Digest: Quewezance v Federation of Sovereign Indigenous Nations, 2018 SKQB 313

• Date: November 15, 2018

Reported as: 2018 SKQB 313

Docket Number: QB18315 , QBG 1326/18 JCS

Court: Court of Queen's Bench

Date: 2018-11-15

Judges:

• Scherman

Subjects:

• Administrative Law � Judicial Review

Digest: The applicant applied for an order quashing a decision of the Federation of Sovereign Indigenous Nations (FSIN) that removed him from his position as a senator of the FSIN. Under Queen�s Bench rule 3-56(2) the applicant sought judicial review and an order quashing of the decision on the grounds that the FSIN failed to: comply with the specific procedure for divestiture of a senator stipulated in the FSIN Senate Act; and provide procedural fairness and observe the principles of natural justice. The preliminary issue before the court was whether judicial review was available in respect of the actions of the FSIN, which was not a lower tribunal or agency of the government.
HELD: The application for judicial review and quashing of the decision was dismissed. The court found that the FSIN is not a governmental body and its decisions are not subject to judicial review. As the FSIN is a voluntary association, the law does not provide a freestanding right to procedural fairness with respect to decisions taken by it. The applicant had not filed an action by statement of claim nor in any way made a claim founded on a valid cause of actions such as breach of contract, a tort or a claim of restitution. Jurisdiction for judicial review depends on the presence of a legal right and only then can the courts consider the failure of an association to adhere to its own procedure and the fairness of those procedures.

Statutes Considered:

• Municipalities Act, SS 2005, c M-36.1

Federal Statutes Considered:

• Indian Act, RSC 1985, c I?5

Rules Considered:

• QB Rule 3-56(2)

Cases Considered:

• Air Canada v Toronto Port Authority, 2011 FCA 347, [2013] 3 FCR 605
• Battlefords Tribal Council Inc. v Federation of Saskatchewan Indians Inc., 2007 SKQB 339, 303...