Mélanie Power

The applicant sought judicial review to declare that the Kwakiutl First Nation's leadership should be appointed based on hereditary custom rather than elected pursuant to a custom election code.

The Federal Court found that the evidence demonstrated the band has consistently followed a custom election code since 1981, reflecting a broad consensus of the band members.

The applicant failed to establish that the band custom was to appoint leaders.

The application was dismissed with costs.

The applicant, a band councillor, sought judicial review of a decision removing him from office and barring him from running in an upcoming election.

The court found the removal decision was ultra vires because the band council lacked jurisdiction under its policy, as the Custom Election Rules provided the sole process for removal.

The application for judicial review of the election itself was dismissed because the applicant failed to pursue an adequate alternative remedy under the election rules.

The CRTC moved to strike portions of ANIM's application alleging OLA and Charter breaches regarding the CRTC's funding allocation decisions for Canadian Content Development.

The Federal Court granted the motion in part.

The Court struck the claim for damages, finding it plain and obvious that the CRTC's adjudicative immunity precluded damages.

The Court also struck the request for a mandatory order based on the Charter, finding that only the Federal Court of Appeal had jurisdiction over extraordinary remedies against the CRTC for Charter breaches.

However, the Court refused to strike the same request for a mandatory order based on the OLA, concluding it was not plain and obvious that the Federal Court lacked jurisdiction under s. 77(4) of the OLA despite the Federal Courts Act.