Hunt v. Kwakiutl First Nation, 2024 FC 367

Case Summary

The applicant sought judicial review to declare that the Kwakiutl First Nation's leadership should be appointed based on hereditary custom rather than elected pursuant to a custom election code. The Federal Court found that the evidence demonstrated the band has consistently followed a custom election code since 1981, reflecting a broad consensus of the band members. The applicant failed to establish that the band custom was to appoint leaders. The application was dismissed with costs.