ABORIGINAL PEOPLES Registration
Application for declaratory order applicant member of Norway House Cree Nation (NHCN) since 1988; for certiorari quashing respondent’s decision terminating applicant’s membership in NHCN; in alternative, for mandamus compelling NHCN council to make decision respecting 1998 application for membership—Application dismissed—In 1987, applicant registered in Indian Register pursuant to Indian Act —Department of Indian and Northern Affairs’ confirmation letter instructed applicant NHCN had, under Act, s. 10, assumed control of its membership, application for band membership should therefore be sent to Band Manager; to obtain Certificate of Indian Status, applicant had to complete application, send it to Band Manager—Applicant submitted required application to obtain Certificate, but NHCN never carried out process set out in Membership Code and Rules of Norway House Indian Band (Membership Code) adopted by NHCN in June 1987, approved by responsible Minister as required by Act, s. 10(7)—Applicant arguing claim to membership established by acquiescence as in some ways treated as Band member by NHCN—Regardless of treatment by band, person not member until, unless membership rules complied with—No evidence herein applicant added to Band List in accordance with NHCN membership rules—Although applicant received certain rights normally accorded only to NHCN members, any benefits received by applicant granted to him without authority or on basis of error by Band—Errors cannot be used to justify membership status without adherence to proper procedure set out in Membership Code—Therefore, applicant not member of NHCN in 1988 or at any time following—Applicant’s 1998 application for membership duly considered by Membership Committee, recommendation made to Chief and Council—Chief and Council deciding not to act on recommendation “pending further information on charges against applicant”—Letter formally advising applicant thereof, requesting written report, sent 19 months after meeting— Applicant did not comply with request for information—Chief and Council had inherent authority to request further information—One of requirements for extraordinary remedy of mandamus is that person seeking it must have satisfied all conditions precedent giving rise to duty—Applicant herein refused to provide requested written report—Absent complian-ce with request, applicant not having clear right to performance of duty of respondent to either allow or deny application— Once requested information provided to respondent, if latter continues to “stonewall” applicant’s application, mandamus may be appropriate—For now, application for mandamus premature—Indian Act, R.S.C., 1985, c. I-5, s. 10 (as am. by R.S.C., 1985 (1st Supp.), c. 32, s. 4).
Sandberg v. Norway House Cree Nation Band Council (T-1365-01, 2005 FC 656, Snider J., order dated 10/5/05, 12 pp.)