Agawa et al. v. Batchewana Indian Band et al., (1998) 155 F.T.R. 263 (TD)

• Judge: Tremblay-Lamer, J.
• Court: Federal Court (Canada)
• Case Date: September 30, 1998
• Jurisdiction: Canada (Federal)
• Citations: (1998), 155 F.T.R. 263 (TD)

Agawa v. Batchewana Indian Band (1998), 155 F.T.R. 263 (TD)

MLB headnote and full text

Temp. Cite: [1998] F.T.R. TBEd. NO.010

Percy Agawa, Alan Boyer, Andy Clarke, Lizette Collins, Adelene V. Corbiere, Lloyd Hill, Richele Robinson, Irene Stevens, Victoria Syrette and Donald Waboose (applicants) v. Roland Hewson, Carol Nadjiwon, James Roach, Vernon Syrette, Ann Tegosh and Kevin Tegosh in their representative capacity as councillors of the Batchwana Band and Noel Syrette in his illegal capacity as councillor for the Batchewana Band (respondents)

(T-764-98)

Indexed As: Agawa et al. v. Batchewana Indian Band et al.

Federal Court of Canada

Trial Division

Tremblay-Lamer, J.

October 16, 1998.

Summary:

The Batchewana Band Council passed a motion allowing councillor Syrette to rescind his letter of resignation. Agawa and others applied for judicial review.

The Federal Court of Canada, Trial Divi­sion, allowed the application.

Indians, Inuit and Métis - Topic 6225

Government - Band councils (incl. coun­cillors) - Resignations - Validity - [See Indians, Inuit and Métis - Topic 6235 ].

Indians, Inuit and Métis - Topic 6235

Government - Band councils (incl. coun­cillors) - Jurisdiction - Over members - On January 19, 1998, Band Councillor Syrette tendered a letter of resignation - The letter was placed on the agenda for the January 19, 1998 Band Council meet­ing - Council stopped paying Syrette his councillor's honorarium - Syrette missed the next three successive meetings - Council allowed Syrette to attend the March 9, 1998 meet­ing as a "guest" - During that meeting, Council passed a motion allowing Syrette to rescind his letter of resignation - The Federal Court of Canada, Trial Division, quashed the motion as ultra vires the Council's powers - The Council's conduct following the January 19, 1998 resignation letter strongly suggested that Council had accepted Sy­rette's resignation or at the very least acquiesced in it - In any event, Syrette had abandoned his position by missing three consecutive meetings.

Cases Noticed:

Huron-Wendat Nation Council v. Laveau and Gros-Louis, [1987] 3 F.C. 647; 14 F.T.R. 50 (T.D.), consd. [para. 9, foot­note 5].

Pontiac (County) v. Ross (1888), 11 L.N. 370 (Que. Sup. Ct.), consd. [para. 9, footnote 6].

Sault v. Mississaugas of the New Credit Indian Band Council (1989), 25 F.T.R. 241 (T.D.), consd. [para. 13, footnote 9].

Cameron v. Boyle (1994), D.R.S. 94-09918 (Ont. Gen. Div.), consd. [para. 20, footnote 13].

Statutes Noticed:

Indian Act, R.S.C. 1985, c. I-5, sect. 78(2)(a)(ii) [para. 7]; sect. 78(2)(b)(ii) [para. 21].

Authors and Works Noticed:

Roberts' Rules of Order, p. 291 [para. 20].

Counsel:

Gary E. Corbière, for the applicants;

William B. Henderson, for the respon­dents.

Solicitors of Record:

Gary E. Corbière, Garden River, Ontario, for the applicants;

William B. Henderson, Toronto, Ontario, for the respondents.

This application was heard at Ottawa, Ontario, on September 30, 1998, by Trem­blay-Lamer, J., of the Federal Court of Canada, Trial Division, who delivered the following decision at Ottawa, Ontario, on October 16, 1998.