Boucher v. Métis Nation of Alberta Association et al., 2008 ABCA 239

• Judge: Côté, J.A.
• Court: Court of Appeal (Alberta)
• Case Date: June 17, 2008
• Citations: 2008 ABCA 239;(2008), 433 A.R. 155 (CA)

Boucher v. Métis Nation (2008), 433 A.R. 155 (CA);

      429 W.A.C. 155

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. JL.004

Rick Boucher (applicant/appellant) v. Métis Nation of Alberta Association, Audrey Poitras, Métis Judiciary Council, Dale Friedel, Toby Racette, Ken Shaw, Bertha Clarke-Jones and Bonnie Bell (respondents/respondents)

(0803-0133-AC; 2008 ABCA 239)

Indexed As: Boucher v. Métis Nation of Alberta Association et al.

Alberta Court of Appeal

Côté, J.A.

June 24, 2008.

Summary:

Boucher, an elected member of the Métis Nation of Alberta (MNA) Provincial Council, sought to quash a Métis Judiciary Council decision finding that he contravened conflict of interest provisions contained in the MNA Bylaws and acted in a manner gravely detrimental to the MNA.

The Alberta Court of Queen's Bench, in a decision reported at 434 A.R. 139 , dismissed the application. Boucher sought a stay of execution pending appeal.

The Alberta Court of Appeal, per Côté, J.A., granted the stay.

Practice - Topic 8954

Appeals - Stay of proceedings pending appeal - What constitutes "irreparable harm" - Boucher, an elected member of the Métis Nation of Alberta (MNA) Provincial Council, sought to quash a Métis Judiciary Council decision finding that he contravened conflict of interest provisions contained in the MNA Bylaws and acted in a manner gravely detrimental to the MNA - A motions judge dismissed the application - Boucher sought a stay of execution pending appeal - The Alberta Court of Appeal, per Côté, J.A., granted the stay - There was some evidence that the Provincial Council of the MNA was now split between two factions on many issues - If Boucher was removed, that would produce a tie which Poitras, the person who made the original complaint against Boucher, could break with her casting vote as an ex-officio member - That would cause some irreparable harm to Boucher and his allies - Also, Boucher was one of the two elected representatives for one region - Without a stay, they would lose his services and votes irreparably - The balance of convenience favoured a stay as the harm from a stay would be less than that from its absence.

Practice - Topic 8958

Appeals - Stay of proceedings pending appeal - Balance of convenience and justice - [See Practice - Topic 8954 ].

Cases Noticed:

Harris v. Law Society of Alberta, [1936] S.C.R. 88, refd to. [para. 3].

Counsel:

Senia Tarrabain, for the applicant/appellant, Rick Boucher;

H.J. Sniderman and L.C. Kelly, for the respondents/respondents, Métis Nation of Alberta Association and Audrey Poitras;

D.N. Jardine, for the respondent/respondent, Métis Judiciary Council.

This application was heard on June 17, 2008, before Côté, J.A., of the Alberta Court of Appeal, who filed the following reasons for decision on June 24, 2008.