BRENDA JOLY Appellant (Respondent by cross-appeal) v. GORDON GADWA, 2017 FCA 203

Date: 20171004 Docket: A-192-16 Citation: 2017 FCA 203 CORAM: WEBB J.A. BOIVIN J.A. RENNIE J.A. BETWEEN: BRENDA JOLY Appellant (Respondent by cross-appeal) and GORDON GADWA Respondent (Appellant by cross-appeal) Heard at Edmonton, Alberta, on October 4, 2017. Judgment delivered at Edmonton, Alberta, on October 4, 2017. REASONS FOR JUDGMENT BY: RENNIE J.A. CONCURRED IN BY: WEBB J.A. BOIVIN J.A. Date: 20171004 Docket: A-192-16 Citation: 2017 FCA 203 CORAM: WEBB J.A. BOIVIN J.A. RENNIE J.A.

BETWEEN: BRENDA JOLY Appellant (Respondent by cross-appeal) and GORDON GADWA Respondent (Appellant by cross-appeal) REASONS FOR JUDGMENT RENNIE J.A. [ 1 ] This is an appeal and cross appeal from the decision of the Federal Court ( per Justice Strickland), cited as 2016 FC 597 . In that decision the Court upheld the decision of an Elections Officer appointed under the Kehewin Cree Nation’s custom Elections Act that the respondent, Gordon Gadwa engaged in a corrupt election practice which vitiated his election as Chief.

However, the Federal Court set aside the Elections Officer’s decision to declare the second place candidate, Brenda Joly as Chief. The Court also set aside the decision of the Elections Officer to remove Mr. Gadwa as councillor.

[ 2 ] The appellant appeals the judge’s decision to order a new election for Chief of the Kehewin Cree Nation and to reinstate Mr. Gadwa as a Councillor. The respondent, Mr. Gadwa cross-appealed the judge’s decision that the Elections Officer’s finding that he engaged in a corrupt election practice was reasonable. The cross-appeal was abandoned at the outset of the hearing of the appeal. The cross-appeal should be dismissed. [ 3 ] I would dismiss the appeal for the reasons given by the Federal Court judge.

No error has been identified either in the judge’s assessment of the standard of review of the Elections Officer’s decision, nor in the application of that standard to the evidence before her. [ 4 ] In the circumstances, I would not award costs. "Donald J. Rennie" J.A. “I agree Wyman W. Webb J.A.” “I agree Richard Boivin J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD APPEAL FROM A JUDGMENT OF THE FEDERAL COURT DATED MAY 31, 2016, DOCKET NO. T-1875-15 ( 2016 FC 597 ) DOCKET: A-192-16 STYLE OF CAUSE: BRENDA JOLY v.

GORDON GADWA PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: OCTOBER 4, 2017 REASONS FOR judgment BY: RENNIE J.A. concurred in by: WEBB J.A. boivin j.a. DATED: october 4, 2017 APPEARANCES : Priscilla Kennedy For The Appellant Angus Y.M. Cheung FOR THE RESPONDENT SOLICITORS OF RECORD : DLA Piper (Canada) LLP Edmonton, Alberta For The APPELLANT Wood Law Office Edmonton, Alberta FOR THE RESPONDENT