The applicant sought judicial review of a COVID-19 pandemic response bylaw enacted by the Fort William First Nation Chief and Council, arguing it was ultra vires.
The impugned bylaw was repealed before the application was filed.
Applying the Borowski test, the Federal Court dismissed the application for mootness and declined to exercise its discretion to hear it, noting that proceeding would lack practical utility and intrude into the legislative sphere of the band council.
