tribal election

Montana First Nation v. Rabbit: Alberta’s Tobacco Road

Peter Scott Vicaire

In Montana First Nation v. Rabbit, the Federal Court of Canada recently reinstated the ousted Chief (Carolyn Buffalo) and a Councillor (Leonard Standingontheroad) of Montana First Nation in Alberta.  They were temporarily suspended by the remaining Councillors for having brought onto the reserve a significant amount of contraband cigarettes without the required provincial stamp and storing them in a tribal facility.  After a break-in and theft of some cigarettes, the RCMP were notified.  When the RCMP saw the large amount of cigarettes remaining, they notified the Alberta Gaming and Liquor Commission, which seized them.

Using the three prong test as laid out in RJR-McDonald Inc. v. Canada , [1994] 1 SCR 311 for determining the entitlement of injunctive relief, the court reinstated Buffalo and Standingintheroad.

Federal Court of Canada Sets Aside INAC’s Decision To Let First Nation’s Election Results Stand

Peter Scott Vicaire1 Comment

Nelson Keeper, the losing candidate for Chief in an election held by and for the Little Grand Rapids First Nation appealed to Canada’s Federal Court based on allegations that the winning candidate, Martin Owens, used alcohol and improper influence by the Electoral Officer to win.

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GTB Appellate Court Issues Opinions in Election Dispute

Matthew L.M. Fletcher

The case is captioned Shomin v. Grand Traverse Band Election Board:

Shomin v. GTB Election Board

Shomin v. GTB Election Board — Intervention Motion

Sault Tribe Membership Votes Down Romulus Casino; Chairman McCoy Promises Future Proposals

Matthew L.M. Fletcher1 Comment

Here is the tribe’s press release. An excerpt:

The other referendum sought to repeal Resolution 2010-249, “Pursuit of Settlement of a Land Claim with respect to property in the Romulus, Michigan Metropolitan Area.”

The resolution was approved November 9 by the Sault Tribe board of directors.

The voters decided, by a vote of 1,864 to 2,986, to not approve Resolution 2010-249, thereby overturning the board’s action.

And:

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Federal Court Claim re: Hopi Secretarial Election Stayed under Tribal Court Exhaustion Doctrine

Matthew L.M. Fletcher

Here are the materials in Sekayumptewa v. Salazar (D. Ariz.):

Sekayumptewa Motion for Prelimary Injunction

Hopi Motion to Dismiss

DCT Order Dismissing Hopi Defendants & Denying PI Motion

LVD Appellate Court Decision in Election Dispute

Matthew L.M. Fletcher

Here is the opinion in Pete v. Lac Vieux Desert Band of Lake Superior Chippewa Indians Tribal Council (Matha, J.):

Pete v. LVD Tribal Council

Three Muscogee Supreme Court Justices Issue Opinion that Declares Opinion by Other Three Justices to be Void Ab Initio

Matthew L.M. Fletcher1 Comment

Recall that in Muscogee (Creek) Nation Council v. Muscogee (Creek) Nation Election Board that three Justices purported to dismiss a claim relating to tribal constitutional amendments posted here on Saturday. Now the three other sitting Justices have declared that opinion void ab initio (opinion here: Response to Opinion and Order).

 

Muscogee Nation Council Challenge to Tribal Constitutional Amendment Thrown Out (without briefing)

Matthew L.M. Fletcher1 Comment

A year ago, the Muscogee (Creek) Nation Council, along with a tribal member co-plaintiff, sued the Muscogee Election Board to challenge the adoption of several amendments to the tribal constitution, suing in the Muscogee (Creek) Nation Supreme Court’s original jurisdiction. That Court held, over a dissent, that it was improper to bring suit under the Supreme Court’s original jurisdiction, and remanded the case to the district court. The district court judge recused, leaving a vacancy that was never filled by the Muscogee executive branch. The case languished, and now the Muscogee (Creek) Nation Supreme Court (3-2, with one Justice not participating) has dismissed the claims for lack of standing of the plaintiffs, apparently without notice to the parties or the benefit of briefing of either party on the questions of whether it could reassert jurisdiction or on the standing of the parties.

Here are the materials:

Muscogee Council & Robert Trepp Complaint // CV 09-211 Summons & Complaint signed

Supreme Court Order Remanding to DCT

District Court Judge Recusement

Supreme Court Order Dismissing Suit // Supreme Court Order Dismissing Suit complete opinion

Briefs in Cherokee Nation Redistricting Case

Matthew L.M. Fletcher

The opinion in Cowan-Watts v. Smith is here.

Here are the available briefs:

Cowan-Watts Opening Brief

Principal Chief Reply

Council Reply

Cherokee Nation Supreme Court Strikes Down Redistricting Plan

Matthew L.M. Fletcher1 Comment

Here is the opinion in Cowan-Watts v. Smith: Cherokee Nation election case.

An excerpt:

The Court FINDS that the portion of the Legislative Act 22-10 purporting to create a district with a 22.8% deviation in representation is hereby determined to be unconstitutional. This Court further finds that the redistricting plan offered by Cowan-Watts is a constitutional alternative, but we do not adopt such measure because to do so would violate the Separation of Powers Doctrine. The final decision on redistricting is for the Cherokee Nation Tribal Council and they should act immediately to readdress the issue of redistricting by legislation.