Coutlee v. Lower Nicola First Nation, 2024 FC 47

Case Summary

The applicant, a band councillor, sought judicial review of a decision removing him from office and barring him from running in an upcoming election. The court found the removal decision was ultra vires because the band council lacked jurisdiction under its policy, as the Custom Election Rules provided the sole process for removal. The application for judicial review of the election itself was dismissed because the applicant failed to pursue an adequate alternative remedy under the election rules.