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Judicial review to remove First Nation councillors dismissed due to mootness and invalid meeting procedures.
Applicants sought judicial review to remove the respondents from the Shxwhá:y Village First Nation council based on resolutions passed at a membership meeting.
The Federal Court dismissed the application.
The court held that the matter was moot concerning four councillors facing an impending election.
Regarding the fifth councillor, the court found the membership meeting was improperly convened without authority for proxy voting and failed to reflect a broad community consensus.
Furthermore, the court found the applicants were funded by a private entity seeking retaliation, disentitling them to any discretionary remedy.
