Horseman v Horse Lake First Nation, 2013 FCA 159
| Federal Court of Appeal
The Chief of the Horse Lake First Nation brought an application for judicial review disputing a meeting of the band council (the "Council") that had been convened by the respondent councillors. At this meeting, the Council removed his spouse from her position of authority within the band controlled corporation. The Chief filed a motion for an interim injunction to attempt to undo the termination his spouse. This included: "restor[ing] banking and signing authorities as they were, stay[ing] all dismissals of staff, stay[ing] all contracts with companies owned by band councillors, to pay per capita distributions equally to all band members, and provid[ing] notice of all meetings of the band council and band controlled corporations to the appellant". The appeal was dismissed. The meeting was classified as between the directors of the IRC, a provincially incorporated company. Since the company is provincially incorporated, it does not fall within the jurisdiction of the federal courts.
The Interim Injunction was dismissed prior to appeal. It was put before the Court that the alleged Council meeting was in fact a meeting of the board of directions for the Horse Lake First Nation Industrial Relations Corporation (“IRC”). The IRC is a provincially incorporated company.
The Interim Injunction was dismissed prior to appeal. It was put before the Court that the alleged Council meeting was in fact a meeting of the board of directions for the Horse Lake First Nation Industrial Relations Corporation (“IRC”). The IRC is a provincially incorporated company.