Federal Court

Aboriginal Peoples

Public interest considerations favoured status quo pending hearing

At meeting committee purportedly removed applicants from office of chief and council. Applicants brought motion for interim injunction staying effect of meeting of committee and prohibiting holding of elections for chief and councillors pending final determination of application for judicial review. Application was allowed on terms set out. There was serious issue to be tried. Applicants would suffer irreparable harm if relief sought were not granted. Removal of applicants from office jeopardized exercise of responsibility for governance. Balance of convenience favoured applicants. Applicants were elected for two-year term. Applicants continuing in office pending judicial review maintained status quo. Public interest considerations favoured status quo pending hearing. Respondents’ request for adjournment was refused. Applicants’ request for expedited hearing of notice of motion was twice refused to provide respondents with full notice period and opportunity to respond. Respondents were fully acquainted with facts. Respondents’ request for adjournment was previously heard and refused by case management judge. Respondents were on notice to be ready to proceed.

Napaokesik v. Shamattawa First Nation Membership Committee

(Feb. 3, 2012, F.C., Mandamin J., File No. T-73-12) 211 A.C.W.S. (3d) 744 (15 pp.).

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