Date: 20250325
Docket: A-270-24
Citation: 2025 FCA 70
CORAM: |
LASKIN J.A. ROUSSEL J.A. PAMEL J.A. |
BETWEEN: |
|
LAURA BIRD AND LLOYD YEW |
|
Appellants |
|
and |
|
CANADA (ATTORNEY GENERAL) AND CANOE LAKE CREE FIRST NATION |
|
Respondents |
|
Heard at Saskatoon, Saskatchewan, on March 25, 2025.
Judgment delivered from the Bench at Saskatoon, Saskatchewan, on March 25, 2025.
REASONS FOR JUDGMENT OF THE COURT BY: |
ROUSSEL J.A. |
Date: 20250325
Docket: A-270-24
Citation: 2025 FCA 70
CORAM: |
LASKIN J.A. ROUSSEL J.A. PAMEL J.A. |
|
BETWEEN: |
|
|
LAURA BIRD AND LLOYD YEW |
|
|
Appellants |
|
|
and |
|
|
CANADA (ATTORNEY GENERAL) AND CANOE LAKE CREE FIRST NATION |
|
|
Respondents |
|
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Saskatoon, Saskatchewan, on March 25, 2025).
ROUSSEL J.A.
[1] The appellants appeal a decision of the Federal Court (2024 FC 1204) dated July 29, 2024, dismissing their application for judicial review. The appellants challenge the Canoe Lake Cree First Nation Citizenship Law on the basis that it violates equality rights guaranteed by the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11. On appeal, they argue, amongst other things, that the Federal Court erred in finding that the matter could not be brought by application for judicial review in the absence of an underlying administrative decision being challenged.
[2] Leaving aside the fact that this issue does not appear to have been properly raised with the parties, we agree with the appellants and the respondent Canoe Lake Cree First Nation that the Federal Court erred in its determination of this issue. Consequently, the appeal will be allowed, the judgment of the Federal Court will be set aside, and the matter will be returned to the Federal Court for determination on all remaining issues. In the circumstances, there will be no order for costs.
"Sylvie E. Roussel"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: |
A-270-24 |
STYLE OF CAUSE: |
LAURA BIRD AND LLOYD YEW v. CANADA (ATTORNEY GENERAL) AND CANOE LAKE CREE FIRST NATION |
PLACE OF HEARING: |
SASKATOON, SASKATCHEWAN |
DATE OF HEARING: |
March 25, 2025 |
REASONS FOR JUDGMENT OF THE COURT BY: |
LASKIN J.A. ROUSSEL J.A. PAMEL J.A. |
DELIVERED FROM THE BENCH BY: |
ROUSSEL J.A. |
APPEARANCES:
Sonia Eggerman Michael W. Marschal Brian Wirachowksy |
For The Appellants LAURA BIRD AND LLOYD YEW |
William F. Kuchapski Evan Morrow |
For The Respondent CANADA (ATTORNEY GENERAL) |
Evan Duffy |
For The Respondent CANOE LAKE CREE FIRST NATION |
SOLICITORS OF RECORD:
MLT Aikins LLP Regina, Saskatchewan |
For The Appellants LAURA BIRD AND LLOYD YEW |
Shalene Curtis-Micallef Deputy Attorney General of Canada |
For The Respondent CANADA (ATTORNEY GENERAL) |
Bailey, Wadden & Duffy LLP Edmonton, Alberta |
For The Respondent CANOE LAKE CREE FIRST NATION |