The appellant, Batchewana Indian Band, applied for a stay of a Federal Court of Appeal judgment that declared the Band constitutionally exempt from the Indian Act provision excluding off-reserve members from voting in Band Council elections.
The Supreme Court of Canada applied the RJR-MacDonald test and found that a serious question was being tried, irreparable harm could result from pre-empting the Court's decision, and the balance of inconvenience favoured maintaining the status quo.
The motion for a stay was granted pending the final judgment of the appeal.
