McNabb v Cyr, 2017 SKCA 27

JurisdictionSaskatchewan
JudgeJackson, Caldwell , Whitmore
Subject MatterADMINISTRATIVE LAW,COURTS,CIVIL RIGHTS,ELECTIONS,PRACTICE
Citation2017 SKCA 27
CourtCourt of Appeal (Saskatchewan)
Docket NumberCACV2989
Date07 April 2017
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19 practice notes
  • Pastion c. Première nation Dene Tha’,
    • Canada
    • Federal Court (Canada)
    • 21 Junio 2018
    ...67, [2013] 3 R.C.S. 895; Lewis c. Nation Gitxaala, 2015 CF 204; Omoth v. Ghostkeeper, 2005 ABQB 671 (CanLII), 387 A.R. 201; McNabb v. Cyr, 2017 SKCA 27 (CanLII).TREATIES AND OTHER INSTRUMENTS CITEDUnited Nations Declaration on the Rights of Indigenous Peoples, 13 September 2007, G.A. Res. A......
  • Whitford v. Red Pheasant First Nation, 2022 FC 436
    • Canada
    • Federal Court (Canada)
    • 30 Marzo 2022
    ...of probabilities, that a contravention of the Act has occurred that is likely to have affected the election results: see McNabb v Cyr, 2017 SKCA 27 at para 36, [2017] SJ No 132. Where sufficient evidence of corruption is adduced, the evidentiary burden may shift to the Respondents. [34] Not......
  • Digest: McNabb v Cyr, 2018 SKCA 51
    • Canada
    • Saskatchewan Law Society Case Digests
    • 18 Junio 2018
    ...of the order annulling the election of the chief and allowed the appeal from the order annulling the election of the councilors (see: 2017 SKCA 27). A separate costs hearing was held.HELD: The appeal as to costs in the Court of Queen�s Bench was dismissed. There was no basis to intervene an......
  • McCallum v. Canoe Lake Cree First Nation, 2022 FC 969
    • Canada
    • Federal Court (Canada)
    • 29 Junio 2022
    ...has occurred and that the contravention was likely to have affected the result of the election [Bird at para 28-30; McNabb v Cyr, 2017 SKCA 27 at para 23 [McNabb]); Opitz v Wrzesnewskyj, 2012 SCC 55 at para 52 [Opitz]; Papequash v Brass, 2018 FC 325 at para 33 [Papequash]; O’Soup v Montana,......
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18 cases
  • Pastion c. Première nation Dene Tha’,
    • Canada
    • Federal Court (Canada)
    • 21 Junio 2018
    ...67, [2013] 3 R.C.S. 895; Lewis c. Nation Gitxaala, 2015 CF 204; Omoth v. Ghostkeeper, 2005 ABQB 671 (CanLII), 387 A.R. 201; McNabb v. Cyr, 2017 SKCA 27 (CanLII).TREATIES AND OTHER INSTRUMENTS CITEDUnited Nations Declaration on the Rights of Indigenous Peoples, 13 September 2007, G.A. Res. A......
  • Whitford v. Red Pheasant First Nation, 2022 FC 436
    • Canada
    • Federal Court (Canada)
    • 30 Marzo 2022
    ...of probabilities, that a contravention of the Act has occurred that is likely to have affected the election results: see McNabb v Cyr, 2017 SKCA 27 at para 36, [2017] SJ No 132. Where sufficient evidence of corruption is adduced, the evidentiary burden may shift to the Respondents. [34] Not......
  • McCallum v. Canoe Lake Cree First Nation, 2022 FC 969
    • Canada
    • Federal Court (Canada)
    • 29 Junio 2022
    ...has occurred and that the contravention was likely to have affected the result of the election [Bird at para 28-30; McNabb v Cyr, 2017 SKCA 27 at para 23 [McNabb]); Opitz v Wrzesnewskyj, 2012 SCC 55 at para 52 [Opitz]; Papequash v Brass, 2018 FC 325 at para 33 [Papequash]; O’Soup v Montana,......
  • Holmes v Jastek Master Builder, 2019 SKCA 132
    • Canada
    • Court of Appeal (Saskatchewan)
    • 9 Diciembre 2019
    ...are referred to which indicates that in the Courts of the United States the rule is of wide application. [142] In McNabb v Cyr, 2017 SKCA 27 [Cyr], this Court confirmed that deference must be accorded “to inferences of fact absent a palpable and overriding error with respect to the facts fr......
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1 books & journal articles
  • Digest: McNabb v Cyr, 2018 SKCA 51
    • Canada
    • Saskatchewan Law Society Case Digests
    • 18 Junio 2018
    ...of the order annulling the election of the chief and allowed the appeal from the order annulling the election of the councilors (see: 2017 SKCA 27). A separate costs hearing was held.HELD: The appeal as to costs in the Court of Queen�s Bench was dismissed. There was no basis to intervene an......

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