Digests

Federal Court Jurisdiction

Judicial review of decision by Wikwemikong Tribal Police Service (WTPS) dismissing applicant, former First Nations constable, for discreditable conduct—WTPS established by Wikwemikong First Nation to provide primary policing services—Applicant dismissed from position over allegations of using, selling drugs—Principal issues whether Court having jurisdiction, whether WTPS “federal board, commission or other tribunal” within meaning of Federal Courts Act—Band council establishing WTPS pursuant to tripartite agreement between federal, provincial, aboriginal governments—Significant public interest element in having policing of First Nations done by First Nations constables pursuant to agreement—Band council therefore acting as “federal board, commission or other tribunal”—However, not necessarily following that WTPS in dismissing applicant also acting as such—Several cases finding institutions, posts established by band councils enjoying same “federal board, commission or other tribunal” status by extension—Police force depending on band council for existence, thus force properly characterized as federal board, commission, other tribunal—First Nations police forces therefore having distinct federal character—Moreover, Indian Act, R.S.C., 1985, c. I-5, s. 81(1)(c) empowering bands to establish police force—Court satisfied ITO—International Terminal Operators Ltd. v. Miida Electronics Inc. et al. test for assumption of jurisdiction met—Application dismissed.

Pitawanakwat v. Wikwemikong Tribal Police Service (T-1921-09, 2010 FC 917, Zinn J., judgment dated September 15, 2010, 25 pp.)