Case information

Administrative law — Judicial review — Standard of review — Natural adult children of registered Band member denied membership in First Nation Band — What is the standard of deference that should be accorded to a First Nation government, acting in its capacity as the membership committee for the First Nation, when interpreting its own Membership Code pursuant to subsection 10(2) of the Indian Act, when the First Nation has assumed control of its membership in accordance with subsection 10(1)? — What degree of deference should be accorded a Band Council or membership committee of a First Nation when interpreting its Membership Code in accordance with a long standing “custom”? — Whether the trial judge and the Federal Court of Appeal in this case were correct in concluding that the definition of “natural child” includes persons who were the biological children of Band members, regardless of age? — Whether it is reasonable to conclude that a vote on a person’s right to become a member of a First Nation precludes any further appeal to Council or to the courts? — Peters Indian Band Membership Code — Indian Act, R.S.C., 1985, c. I-5, s. 10.

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In August 2018, the applicant Peters First Nation Band Council (“Band Council”) rejected applications for Band membership from the respondents, Brandon Engstrom and Amber Ragan. The respondents are the adult children of Robert Dwayne Peters, a member of the Peters First Nation. Under Part III of the Peters Indian Band Membership Code, everyone who is a natural child of a parent whose name is registered on the Band List is entitled to membership in the Peters First Nation. Relying on the “one parent” rule for membership, the respondents sought judicial review of the Band Council’s decision. The Federal Court allowed the respondents’ application for judicial review of the Band Council decision, and ordered the Band Council to take all necessary steps to grant the respondents membership in the Peters First Nation Band. The Federal Court of Appeal unanimously upheld the Federal Court’s decision, affirming that the respondents were entitled to membership under the Membership Code.