Cardinal v. Prince

Cardinal v. Prince
Court (s) Database
Federal Court of Appeal Decisions
Date
2009-02-10
Neutral citation
2009 FCA 40
File numbers
A-568-08
Decision Content
Date: 20090210
Docket: A-568-08
Citation: 2009 FCA 40
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
JARET CARDINAL, RONALD WILLIER, RUSSELL WILLIER
and SUCKER CREEK FIRST NATION #150A
Appellants
and
GEORGE PRINCE AND PAULETTE CAMPIOU
Respondents
Heard at Edmonton, Alberta, on February 10, 2009.
Judgment delivered from the Bench at Edmonton, Alberta, on February 10, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER, J.A.
Date: 20090210
Docket: A-568-08
Citation: 2009 FCA 40
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
JARET CARDINAL, RONALD WILLIER,
RUSSELL WILLIER and SUCKER CREEK FIRST NATION #150A
Appellants
and
GEORGE PRINCE AND PAULETTE CAMPIOU
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta, on February 10, 2009)
PELLETIER J.A.:
[1] Despite the determined argument of counsel, we are not persuaded that Mr. Justice Kelen erred in his interpretation of the Customary Band Election Regulations of the Sucker Creek First Nation.
[2] While the provisions of section 15 are not free from doubt, the interpretations adopted by Justice Kelen gives them a coherent meaning and, in our view, is correct.
[3] As for the argument that the Court ought not to have entertained the application for judicial review because the Respondents had an adequate alternate remedy, we note that the procedure under the Regulations would require councillors against whom allegations had not been proven to run for re-election in order to retain their posts. The remedy for re-instatement is not available under Regulation. We see no error in Justice Kelen’s decision on this point.
[4] In light of our conclusions on these issues, it is not necessary to deal with the issue of procedural fairness.
[5] The appeal will be dismissed with costs.
“Denis Pelletier”
____________________________
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-568-08
APPEAL FROM A REASONS FOR JUDGMENT AND JUDGMENT OF
JUSTICE KELEN DATED NOVEMBER 14, 2008, DOCKET NO.: T-1307-08
STYLE OF CAUSE: JARET CARDINAL ET AL. v.
GEORGE PRINCE ET AL.
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: February 10, 2009
REASONS FOR JUDGMENT OF THE COURT BY: NOËL, NADON, PELLETIER, JJ.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
Priscilla Kennedy
FOR THE APPELLANT/
APPLICANT
Thomas Owen
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Davis LLP
FOR THE APPELLANT/
APPLICANT
Owen Law
FOR THE RESPONDENT