Federal court | Aboriginal Peoples
SELF-GOVERNMENT
Board’s reasons inadequate and not intelligible
Board denied application for membership in Nunatsiavut Government pursuant to Labrador Inuit Land Claims Agreement. Applicant sought declaratory relief restoring applicant’s rights as beneficiary of agreement. Respondent conceded applicant was not afforded opportunity to fully present case to board in appeal. Respondent stated there was evidence before court that was not before board that may have affected decision had applicant been given opportunity to present it. Application for judicial review was allowed. Matter was referred back to board to afford applicant opportunity to adduce all evidence. In addition to breach of procedural fairness, board’s reasons were inadequate and not intelligible.
Mugford v. Nunatsiavut (Oct. 20, 2011, F.C., Kelen J., File No. T-1407-10) 208 A.C.W.S. (3d) 634 (15 pp.).
Board’s reasons inadequate and not intelligible
Board denied application for membership in Nunatsiavut Government pursuant to Labrador Inuit Land Claims Agreement. Applicant sought declaratory relief restoring applicant’s rights as beneficiary of agreement. Respondent conceded applicant was not afforded opportunity to fully present case to board in appeal. Respondent stated there was evidence before court that was not before board that may have affected decision had applicant been given opportunity to present it. Application for judicial review was allowed. Matter was referred back to board to afford applicant opportunity to adduce all evidence. In addition to breach of procedural fairness, board’s reasons were inadequate and not intelligible.
Mugford v. Nunatsiavut (Oct. 20, 2011, F.C., Kelen J., File No. T-1407-10) 208 A.C.W.S. (3d) 634 (15 pp.).
