Cardinal Decision (2018)
Date: 20180809 Docket: T-762-15 Citation: 2018 FC 822 Vancouver, British Columbia, August 9, 2018 PRESENT: The Honourable Madam Justice Roussel BETWEEN: CLIFFORD RAY CARDINAL Applicant And BIGSTONE CREE NATION, BIGSTONE CREE NATION COUNCIL, CHIEF GORDON T. AUGER, COUNCILLOR CLARA MOBERLY, COUNCILLOR BERT ALOOK, COUNCILLOR EDWARD BIGSTONE, COUNCILLOR JOSIE AUGER, COUNCILLOR STELLA NOSKIYE, COUNCILLOR ART BIGSTONE, COUNCILLOR FREDA ALOOK, COUNCILLOR IVAN ALOOK Respondents JUDGMENT AND REASONS I. Overview [1] The Applicant seeks judicial review of a decision made on March 24, 2015 by the Chief and Council of the Bigstone Cree Nation [BCN], removing him from his position as BCN Page: 2 Councillor for failing to comply with the residency requirements set out in the BCN Election Code. Under its terms, the Chief and Councillors are required to assume residency on the reserve for which they were elected within three (3) months of their election and to remain “permanently resident” there throughout their term of office. [2] The Applicant contends that the process by which he was removed from office was procedurally unfair and contravened the principles of natural justice. He also alleges that the residency requirement provisions in the BCN Election Code infringe his equality rights under subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. [3] The Respondents argue that the Applicant was afforded procedural fairness as he was given ample notice and opportunity to comply with the residency requirements prescribed by the BCN Election Code.
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