David C. Rolf

The self-represented applicant sought judicial review of a Band Council decision finding her ineligible to run for Chief due to alleged indebtedness.

The Federal Court held it had jurisdiction to review the decision.

The Court found the decision unreasonable because the Band Council failed to consider a 2019 letter from the former Chief which explicitly stated the applicant was deemed not indebted.

The matter was remitted to the Band Council for re-determination.

The applicant sought judicial review of a decision of the Stoney Tribal Council dismissing her appeal of a First Nation election.

She alleged breaches of procedural fairness because the newly elected council sat on the tribunal hearing the appeal of their own election, and she was denied an oral hearing and cross-examination.

The Federal Court allowed the application, finding that the participation of the newly elected members violated the rule against bias and that the failure to hold an oral hearing violated established custom and procedural fairness.

The applicant, the elected Chief of the Smith's Landing First Nation, sought judicial review of two decisions by the Band Council: one reducing his salary and another suspending him for 30 days without pay.

The Federal Court found the application regarding the salary reduction was out of time and declined to extend the deadline.

However, the Court quashed the suspension decision, finding it procedurally unfair because the applicant was not provided adequate notice of the meeting's disciplinary purpose nor the extrinsic evidence considered against him.