Sheard v. Cheppewas of Rama First Nation Band Council
T-2405-95
McKeown J.
8/5/96
7 pp.
Application to quash band council resolution ordering common law husband, non-status husband of status Indian woman, removed from territory-Applicant wife entering rental purchase lease with band for 15-year term-Living in premises with common law husband and four children-Due to several complaints by community members regarding husband and to ensure safety and well-being of community members, Band Council passing resolution without notice to either applicant husband to be removed by police department and charges to be laid if found on First Nation territory in future-Respondent claiming Indian Act, s. 28 providing lease void if permits anyone other than member of band to use or occupy reserve land-Band also relying on by-law making power in Indian Act, s. 81(1)(p) to support action-No evidence resolution ever made by-law-Applicants entitled to notice of meeting at which resolution passed and to information on nature of complaints against husband-Regardless of husband's status on reserve, resolution invalid-Indian Act, R.S.C., 1985, c. I-5, s. 28(1).