Bertrand v. Acho Dene Koe First Nation, 2021 FC 287
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2021 FC 287 |
| Date | 01 April 2021 |
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16 practice notes
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Da'naxda'xw First Nation v. Peters, 2021 FC 360
...59, referencing Bone v. Sioux Valley Indian Band No. 290 (1996), 107 FTR 133; Shirt at para 32; Bertrand v. Acho Dene Koe First Nation, 2021 FC 287 at para 37 [Bertrand]). And, the onus is on the party seeking to rely on a custom to establish what the custom is and how it came into being (F......
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TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs),
...Prac 69 (“Judicial Review of Delegated Legislation”). See also the discussion in Bertrand v Acho Dene Koe First Nation, 2021 FC 287 at paras 75-76; Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 at paras 33-37; Mosaic Forest Management Corporatio......
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Janssen Inc. v. Canada (Health), 2023 FC 870
...debate [see Innovative Medicines Canada v Canada (Attorney General), 2020 FC 725 at paras 66-72; Bertrand v Acho Dene Koe First Nation, 2021 FC 287 at paras [57] The Federal Court of Appeal weighed into this debate in Portnov v Canada (Attorney General), 2021 FCA 171. Justice Stratas, writi......
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Pittman v. Ashcroft First Nation, 2022 FC 1380
...Acts of the Council that are not generally known to the members cannot change the custom: Bertrand v Acho Dene Koe First Nation, 2021 FC 287 at paragraph 37. Hence, it is impossible for me to find that any policy that was followed during that period attracted the broad consensus of the memb......
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14 cases
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Da'naxda'xw First Nation v. Peters, 2021 FC 360
...59, referencing Bone v. Sioux Valley Indian Band No. 290 (1996), 107 FTR 133; Shirt at para 32; Bertrand v. Acho Dene Koe First Nation, 2021 FC 287 at para 37 [Bertrand]). And, the onus is on the party seeking to rely on a custom to establish what the custom is and how it came into being (F......
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TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs),
...Prac 69 (“Judicial Review of Delegated Legislation”). See also the discussion in Bertrand v Acho Dene Koe First Nation, 2021 FC 287 at paras 75-76; Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 at paras 33-37; Mosaic Forest Management Corporatio......
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Janssen Inc. v. Canada (Health), 2023 FC 870
...debate [see Innovative Medicines Canada v Canada (Attorney General), 2020 FC 725 at paras 66-72; Bertrand v Acho Dene Koe First Nation, 2021 FC 287 at paras [57] The Federal Court of Appeal weighed into this debate in Portnov v Canada (Attorney General), 2021 FCA 171. Justice Stratas, writi......
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Pittman v. Ashcroft First Nation, 2022 FC 1380
...Acts of the Council that are not generally known to the members cannot change the custom: Bertrand v Acho Dene Koe First Nation, 2021 FC 287 at paragraph 37. Hence, it is impossible for me to find that any policy that was followed during that period attracted the broad consensus of the memb......
Request a trial to view additional results
2 firm's commentaries
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Who's In Charge Here? Da'naxda'xw First Nation v Peters And The Dynamics Of One First Nation's Leadership
...First Nation, 2007 FC 765 and Bigstone v. Big Eagle (1992), 52 F.T.R. 109. 3 See for example, Bertrand v. Acho Dene Koe First Nation, 2021 FC 287; Narte v. Gladstone, 2021 FC 433; Standingready v. Ocean Man First Nation, 2021 FC 434; Carry The Kettle First Nation v. Kennedy, 2021 FC To view......
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Lingering Effects Of COVID-19 On First Nations' Election Cycles
...that it considered moot highlights the broader importance of the governance and pandemic response issues that were raised. Footnotes 1. 2021 FC 287. 2. SOR 3. [1989] 1 SCR 342. 4. [1993] 1 CNLR 25 (FCTD). 5. Bertrand v. Acho Dene Koe First Nation, 2021 FC 525. 6. https://www.canada.ca/en/in......