The applicant sought to annul the election of a Councillor at Ahtahkakoop Cree Nation under section 31 of the First Nations Elections Act, alleging irregularities in the processing of mail-in ballots and a failure to distribute nomination packages via email.
The Federal Court dismissed the application, finding no evidence that the mail-in ballots were not sent 'as soon as feasible' as required by the Regulations, and that any potential delays would not have met the 'magic number' threshold to affect the election result.
The Court also held that the First Nation was only obligated to provide last known contact information and there was no evidence they possessed electors' email addresses.
