The applicants, recently elected councillors of Carry the Kettle First Nation, sought an interlocutory stay of their removal from office and of an upcoming by-election pending their applications for judicial review.
The remaining council members had removed them in meetings the applicants argued lacked both quorum and the required two-thirds majority under the Nation's Custom Election Act.
Applying the RJR-MacDonald test, the Federal Court found a strong prima facie case that the removal was procedurally invalid due to lack of quorum and qualified majority.
The respondents conceded irreparable harm, and the balance of convenience favoured the applicants given the public interest in democratic continuity and the rule of law within the First Nation.
The motion for a stay was granted.
