Council failed to provide relevant evidence to applicant establishing case against him

Aboriginal and Indigenous Law – Self-government of Indigenous People - Councils

Band Council of First Nation decided to reduce applicant Chief’s salary from $96,000 to $32,000 and, later, to suspend him for 30 days. Applicant applied for judicial review of both decisions. Application granted in part, with respect to suspension decision. Suspension decision was not made in accordance with requirements of procedural fairness. Applicant was notified of meeting by text message but not advised that he was facing suspension penalty or of specific concerns at issue. Council failed to provide relevant evidence to applicant establishing case against him, which effectively denied him of opportunity to respond meaningfully. Council decided to proceed without applicant present, without giving him notice that matter might be decided in his absence if he did not attend. Suspension decision would be set aside.

Tourangeau v. Smith's Landing First Nation (2020), 2020 CarswellNat 316, 2020 FC 184, Paul Favel J. (F.C.).

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