Kwanlin Dun Judicial Council

The Judicial Council

The Judicial Council is set up under KDFN’s constitution to protect the rights of Kwanlin Dün citizens.
The Council can deal with a citizen’s challenge of a decision of Chief and Council or another branch of KDFN’s government. It can also deal with concerns about how the Citizenship Code or the Elections and Referendum Code are applied.

For information on the Council’s work, contact the Judicial Council Administrator at 335-6726 or .(JavaScript must be enabled to view this email address).

Visit the Judicial Council's website at www.kwanlindunjudicialcouncil.ca

Excerpt from the Kwanlin Dun Constitution:


Composition of the Judicial Council

  1. The Judicial Council comprises the following five members, appointed by the Council for a five year term:
    1. one person selected by the Council;
    2. two persons appointed on the recommendation of the General Assembly; and
    3. two persons, appointed on the recommendation of the Elders Council.
  2. The Youth Council may appoint a representative to sit with the Judicial Council as a non-voting observer.
  3. At its first meeting each year, the members of the Judicial Council must appoint one of the members to be the Chair of the Judicial Council.
  4. Subject to section 57 (3) and (6), each member of the Judicial Council has equal authority and rights on the Judicial Council.
  5. Despite subsection (1), the term of office for the persons first appointed to the Judicial Council are as follows:
    1. two members will be appointed to serve for a term of 3 years;
    2. two members will be appointed to serve for a term of 4 years; and
    3. one member will be appointed to serve for a term of 5 years.
  6. Within 90 days after a vacancy arising in the Judicial Council, the body that recommended the member whose office has been vacated must recommend to the Council another person to be appointed to fill the remainder of the term under subsection (1).

Qualifications for Appointment

  1. Any Citizen who is at least 25 years of age may be appointed to the Judicial Council, except a person who:
    1. is a member of Council the Kwanlin Dün First Nation Citizenship Committee, or an employee of Kwanlin Dün First Nation; or
    2. has been Finally Convicted of an indictable offence under the Criminal Code of Canada within seven years immediately before the term of office begins.
  2. In considering appointing or recommending a person to the Judicial Council, the Council, General Assembly or Elder's Council, as applicable, may consider the person's:
    1. experience in resolving disputes;
    2. familiarity with Kwanlin Dün families and traditions; and
    3. personal suitability.
  3. A person ceases to be a member of the Judicial Council if a person is Finally Convicted of an indictable offence under the Criminal Code of Canada.
  4. The Council may suspend a member of the Judicial Council from office if the member has been charged with an indictable offence under the Criminal Code of Canada

Conditions of Service and Conduct

  1. The Council may determine the compensation and benefits of members of the Judicial Council.
  2. A member of the Judicial Council must not participate in proceedings regarding an Immediate Family Member.

Powers and Responsibilities of the Judicial Council

  1. The Judicial Council is responsible and has authority to perform any of the following functions:
    1. exercise any authority specifically assigned to it elsewhere in this Constitution, or in Kwanlin Dün First Nation law;
    2. consider and make a determination in accordance with Kwanlin Dün First Nation law on any appeal arising from:
      1. the administration of the Kwanlin Dün Citizenship Code; or
      2. the administration of the Kwanlin Dün Election and Referendum Code.
    3. consider an application by a Citizen for a review of any action by the Kwanlin Dün First Nation that may result in the violation of the rights and freedoms of the Citizens of the Kwanlin Dün First Nation, and make a declaratory order either:
      1. affirming the action, if it does not result in the violation of the rights and freedoms of the citizens of the Kwanlin Dün First Nation; or
      2. setting aside the action to the extent required to alleviate the violation of the rights and freedoms of the Citizens of the Kwanlin Dün First Nation.
    4. consider an application by a Citizen challenging a decision of the Council on any ground set out in section 47(1), if that decision has been upheld by the Council under section 47, and make a declaratory order either
      1. affirming the decision of the Council; or
      2. setting aside the decision of the Council.
    5. consider an application by a Citizen for a review of an administrative decision of Kwanlin Dün First Nation affecting that Citizen, and make a declaratory order either:
      1. affirming the administrative decision; or
      2. setting aside the administrative decision.
  2. A person may not bring an application referred to in subsection (1)(d) unless that person has first submitted a request to the Council to reconsider the matter under section 47.

Procedures of the Judicial Council

  1. The Judicial Council may seek the advice of the Elder's Council, Youth Council or professional advice on any matter before it.
  2. The Judicial Council may establish rules of procedure consistent with this Constitution regarding its proceedings.
  3. The Chair of the Judicial Council must preside at its meetings.
  4. Every member of the Judicial Council must consider every matter before the Judicial Council, but a member of the Judicial Council may not consider a matter in which that member, or an Immediate Family Member, has a personal interest.
  5. A decision supported by a majority of the members of the Judicial Council is the decision of the Judicial Council in that matter.
  6. If the Judicial Council is evenly divided on a matter before it, the Chair may decide the matter.
  7. The Judicial Council must give written reasons for its decisions.
  8. The Judicial Council must keep a record of its activities and decisions for public review.
  9. Kwanlin Dün First Nation law may establish additional requirements or procedures concerning the proceedings of the Judicial Council generally, or in relation to specific matters.