Ermineskin v. Ermineskin Band Council
T-688-94
Jerome A.C.J.
26/5/95
7 pp.
Application for judicial review of decision of Ermineskin Indian Band Council to delete applicant's name from Ermine- skin Band List -- Applicant member of Ermineskin Indian Band by virtue of marriage to treaty Indian registered as member of that Band -- Spouse now deceased -- Band authorized by Minister of Indian Affairs and Northern Development to regulate own membership through established Ermineskin Membership Rules -- Band Council issuing notice to applicant asking to make representations to Council with respect to membership in Band -- Applicant not responding to notice-Band Council determined to delete her from Band list on August 4, 1987 -- Applicant seeking to have Band Council decision vacated on grounds Council failed to follow own procedures by failing to accord her adequate notice and by failing to provide her with reasons -- Band Council cannot operate in vacuum -- Must exercise discretionary powers fairly -- Failure to do so will, in appropriate circumstances, warrant judicial intervention -- For judicial review application to be properly before Court under Federal Court Act, s. 18.1, decision being reviewed must emanate from "federal board, commission or other tribunal" as defined in Act, s. 2 -- Rules applied by Ermineskin Band Council in exercising authority over Band membership "manifestation" of powers conferred by Government of Canada under Indian Act, s. 10 -- Authority exercised by Band Council derived from Indian Act -- Decision of federal board proper subject of judicial review application in Court -- Applicant advised of right to appeal decision of Band Council but chose not to avail herself of potentially curative appeal procedure to Band Council electors -- Court declining to interfere in business of Band Council as matter of discretion -- Application dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (as am. by S.C. 1990, c. 8, s. 1), 18.1 (as enacted idem, s. 5) -- Indian Act, R.S.C., 1985, c. I-5, s. 10.