Case # 35518
Chief Sheldon Taypotat, et al. v. Louis Taypotat(October 9, 2014)
The appellants were the Chief and Band Council of the Kahkewistahaw First Nation. The respondent was the former Chief of the First Nation. The respondent was 74 years old and had been elected Chief for 27 years. He lost the 2009 election for Chief to his nephew by four votes. Until that point, the First Nation elections were conducted pursuant to the Indian Act. The First Nation moved toward a community election code. The New Election Act was developed which would govern the election of the Chief and Council of the First Nation. The Election Act included specific educational provisions indicating that a candidate must have attained grade 12 or its equivalent. The 2011 election was conducted pursuant to the Election Act. The respondent had attended a residential school and was evaluated at a grade 10 level. The Election Officer would not certify the respondent
as a candidate for the office because he failed to meet the educational requirements. The only candidate for Chief that was certified was his nephew, the appellant Sheldon Taypotat, who was declared elected by acclamation. The application for judicial review was dismissed. The Court of Appeal allowed the appeal and ordered a new election for the position of the Chief of the First Nation. An election was held and the respondent
was elected to the position of Chief.