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Judicial review of First Nation election appeal dismissal dismissed; no bias or procedural unfairness found.
The applicant sought judicial review of a decision by a single-member panel of the Nekaneet Appeal Body dismissing his appeal of the First Nation's election results without a hearing.
The applicant alleged that the electoral officer failed to properly lock and seal ballot boxes and that the appeal body member was biased due to a leasing relationship with a band entity.
The Federal Court found no reasonable apprehension of bias, as the leasing relationship did not reach the threshold of materiality.
The Court also held that the appeal body member properly exercised his jurisdiction under the Nekaneet Governance Act in determining that the allegations of missing locks and seals were speculative and did not establish a legal basis to overturn the election or warrant a hearing.
The application for judicial review was dismissed with costs.
