Bill et al. v. Thomas et al., 2007 FC 1152
| Judge | Noël, J. |
| Court | Federal Court (Canada) |
| Case Date | October 18, 2007 |
| Jurisdiction | Canada (Federal) |
| Citations | 2007 FC 1152;(2007), 319 F.T.R. 182 (FC) |
Bill v. Thomas (2007), 319 F.T.R. 182 (FC)
MLB headnote and full text
Temp. Cite: [2007] F.T.R. TBEd. NO.012
Chief Peter Bill and Councillors Romeo Thomas, Frederick Whitehead, David Thomas, Gilbert Chamakese, Sidney Bill and Jimmy Bill (applicants) v. David D. Thomas, Wayne R. Thomas and Lorne Sakebow (respondents)
(T-716-07; 2007 FC 1152)
Indexed As: Bill et al. v. Thomas et al.
Federal Court
Noël, J.
November 7, 2007.
Summary:
The applicants were elected Chief and Councillors to the Pelican Lake Band Council following an election on March 9, 2007. On March 20, 2007, the respondents brought an appeal of these electoral results to the Pelican Lake Band Appeal Board. The Appeal Board upheld the appeal and called for a new election pursuant to s. 12(6) of the Pelican Lake Band Treaty Six Election Act. The applicants sought judicial review.
The Federal Court allowed the application and declared the decision of the Appeal Board null and void.
Editor's Note: there are prior related cases, including 294 F.T.R. 189 and 357 N.R. 314.
Indians, Inuit and Métis - Topic 6247
Government - Elections - Appeal tribunals - The applicants were elected Chief and Councillors to the Pelican Lake Band Council following an election on March 9, 2007 - On March 20, 2007, the respondents brought an appeal of these electoral results to the Pelican Lake Band Appeal Board - Three out of five members of the Appeal Board upheld the appeal and called for a new election pursuant to s. 12(6) of the Pelican Lake Band Treaty Six Election Act - The applicants sought judicial review - The Federal Court allowed the application and declared the decision of the Appeal Board null and void - The Appeal Board was correct to receive the appeal but did not respect the Election Act and denied the applicants procedural fairness in its proceedings (i.e., notice of appeal did not contain grounds of appeal, appeal hearing was not based on viva voce evidence, the Chairman of the Appeal was biased towards the applicant Chief Bill) - See paragraphs 22 to 35.
Counsel:
Anil Pandila, for the applicants;
Brenda V. McLeod, for the respondents.
Solicitors of Record:
Pandila & Company, Prince Albert, Saskatchewan, for the applicants;
Brenda V. McLeod, Young, Saskatchewan, Agent for the respondents.
This application was heard on October 18, 2007, at Saskatoon, Saskatchewan, before Noël, J., of the Federal Court, who released the following reasons for judgment on November 7, 2007.
To continue reading
Request your trial
-
Felix v. Sturgeon Lake First Nation, 2011 FC 1139
...1; 2008 SCC 9, refd to. [para. 20]. Pelican Lake Band v. Thomas - see Bill et al. v. Thomas et al. Bill et al. v. Thomas et al. (2007), 319 F.T.R. 182; 2007 FC 1152, refd to. [para. 22]. Khosa v. Canada (Minister of Citizenship and Immigration), [2009] 1 S.C.R. 339; 385 N.R. 206; 2009 SCC 1......
-
Parenteau et al. v. Badger et al., 2016 FC 535
...limited way, this case is no exception. [59] I also find instructive Justice Noël's obiter comment in Pelican Lake Band Council v Thomas , 2007 FC 1152 at paras 31-34, in which he quashed the decision of the Appeal Tribunal relating to an election under a similar Election Act , following th......
-
Mercredi v. Fond du Lac Denesuline First Nation, 2018 FC 1272
...exceptional and complex situations may call for exceptional measures or remedies (Parenteau v Badger, 2016 FC 535; Bill v Thomas, 2007 FC 1152). [51] This situation is somewhat like the situation this Court found in Abbott v Pelican Lake Band Appeal Board, 2003 FCT 340 [Abbott]. In that cas......
-
Felix et al. v. Sturgeon Lake First Nation et al., (2014) 464 F.T.R. 243 (FC)
...113]. Jackson et al. v. Piikani Nation et al. (2008), 323 F.T.R. 188; 2008 FC 130, refd to. [para. 119]. Bill et al. v. Thomas et al. (2007), 319 F.T.R. 182; 2007 FC 1152, refd to. [para. Sweetgrass First Nation v. Gollan et al. (2006), 294 F.T.R. 119; 2006 FC 778, refd to. [para. 135]. Cou......
-
Felix v. Sturgeon Lake First Nation, 2011 FC 1139
...1; 2008 SCC 9, refd to. [para. 20]. Pelican Lake Band v. Thomas - see Bill et al. v. Thomas et al. Bill et al. v. Thomas et al. (2007), 319 F.T.R. 182; 2007 FC 1152, refd to. [para. 22]. Khosa v. Canada (Minister of Citizenship and Immigration), [2009] 1 S.C.R. 339; 385 N.R. 206; 2009 SCC 1......
-
Parenteau et al. v. Badger et al., 2016 FC 535
...limited way, this case is no exception. [59] I also find instructive Justice Noël's obiter comment in Pelican Lake Band Council v Thomas , 2007 FC 1152 at paras 31-34, in which he quashed the decision of the Appeal Tribunal relating to an election under a similar Election Act , following th......
-
Mercredi v. Fond du Lac Denesuline First Nation, 2018 FC 1272
...exceptional and complex situations may call for exceptional measures or remedies (Parenteau v Badger, 2016 FC 535; Bill v Thomas, 2007 FC 1152). [51] This situation is somewhat like the situation this Court found in Abbott v Pelican Lake Band Appeal Board, 2003 FCT 340 [Abbott]. In that cas......
-
Felix et al. v. Sturgeon Lake First Nation et al., (2014) 464 F.T.R. 243 (FC)
...113]. Jackson et al. v. Piikani Nation et al. (2008), 323 F.T.R. 188; 2008 FC 130, refd to. [para. 119]. Bill et al. v. Thomas et al. (2007), 319 F.T.R. 182; 2007 FC 1152, refd to. [para. Sweetgrass First Nation v. Gollan et al. (2006), 294 F.T.R. 119; 2006 FC 778, refd to. [para. 135]. Cou......