Badger v. Canada, (1992) 146 N.R. 79 (FCA)

• Judge: Heald, Linden and Létourneau, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: November 03, 1992
• Jurisdiction: Canada (Federal)
• Citations: (1992), 146 N.R. 79 (FCA)

Badger v. Can. (1992), 146 N.R. 79 (FCA)

MLB headnote and full text

John Badger (plaintiff/appellant) v. Her Majesty the Queen (defendant/respondent)

(A-1019-90)

Indexed As: Badger v. Canada

Federal Court of Appeal

Heald, Linden and Létourneau, JJ.A.

November 3, 1992.

Summary:

In 1952 an Order-in-Council declared that thereafter the Chief and Council of certain named Indian Bands, including the Cote Indian Band, were to be elected in accor­dance with the Indian Act. In 1982, pursuant to a referendum and resolution from the Cote Band, the Deputy Minister of Indian and Northern Affairs purportedly amended the Order-in-Council by deleting any refer­ence to the Cote Band. The alleged amend­ment allowed the Cote Band to return to band custom respecting elections. In 1986 Badger, an elected member of the Band Council, applied for a declaration that the Cote Indian Band was still subject to the Order-in-Council on the ground that the purported amendment by the Deputy Minis­ter was made without authority.

The Federal Court of Canada, Trial Divi­sion, in a decision reported 38 F.T.R. 43, dismissed the application. Badger appealed.

The Federal Court of Appeal dismissed the appeal.

Crown - Topic 703

Authority of ministers - Delegation of - Delegable matters - A 1952 Order-in- Council, adopted under s. 73 of the Indian Act, declared that the Cote Indian Band's Chief and Council were to be elected according to the Indian Act - The Federal Court of Canada, Trial Division, held that the Minister of Indian and Northern Affairs, who had the right to repeal the declaration, could delegate that authority to his Deputy Minister pursuant to s. 3(2) of the Act - The Federal Court of Appeal affirmed the decision.

Crown - Topic 725

Authority of Deputy Minister - Delegation - [See Crown - Topic 703 ].

Statutes - Topic 5514

Operation and effect - Delegated legisla­tion - Orders-in-council - Revocation or repeal of - [See Crown - Topic 703 ].

Counsel:

Dan Heffernan, for the appellant;

Bruce Gibson, for the respondent.

Solicitors of Record:

Cherkewich & Yost, Prince Albert, Saskatchewan, for the appellant;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This appeal was heard on November 3, 1992, at Regina, Saskatchewan, before Heald, Linden and Létourneau, JJ.A., of the Federal Court of Appeal. The following decision of the court was delivered from the bench, by Heald, J.A. on November 3, 1992.