Gamblin et al. v. Norway House Cree Nation Band Council, 2002 FCA 385

• Judge: Rothstein, Noël and Sexton, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 10, 2002
• Jurisdiction: Canada (Federal)
• Citations: 2002 FCA 385;(2002), 296 N.R. 232 (FCA)

Gamblin v. Norway House (2002), 296 N.R. 232 (FCA)

MLB headnote and full text

Temp. Cite: [2002] N.R. TBEd. OC.049

Tron Gregory Gamblin and Angela Faye Monias (appellants) v. Norway House Cree Nation Band Council (respondent)

(A-23-01; 2002 FCA 385)

Indexed As: Gamblin et al. v. Norway House Cree Nation Band Council

Federal Court of Appeal

Rothstein, Noël and Sexton, JJ.A.

October 10, 2002.

Summary:

The Norway House Band Council ratified a council resolution prohibiting the sale, use, possession or promotion of illegal use of drugs or alcohol. Gamblin, a member of the Norway House Band, was charged with, inter alia, possession of a controlled substance. The Band council evicted Gamblin and his fiancée (the applicants) from their house and banished them from the reserve for violating the resolution. The applicants applied for judicial review.

The Federal Court of Canada, Trial Division, in a decision reported at 198 F.T.R. 242, held that the Band Council's decision to evict the applicants from their house was reasonable because Gamblin breached an implied residency condition. However, the court set aside the decision banishing the applicants from the reserve. The applicants appealed.

The Federal Court of Appeal dismissed the appeal.

Indians, Inuit and Métis - Topic 5516

Lands - Reserves - Band housing - Gamblin, a member of the Norway House Band, was charged with, inter alia, possession of a controlled substance - The Band Council evicted Gamblin and his family from Band housing - Gamblin sought judicial review - The trial judge held that the Band's decision was not patently unreasonable - Gamblin and the Band had entered into a private law contract, not a landlord and tenant situation or a trust situation, as claimed by Gamblin - Gamblin forfeited the privilege to occupy Band housing by breaching an implied condition that no illegal activity was permitted in the house - The Federal Court of Appeal affirmed the decision - Whether or not the Band Council held the property outright or in trust did not affect its right to make agreements with respect to tenancy and to enforce their terms - See paragraphs 1 to 7.

Indians, Inuit and Métis - Topic 5516

Lands - Reserves - Band housing - Gamblin, a member of the Norway House Band, was charged with, inter alia, possession of a controlled substance - The Band Council evicted Gamblin and his family from Band housing - Gamblin sought judicial review - The trial judge held that Gamblin and the Band had entered into a private law contract and Gamblin forfeited the privilege to occupy Band housing by breaching an implied condition that no illegal activity was permitted in the house - Gamblin appealed, arguing, inter alia, that the trial judge erred in holding that the Band Council did not owe Gamblin and his family a duty of fairness in the sense of providing a hearing before evicting them - The Federal Court of Appeal stated that "we have not been referred to any authority which holds that there is an obligation on the Band Council to provide a hearing concerning the enforcement of the terms of tenancy agreements into which it enters." - See paragraph 8.

Counsel:

Michael Paluk, for the appellants;

Norman Boudreau, for the respondent.

Solicitors of Record:

Aboriginal Centre Law Office, Winnipeg, Manitoba, for the appellants;

Booth Dennehy, Winnipeg, Manitoba, for the respondent.

This appeal was heard at Winnipeg, Manitoba, on October 10, 2002, by Rothstein, Noël and Sexton, JJ.A., of the Federal Court of Appeal. On October 10, 2002, Sexton, J.A., delivered the following oral decision for the court.