[2013] 1 F.C.R. D-9
Aboriginal Peoples
Judicial review of resolutions by respondent Norway House Cree Nation (NHCN) Band Council—Applicant seeking: (1) declaration that resolution BCR/050 regarding settlement of balance of claims with Manitoba Hydro void ab initio because resolution not Council decision passed at duly convened NHCN Council meeting, (2) writ of certiorari quashing resolution ratifying resolution BCR/050—Whether Court having jurisdiction herein; NHCN Council validly approving impugned resolution BCR/050; appropriate for Court to exercise discretion to grant relief in present instance—NHCN Council decisions not “private law” decisions—NHCN Council First Nation entity federal in nature—Thus within Court’s jurisdiction to review BCR/050 decision, subsequent ratification—NHCN procedural regulations requiring by-laws, resolutions to take place at duly convened regular or special Council meetings—No notice given herein to all NHCN Council members for meeting to consider BCR/050—Council decision not validly made where not all councillors given notice of meeting—Ratification vote taking place six months after BCR/050 decided—Ratification of BCR/050 flawed, pre-determined before approval vote—However, invalidating BCR/050 would undermine security, finality of settlement, impact years of arbitration, sensitive negotiations between Manitoba Hydro, First Nations that led to complex settlements—Furthermore, applicant obtaining answer it was looking for in relation to question of “good governance” for NHCN—Also, declaration BCR/050 invalid having serious implications for NHCN’s ability to do business in future—Finally, BCR/050 approved by majority of elected NHCN leadership—For these reasons, Court deciding not to exercise discretion to grant relief sought by applicant—Application dismissed.
Gamblin v. Norway House Cree Nation (T-434-06, 2012 FC 1536, Mandamin J., judgment dated December 20, 2012, 50 pp.)