The applicant brought a motion to dismiss an appeal of a zoning by-law amendment that would permit a trailer park expansion.
The appellant, Kawartha Nishnawbe First Nations, filed a Notice of Constitutional Question arguing that the definition of a 'public body' in the Planning Act discriminates against unrecognized First Nations.
The Tribunal dismissed the constitutional question, finding it lacked jurisdiction to grant the requested relief under s. 15 of the Charter.
The Tribunal then granted the motion to dismiss the appeal, concluding that the appellant did not meet the statutory criteria of an appellant under s. 34(19) of the Planning Act because it is not a recognized band under the Indian Act.
