Samson Indian Band v. Bruno, 2006 FCA 249

• Judge: Linden, Nadon and Evans, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: May 30, 2005
• Jurisdiction: Canada (Federal)
• Citations: 2006 FCA 249;(2006), 352 N.R. 119 (FCA)

Samson Indian Band v. Bruno (2006), 352 N.R. 119 (FCA)

MLB headnote and full text

Temp. Cite: [2006] N.R. TBEd. JL.034

Darrel Regan Bruno and Darwin Soosay (appellants) v. The Election Appeal Board of the Samson Cree Nation and Chief Victor Buffalo, on his own behalf and on behalf of the Samson Indian Band also known as Samson Cree Nation and the Samson Indian Band also known as Samson Cree Nation (respondents)

(A-538-05; 2006 FCA 249)

Indexed As: Samson Indian Band v. Bruno et al.

Federal Court of Appeal

Linden, Nadon and Evans, JJ.A.

July 4, 2006.

Summary:

The Samson Cree Nation (the Band) elect­ed 12 members to its Band Council. Soosay and Bruno, members of the Band and de­feated candidates, challenged the electoral results. The Samson Election Appeal Board allowed both complaints and ordered that a new election be held within two weeks. The Chief of the Band sought judicial review on his own behalf and on behalf of the Band.

The Federal Court, in a decision reported at [2005] F.T.R. Uned. B09, allowed the ap­pli­ca­tion, holding that both complaints were invalid. Soosay and Bruno appealed.

The Federal Court of Appeal allowed the ap­peal in part.

Administrative Law - Topic 2493

Natural justice - Procedure - At hearing - Right to make submissions - The Samson Cree Nation elected 12 members to its Band Council - Soosay, a member of the Band and a defeated candidate, challenged the election of Northwest on the ground that he was not qualified to run for office by reason of a non-pardoned criminal record - The Samson Election Appeal Board allowed the complaint and ordered that a new election be held - A review judge overturned the decision - Soosay appealed - The Federal Court of Appeal allowed the appeal - The review judge cor­rectly found that the duty of fairness re­quired that the Board give Northwest an opportunity to respond to the Soosay com­plaint - The review judge was wrong to pro­ceed to determine the issue on the merits - The court referred the matter to the Board for redetermination - See para­graphs 11 to 25.

Administrative Law - Topic 2494

Natural justice - Procedure - At hearing - Right to present evidence - [See Adminis­trative Law - Topic 2493 ].

Administrative Law - Topic 2668

Natural justice - Denial - Remedies - Re­mittal of award or decision - [See Ad­min­istrative Law - Topic 2493 ].

Indians, Inuit and Métis - Topic 6243

Government - Elections - Candidates (incl. qualifications) - [See Administrative Law - Topic 2493 ].

Indians, Inuit and Métis - Topic 6246

Government - Elections - Setting aside elec­tions - [See Administrative Law - Topic 2493 ].

Indians, Inuit and Métis - Topic 6255

Government - Elections - Election legisla­tion (incl. amendments to) - Section 58 of the Samson Cree Nation's Election Law pro­vided that "All voting locations shall be open at 9:00 am and shall be open until 6:00 pm." - The Samson Election Appeal Board held that the Electoral Supervisor exceeded her jurisdiction in permitting voting to go beyond 6 p.m. - The Federal Court of Appeal held that the term "voting location" had to be distinguished from other terms used in other sections of the Election Law, namely, "polling booth" and "ballot box" - The only possible interpreta­tion of these provisions, when read to­gether, was that s. 58 only prescribed the hours during which "voting locations" would be open to receive voters - Under the Board's interpretation, eligible voters who had stood in line for hours might be unable to vote because the line had not moved fast enough (i.e., to the door by 6 p.m.) - This would be an absurd result - See paragraphs 26 to 47.

Indians, Inuit and Métis - Topic 6255

Government - Elections - Election legisla­tion (incl. amendments to) - The Samson Cree Nation held elections pursuant to band custom, as codified in its Election Law - The Federal Court of Appeal dis­cussed the manner in which the Election Law could be modified - See paragraphs 36 to 39.

Words and Phrases

Voting location - The Federal Court of Ap­peal discussed the meaning of the phrase "voting location" as found in s. 58 of the Samson Cree Nation Election Law - See paragraphs 26 to 47.

Cases Noticed:

Knight v. Board of Education of Indian Head School Division No. 19, [1990] 1 S.C.R. 653; 106 N.R. 17; 83 Sask.R. 81, refd to. [para. 20].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, appld. [para. 20].

Sparvier v. Cowessess Indian Band No. 73, [1993] 3 F.C. 142; 63 F.T.R. 242 (T.D.), refd to. [para. 20].

Roseau River Anishinabe First Nation v. Atkinson et al. (2003), 228 F.T.R. 167 (T.D.), refd to. [para. 20].

Okeymow v. Samson Cree Nation et al. (2003), 235 F.T.R. 87; 2003 FCT 737, refd to. [para. 27].

Counsel:

Shawn Beaver and Conan Taylor, for the appellant;

David Rolf and Edward Molstad, for the respondent, Chief Victor Buffalo;

Deborah Hanly, for the respondent, Elec­tion Appeal Board of the Samson Cree Nation.

Solicitors of Record:

Taylor Beaver LLP, Edmonton, Alberta, for the appellant;

Parlee McLaws LLP, Edmonton, Alberta, for the respondent, Chief Victor Buffalo;

Hanly Law Office, Sylvan Lake, Alberta, for the respondent, Election Appeal Board of the Samson Cree Nation.

This appeal was heard at Edmonton, Alberta, on May 30, 2005, by Linden, Nadon and Evans, JJ.A., of the Federal Court of Appeal. Nadon, J.A., delivered the following decision for the court on July 4, 2006.