BC Supreme Court Judge issues ruling regarding President Morin Dal Col's challenge of Board Motions

(May 14, 2021) This morning, Justice Mayer of the British Columbia Supreme Court gave oral reasons addressing President Morin Dal Col’s challenge to the January 2021 Board motions, which have prevented her from performing the functions of her office for the past four months. President Morin Dal Col is considering these reasons and evaluating her options.

In his detailed oral decision, Justice Mayer concluded that, before a court should consider President Morin Dal Col’s challenge to the January 2021 Board motions, the MNBC Senate should have the opportunity to hear an appeal of those motions. The reasons stressed that the decision was procedural – focusing on the Court’s reluctance to get involved in the matter at this stage.

Accordingly, the decision did not endorse the January Board motions. Rather, it specifically recognized that President Morin Dal Col has a right to bring all aspects of her challenge to the Senate and that a decision of the Senate could then be reviewed by the Supreme Court of British Columbia. Justice Mayer noted his expectation that the Senate consider (if an appeal is brought) whether the Board respected President Morin Dal Col’s right to procedural fairness and whether any of the Senators should recuse themselves because the public could not be confident that they would be able to make an unbiased decision.

The Court made no finding that President Morin Dal Col acted improperly. Further, the reasons recognized that the January 2021 Board motions were passed because of the defendant Board members’ objections, which may or may not have been founded, to President Morin Dal Col’s inaction and actions in relation to the ongoing suspension of the MNO. President Morin Dal Col maintains that her actions concerning the MNO suspension were directly in line with the democratic mandate given to her by MNBC Citizens to defend the integrity of the National Definition of Métis. The Court made no suggestion that President Morin Dal Col has breached the fiduciary duty she owes to the MNBC and its Citizens.

Justice Mayer also recognized that the questions President Morin Dal Col raised before the Court were of great importance to the governance of the Métis Nation. For this reason, contrary to the normal practice that the unsuccessful party should pay costs to the successful party, he found the MNBC and the defendant Board members should be responsible for their own costs.

For further information:

Contact President Clara Morin Dal Col

Email: cmdalcol@gmail.com