Aboriginal peoples
Appeal from decision of Minister of Indian Affairs and Northern Development dated October 3, 2005, refusing, under s. 10(7) of Indian Act, R.S.C., 1985, c. I-5, to give notice to Abenakis of Odanak that band would from now on have control of own membership, because majority of band electors not consulted—Interpretation of “majority of the electors of the band” in s. 10(1)—Not requiring application of absolute majority test (affirmative vote of majority of all band electors—Majority of those constituting quorum (first majority of electors) required (i.e. majority of majority)—Appeal allowed.
Band Council of the Abenakis of Odanak v. Canada (Minister of Indian Affairs and Northern Development) (A-100-07, 2008 FCA 126, Desjardins J.A., judgment dated April 4, 2008, 22 pp.)