Orr v Peerless Trout First Nation, 2015 ABQB 5
This case dealt with a challenge to the section of PTFN’s Customary Election Regulations that prevents any member from running for the office of Chief or Council member if the member has a civil suit against the PTFN. A PTFN member sought to have that section declared invalid on the grounds that it is contrary to the Charter of Rights and Freedoms and ultra vires. The lawsuit was dismissed. The Alberta Court of Queen’s Bench held that the section of the Customary Election Regulations being challenged did not violate any Charter protections, including those under 2(b) (Freedom of Expression), 2(d) (Freedom of Association), 3 (Democratic Rights of Citizens), and 15(1) (Equality). The court also determined that the section being challenged did not offend sections 35 or 36 of the Constitution Act, 1982.