| Citation: |
Ochapowace First Nation v. Canada (Attorney General), 2009 FCA 124, [2009] 3 F.C.R. D-19 |
A-464-07 |
Constitutional Law
Aboriginal and Treaty Rights
Appeal from Federal Court decision ([2008] 3 F.C.R. 571) dismissing judicial review of Royal Canadian Mounted Police (RCMP) decision not to lay charges against Crown agency as result of flooding of reserve lands—Issue, reviewability of exercise of police discretion, extent to which affected by honour of Crown—Application Judge’s analysis treating police, prosecutorial discretion as aspects of single discretionary power—Affirmation in R. v. Regan, [2002] 1. S.C.R. 297, police, Attorney General having independent discretion to exercise preferable—RCMP’s decision objectively justifiable as “flagrant impropriety” not established—Honour of Crown not engaged—Exercise of police discretion existing in different legal context from Crown’s obligations respecting Aboriginal peoples—Concepts of consultation, accommodation not coexisting with independent exercise of police, prosecutorial discretion—Appeal dismissed.
Ochapowace First Nation v. Canada (Attorney General) (A-464-07, 2009 FCA 124, Pelletier J.A., judgment dated April 24, 2009, 17 pp.)