Pastion v. Dene Tha' First Nation 2018 FC 648

This case involved an application for judicial review of a decision by the Dene Tha' First Nation's Election Appeal Board (EAB), upholding the election of chief. The plaintiff, who lost the election, alleged that one of the candidates had not been qualified to run for chief because he was not ordinarily resident on one of the Nation's reserves, and that the votes received by that candidate were more than the difference between his own votes and those obtained by the victor. The EAB decided that the ineligibility challenge should have been made earlier and that, in any case, the outcome of the election would not have been different if that candidate had not been permitted to run. Significantly, on judicial review by the Federal Court, Justice Grammond stated that "Indigenous legal traditions are among Canada's legal traditions. They form part of the law of the land." Moreover, he noted that courts should pay deference to Indigenous decision-makers when reviewing their decisions. As he found the decision of the EAB to be reasonable, he dismissed the application for judicial review.