Lonechild v. Federation of Saskatchewan Indian Nations et al., (2011) 382 Sask.R. 78 (QB)

• Judge: Mills, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 30, 2011
• Jurisdiction: Saskatchewan
• Citations: (2011), 382 Sask.R. 78 (QB);2011 SKQB 315

Lonechild v. Indian Nations (2011), 382 Sask.R. 78 (QB)

MLB headnote and full text

Temp. Cite: [2011] Sask.R. TBEd. SE.026

In the Matter of Judicial Review pursuant to Part 52 of the Rules of the Court of Queen's Bench in respect of a petition for a Motion of Non-confidence by Chief Elliot Kahpeaysewat to the Executive Council, Indian Government Commission and the Legislative Assembly of the Federation of Saskatchewan Indian Nations heard on August 4, 2011, and of resolutions and decisions made and actions taken on or about August 4, 2011 by the Executive Council and Indian Government Commission of the Federation of Saskatchewan Indian Nations, and actions planned to be taken by the Legislative Assembly of the Federation of Saskatchewan Indian Nations on September 1, 2011.

Chief Ivan Guy Lonechild (applicant) v. Federation of Saskatchewan Indian Nations Inc., operating as The Federation of Saskatchewan Indian Nations and The Executive Council, The Indian Government Commission and The Legislative Assembly of the Federation of Saskatchewan Indian Nations (respondents) and Chief Elliot Kahpeaysewat (respondent)

(2011 Q.B.G. No. 1138; 2011 SKQB 315)

Indexed As: Lonechild v. Federation of Saskatchewan Indian Nations et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Mills, J.

August 30, 2011.

Summary:

The Federation of Saskatchewan Indian Nations (FSIN) was comprised of 74 of the 75 First Nations located in Saskatchewan. The FSIN through its Executive Act formulated a process for removal of executive members, including participation by the Executive Council and the Indian Government Commission (EC-IGC). Following meetings, the EC-IGC moved to suspend the elected FSIN chief (Lonechild) and to commence non-confidence proceedings to have him removed from office by the Legislative Assembly. Lonechild applied for judicial review.

The Saskatchewan Court of Queen's Bench allowed the application and set aside both EC-IGC motions.

Courts - Topic 4021

Federal Court of Canada - Jurisdiction - Federal Court - Relief against federal boards, commissions or tribunals - [See second Indians, Inuit and Métis - Topic 6214 ].

Courts - Topic 4054

Federal Court of Canada - Jurisdiction - Federal Court - Indians, Inuit and Métis - [See second Indians, Inuit and Métis - Topic 6214 ].

Courts - Topic 8044

Provincial courts - Saskatchewan - Court of Queen's Bench - Jurisdiction - General - [See first, second and third Indians, Inuit and Métis - Topic 6214 ].

Indians, Inuit and Métis - Topic 6214

Government - Associations and corporations - Federation of Saskatchewan Indians - The Federation of Saskatchewan Indian Nations (FSIN) was comprised of 74 of the 75 First Nations located in Saskatchewan - The FSIN through its Executive Act formulated a process for removal of executive members, including participation by the Executive Council and the Indian Government Commission (EC-IGC) - Following meetings, the EC-IGC moved to suspend the elected FSIN chief (Lonechild) and to commence non-confidence proceedings to have him removed from office by the Legislative Assembly - Lonechild applied for judicial review - The FSIN argued that it was a voluntary political government comprised of sovereign and independent First Nations over which courts of superior jurisdiction had no power or control - The Saskatchewan Court of Queen's Bench stated that the FSIN was not a sovereign First Nation and the court had jurisdiction - See paragraphs 4 to 7.

Indians, Inuit and Métis - Topic 6214

Government - Associations and corporations - Federation of Saskatchewan Indians - The Federation of Saskatchewan Indian Nations (FSIN) was comprised of 74 of the 75 First Nations located in Saskatchewan - The elected FSIN chief (Lonechild) was suspended and non-confidence proceedings were commenced to have him removed from office after it came to light that he had been convicted of a drinking and driving offence - Lonechild applied for judicial review - The FSIN argued that because its membership was solely comprised of First Nations it was under federal jurisdiction (Federal Courts Act) - The FSIN argued that it was a federal board or tribunal within the meaning of that Act - The Saskatchewan Court of Queen's Bench rejected the FSIN's argument, holding that it had jurisdiction - The FSIN was not a band council and its election process was not determined by the Indian Act or by First Nations custom - Rather, the FSIN election process was governed by its internal organizing documents and agreements - The FSIN was not a federal board, tribunal or commission under the Federal Courts Act - See paragraphs 8 to 14.

Indians, Inuit and Métis - Topic 6214

Government - Associations and corporations - Federation of Saskatchewan Indians - The Federation of Saskatchewan Indian Nations (FSIN) was comprised of 74 of the 75 First Nations in Saskatchewan - The FSIN through its Executive Act formulated a process for removal of executive members, including participation by the Executive Council and the Indian Government Commission (EC-IGC) - Following meetings, the EC-IGC moved to suspend the elected FSIN chief (Lonechild) and to commence non-confidence proceedings to have him removed from office by the Legislative Assembly - Lonechild applied for judicial review - The FSIN argued that jurisdiction should be declined because the application was premature given that the EC-IGC decision was an interim step and the Legislative Assembly had yet to act - The Saskatchewan Court of Queen's Bench stated that the problem with FSIN's argument was that if the EC-IGC tribunal purporting to act in accordance with the FSIN rules and regulations did not do so then there was no basis for a decision by the Legislative Assembly - If the underlying activities of the EC-IGC were contrary to the rules and regulations of the FSIN or denied Chief Lonechild natural justice and procedural fairness then they should be halted at this stage - See paragraphs 15 to 17.

Indians, Inuit and Métis - Topic 6214

Government - Associations and corporations - Federation of Saskatchewan Indians - The Federation of Saskatchewan Indian Nations (FSIN) was comprised of 74 of the 75 First Nations located in Saskatchewan - The FSIN through its Executive Act formulated a process for removal of executive members, including participation by the Executive Council and the Indian Government Commission (EC-IGC) - Following meetings, the EC-IGC moved to suspend the elected FSIN chief (Lonechild) and to commence non-confidence proceedings to have him removed from office by the Legislative Assembly - Lonechild applied for judicial review - The Saskatchewan Court of Queen's Bench allowed the application and set aside both EC-IGC motions - The EC-IGC lacked jurisdiction to suspend the chief - There was nothing in the Executive Act that allowed the suspension - The decision to pursue a non-confidence motion was not made in accordance with the FSIN rules and regulations or in accordance with the principles of fundamental justice - The EC-IGC lost jurisdiction when it failed to deal with issues of bias and by permitting an investigation of complaints about conduct that did not form the basis of the case against the chief - See paragraphs 18 to 58.

Cases Noticed:

Battlefords Tribal Council Inc. et al. v. Federation of Saskatchewan Indians Inc. et al. (2007), 303 Sask.R. 116; 2007 SKQB 339, refd to. [para. 6].

Ratt et al. v. Matchewan et al., [2010] 2 C.N.L.R. 275; 362 F.T.R. 285; 2010 FC 160, refd to. [para. 9].

Elders of Mitchikinabikok Inik (Algonquin of Barriere Lake) v. Algonquins of Barriere Lake Customary Council - see Ratt et al. v. Matchewan et al.

Pitawanakwat v. Wikwemikong Tribal Police Services (2010), 376 F.T.R. 272; 2010 FC 917, refd to. [para. 11].

Canadian Pacific Ltd. v. Matsqui Indian Band et al., [1995] 1 S.C.R. 3; 177 N.R. 325, refd to. [para. 12].

Sparvier v. Cowessess Indian Band No. 73 et al., [1993] 3 F.C. 142; 63 F.T.R. 242 (T.D.), refd to. [para. 17].

Laurent v. Fort McKay First Nation, [2008] 4 C.N.L.R. 15; 438 A.R. 103 (Q.B.), refd to. [para. 17].

Orr et al. v. Fort McKay First Nation et al., [2011] F.T.R. Uned. 27; 2011 FC 37, refd to. [para. 17].

Rosen v. Saskatoon District Health Board (2001), 213 Sask.R. 61; 260 W.A.C. 61; 2001 SKCA 83, refd to. [para. 50].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 51].

Counsel:

Jeffrey M. Howe and James E. Seibel, for the applicant, Lonechild;

Deidre L. Aldcorn and Kristin B. Greenough, for the respondent, Chief Kahpeaysewat;

Lawrence F. Seiferling, Q.C., for the respondent, Federation of Saskatchewan Indian Nations.

This application was heard before Mills, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on August 30, 2011.