Bruno v. Samson Cree Nation, 2006 FCA 249 (2006)

Extract

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Bruno v. Samson Cree Nation, 2006 FCA 249 (2006)

Date: 20060704

Docket: A-538-05

Citation: 2006 FCA 249

CORAM: LINDEN J.A.

NADON J.A.

EVANS J.A.

BETWEEN:

DARREL REGAN BRUNO and DARWIN SOOSAY

Appellants

and

THE ELECTION APPEAL BOARD OF THE SAMSON CREE NATION

and

CHIEF VICTOR BUFFALO, on his own behalf and on behalf of the

SAMSON INDIAN BAND also known as SAMSON CREE NATION and the

SAMSON INDIAN BAND also known as SAMSON CREE NATION

Respondent s

Heard at Edmonton, Alberta , on May 30, 2006.

Judgment delivered at Ottawa, Ontario , on July 4, 2006

REASONS FOR JUDGMENT BY: NADON J.A.

CONCURRED IN BY: LINDEN J.A.

EVANS J.A.

Date: 20060704

Docket: A-538-05

Citation: 2006 FCA 249

CORAM: LINDEN J.A.

NADON J.A.

EVANS J.A.

BETWEEN:

DARREL REGAN BRUNO and DARWIN SOOSAY

Appellants

and

THE ELECTION APPEAL BOARD OF THE SAMSON CREE NATION

and

CHIEF VICTOR BUFFALO, on his own behalf and on behalf of the

SAMSON INDIAN BAND also known as SAMSON CREE NATION and the

SAMSON INDIAN BAND also known as SAMSON CREE NATION

Respondents

REASONS FOR JUDGMENT

[1] On May 19, 2005, elections were held by the Samson Cree Nation (the Band), a First Nation with approximately 3,363 eligible voters, to select a Band Council. Of the 86 members of the Band who stood for election, 12 were elected to the Council.

[2] Following the elections, the appellants, members of the Band and defeated candidates, challenged the electoral results. Firstly, the appellant Soosay challenged the election of Larron Northwest on the ground that he was not qualified to run for office by reason of a non-pardoned criminal record. Secondly, the appellant Bruno challenged the outcome of the elections on the ground that, contrary to the Samson Cree Nation Election Law (the Election Law), the Electoral Supervisor allowed voting to continue beyond 6:00pm.

[3] As required by section 82 of the Election Law, the appellants served their complaints on the Chairman of the Samson Election Appeal Board (...

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