Peter Millerd

The Siksika Nation and Canada reached a $1.3 billion settlement agreement regarding six representative proceedings concerning historic wrongs involving reserve lands and Treaty rights.

The Siksika Nation moved for an order approving the settlement and discontinuing the actions under Rule 114(4) of the Federal Courts Rules.

Individual members, including the administrator of an estate and another individual, opposed the discontinuance, arguing the claims were class proceedings and that they had standing.

The Federal Court held that the actions remained representative proceedings governed by Rule 114, the individuals did not have standing as class members, and the settlement agreement was reasonable and properly ratified by the Siksika membership.

The motion was granted, though the estate's individual claim was permitted to continue.

The applicant sought judicial review of a decision by the Union Bar First Nation to remove him from its band list.

The applicant had been treated as a member since birth and had received band benefits until 2019.

The Federal Court found that the band made a reviewable decision and that the decision breached procedural fairness as it was made without notice, disclosure, or an opportunity to be heard.

The decision was also deemed unreasonable because there was no factual or legal basis to revoke membership.

The Court quashed the decision, reinstated the applicant's membership without interruption, and awarded lump sum costs to the applicant.