Here’s the decision. East Prairie Métis Settlement v. Aiken. And here’s an excerpt…
Determination of the authority of the Court of Queen’s Bench to make a determination as to the eligibility of a settlement member to be nominated as a candidate for counsellor prior to the election. By way of originating notice, the settlement council had applied to the court to determine the eligibility of each of the named respondents to be a candidate in the election. The respondents argued that the settlement council had no right to bring a preemptive strike to declare candidates ineligible. The respondents argued that the courts should not interfere with the democratic process for choosing an elected body such as a settlement council and that the question of ineligibility should be dealt with after the election.
HELD: The Court of Queen’s Bench had the authority to make a determination as to the eligibility of a settlement member to be nominated as a candidate for councillor prior to the election. This authority should be exercised in order to ensure that the provisions in the Metis Settlement Act and the Local Authorities Election Act regarding eligibility and qualification were respected and not rendered meaningless. Section 17 of the Metis Settlement Act should be interpreted to mean so that the question of eligibility or qualification was not only applicable to members who were elected and served as councillors, but also to the determination of the validity of the nomination of a candidate for a councillor position prior to the election. The reference in s. 17(2) of the Metis Settlement Act to an order of the court declaring the candidate to be ineligible meant that a court application could be made and determined prior to the election. It was clear that with the amendments to s. 17(2) of the Metis Settlement Act, allowing for court orders regarding eligibility prior to the election, the legislature was attempting to minimize the disputes surrounding settlement elections. Section 17(2) clearly stated that there was the possibility of a court order declaring a candidate to be ineligible, and that before the date of the election.
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