- Parties: The appellant was Delphine Stella Jack. The respondents were Robert Struthers, Brian Roberts, Alice Wildcat, and the Minister of Indigenous Services. 

- Subject Matter: The appellant wanted to void her mother’s will under s. 47 of the Indian Act, 1985. The Minister of Indigenous Service denied her request. The appellant appealed this decision. She argued that the Minister breached procedural fairness requirements by denying her a right of reply and that a reconsideration of her position with proper procedural protections could lead to a different result. 

- Ruling: The court ruled in the appellant’s favour, allowed the appeal, quashed the decision, and remitted the matter for reconsideration. The court held that the Minister failed to extend the required procedural fairness to the appellant. Specifically, upon weighing all the relevant factors, the court concluded that the Minister’s process did not meet the procedural fairness requirements under the Act’s relevant provisions, which were on the higher end of the procedural fairness spectrum. The Minister’s application of the Act unduly denied Indigenous peoples testamentary freedom and afforded less procedural protection to Indigenous peoples crafting their wills, the court said. The Minister did not provide the appellant a right to reply, which she was owed, the court added. 

- Date: The hearing was set on Sept. 18, 2023. The court released its decision on Jan. 2, 2024. 

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

- Amount: The court awarded no costs as none were sought.