Tootoosis v. Poundmaker Cree Nation #345

Tootoosis v. Poundmaker Cree Nation #345

Chief and Council had authority under Poundmaker Cree Nation unwritten custom to remove councillors, but the Decision to suspend and then remove the Applicant was procedurally unfair because he was not given an opportunity to respond prior to an indefinite suspension; therefore the application for judicial review is granted and the Applicant is entitled to retroactive remuneration until the end of his term.

Citation
2024 FC 1171
Parties
Applicant Councillor: Bryan Tootoosis; Respondent Chief: Duane Antoine; Respondent Councillor: Brandon Favel; Respondent Councillor: Marlene Chickeness; Respondent Band Council: Poundmaker Cree Nation #345 Chief and Council
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 July 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review granted with costs; retroactive remuneration awarded; further submissions on costs directed.
Legal Topics
Procedural Fairness, Judicial Review, Customary Governance, Remuneration, Mootness, Jurisdiction
Source Language
English
Administrative Law Indigenous Law Civil Procedure Employment/remuneration Law Procedural Fairness Judicial Review Customary Governance Remuneration +2 more

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Parties

Bryan Tootoosis

Applicant Councillor

Duane Antoine

Respondent Chief

Brandon Favel

Respondent Councillor

Marlene Chickeness

Respondent Councillor

Poundmaker Cree Nation #345 Chief and Council

Respondent Band Council

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Chief and Council had authority under PCN custom to remove a councillor
  2. 2 Whether suspension and removal breached the duty of procedural fairness
  3. 3 Whether the Decision was reasonable on judicial review

Ratio Decidendi

Chief and Council had authority under Poundmaker Cree Nation unwritten custom to remove councillors, but the Decision to suspend and then remove the Applicant was procedurally unfair because he was not given an opportunity to respond prior to an indefinite suspension; therefore the application for judicial review is granted and the Applicant is entitled to retroactive remuneration until the end of his term.

Court Disposition

Application for judicial review granted with costs; retroactive remuneration awarded; further submissions on costs directed.

Orders

  • Application for judicial review is granted with costs.
  • Poundmaker Cree Nation #345 is ordered to pay all remuneration the Applicant would have earned and been entitled to as councillor from the date his remuneration was suspended until the end of his term, payable within 45 days.