Judicial review granted; band ordered to comply with financial administration law pending valid repeal.
The applicant, a band member, sought judicial review of the band council's decision to repeal a financial administration law and refuse compliance with it.
The Federal Court held that the band was not a borrowing member, the 2012 law was never fully repealed, and the 2014 repeal required board approval.
Mandamus was granted compelling compliance.
Judicial review granted; election appeal process breached procedural fairness due to conflict of interest.
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.
