Justin Philip Abbott v. Canada (Attorney General), et al.
(Federal) (Civil) (By Leave)
Administrative law - Judicial review - Administrative law — Judicial review — Enrolment as member of Qalipu Mi’kmaq First Nation Band (“QMFN”) — Federation of Newfoundland Indians (FNI”) and Canada signed agreements for recognition of QMFN, a band without a reserve created under Indian Act — Application for enrolment as founding member of QMFN initially approve but after providing further information applicant informed requirements not met — Lower courts dismissing application for judicial review of decision — Whether agreement authorized parties to agree by supplemental agreement to re assess all applicants who had been accepted as founding members and received Indian status or was this a fundamental change to agreement that required consultation and ratification by membership — Whether agreement authorized parties to agree by supplemental agreement to direct that all founding members be re assessed in accordance with new criteria and a point assessment system or was this a fundamental change that required consultation and ratification by membership — Whether applicant was reassessed in accordance with rules of procedural fairness.
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The QMFN is a band without a reserve created under the Indian Act after years of litigation and negotiations between Canada and the FNI. They negotiated agreements to create a band to recognize members of the Mi’kmaq group of Indians who have a current and substantial cultural connection to Mi’kmaq communities on the island of Newfoundland. The applicant, Mr. Abbott’s application for enrolment as a founding member of the QMFN was approved in 2011. Pursuant to a supplemental agreement, Mr. Abbott was required to provide further information and resubmit his application. In 2017, he was informed he failed to meet the requirements and cannot be registered as an Indian under the Indian Act.
Mr. Abbott filed an application for judicial review in the Federal Court. His application was dismissed. The Federal Court of Appeal also dismissed his further appeal.
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