Medeiros v. Echum

Medeiros v. Echum

The August 4, 1998 band council resolutions (1998-99-254 and 1998-99-257) were unreasonable and ultra vires because they directly and intentionally discriminated against off-reserve members by excluding them from participation and benefits of a settlement addressing communal land-related grievances; band councils...

Source-derived case information.

Citation
2001 FCT 1318
Parties
Applicants: Laura Medeiros et al.; Respondents: Gabriel Echum et al. (Chief and Council of Ginoogaming First Nation and Ginoogaming First Nation); Respondent: Ontario Power Generation Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 November 2001
Procedural Posture
Judicial Review / Decision (reasons for Order)
Outcome
Band Council Resolutions 1998-99-254 and 1998-99-257 set aside as unreasonable/ultra vires; matter remitted to Chief and Council for redetermination without discrimination; applicants awarded costs.
Legal Topics
Discrimination, Band Council Resolutions, Indian Act Membership, Trusts and Settlement Funds, Judicial Review, Fiduciary Duty, Legitimate Expectation
Source Language
english
Administrative Law Aboriginal Law Constitutional Law Discrimination Band Council Resolutions Indian Act Membership Trusts and Settlement Funds Judicial Review +2 more

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Parties

Laura Medeiros et al.

Applicants

Gabriel Echum et al. (Chief and Council of Ginoogaming First Nation and Ginoogaming First Nation)

Respondents

Ontario Power Generation Inc.

Respondent

Procedural Posture

Judicial Review / Decision (reasons for Order)

Legal Issues

  1. 1 Whether band council resolutions discriminated against off-reserve members by excluding them from settlement benefits
  2. 2 Whether exclusion from ratification process breached procedural fairness and legitimate expectation
  3. 3 Whether band council exceeded statutory authority under the Indian Act by effectively altering membership rights

Ratio Decidendi

The August 4, 1998 band council resolutions (1998-99-254 and 1998-99-257) were unreasonable and ultra vires because they directly and intentionally discriminated against off-reserve members by excluding them from participation and benefits of a settlement addressing communal land-related grievances; band councils may not de facto alter statutory membership and must administer settlement proceeds without residency-based discrimination; the resolutions are set aside and the matter remitted for redetermination without discrimination.

Court Disposition

Band Council Resolutions 1998-99-254 and 1998-99-257 set aside as unreasonable/ultra vires; matter remitted to Chief and Council for redetermination without discrimination; applicants awarded costs.

Orders

  • Band Council Resolutions 1998-99-254 (trust indenture authorization) and 1998-99-257 (Keemeshomnishmanak fund/elder payments) are set aside
  • The use of the proceeds of the Settlement Agreement is remitted to the Chief and Council of Ginoogaming First Nation for redetermination without discrimination on the basis of residency and in accordance with these reasons