Permanent residency requirement was not met by Chief

Federal court | Aboriginal Peoples

SELF-GOVERNMENT

Permanent residency requirement was not met by Chief

Current Chief of Cowessess First Nation was evicted from house on Reserve because of non-payment of rent. Current Chief lived in Regina and no longer had home on Reserve. Current Chief maintained farmland that he worked on Reserve and kept equipment on land. Motion was passed to transfer unit to current Chief. Tenant refused to vacate unit and current Chief was unable to take occupancy. Current Chief refused to call meeting to discuss issues with respect to his residency and Cowessess First Nation #73 Custom Election Act. Current Chief was not allocated house on Reserve. Band Council refused to order by-election to fill position of Chief. There was dispute about whether position of Chief was vacant by operation of law, which concerned current Chief’s compliance with residency requirements set out in Act. Applicants sought judicial review. Application granted. Position was deemed vacant. Respondents did not adduce sufficient evidence to show traditional understanding of permanent residence. Relevant provisions of Act required physical presence of Chief on Reserve. Record showed current Chief did not take up residence on Reserve. Permanent residency requirement was not met. Current Chief did not take up permanent residence on Reserve within three-month time period required by Act, which triggered article of Act that mandated that when person elected as Chief did not take up permanent residence as required by Act, position of Chief was deemed vacant.
Ferguson v. Lavallee (Jun. 13, 2014, F.C., E. Heneghan J., File No. T-1412-13) 242 A.C.W.S. (3d) 756.

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

GM lawyer Michael Smith becomes partner at Bennett Jones

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident