Under Canadian law, people can challenge the decision of a body, such as a First Nation Council, by asking a court to review the decision both for fairness and for Charter Right violations.

What Cases can go to Federal Court?

The Federal Court can hear a case if:

the federal government has authority over the area, and
there is a federal law that applies, and
the Federal Court has been given the responsibility to deal with that law

Because they have jurisdiction over the Indian Act and related legislation, cases about First Nations' governing bodies, such as First Nation Council, can be heard by the Federal Court. This process is called judicial review.

Overview of the Process

The Federal Court of Canada website has a guide that explains how to apply for a judicial review. It also has the forms you need. When you open the forms from the website there are fillable online. You can also file these forms online. Your case can be heard over zoom instead of you needing to be there in-person.

The website also has a chart that outlines the steps in an application for judicial review. If there is an internal process to have the body review their decision you usually do this first. You have 30 days after you are informed of the final decision to start a judicial review. You start with a Notice of Application that you serve on the body that made the decision.

You also need the record of the proceedings that were held to make the decision. You can ask for these at the same time as your application or later. Within 30 days of starting your case you need to file and serve your evidence.

The last step before the hearing is to serve and file your Record. This includes your evidence, and a written explanation of why you say the decision was wrong.

Starting a Case in Federal Court

There are certain steps you need to take to start a case in Federal Court.

Serving the Notice of Application

Once you complete and file the Notice of Application you need to serve it and any evidence you are going to use.

Evidence for a Review

You need to gather your evidence and serve it on the other party.

Case Management in Federal Court

Case management is a way to resolve issues if possible and to prepare for a hearing.

Federal Court Hearings

You will need to request a hearing,understand how to prepare for a hearing and how to present your case.