Hengerer v. Blood Indians First Nation

Hengerer v. Blood Indians First Nation

Band Council's decision to refuse to request renewal of permits was an exercise or purported exercise of powers under s.28(2) of the Indian Act that brought the matter within public law and subject to judicial review; Hengerer had legitimate expectations and was entitled to procedural fairness (notice of case and opportunity to be heard) before Council terminated the relationship; the Decision was quashed and remitted to Council with directions to afford procedural fairness.

Citation
2014 FC 222
Parties
Applicants: Joachim Hengerer, Hengerer Farms Ltd., Charlene Fox, Lois Frank; Respondents: Chief and Council of the Band of the Blood Indians on the Blood Indian Reserve #148; Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development; John Chief Moon Sr.; Floyd Many Fingers; Mildred Melting Tallow; Jeff Melting Tallow; Oliver Russell Sr.; Chris Shade; Melvin Wadsworth Sr.; Celina Good Striker; Kevin Scout; Ivan Many Fingers
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 March 2014
Procedural Posture
Judicial Review / Final Judgment on Application for Judicial Review
Outcome
Decision quashed; matter remitted to Band Council for reconsideration with directed procedural protections; costs submissions permitted
Legal Topics
Procedural Fairness, Judicial Review, Indian Act S.28 Permits, Legitimate Expectation, Remedies (quash and Remit)
Source Language
English
Administrative Law Indigenous Law Property Law Contract Law Procedural Fairness Judicial Review Indian Act S.28 Permits Legitimate Expectation +1 more

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Parties

Joachim Hengerer, Hengerer Farms Ltd., Charlene Fox, Lois Frank

Applicants

Chief and Council of the Band of the Blood Indians on the Blood Indian Reserve #148; Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development; John Chief Moon Sr.; Floyd Many Fingers; Mildred Melting Tallow; Jeff Melting Tallow; Oliver Russell Sr.; Chris Shade; Melvin Wadsworth Sr.; Celina Good Striker; Kevin Scout; Ivan Many Fingers

Respondents

Procedural Posture

Judicial Review / Final Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether the Band Council's decision is subject to judicial review
  2. 2 Standard of review applicable
  3. 3 Whether procedural fairness was denied to the applicants, especially Hengerer

Ratio Decidendi

Band Council's decision to refuse to request renewal of permits was an exercise or purported exercise of powers under s.28(2) of the Indian Act that brought the matter within public law and subject to judicial review; Hengerer had legitimate expectations and was entitled to procedural fairness (notice of case and opportunity to be heard) before Council terminated the relationship; the Decision was quashed and remitted to Council with directions to afford procedural fairness.

Court Disposition

Decision quashed; matter remitted to Band Council for reconsideration with directed procedural protections; costs submissions permitted

Orders

  • Decision of Band Council dated December 17, 2013 quashed and matter referred back to Band Council for reconsideration
  • If Band Council intends to sever the relationship with Hengerer before March 31, 2016 it must promptly notify Hengerer in writing with adequate reasons