Huron-Wendat Nation Council v. Laveau and Gros-Louis, (1987) 14 F.T.R. 50 (TD)

• Judge: Dubé, J.
• Court: Federal Court (Canada)
• Case Date: April 22, 1987
• Jurisdiction: Canada (Federal)
• Citations: (1987), 14 F.T.R. 50 (TD)

Huron-Wendat Nation v. Laveau (1987), 14 F.T.R. 50 (TD)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Council of the Huron-Wendat Nation v. Michel Laveau and Bruno Gros-Louis

(No. T-326-87)

Indexed As: Huron-Wendat Nation Council v. Laveau and Gros-Louis

Federal Court of Canada

Trial Division

Dubé, J.

April 30, 1987.

Summary:

The Grand Chief and the Deputy Grand Chief of the Huron-Wendat Nation verbally and irrevocably resigned their positions at a council meeting. The council accepted their resignations. The Grand Chief and Deputy Grand Chief later changed their minds and sought to remain in their positions. The council applied for a declaration that the resignations were valid.

The Federal Court of Canada, Trial Division, held that the resignations were valid.

Indians, Inuit and Métis - Topic 6225

Government of Indians - Band councils - Resignations - Validity - The Grand Chief and Deputy Grand Chief of the Huron-Wendat Nation verbally and irrevocably resigned at a council meeting - The council accepted their resignations - The Grand Chief and Deputy Grand Chief later changed their minds and sought to remain in their positions - They claimed the resignations were invalid unless in writing - The Indian Act was silent on formalities for resignation - The Federal Court of Canada, Trial Division, held that the verbal resignations were valid; that there was no statutory, common law or customary requirement that the resignations be in writing.

Cases Noticed:

Corporation of the County of Pontiac v. Ross (1888), 11 LN 370 (Sup. Ct.); 17 S.C.R. 406, refd to. [para. 15].

Statutes Noticed:

Indian Act, R.S.C. 1970, c. I-6, sect. 78(2)(a)(ii) [para. 7].

Counsel:

Jean Petit, for the plaintiff;

Richard Binet, for the defendants.

Solicitors of Record:

Corriveau, Corriveau and Associés, Quebec, Quebec, for the plaintiff;

Croteau, Binet et Associés, Quebec, Quebec, for the defendants.

This application was heard on April 22, 1987, at Québec, Quebec, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on April 30, 1987.