Supreme Court

Decision Information

Pokiak v Steen

Court Supreme Court
Date 1987-07-31
Other citations [1987] NWTR 272
File numbers 8303
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
Daniel St. Jean v. H.M.T.Q. and the Commissioner of the Yukon Territory (unreported, September 26, 1986) (Y.T. S.C.)
Bailey v. Williamson (1873) L.R. 8 Q.B. 118

Statutes considered:
Municipal (Amendment) Act, 1982, S. 2;
Bill of Rights;
Canadian Charter of Rights and Freedoms, S. 15;
Northwest Territories Act, S. 16;
Interpretation Act, S. 4, 5, 28.
Decision information:

Abstract: Interlocutory Motion challenging the validity of the Municipal (Amendment) Act of 1982 - Applicant contends that Act is invalid as certain procedural points not followed in enacting the legislation - Applicant further contends that the Act violates section 15 of the Charter by setting qualifications for holding the office of mayor.
Decision: Motion denied in part - Procedural deficiencies in enacting the legislation are not fatal as no time frame is given for when each step must be complete - It is open therefore for an Act to come into force but actually go before the House at a later date - Violation of section 15 of the Charter found in that some people are entitled to run for office and others are not - Matter adjourned to hear submissions on whether the violation is justified.
Subjects: Elections - Candidates - Eligibility
Civil liberties and human rights - Equality rights - Equality before the law
Keywords: Election - discrimination - office

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