The applicant, a member of the Aamjiwnaang First Nation, sought judicial review of the Band Council's decisions to refuse her an allocation of tax-exempt unmarked cigarettes for her smoke shop.
The Council based its refusal on criminal convictions related to an unlicensed cannabis dispensary operating on the same property.
The Divisional Court dismissed the applications, finding that the Council reasonably interpreted its authority under the Tobacco Tax Act regulations to revoke quotas from retailers involved in the illegal sale of drugs.
Although the Council breached its minimal duty of procedural fairness by not giving the applicant an opportunity to respond to the information, the Court declined to quash the decisions because the outcome would not have been different.
