Judicial review dismissed; applicant failed to establish KFN custom is hereditary appointment rather than election.
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.
Judicial review of band councillor's removal allowed for lack of jurisdiction; election challenge dismissed.
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.
