Parisier v. Ocean Man First Nation
T-1315-94
Gibson J.
31/1/96
7 pp.
Application for extension of time to apply for certiorari to quash election of Lilian Big Eagle to Ocean Man First Nation council in December 1993 and mandamus to compel Chief and Band Council to select electoral officer and to direct by-election be conducted betweeen Lilian Big Eagle and Tara Parisier-Above named councillors having received equal number of votes, electoral officer chose Lilian Big Eagle on basis was councillor before and, with spoiled ballot, would have won by one-Ocean Man First Nation Constitution, s. 34 providing where two candidates get same number of votes, further poll to be held-Constitution, s. 43 providing reference to Saskatchewan Court of Queen's Bench where violation of Constitution might have affected result of election-Notwithstanding s. 43, judicial review available in Federal Court as Band Council and electoral officer acting pursuant to provisions of Indian Act constitute "federal board, commission or other tribunal" within definition in Federal Court Act, s. 2-Electoral officer erred in declaring Lilian Big Eagle elected in spite of Constitution, s. 34-Order setting aside decision of electoral officer appropriate-However, mandamus cannot issue against Chief and Council as period within which run-off election to be conducted expired-Conduct of run-off election responsibility of electoral officer, not Chief and Council-Not within Court's authority to grant remedy against Chief and Council as not parties to impugned decision and have not acted on decision-Would be inappropriate to grant any form of relief against Chief and Council-Application allowed in part-Federal Court Act, R.S.C., 1985, c. F-7, s. 2 "federal board, commission or other tribunal" (as am. by S.C. 1990, c. 8, s. 1).