(Submitted photo)

By Nigel Maxwell

Court decisions

Federal court rules in favor of elected PBCN Urban Councillor

Dec 16, 2020 | 2:00 PM

Clarisse Lecoq is the rightful urban councillor for Peter Ballantyne Cree Nation (PBCN) according to a decision this week from the Federal Court of Appeal.

Lecoq was elected last August and received 400 votes, just over 100 more than runner-up Warren McCallum.

McCallum’s subsequent appeal to the band’s election tribunal was granted but Lecoq’s lawyer filed an injunction, which was granted by the Federal Court of Appeal. The application essentially stated the [Election] Tribunal was not properly constituted and did not have the factual basis to set aside the election results.

According to his written decision Monday, Justice P. Favel agreed and quashed the Appeal Tribunal’s Decision.

“Ms. Lecoq will remain an urban councillor in accordance with the Code until the calling of the next general election,” Favel said.

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Lecoq has also been awarded costs in the sum of $3,000 to be borne equally by PBCN and Warren McCallum. Favel said the costs are to be paid within ninety (90) days of the issuance of this judgment and reasons.

The byelection last August represented the third time campaigning for all three candidates in 14 months.

The initial results had been appealed by Clarice Lecoq and the week of the scheduled byelection in July, the candidates were informed there was an injunction in place and Warren McCallum was appealing the Election Tribunal’s ruling to the Federal court. A federal court judge would later reject the appeal and side with the decision made by the election tribunal.

The next general election date has been scheduled for April, 2021.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell