NATIVE PEOPLES |
Elections |
Simon v. Samson Cree Nation
T-994-99
2001 FCT 467, Blais J.
10/5/01
11 pp.
Judicial review of Electoral Supervisor of Samson Cree Nation's decision to remove applicant's name from list of candidates for Council--Applicant nominated to stand for position of councillor--Stated on nomination acceptance form ordinarily resident on Samson and Pigeon Lake Reserves for no less than six months preceding election--Upon receipt of information applicant residing in Wetaskiwin, complaints relating to residency, Electoral Supervisor removing applicant's name from list--Applicant submitting complaint as to candidate's eligibility should be by way of post-election application to Appeal Board under Samson Election Law, s. 32(b)--Electoral Supervisor submitting Election Law, s. 16, providing authority to conduct entire administration, process of election, not limited by other provisions--Applicant relying on Bugle v. Lameman, [1997] F.C.J. No. 560 (F.C.T.D.) (QL) for allegation Electoral Supervisor having no authority to remove candidate's name from list outside provisions of Election Law--Application dismissed--Bugle fact specific; not standing for proposition all provisions in Band election laws must be strictly construed--Although Election Law not providing procedure to remove candidate from list, list stating candidate's eligibility may change subject to section 3(c) of Samson Election Law (residency requirement)--Applicant's proposed interpretation suggesting passage of time, misrepresentation of eligibility at nomination meeting can confer eligibility; would render eligibility provisions meaningless, encourage misconduct--Purpose of Election Law to limit candidacy to those meeting residency qualifications--Purpose must be considered when interpreting scope of Electoral Supervisor's jurisdiction to control process, administration of election--Drafters of Election Law cannot have intended person not meeting requirements should be permitted to be electoral candidate--Applicant's interpretation would waste Band's resources since another election would probably have to be held if person not meeting requirements of Election Law candidate in election--Electoral Supervisor not exceeding jurisdiction when removed applicant's name from list of candidates.