Crow v. Blood Band
T-3061-90
Heald D.J.
30/1/96
14 pp.
Plaintiff, former Blood Band councillor, deposed by defendants according to Band custom selection process following auditor's report revealing irregularities in departments for which plaintiff responsible-Custom selection process and Band Custom Election Bylaws precluding plaintiff's nomination for new chief-Meanwhile, initial order by Minister of Indian Affairs declaring Blood Band chief and councillors to be selected by elections held in accordance with Indian Act revoked by subsequent order having effect of reverting Band to custom selection process as reflected by band Custom Election Bylaws-Cumulative effect of Minister's order such that Blood Band's election procedures governed by custom selection process-Subsequent order vacating initial order valid as within jurisdiction and powers of Minister (Badger v. Canada, [1991] 1 F.C. 191 (T.D.))-Indian Act, s. 78 provision regarding tenure and eligibility for offices of chief or councillor applying only to band councils elected in accordance with Act and not to band councils chosen according to band custom-Word "chosen" suggesting manner of selection of band council not limited to election process; as s. 78 using word "election" such procedure not applicable where band council selected otherwise-Charter, s. 3 right applicable only with respect to federal or provincial election; plaintiff's contention removal from office and preclusion from nomination infringing Charter, s. 3 rights without merit-Charter, s. 7 not infringed as plaintiff neither barred from participating in election as elector nor prevented from pursuing political ambitions in other political arenas-Action dismissed-Indian Act, R.S.C., 1985, c. I-5, s. 78-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 3, 7.