Johnstone v. Mistawasis Nêhiyawak First Nation, 2022 FC 492

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2022 FC 492
Date25 April 2022
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3 practice notes
  • Flett v. Pine Creek First Nation, 2022 FC 805
    • Canada
    • Federal Court (Canada)
    • June 1, 2022
    ...requirements of necessity and reliability (R. v. Khelawon, 2006 SCC 57 at paras 2-3; Johnstone v Mistawasis Nêhiyawak First Nation, 2022 FC 492 at para 25). In fact, no explanation is offered for why no affidavit evidence was obtained from any of these electors on this critical point. When ......
  • Lorentz v. Suhr, 2022 FC 1138
    • Canada
    • Federal Court (Canada)
    • September 8, 2022
    ...on the other hand, submit that the Applicant bears the onus throughout. [75] In Johnstone v Mistawasis Nehiyawak First Nation, 2022 FC 492 [Johnstone], I stated the following: [32] Section 31 of the FNEA requires that, on the balance of probabilities, an applicant establishes a prima facie ......
  • Masuskapoe v. Ahtahkakoop Cree Nation, 2023 FC 124
    • Canada
    • Federal Court (Canada)
    • January 26, 2023
    ...is likely to have affected the election results. This test was recently affirmed in Johnstone v Mistawasis Nêhiyawak First Nation, 2022 FC 492 [Johnstone] (at para 32). [14] The first part of the test, being a contravention of the FNEA or Regulations, is a lower threshold than in the C......
3 cases
  • Flett v. Pine Creek First Nation, 2022 FC 805
    • Canada
    • Federal Court (Canada)
    • June 1, 2022
    ...requirements of necessity and reliability (R. v. Khelawon, 2006 SCC 57 at paras 2-3; Johnstone v Mistawasis Nêhiyawak First Nation, 2022 FC 492 at para 25). In fact, no explanation is offered for why no affidavit evidence was obtained from any of these electors on this critical point. When ......
  • Lorentz v. Suhr, 2022 FC 1138
    • Canada
    • Federal Court (Canada)
    • September 8, 2022
    ...on the other hand, submit that the Applicant bears the onus throughout. [75] In Johnstone v Mistawasis Nehiyawak First Nation, 2022 FC 492 [Johnstone], I stated the following: [32] Section 31 of the FNEA requires that, on the balance of probabilities, an applicant establishes a prima facie ......
  • Masuskapoe v. Ahtahkakoop Cree Nation, 2023 FC 124
    • Canada
    • Federal Court (Canada)
    • January 26, 2023
    ...is likely to have affected the election results. This test was recently affirmed in Johnstone v Mistawasis Nêhiyawak First Nation, 2022 FC 492 [Johnstone] (at para 32). [14] The first part of the test, being a contravention of the FNEA or Regulations, is a lower threshold than in the C......

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