In Lac La Biche v. Bochkarev, 2009 ABQB 400, Marceau J. held that the second option requires the court to determine whether disqualification is an appropriate consequence for the particular violation of the pecuniary interest rules found to have occurred. Marceau J. said (para. 28): It [the second option] can be seen as providing the judge with the ability to enable the person to remain a member of council notwithstanding the fact that they have technically breached one of the conflict of interest rules enumerated in s. 174. This allows relief from hardship where the breach is slight, or where it would be just to do so in the circumstances.
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