Shaw et al. v. Gift Lake Metis Settlement et al., [2015] A.R. TBEd. AU.005

• Judge: Graesser, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 01, 2015
• Citations: [2015] A.R. TBEd. AU.005;2015 ABQB 470

Shaw v. Gift Lake Metis Settlement, [2015] A.R. TBEd. AU.005

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. AU.005

Howard David Shaw and Lester Calaheson (applicants) v. Gift Lake Metis Settlement, Gift Lake Metis Settlement Council, Jason Anderson and Kathy Anderson (returning officer) (respondents)

(1303 16266; 2015 ABQB 470)

Indexed As: Shaw et al. v. Gift Lake Metis Settlement et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Graesser, J.

July 24, 2015.

Summary:

The applicants applied under s. 137 of the Local Authorities Election Act with respect to the Gift Lake Metis Settlement election held in October 2013. They alleged that there were serious irregularities concerning the election. In particular, the applicants complained that Jason Anderson was an ineligible candidate but he was permitted to run and was elected, and that ineligible voters were allowed to vote. The respondents acknowledged that an ineligible candidate ran in the election (Jason Anderson, who resigned and was re-elected in a by-election), but denied that there were irregularities with regard to voting.

The Alberta Court of Queen's Bench set aside the election of three of five councillors, namely Ronnie Anderson, Chris Lamouche and Sherry Anderson. As a result, council was left without a quorum, which had to be three councillors under s. 38(1) of the Metis Settlements Act. A new general election was more than two years away. The court ordered a new election to be held to fill the three vacancies created by its decision.

Elections - Topic 545

Election officers - Returning or electoral officers - Powers of - See paragraph 184.

Elections - Topic 547

Election officers - Returning or electoral officers - Duties of - See paragraphs 143 to 155 and 185.

Elections - Topic 7856

Controverted elections - General - Interpretation of statute - See paragraphs 47 to 127.

Elections - Topic 7885

Controverted elections - Invalid elections - Remedies - See paragraphs 223 to 229.

Elections - Topic 7904

Controverted elections - Grounds for invalidity - Unqualified electors - See paragraphs 128 to 231.

Elections - Topic 7915

Controverted elections - Grounds for invalidity - Curing of - See paragraphs 47 to 127.

Elections - Topic 8144

Controverted elections - Evidence and proof - Burden of proof - See paragraphs 35 to 44.

Indians, Inuit and Métis - Topic 163

Registration - Jurisdiction of Registrar - See paragraphs 167 to 177 and 182.

Indians, Inuit and Métis - Topic 164

Registration - Entitlement - See paragraphs 128 to 216.

Indians, Inuit and Métis - Topic 6245

Government - Elections - Qualifications or right to vote (incl. residency) - See paragraphs 128 to 216.

Indians, Inuit and Métis - Topic 6245.9

Government - Elections - Validity - See paragraphs 1 to 231.

Indians, Inuit and Métis - Topic 6246

Government - Elections - Setting aside elections - See paragraphs 35 to 231.

Practice - Topic 5452

Judgments and orders - Operation and effect of judgments and orders - Effect of - See paragraphs 161 to 163 and 202 to 212.

Practice - Topic 6194

Judgments and orders - Setting aside judgments - Nullities - See paragraphs 161 to 163 and 202 to 212.

Practice - Topic 9251

Appeals - Judgments by appeal court - General principles - See paragraphs 161 to 163 and 202 to 212.

Counsel:

S. Beaver and T. Karbani (Beaver Leebody Frank & Associates), for the applicants;

P. Seaman and G. Ragan (Gowlings), for the respondents.

This application was heard on May 1, 2015, by Graesser, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision for the court on July 24, 2015.