COMMUNITIES AND GOVERNANCE - Membership in community - Elections - Nomination - Validity

Law360 Canada ( March 21, 2023, 6:22 AM EDT) -- Application by the Applicant, Kathy Masuskapoe, for judicial review challenging the Election results for a Councillor position at Ahtahkakoop Cree Nation (ACN). The Applicant claimed issues with the mail-in ballots impacted the Election results. The Applicant was an unsuccessful candidate for Chief in the Election, but the issue she raised in this Application was the election of a Councillor. The Election results for the Chief were not contested. The Respondents were ACN, the elected ACN Chief and Councillors and the Chief Electoral Officer, Ratte. ACN was located in north-central Saskatchewan and had over 2,600 eligible voters. ACN elections allowed off-reserve voters to vote by mail-in ballot. In oral submissions, legal counsel for the Applicant confirmed the mail-in ballot procedures were the focus of this Application. Specifically, on this issue, the Applicant alleged a number of ACN electors who requested mail-in ballots either did not receive them or did not receive them in a timely enough manner to allow them to cast their vote in the Election. Counsel for the Applicant also confirmed that the argument relating to ACN’s failure to provide elector’s email addresses was no longer being pursued....
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