2 total
Judicial review dismissed as the applicants failed to produce the contested decision under Rule 317.
The applicants challenged the election of three councillors and the band council's refusal to call a by-election.
At the hearing, the applicants abandoned their challenge to the elections, leaving only the refusal to call a by-election.
The Federal Court dismissed the application for judicial review because the applicants failed to request the production of the decision and its record under Rule 317 of the Federal Courts Rules.
Without the decision or its reasons, the applicants could not meet their burden to prove the decision was unreasonable.
Judicial review dismissed; reserve land allotment was a customary right of use, not possession.
The applicant, a member of the Pessamit Innu First Nation, sought a certificate of possession under section 20 of the Indian Act for a parcel of reserve land allotted to her by the band council in 2007.
Both the council and the Department of Indigenous Services refused the request.
The applicant brought an application for judicial review in the nature of mandamus.
The Federal Court dismissed the application, finding that the council had only intended to grant the applicant a right of use in accordance with its custom, not possession under the Indian Act, and thus the refusal to issue a certificate was correct.
