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Canada Case Law

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Indigenous law 2026 FC 135

Kwantlen First Nation v. Gabriel

The Federal Court held that a November 27, 2022 Kwantlen meeting was procedurally unfair and lacked broad consensus, so its resolutions had no legal effect.

  • Band custom
  • Broad consensus
  • Quo warranto
  • Invalidation of resolutions
  • Proxy voting
  • Quorum
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Indigenous law 2021 FC 360

Da'naxda'xw First Nation v. Peters

La Cour fédérale conclut qu’aucun groupe n’a démontré la large adhésion requise pour gouverner la Da’naxda’xw First Nation; la suspension de Gordon Glendale est annulée.

  • Band custom
  • Hereditary governance
  • Quo warranto
  • Procedural fairness
  • Interim injunctive relief
  • Election and governance codes
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Administrative law 2017 FC 179

Peguis First Nation v. Bear

The Federal Court quashed Peguis First Nation BCR 38, finding it was passed without proper notice or procedural fairness and could not unilaterally assume the school board’s authority.

  • Procedural fairness
  • Validity of council resolutions
  • Duty to convene meetings
  • Authority of band council vs independent school board
  • Election procedures
  • Procedural-fairness
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Administrative law 2006 FC 854

Cassidy v. Recalma-Clutesi

The Federal Court held that July 8, 2005 Band Council resolutions were invalid for lack of a duly convened meeting, and that an August 2 voting rule resolution was also invalid.

  • Validity of band council resolutions
  • Quorum and voting rules
  • Special meetings and notice
  • Ultra vires challenge to regulations
  • Duty to call meetings / mandamus remedy
  • Band-council-resolutions
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.