The applicant, a reserve retailer, sought judicial review of a First Nation Council's decision to allocate tax-exempt cigarettes to another business, arguing the business was not located on the reserve.
The Divisional Court dismissed the application, finding the applicant lacked both private and public interest standing.
The applicant failed to show a causal relationship between the alleged prejudice and the challenged action, and the issue raised was not a serious justiciable issue affecting the public interest.