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Motion to review quashed judicial review dismissed; Métis Nation of Ontario remains a private entity.
The applicant sought to review a decision quashing his application for judicial review of the Métis Nation of Ontario's (MNO) refusal to grant him membership.
The motion judge had found that MNO was a private voluntary organization, not a public body subject to judicial review.
The applicant also moved to introduce fresh evidence of a 2019 agreement between MNO and Canada.
The Divisional Court dismissed both motions, finding the fresh evidence would not have affected the result and agreeing that MNO remains a private entity subject to private law until formally recognized as a government.
Motion to quash granted; Métis Nation of Ontario membership decisions are not subject to judicial review.
The applicant sought judicial review of a decision denying his application for citizenship in the Métis Nation of Ontario (MNO).
The MNO brought a motion to quash the application on the basis that the court lacked jurisdiction.
The Divisional Court granted the motion, finding that the MNO is a private, voluntary organization and its membership decisions do not fall within the public law sphere.
Consequently, the decisions are not subject to judicial review under the Judicial Review Procedure Act.
