Da'naxda'xw First Nation v. Peters

Da'naxda'xw First Nation v. Peters

Neither party proved the requisite broad consensus that would confer lawful governing authority: the HCC as constituted under the Lafrenie8re Order lacked broad consensus and therefore lacked lawful authority to govern; the Glendale Band Council no longer enjoyed broad consensus after the Governance Review. The HCC members who suspended Chief Glendale lacked authority to do so and the suspension breached procedural fairness; the suspension is quashed. The appropriate remedy is to remove the disputed office-holders by declaration/quo warranto and to require an all-members meeting to confirm transitional governance and to appoint an interim Hereditary Chiefs supported by a Family...

Citation
2021 FC 360
Parties
Applicant (chief of Band Council; Member of Hereditary Chiefs Council): William Gordon Glendale; Applicant (councillor of Da'naxda'xw First Nation): Michael Jacobson-Weston; Applicant (councillor of Da'naxda'xw First Nation): Annie (Anne) Glendale; Respondent (hereditary Chief; Applicant in Cross Application): Bill Peters; Respondent (hereditary Chief): Norman Glendale; Respondent (hereditary Chief; Applicant in Cross Application): Robert Duncan
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 April 2021
Procedural Posture
Judicial Review (s.18 and S.18.2 Federal Courts Act) / Hearing and Judgment on Consolidated Applications; Interim Relief Requested and Reasons Issued
Outcome
Applications partially allowed and partially dismissed: declarations and orders issued removing disputed office-holders, quashing suspension, and directing an all-members membership process and interim governance measures
Legal Topics
Band Custom, Hereditary Governance, Quo Warranto, Procedural Fairness, Interim Injunctive Relief, Election and Governance Codes, Consent Orders
Source Language
English
Indigenous Law Administrative Law Civil Procedure Public Law Governance Law Band Custom Hereditary Governance Quo Warranto +4 more

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Parties

William Gordon Glendale

Applicant (chief of Band Council; Member of Hereditary Chiefs Council)

Michael Jacobson-Weston

Applicant (councillor of Da'naxda'xw First Nation)

Annie (Anne) Glendale

Applicant (councillor of Da'naxda'xw First Nation)

Bill Peters

Respondent (hereditary Chief; Applicant in Cross Application)

Norman Glendale

Respondent (hereditary Chief)

Robert Duncan

Respondent (hereditary Chief; Applicant in Cross Application)

Procedural Posture

Judicial Review (s.18 and S.18.2 Federal Courts Act) / Hearing and Judgment on Consolidated Applications; Interim Relief Requested and Reasons Issued

Legal Issues

  1. 1 What is the current band custom regarding DFN governance?
  2. 2 Was there a change in custom from Hereditary Chief + two councillors to Hereditary Chiefs supported by a Family Leadership Council?
  3. 3 Does the Hereditary Chiefs Council (HCC) as constituted have lawful authority to govern?

Ratio Decidendi

Neither party proved the requisite broad consensus that would confer lawful governing authority: the HCC as constituted under the Lafrenie8re Order lacked broad consensus and therefore lacked lawful authority to govern; the Glendale Band Council no longer enjoyed broad consensus after the Governance Review. The HCC members who suspended Chief Glendale lacked authority to do so and the suspension breached procedural fairness; the suspension is quashed. The appropriate remedy is to remove the disputed office-holders by declaration/quo warranto and to require an all-members meeting to confirm transitional governance and to appoint an interim Hereditary Chiefs supported by a Family...

Court Disposition

Applications partially allowed and partially dismissed: declarations and orders issued removing disputed office-holders, quashing suspension, and directing an all-members membership process and interim governance measures

Orders

  • Declare that Bill Peters, Norman Glendale, Robert Duncan and Gordon Glendale, or any combination of them, as members of the HCC established by the May 26, 2017 Lafrenie8re consent order, lack broad consensus and therefore do not have lawful authority to govern DFN; order in the nature of quo warranto removing them...
  • Quash the decision of Bill Peters, Norman Glendale and Robert Duncan purporting to suspend Chief William Gordon Glendale (certiorari)