Date: 1998012
Docket: T-1078-97
BETWEEN:
BERNARD ROBERT CHARLES,
MABEL CHARLES and MARY CHARLES,
on their own behalf and on behalf of the other residents
of the Semiahmoo Reserve,
Applicants
AND:
WILLARD COOK and LEAH CHARLES,
CHIEF AND COUNCILLOR OF THE
SEMIAHMOO BAND COUNCIL and THE
SEMIAHMOO BAND COUNCIL,
Respondents
REASONS FOR ORDER
ROULEAU, J.
[1] This is an application for a writ of quo warranto removing the respondent Chief and Councillor and directing that new elections be held for those positions.
[2] On December 13, 1996, the Semiahmoo Band held elections for Chief and Councillors. The Band has a small population, and as a consequence, a small number of eligible voters. Approximately twenty-three Band members were eligible to vote in the elections and the position of Chief was determined by one vote.
[3] In accordance with the appeal procedures contained in section 12 of the Indian Band Election Regulations, eleven members of the Semiahmoo Band, including each of the applicants, filed an appeal alleging that that the election was unfair and had been conducted unlawfully. An investigation ensued and on June 25, 1997, the results of that inquiry were forwarded to headquarters of the Department of Indian Affairs and Northern Development. On July 25, 1997, the Minister dismissed the applicants' appeal and decided that the results of the election would stand.
[4] The applicants are now asking this Court for an order overturning the election results and directing that new elections be held.
[5] After having carefully considered the written and oral submissions of the parties, I am dismissing the application. First, these proceedings are premature. The proper procedure for the applicants to follow here is to either appeal the Minister's decision or apply for a reconsideration directly to the Minister or to the Governor in Council. In the alternative, should the applicants wish to continue to pursue their remedies by way of legal proceedings, the proper course for them to follow is to institute an action appealing the decision of the Minister and seeking a declaration that the Minister has not properly exercised her discretion in making the a decision. The Minister must be included as a party, given that it is her decision which the applicants are in fact seeking to have set aside.
[6] In any event, the applicants have failed to satisfy me that there exists a sufficient evidentiary basis to support their allegations that the election was unfair and conducted unlawfully and that its results should therefore, be overturned. Although the applicants and their supporters are not happy with the results of the election, there is simply nothing to indicate that it was in any way tainted by improper procedure, illegality or fraud.
[7] For these reasons, the application is dismissed. Given the special circumstances, I am awarding costs to the respondents in the amount of $2,500.00 for preparation and attendance plus disbursements.
JUDGE
OTTAWA, Ontario
January 22, 1998