Big "C" First Nation v. Big "C" First Nation Election Appeal Tribunal
T-2192-93
Strayer J.
2/6/94
6 pp.
Application to quash notice of appeal filed by respondents as not properly alleging any permissible grounds of appeal -- Applicants seeking declaration no evidence or insufficient evidence for Election Appeal Tribunal to order hearing into election appeal -- Court having jurisdiction under Federal Court Act, s. 18.1(4) to review decision of Election Appeal Tribunal with respect to errors of jurisdiction and law -- No privative clause protecting decisions of Election Appeal Tribunal of Big "C" First Nation -- Tribunal having no authority to decide questions of law and jurisdiction raised in election appeal-Tribunal's conclusion first four grounds of appeal had to do with "election practices which contravenes these regulations" patently unreasonable -- Error of law or jurisdiction made by Tribunal in deciding to proceed with hearing without "evidence" or other material before it to support allegation -- Election Regulations not allowing Tribunal to grant extension of time -- Application allowed in part -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(4) (as enacted by S.C. 1990, c. 8, s. 5).