Canada’s Federal Court Interferes With Band Membership Determination – Then Determines That Issue Is Moot

After the Whitesand First Nation revoked Elton Mitchell Diabo’s band membership, he appealed to Canada’s Federal Court.  The judge set aside the decision of the Band Council and ordered it to reinstate his membership after determining that the Band Council’s actions were “unfair.”  

The decision is here

On appeal, Whitesand was simply looking to have their 1986 Membership Code deemed valid.  Only Whitesand made submissions; Diabo didn’t challenge the validity of the Band’s Code and the Minister took no position.  Referring to Borowski v. Canada, [1989] 1 S.C.R. 342 and its mootness doctrine, the court declined to “turn [the] appeal into a private reference.”

One thought on “Canada’s Federal Court Interferes With Band Membership Determination – Then Determines That Issue Is Moot

  1. Mitchell Diabo April 2, 2011 / 9:13 am

    This can hardly be termed intereference when due process is denied someone and those in power choose to abuse that power and act irresponsibly.

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