Kootenhayoo v. Alger

Kootenhayoo v. Alger
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-09-20
Neutral citation
2004 FCA 307
File numbers
A-514-03
Decision Content
Date: 20040920
Docket: A-514-03
Citation: 2004 FCA 307
CORAM: LINDEN J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
COLLEEN GRACE KOOTENHAYOO A.K.A.
COLEEN KOOTENAY, RACHEL JONES and CELINA M. POTTS
Appellants
and
GORDON A. ALGER, DORIS AGINAS, LOIS KOOTENAY, SANDY WAYNE ALEXIS,
BARBARA PAUL, DARRYL POTTS, DARWIN ALEXIS, CHARLIE LETENDRE AND
RODERICK ALEXIS
Respondents
Heard at Edmonton, Alberta, on September 20, 2004.
Judgment delivered from the Bench at Edmonton, Alberta, on September 20, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
LINDEN J.A.
SEXTON J.A.
Date: 20040920
Docket: A-514-03
Citation: 2004 FCA 307
CORAM: LINDEN J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
COLLEEN GRACE KOOTENHAYOO A.K.A.
COLEEN KOOTENAY, RACHEL JONES and CELINA M. POTTS
Appellants
and
GORDON A. ALGER, DORIS AGINAS, LOIS KOOTENAY, SANDY WAYNE ALEXIS,
BARBARA PAUL, DARRYL POTTS, DARWIN ALEXIS, CHARLIE LETENDRE AND
RODERICK ALEXIS
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Judgment delivered from the Bench at Edmonton, Alberta, on September 20, 2004)
NADON J.A.
[1] We are all of the view that Kelen J. did not err in concluding as he did that the electoral
officer made no reviewable error in refusing to accept Coleen Kootenay's notice of appeal of
July 9, 2002, on the ground that it was not filed within the time prescribed by the Band's Electoral
Regulations.
[2] We are also agreed that Mr. Glancy's clients, the Appellants Rachel Jones and Celina
Potts, have no standing to challenge the electoral officer's decision of July 17, 2002.
2.
[3] Consequently, this appeal will be dismissed with costs.
"M. Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-514-03
(APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED OCTOBER 2, 2003, DOCKET NO. T-1258-02)
STYLE OF CAUSE: COLLEEN GRACE KOOTENHAYOO et al v. GORDON A. ALGER et al
PLACE OF HEARING: EDMONTON, AB
DATE OF HEARING: SEPTEMBER 20, 2004
REASONS FOR JUDGMENT OF THE COURT: LINDEN, NADON, SEXTON JJ.A.
DELIVERED FROM THE BENCH BY: NADON, J.A.
APPEARANCES:
Mr. Terence Glancy
FOR THE APPELLANTS (RACHEL JONES and CELINA POTTS)
Ms. J. Trina Kondro
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Royal, McCrum, Duckett and Glancy - Edmonton, AB
FOR THE APPELLANTS (RACHEL JONES and CELINA POTTS)
Ackroyd, Piasta, Roth and Day - Edmonton, AB
FOR THE RESPONDENTS