George v. Heiltsuk First Nation
Haydn George
Law Firm / Organization
Rosenberg & Rosenberg, P.A.
Lawyer(s)

Ian Kennedy

Heiltsuk Tribal Council
Law Firm / Organization
Ng Ariss Fong Lawyers

- Parties: The applicant was Haydn George. The respondent was the Heiltsuk Tribal Council. 

- Subject Matter: The applicant, who was not Indigenous, lost his employment at Bella Bella’s school and sought to remain at Heiltsuk Nation’s reserve at Bella Bella. A resolution of the Heiltsuk Tribal Council asked him to leave. A second resolution prohibited him from being present in the traditional territory, including the reserve and the surrounding area. His judicial review application challenged the two resolutions. 

- Ruling: The court granted the applicant leave to bring the judicial review application against more than one decision but dismissed the application. The court concluded that it lacked jurisdiction to review the conduct challenged by the application. The first resolution regarding matters arising under Canadian law did not affect the applicant’s rights because, under the by-law, his right to reside on the reserve already ceased upon the termination of his employment, the court held. On the other hand, the Council did not “exercise jurisdiction or powers conferred by or under an Act of Parliament” to adopt the second resolution, which was a condition precedent to the court’s judicial review jurisdiction, the court said. The Council’s dealings with the applicant’s subsequent employer were a private matter not properly subject to judicial review, the court added. 

- Date: The hearing was set on Nov. 6, 2023. The court released its decision on Dec. 15, 2023. 

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

- Amount: The court ordered the parties to file costs submissions. 

Federal Court
T-835-22
Aboriginal law
$ 0
Other
13 April 2022