Executive Summary: Key Legal and Evidentiary Issues

• Dispute over the removal of an elected Chief under Saddle Lake Cree Nation’s custom election regulations.

• Jurisdiction of the Federal Court to review a First Nation council decision under the Indian Act and Indigenous law.

• Application of the tripartite test for interlocutory injunctions to restore the Chief pending judicial review.

• Assessment of quorum, procedural fairness, and validity of council meetings.

• Determination of proper respondent party and removal of individual councillors from the style of cause.

• Award of elevated costs in light of the Applicant’s success and governance context.

Facts and outcome of the case

Background of the dispute
Chief Dale Steinhauer was elected to the Saddle Lake Cree Nation (SLCN) council in June 2025 and, under the Nation’s custom election regulations, was chosen as Chief from among the councillors. Shortly after taking office, she organized an orientation meeting and scheduled a members’ meeting for July 2, 2025. At that meeting, members expressed dissatisfaction with her conduct and “unilateral” actions, passing a motion to remove her from office, reinstate the previous Chief and Council, and call a new election for September 2025. The following day, a motion by council members certified and approved the removal.

The custom election regulations of SLCN date back to the 1950s–1960s and operate outside sections 73–78 of the Indian Act. They allow removal of a Chief by petition signed by 60% of resident members. However, the July 2025 removal was carried out through a members’ motion and subsequent council approval, not by the prescribed petition method.

Proceedings before the Federal Court
Chief Steinhauer brought an urgent motion to the Federal Court for an interlocutory injunction staying the removal decision and reinstating her as Chief pending the judicial review of the removal’s legality. She argued that her removal violated the election regulations and principles of procedural fairness, and sought ancillary terms to ensure functional governance during the interim period. The Respondent conceded to an interim stay but opposed some of the ancillary relief requested.

Legal analysis
The Court considered whether the Applicant met the tripartite test for injunctive relief: (1) a serious issue to be tried, (2) irreparable harm, and (3) balance of convenience. Justice Blackhawk found that the central issue—the authority to remove the Applicant from her elected position—was serious, that irreparable harm to her reputation and ability to fulfill her role was demonstrated, and that the balance of convenience favoured reinstatement to maintain governance stability. The Court also addressed quorum requirements, stressing that legitimate council meetings require notice to all councillors, an opportunity for all to participate, and adherence to democratic principles beyond merely meeting numerical quorum.

On the question of proper parties, the Court ruled that the appropriate respondent was the Saddle Lake Cree Nation as a whole, not individual councillors, and amended the style of cause accordingly.

Outcome
The Federal Court granted the interim injunction, stayed the July 2 and July 3, 2025 removal decisions, and reinstated Chief Steinhauer to her position. It issued detailed ancillary governance directions to ensure effective council functioning, including rules on meeting scheduling, co-chairing by the Chief and a councillor, agenda circulation, consensus decision-making, and transparency. The Court ordered that there be no general election in September 2025 until the judicial review was resolved.

Costs
The Court awarded the Applicant her costs at the top range of Tariff B, Column III of the Federal Courts Rules, payable forthwith. No damages were awarded, as this was a motion for interim relief rather than a damages action.