- Parties: The applicants were Ethel Mabel Aracil-Morin, Espana Aracil-Morin, and Remedios Garritty. The respondent was the Enoch Cree Nation.

- Subject Matter: Ethel Mabel Aracil-Morin was a member of the Enoch Cree Nation (ECN). Her children, Espana Aracil-Morin and Remedios Garritty, made requests to become band members of the ECN. On Aug. 17, 2022, the Chief and Council of the ECN issued decisions denying their requests under the 2004 ECN Membership Code because the children had membership in another band. The three applicants sought judicial review. They argued that the Membership Code’s provisions discriminated based on gender under s. 15 of the Canadian Charter of Rights and Freedoms and alternatively argued that the decisions were unreasonable.

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court found insufficient evidence to support the claim that the Membership Code’s provisions were discriminatory under s. 15 of the Charter. The court said that the applicants failed to provide evidence of differential treatment that perpetuated historical disadvantage in support of their claim. The court saw the decisions as reasonable since they were consistent with the Membership Code’s clear wording. However, the court accepted that the decisions not to grant the children membership in their mother’s home community were regrettable.

- Date: The hearing was set on July 12, 2023. The court released its decision on Sept. 28, 2023.

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

- Amount: The court awarded the respondent no costs.