Lidguerre v. Mercredi et al., (2014) 461 Sask.R. 244 (QB)

• Judge: Zuk, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 03, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 461 Sask.R. 244 (QB);2014 SKQB 357

Lidguerre v. Mercredi (2014), 461 Sask.R. 244 (QB)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. DE.027

Chief Earl Lidguerre on his own behalf and on behalf of the Fond Du Lac Densuline First Nation in his capacity as Chief of the Band (applicant) v. Alex P. Mercredi, Louis Mercredi, Dorothy Adam, and Jules Lidguerre (respondent)

(2014 Q.B. No. 372; 2014 SKQB 357)

Indexed As: Lidguerre v. Mercredi et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Zuk, J.

October 3, 2014.

Summary:

The applicant issued a statement of claim alleging that the defendants had wrongfully removed him as Chief of the Fond Du Lac Densuline First Nation. The applicant applied without notice for an interlocutory injunction in relation to actions taken by the defendants in their capacity as members of the First Nation's Executive Advisory Committee. He also sought an interlocutory injunction against the Chief Electoral Officer (Alex P. Mercredi) and Deputy Electoral Officer (Jules Lidguerre) preventing them from initiating or continuing with a by-election to fill the position of Chief. The applicant argued that his removal from office was unlawful and he remained Chief of the Band.

The Saskatchewan Court of Queen's Bench held that it had jurisdiction to determine the matter. The court was not satisfied that it was appropriate to restrain the defendants from representing that they were members of the Executive Advisory Committee as there was not sufficient evidence to establish the Committee's proper make-up. Similarly, the court was not satisfied that there was sufficient evidence to show that Alex P. Mercredi was not the Chief Electoral Officer and Jules Lidguerre was not the Deputy Electoral Officer. They might be properly elected or appointed to those positions; however the court restrained them from continuing with the by-election. The test for an interlocutory injunction was met.

Courts - Topic 5687

Provincial courts - Jurisdiction or powers - Over Indians - The applicant issued a statement of claim alleging that the defendants had wrongfully removed him as Chief of the Fond Du Lac Densuline First Nation - The applicant applied without notice for an interlocutory injunction in relation to actions taken by the defendants in their capacity as members of the First Nation's Executive Advisory Committee - He also sought an interlocutory injunction against the Chief Electoral Officer and Deputy Electoral Officer preventing them from initiating or continuing with a by-election to fill the position of Chief - The applicant argued that his removal from office was unlawful and he remained Chief of the Band - The Saskatchewan Court of Queen's Bench held that the decision to remove the applicant was not made by any powers conferred to the Band under the Indian Act - Therefore, the court's jurisdiction had not been removed by s. 18 of the Federal Courts Act - See paragraphs 17 to 45.

Indians, Inuit and Métis - Topic 6226

Government - Band councils (incl. chief and councillors) - Removal - Validity - [See Courts - Topic 5687 ].

Indians, Inuit and Métis - Topic 6226

Government - Band councils (incl. chief and councillors) - Removal - Validity - The applicant issued a statement of claim alleging that the defendants had wrongfully removed him as Chief of the Fond Du Lac Densuline First Nation - The Saskatchewan Court of Queen's Bench granted the injunction - The applicant's affidavit outlined various alleged breaches of the Fond Du Lac Executive Act in effecting his removal as Chief - If true, there was a serious question to be tried that was neither vexatious nor frivolous - Second, the applicant stated that the First Nation would be subjected to internal strife and uncertainty if the by-election was allowed to proceed - The Chief's removal and the election process was proceeding with great haste - The Advisory Board removed the applicant as Chief before the Band meeting was conducted to discuss the matter - Very little advance notice had been given to the Band membership respecting the meeting - This would have placed the community into a state of confusion respecting its properly elected Chief and caused harm to the community - The court found that irreparable harm would arise if the interim injunction was not granted - If the by-election was allowed to proceed there would potentially be two persons claiming to be the properly elected Chief - If the interim injunction was not granted, a by-election would be held without the court having determined whether the Chief's removal was done according to the law - Allowing the by-election to proceed might result in a duly elected Chief being removed from office - For that, there could be no adequate monetary compensation - Both the applicant and the community would be harmed thereby - Conversely, the delay caused to any by-election by granting an interim injunction would result in less potential harm and inconvenience to the defendants - The balance of convenience favoured the applicant - See paragraphs 46 to 56.

Indians, Inuit and Métis - Topic 6249

Government - Elections - Electoral officer (incl. removal) - The applicant issued a statement of claim alleging that the defendants had wrongfully removed him as Chief of the Fond Du Lac Densuline First Nation - The applicant applied without notice for an interlocutory injunction in relation to actions taken by the defendants in their capacity as members of the First Nation's Executive Advisory Committee - He also sought an interlocutory injunction against the Chief Electoral Officer (Alex P. Mercredi) and Deputy Electoral Officer (Jules Lidguerre) preventing them from initiating or continuing with a by-election to fill the position of Chief - The applicant argued that his removal from office was unlawful and he remained Chief of the Band - The Saskatchewan Court of Queen's Bench was not satisfied that it was appropriate to restrain the defendants from representing that they were members of the Executive Advisory Committee as there was not sufficient evidence to establish the Committee's proper make-up - Similarly, the court was not satisfied that there was sufficient evidence to show that Alex P. Mercredi was not the Chief Electoral Officer and that Jules Lidguerre was not the Deputy Electoral Officer - They might be properly elected or appointed to those positions; however, the court restrained them from continuing with the by-election - See paragraph 55.

Injunctions - Topic 1606

Interlocutory or interim injunctions - General principles - Balance of convenience - [See second Indians, Inuit and Métis - Topic 6226 ].

Injunctions - Topic 1609

Interlocutory or interim injunctions - Circumstances when injunction will issue - [See second Indians, Inuit and Métis - Topic 6226 ].

Injunctions - Topic 1616

Interlocutory or interim injunctions - General principles - Arguable issues of law involved or serious question to be tried - [See second Indians, Inuit and Métis - Topic 6226 ].

Injunctions - Topic 1802

Interlocutory or interim injunctions - Requirement of irreparable injury - What constitutes - [See second Indians, Inuit and Métis - Topic 6226 ].

Cases Noticed:

Whitefish et al. v. Joseph et al. (1985), 41 Sask.R. 257; 1985 CanLII 2853 (Q.B.), refd to. [para. 18].

Lonechild v. Federation of Saskatchewan Indian Nations et al. (2011), 382 Sask.R. 78; 2011 SKQB 315, refd to. [para. 25].

Sweetgrass First Nation v. Gollan et al. (2006), 294 F.T.R. 119; 2006 FC 778, refd to. [para. 28].

Oakes et al. v. Pahtayken et al., [2010] F.T.R. Uned. 911; 2010 FC 1266, refd to. [para. 29].

Algonquins of Barriere Lake v Algonquins of Barriere Lake (Council) - see Ratt et al. v. Matchewan et al.

Ratt et al. v. Matchewan et al., [2010] 2 C.N.L.R. 275; 362 F.T.R. 285; 2010 FC 160, refd to. [para. 29].

Conseil des Mohawks de Kanesatake v. Kanesatake Health Centre Inc., [2014] 2 C.N.L.R. 227; 2013 QCCS 5312, refd to. [para. 30].

Devil's Gap Cottagers (1982) Ltd. v. Rat Portage Indian Band et al., [2009] 2 F.C.R. 267; 331 F.T.R. 87; 2008 FC 812, refd to. [para. 40].

Jackson v. Canada (Attorney General) (1997), 141 F.T.R. 1 (T.D.), affd. (2000), 261 N.R. 100 (F.C.A.), refd to. [para. 41].

Telecommunications Workers' Union v. Canadian Radio-Television Commission et al. (1988), 86 N.R. 324 (F.C.A.), appld. [para. 47].

Counsel:

A.K. Pandila, Q.C., for the applicant;

No other counsel listed.

This case was heard by Zuk, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following decision on October 3, 2014.