Hunt v. Kwakiutl First Nation
David Thomas Hunt
Law Firm / Organization
Unrepresented
Elected Kwakiutl Band Chief and Council
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Parker Humchitt
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Michelle Hunt
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Marc Peeler
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Alex Wilson
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Barney Wilson
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Margaret Wilson
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP
Natasha Wilson
Law Firm / Organization
Clark Wilson LLP
Lawyer(s)

Saul Joseph

Law Firm / Organization
Dentons Canada LLP

- Parties: The applicant was David Thomas Hunt. The respondents were the Elected Kwakiutl Band Chief and Council, Natasha Wilson, Margaret Wilson, Alex Wilson, Barney Wilson, Parker Humchitt, Michelle Hunt, and Marc Peeler. 

- Subject Matter: This judicial review application arose from a dispute regarding the custom of the Kwakiutl (or Kwagiutl) First Nation (KFN) for selecting its leaders. The applicant alleged that, for thousands of years, the Kwakiutl people have appointed their leaders rather than electing them. He argued that, as the eldest descendant of the former Head Chief of the Kwakiutl, he was the rightful successor to the role. 

- Ruling: The court ruled in the respondents’ favour and dismissed the application. The court held that the evidence corroborated the respondents’ position and that the applicant failed to meet his onus of showing that the KFN’s custom for selecting its leaders was as he described. The court concluded that the KFN’s adherence to its Election Code fell “within a range of possible, acceptable outcomes which are defensible in respect of the facts and the law” in line with the ruling in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. 

- Date: The hearing was set on Oct. 30, 2023. The court released its decision on Mar. 5, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court ordered the applicant to pay the respondents costs determined in accordance with the mid-point of Column III of Tariff B of the Federal Courts Rules. 

Federal Court
T-1982-22
Aboriginal law
Respondent
28 September 2022