Judicial review granted; election appeal process breached procedural fairness due to conflict of interest.
The applicant sought judicial review of a decision of the Stoney Tribal Council dismissing her appeal of a First Nation election.
She alleged breaches of procedural fairness because the newly elected council sat on the tribunal hearing the appeal of their own election, and she was denied an oral hearing and cross-examination.
The Federal Court allowed the application, finding that the participation of the newly elected members violated the rule against bias and that the failure to hold an oral hearing violated established custom and procedural fairness.
