(Nigel Maxwell/paNOW Staff)

By Nigel Maxwell

Court Challenge

“The matter is now clearly moot”: judges dismiss claim against Lac La Ronge Indian Band

Oct 21, 2019 | 12:03 PM

A court challenge related to the March, 2017 Lac La Ronge Indian Band election has once again come out in favour of the band.

Three judges representing the Federal Court of Appeal, have upheld a ruling by a federal court judge, who stated in June, 2017, he could find no evidence that anyone had been disqualified from running in the election as a result of recent changes in the band’s election act.

One month prior to the election, band and council made a number of changes to the election act, including disqualifying any candidate who owed the band money. In an article published last week by paNOW, one of the appellants said he felt he and the other disqualified candidates were treated unfairly.

In their review of the case, the appeals court judges were asked to decide if the case was in fact “moot,” and if there was still a live controversy given the band passed a new election act on July 5, 2019.

At the appeal hearing last month, the counsel for the applicants had conceded provisions for eligibility were now addressed in the new act.

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“In my view this matter is now clearly moot,” Judge D.G. Near stated in his written decision last week.

Further in his written decision, Judge Near stated counsel for the appellants had conceded in court that the only remedy being sought was costs. Because the matter has now been found to be “moot”, and there was no longer a need to consider the validity of the 2017 regulations, Near said the case was dismissed.

“Given the circumstances of this case, I would have the parties bear their own costs,” he said.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell