Francis v. Mohawk Council of Akwesasne
T-759-93
Noël J.
22/4/93
6 pp.
Motion seeking interim relief under Federal Court Act, s. 18.2 (prohibiting holding of election on April 24, 1993) -- Declaration as to state of law regarding quorum for Mohawk Council of Akwesasne would be final by nature -- Motion for two interim declaratory orders accordingly dismissed-Applicants members of Council representing minority faction-Decision to hold election on April 24, 1993 made by resolution being object of applicant's original notice of motion-Applicants' attack on decision of Council based on Akwesasne Election Regulation and that Council members elected for three year term -- Serious issue as to whether Resolution 162 proper authority for holding of by-election -- In assessing balance of convenience, Court must take into account public interest, needs and best interests of Akwesasne community -- Substantial disruption in Akwesasne community if elections, otherwise validly and democratically held, voided because of absence of proper authority to hold them -- Status quo should be preserved until matter of legitimacy of by-election determined -- Interim order granted.