Penton v. Métis Nation of Alberta Association, (1995) 171 A.R. 140 (QB)

• Judge: Ritter, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 15, 1995
• Citations: (1995), 171 A.R. 140 (QB)

Penton v. Métis Nation of Alta. Assoc. (1995), 171 A.R. 140 (QB)

MLB headnote and full text

M. James Penton (applicant) v. Métis Nation of Alberta Association (respondent)

(Action No. 9503-01253)

Indexed As: Penton v. Métis Nation of Alberta Association

Alberta Court of Queen's Bench

Judicial District of Edmonton

Ritter, J.

May 15, 1995.

Summary:

The Senate of the Métis Nation suspended Penton's membership in the Métis Nation. Penton applied for judicial review.

The Alberta Court of Queen's Bench allowed the application.

Administrative Law - Topic 526

The hearing and decision - Conduct of hearing - Adjournments - Penton was called before the Métis Senate to substan­tiate his right to hold membership in the Métis Nation - He asked for an adjourn­ment so he could obtain some documents in the Senate's possession - The Senate granted the ad­journment - The Senate sat the next two days in Penton's absence and deter­mined the matter on its merits - The Alberta Court of Queen's Bench held that once the Senate granted the adjournment it was required to provide Penton with rea­sonable notice of the date the hearing was adjourned to and the failure to do so was a breach of natural justice - See para­graphs 37 to 43.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal - Bias - Apprehension of - Penton was called before the Métis Senate to substantiate his right to hold member­ship in the Métis Nation - Four members of the Senate admitted bias and declined to hear the merits of the matter - Penton claimed that other members were biased - The four members who had admitted bias continued to sit to determine the composi­tion of the Senate and whether other members were biased - The Alberta Court of Queen's Bench held that there was a clear statement of an apprehension of bias and judicial review was available regard­less of the nature of the function being exercised by the board - See paragraphs 32 to 36.

Administrative Law - Topic 2442

Natural justice - Procedure - Notice - When required - [See Administrative Law - Topic 526 ].

Indians, Inuit and Métis - Topic 2107

Nations, tribes and bands - Bands - Membership - The Senate of the Métis Nation suspended Penton's membership in the Nation claiming that he lacked the necessary heritage - He had been a mem­ber for six years - Penton claimed that the Sen­ate lacked jurisdiction to determine his mem­bership because it was limited to deter­mining applications for membership or suspending members for "grave con­duct" - Penton claimed that lack of the necess­ary heritage was not grave conduct - The Alberta Court of Queen's Bench refused to interfere with the Senate's deci­sion where it was not patently unreason­able - See paragraphs 18 to 23.

Indians, Inuit and Métis - Topic 6240.4

Government of Indians - Métis Nation - Bylaws - The Senate of the Métis Nation suspended Penton's membership in the Nation - Penton claimed that the Senate lost its jurisdiction because it did not act in accordance with the Charter of Rights, Freedoms and Responsibilities of the Métis Nation and the "Laws of St. Laurent" - The Alberta Court of Queen's Bench stated that although the Senate could set fairness standards for itself, "where those standards restrict or prevent the Senate from the exercise of a capacity granted it by the [Nation's] bylaws then the standards move beyond the realm of administrative fairness in the sense of procedural matters and into the substantive aspects of the decision itself" - The court held that the Senate did not lose jurisdiction - See paragraphs 26 to 31.

Cases Noticed:

Harcourt v. Association of Professional Engineers (Ont.), [1931] 39 O.W.N. 462 (Div. Ct.), refd to. [para. 20].

Broadbent v. 1600 Club of Southern Manitoba, [1935] 2 W.W.R. 539 (Man. C.A.), refd to. [para. 21].

Suncor Inc. v. McMurray Independent Oil Workers, Local No. 1 (1982), 42 A.R. 166; 142 D.L.R.(3d) 305 (C.A.), refd to. [para. 22].

Northside Electric Ltd. v. International Brotherhood of Electrical Workers, Local 424 and Labour Relations Board (Alta.) (1983), 53 A.R. 114; 30 Alta. L.R.(2d) 173 (Q.B.), refd to. [para. 22].

Friends of the Athabasca Environmental Association et al. v. Alberta Public Health Advisory and Appeal Board et al. (1994), 153 A.R. 225 (Q.B.), refd to. [para. 27].

Knight v. Board of Education of Indian Head School Division No. 19, [1990] 1 S.C.R. 653; 106 N.R. 17; 83 Sask.R. 81, refd to. [para. 29].

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police and Ontario (Attorney General), [1979] 1 S.C.R. 311; 23 N.R. 410; 88 D.L.R.(3d) 671; 78 C.L.L.C. 14,181, refd to. [para. 35].

Martineau v. Matsqui Institution Disciplin­ary Board (No. 2), [1980] 1 S.C.R. 602; 30 N.R. 119; 50 C.C.C.(2d) 353; 106 D.L.R.(3d) 385; 13 C.R.(3d) 1, refd to. [para. 35].

Piggott Construction Co. v. United Brotherhood of Carpenters and Joiners of America, Local 1990 (1972), 31 D.L.R.(3d) 758 (Sask. Q.B.), refd to. [para. 37].

Harelkin v. University of Regina, [1979] 2 S.C.R. 561; 26 N.R. 364; [1979] 3 W.W.R. 676; 96 D.L.R.(3d) 14, refd to. [para. 45].

Counsel:

Carol M. Zukiwski, for the plaintiff;

Thomas R. Owen, for the defendant.

This application was heard by Ritter, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on May 15, 1995.