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? — dismissed 10/20/2022 — Supreme Advocacy acted as agent for the Respondent.
Read the lower court decision from the FCA here.