NATIVE PEOPLES |
Elections |
Bull v. Canada (Attorney General)
T-1895-00
2002 FCT 374, Hansen J.
5/4/02
8 pp.
Judicial review of decision of Louis Bull Election Appeal Board--Chief, eight councillors of Louis Bull Tribe elected by members of Band according to band custom--Tribal Council elections governed by Louis Bull Tribe No. 439 Declaration of Customs (Regulations)--Applicant stood as candidate for position of councillor in February 2000 election, but lost--After three-way tie for eighth councillor position, respondent ultimately elected in run-off election--Applicant appealed election of respondent to returning officer on basis of belief respondent had criminal record disqualifying him from holding office of councillor--Returning officer replied appeal dismissed as offences of which respondent convicted not precluding him from running for office--Applicant subsequently wrote to Appeal Board requesting it to consider, decide appeal as returning officer not having jurisdiction to decide appeal--When no response received, counsel demanding ruling whereupon Board replied Regulations requiring electoral officer to forward appeal to Appeals Committee only if deems appeal valid, and appeal letter herein not warranting forwarding--Regulations, s. 2 providing to be eligible for candidacy, candidate must not have been convicted of indictable offence in 10 years prior to election nomination--S. 21 stating any candidate may appeal to Appeal Board eligibility of person nominated to be candidate within 30 days of election--S. 22 setting out duties of Appeal Board, and requiring it to make decision within 14 days of receipt of appeal--Appeal Board failed to consider, decide appeal as required--Applicant conceded remedies of certiorari, mandamus having no practical effect since respondent's term of office expired--But still seeking writ of quo warranto--While clear applicant should not have to commence new proceedings where basis of challenge to eligibility of office holder carried into second term, in present case, applicant's factual foundation for writ of quo warranto deficient--No evidence before Court respondent re-elected following expiration of term of office being challenged by applicant--Application dismissed.