Canada Case Law

Canada (Attorney General) v. Bertrand

Court

Federal Court of Appeal

The Court denied the stay because, although the appeal raised a serious issue, the Attorney General failed to adduce any admissible evidence to establish irreparable harm or to discharge the provisional burden on balance of convenience; Crown delay further undermined the balance of convenience, therefore the stay was refused and costs awarded to the respondent.

Source excerpt

• Ultra vires
• Regulatory validity
• Stay application
• Indian act interpretation
• Irreparable harm
• Balance of convenience

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Alexander v. Roseau River Anishinabe First Nation Custom Council

Court

Federal Court

The Federal Court held that both sides acted outside the Roseau River Anishinabe First Nation Election Act: the Chief and Council’s revocation of Custom Council’s authority and Custom Council’s removal of elected leaders were invalid.

• Ultra vires
• Procedural fairness
• Removal from office
• Custom governance
• Indian act interpretation
• Election regulations

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Bradfield v. Canada (Indigenous and Northern Affairs)

Court

Federal Court

The Federal Court dismissed an appeal over a Certificate of Possession claim, holding section 12 of the Indian Estates Regulations does not create possession rights over unallotted reserve land.

• Indian act interpretation
• Certificate of possession
• Adverse possession
• Standard of review
• Regulatory interpretation
• Certificate-of-possession

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Davey et al. v. Isaac et al.

Court

Supreme Court of Canada

The Supreme Court of Canada upheld an injunction for the elected Six Nations council, holding the Order in Council valid because the band fell within the Indian Act.

• Indian act interpretation
• Definition of 'band' under s.2(1)(a)
• Validity of orders in council under s.73
• Trust funds held by crown for indians
• Elected band council versus hereditary chiefs
• Use and control of council house

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