In Montana First Nation v. Rabbit, the Federal Court of Canada recently reinstated the ousted Chief (Carolyn Buffalo) and a Councillor (Leonard Standingontheroad) of Montana First Nation in Alberta. They were temporarily suspended by the remaining Councillors for having brought onto the reserve a significant amount of contraband cigarettes without the required provincial stamp and storing them in a tribal facility. After a break-in and theft of some cigarettes, the RCMP were notified. When the RCMP saw the large amount of cigarettes remaining, they notified the Alberta Gaming and Liquor Commission, which seized them.
Using the three prong test as laid out in RJR-McDonald Inc. v. Canada , [1994] 1 SCR 311 for determining the entitlement of injunctive relief, the court reinstated Buffalo and Standingintheroad.
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