Knibb Developments Ltd. v. Siksika First Nation,

JurisdictionFederal Jurisdiction (Canada)
Neutral Citation2021 FC 1214
Citation2021 FC 1214
CourtFederal Court (Canada)
Date09 November 2021

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6 practice notes
  • Court Of Appeal Summaries (July 31 ' August 4)
    • Canada
    • Mondaq Canada
    • August 8, 2023
    ...Act, S.C. 2022, c. 19, s. 121, Indian Act Amendment and Replacement Act, S.C. 2014, c. 38, Knibb Developments Ltd. v. Siksika Nation, 2021 FC 1214, Nowegijick v. The Queen, [1983] 1 S.C.R. 29, Mitchell v. Peguis Indian Band, [1990] 2 S.C.R. 85, Opetchesaht Indian Band v. Canada, [1997] 2 S.......
  • Roger Prairie Chicken v. The Blood Tribe Band Council,
    • Canada
    • Federal Court (Canada)
    • July 23, 2024
    ...subject to judicial review (Hengerer v Blood Indians First Nation, 2014 FC 222 at para 41; Knibb Developments Ltd v Siksika First Nation, 2021 FC 1214 at para 10; Peace Hills Trust Co v Moccasin, 2005 FC 1364 at para 60; Devil's Gap Cottagers (1982) Ltd v Rat Portage Band No 38B, 2008 FC 81......
  • George v. Heiltsuk First Nation,
    • Canada
    • Federal Court (Canada)
    • December 15, 2023
    ...discretion in this regard is not constrained by statutory or regulatory provisions: Knibb Developments Ltd v Siksika First Nation, 2021 FC 1214. [44] With these principles in mind, we may now turn to the facts of this case and determine whether the decisions challenged are amenable to judic......
  • 2023 ONCA 524,
    • Canada
    • Court of Appeal (Ontario)
    • January 1, 2023
    ...the expression of the will of a First Nation's council” as Grammond J. stated in Knibb Developments Ltd. v. Siksika Nation, 2021 FC 1214, at para. 21 The appellants submit that a band council's authority under s. 81 of the Indian Act can only be exercised by passing a by-la......
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6 cases
  • Roger Prairie Chicken v. The Blood Tribe Band Council,
    • Canada
    • Federal Court (Canada)
    • July 23, 2024
    ...subject to judicial review (Hengerer v Blood Indians First Nation, 2014 FC 222 at para 41; Knibb Developments Ltd v Siksika First Nation, 2021 FC 1214 at para 10; Peace Hills Trust Co v Moccasin, 2005 FC 1364 at para 60; Devil's Gap Cottagers (1982) Ltd v Rat Portage Band No 38B, 2008 FC 81......
  • Key v. Cote, 2025 FC 1329
    • Canada
    • Federal Court (Canada)
    • July 25, 2025
    ...operates largely on the basis of resolution” (Brass Representation at para 59; see also, Knibb Developments Ltd v Siksika First Nation, 2021 FC 1214 at para [53] Paragraph 2(3)(b) of the Indian Act provides that the “power conferred on the council of a band shall be deemed not to be exercis......
  • George v. Heiltsuk First Nation,
    • Canada
    • Federal Court (Canada)
    • December 15, 2023
    ...discretion in this regard is not constrained by statutory or regulatory provisions: Knibb Developments Ltd v Siksika First Nation, 2021 FC 1214. [44] With these principles in mind, we may now turn to the facts of this case and determine whether the decisions challenged are amenable to judic......
  • 2023 ONCA 524,
    • Canada
    • Court of Appeal (Ontario)
    • January 1, 2023
    ...the expression of the will of a First Nation's council” as Grammond J. stated in Knibb Developments Ltd. v. Siksika Nation, 2021 FC 1214, at para. 21 The appellants submit that a band council's authority under s. 81 of the Indian Act can only be exercised by passing a by-la......
  • Get Started for Free
1 firm's commentaries
  • Court Of Appeal Summaries (July 31 ' August 4)
    • Canada
    • Mondaq Canada
    • August 8, 2023
    ...Act, S.C. 2022, c. 19, s. 121, Indian Act Amendment and Replacement Act, S.C. 2014, c. 38, Knibb Developments Ltd. v. Siksika Nation, 2021 FC 1214, Nowegijick v. The Queen, [1983] 1 S.C.R. 29, Mitchell v. Peguis Indian Band, [1990] 2 S.C.R. 85, Opetchesaht Indian Band v. Canada, [1997] 2 S.......