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Judicial review of First Nation election appeal tribunal dismissed; electronic voting reasonably interpreted as authorized distance balloting.
The applicant sought judicial review of a decision of the Muskeg Lake Cree Nation Appeal Tribunal dismissing his appeal of the March 2021 election.
He argued that the use of electronic voting was contrary to the First Nation's Election Act and required an amendment by referendum.
The Federal Court held that the Appeal Tribunal's interpretation of the Election Act, which treated electronic voting as a form of authorized "distance balloting", was reasonable.
The application for judicial review was dismissed with costs.