Judicial review allowed; election appeal tribunal improperly constituted under custom election law.
The applicant sought judicial review of a decision by the Beaver Lake Cree Nation Appeal Tribunal denying his appeal of an election.
The Federal Court found that the Election Law Committee, which appointed the Tribunal, was not functioning properly because the Membership Clerk acted alone to appoint the Tribunal, contrary to the requirements of the custom Election Law.
Consequently, the Tribunal was improperly constituted and lacked jurisdiction.
The application for judicial review was allowed and the matter was remitted for the appointment of a new Committee and Tribunal.
