Première Nation Malecite de Viger v. Canada (Indian Affairs and Northern Development)

Première Nation Malecite de Viger v. Canada (Indian Affairs and Northern Development)

The Grand Chief’s unilateral decisions at issue were beyond his legal authority because the applicants did not demonstrate the necessary legal basis (urgency was not established as an unforeseen, immediate necessity) and subsection 2(3)(b) Indian Act and the Band’s governance rules require council consent; therefore those acts are of no force or effect and must be set aside.

Citation
2006 FC 187
Parties
Applicant Band Council: Council of the Première Nation Malecite de Viger; Applicant Councillor: Aubin Jenniss; Applicant Councillor: Martine Bruneau; Applicant Councillor: Pierre Nicolas; Applicant Councillor: Ernest Daniel Nicolas; Respondent Grand Chief, Première Nation Malecite De Viger: Jean Genest; Respondent Minister of Indian and Northern Affairs Canada: The Honourable Andy Scott
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 November 2006
Procedural Posture
Judicial Review / Decision on Application for Judicial Review and Interlocutory Injunction Motion
Outcome
Application for judicial review allowed in part; specified unilateral decisions of the Grand Chief declared of no force or effect
Legal Topics
Standard of Review, Ultra Vires, Band Council Powers, By Laws, Interim Injunction, Receivership
Source Language
English
Administrative Law Indigenous Law Civil Procedure Public Law Standard of Review Ultra Vires Band Council Powers By Laws +2 more

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Parties

Council of the Première Nation Malecite de Viger

Applicant Band Council

Aubin Jenniss

Applicant Councillor

Martine Bruneau

Applicant Councillor

Pierre Nicolas

Applicant Councillor

Ernest Daniel Nicolas

Applicant Councillor

Jean Genest

Respondent Grand Chief, Première Nation Malecite De Viger

The Honourable Andy Scott

Respondent Minister of Indian and Northern Affairs Canada

Procedural Posture

Judicial Review / Decision on Application for Judicial Review and Interlocutory Injunction Motion

Legal Issues

  1. 1 What is the appropriate standard of review for the Grand Chief’s decisions?
  2. 2 Did the Grand Chief act beyond the powers conferred by the Indian Act and the Band’s by-laws?
  3. 3 What orders are appropriate to ensure legality of future acts by the Grand Chief and the Council?

Ratio Decidendi

The Grand Chief’s unilateral decisions at issue were beyond his legal authority because the applicants did not demonstrate the necessary legal basis (urgency was not established as an unforeseen, immediate necessity) and subsection 2(3)(b) Indian Act and the Band’s governance rules require council consent; therefore those acts are of no force or effect and must be set aside.

Court Disposition

Application for judicial review allowed in part; specified unilateral decisions of the Grand Chief declared of no force or effect

Orders

  • The decision made on February 22, 2005 awarding Bernard Thériault the contract for transporting crab fishing catches is of no force or effect
  • The decision made on or about March 1, 2005 to enter into a lease on behalf of the Band for commercial office space is of no force or effect