Leane Phillips

The Applicants sought judicial review of multiple orders made by minority members of the Cega-Kin Nakoda Oyate Tribunal.

The dispute arose over the retention of legal counsel, leading to a split where majority members refused to attend meetings.

The minority members proceeded to make orders and attempted to replace the majority members.

The Federal Court found that the minority members lacked jurisdiction to make decisions without a majority of the Tribunal present as required by the Election Act.

The applications for judicial review were granted and the orders were quashed.

The plaintiffs, descendants of the historic Chacachas and Kakisiwew Indian Bands, sought declarations that their respective bands were unlawfully amalgamated into the Ochapowace Indian Band by the Crown in 1884.

The Federal Court held that the amalgamation was unlawful, as the Crown failed to obtain the consent of the bands in breach of its fiduciary duties and treaty obligations.

The Court granted declaratory relief regarding the unlawful amalgamation, but found that claims for treaty land and compensation were barred by estoppel and limitation periods.

The Court allowed the appeal and restored the Federal Court decision dismissing the constitutional challenge to a First Nation election rule requiring Grade 12 education for candidates.

The claimant failed to show that the requirement had a disproportionate discriminatory impact on an enumerated or analogous ground, including age or residence on reserve, because the evidentiary record was insufficient.