Woodward v. Council of the Fort McMurray

Woodward v. Council of the Fort McMurray

The residency requirement in the FMFN Customary Election Regulations infringes s.15 equality rights by discriminating against off-reserve members, but the infringement is a reasonable limit under s.1 because it is rationally connected to the pressing objective of allocating local governance to reserve residents and is proportionate in the circumstances; additionally, one applicant's judicial review was dismissed for lack of a reviewable decision by Chief and Council.

Citation
2010 FC 337
Parties
Applicant: Mickey Cockerill; Applicant: Harry Cockerill; Applicant: Betty Woodward; Respondent: Fort McMurray First Nation #468; Respondent: Chief Albert Cree; Respondent: Bernadette Dumais; Respondent: Nancy Cree; Respondent: Chief and Council of the Fort McMurray No. 468 First Nation; Respondent: Fort McMurray No. 468 First Nation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 March 2010
Procedural Posture
Judicial Review / Reasons for Judgment/decision
Outcome
Applications for judicial review dismissed with costs
Legal Topics
Charter S.15 Equality, Charter S.1 Justification, Customary Election Regulations, Indian Act (s.2, S.10, S.74), Judicial Review
Source Language
English
Constitutional Law Aboriginal Law Administrative Law Electoral Law Charter S.15 Equality Charter S.1 Justification Customary Election Regulations Indian Act (s.2,s.10,s.74) +1 more

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Parties

Mickey Cockerill

Applicant

Harry Cockerill

Applicant

Betty Woodward

Applicant

Fort McMurray First Nation #468

Respondent

Chief Albert Cree

Respondent

Bernadette Dumais

Respondent

Nancy Cree

Respondent

Chief and Council of the Fort McMurray No. 468 First Nation

Respondent

Fort McMurray No. 468 First Nation

Respondent

Procedural Posture

Judicial Review / Reasons for Judgment/decision

Legal Issues

  1. 1 Are the Band’s decisions amenable to judicial review?
  2. 2 Are the Regulations in keeping with the band’s customs?
  3. 3 Are customs reviewable under s.15 of the Charter?

Ratio Decidendi

The residency requirement in the FMFN Customary Election Regulations infringes s.15 equality rights by discriminating against off-reserve members, but the infringement is a reasonable limit under s.1 because it is rationally connected to the pressing objective of allocating local governance to reserve residents and is proportionate in the circumstances; additionally, one applicant's judicial review was dismissed for lack of a reviewable decision by Chief and Council.

Court Disposition

Applications for judicial review dismissed with costs

Orders

  • The applications for judicial review are dismissed with costs.
  • The residency requirement in the FMFN Customary Election Regulations breaches s.15 but is justified under s.1 of the Charter; no relief granted to applicants.