The Innu council of Pessamit v. St-Onge, 2019 FCA 13

Date: 20190123

Docket: A-42-18

Citation: 2019 FCA 13

[ENGLISH TRANSLATION]

Heard at Québec, Quebec, on January 23, 2019.

Judgment delivered from the Bench at Québec, Quebec, on January 23, 2019.

Date: 20190123

Docket: A-42-18

Citation: 2019 FCA 13

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Québec, Quebec, on January 23, 2019.)

GLEASON J.A.

[1] We are of the opinion that this appeal must fail.

[2] In this case, the reasonableness standard applies.

[3] Like Justice St-Louis of the Federal Court, we conclude that the resolution of the Innu Council of Pessamit must be set aside and that the 2015 Code cannot validly govern the election held on August 17, 2016. Further, even if we accepted the appellants’ argument that the Council was entitled to amend the 2015 Code by way of resolution, despite the adoption of Chapter 9 of the 1994 Code codifying the Band’s custom, such amendment could not be made, as the appellants admit, without broad consensus within the Band. Despite the eloquent oral submissions of counsel for the appellants, we do not believe, that, in the instant case based on the evidence in the record, the Council could reasonably conclude that the adoption of the 2015 Code reflected such consensus.

[4] The appeal will therefore be dismissed, with costs, set at the mid-point of column III since this case does not justify costs on a solicitor-and-client basis or on a higher scale than usual.

“Mary J.L. Gleason”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

APPEARANCES:

SOLICITORS OF RECORD: