Hiawatha First Nation applied for a permanent injunction to restrain three of its members from constructing a gas station on the reserve.
The band argued the construction violated the Indian Act, a band by-law requiring building permits, a band resolution imposing a moratorium on new businesses, and environmental legislation.
The court found that the building permit by-law and environmental legislation did not apply, and that the proposed business structure did not violate the Indian Act.
However, the court held that the band resolution imposing a moratorium was an enforceable by-law.
The court granted an injunction restraining construction while the moratorium remains in effect and until the proponents comply with all applicable laws.
