Ackroyd LLP, on behalf of Kikino Metis Settlement, successfully opposes application for permission to appeal membership decision of the Metis Settlements Appeal Tribunal
On May 3, 2019, Madam Justice Bielby JA denied Donald Walter McCargar’s application for permission to appeal the decision of the Metis Settlements Appeal Tribunal (MSAT) dated February 27, 2019 that upheld a decision of Kikino Metis Settlement Council (KMSC) refusing Mr. McCargar’s application for membership in the Kikino Metis Settlement. Our Bill McElhanney and Alex Yiu represented the respondent, Kikino Metis Settlement, in this matter.
Mr. McCargar sought leave to appeal the decision of MSAT to a full panel of the Court of Appeal on the basis that MSAT erred in law or jurisdiction in determining that he did not meet the requirements of ss 78(1)(c) and 2(d) of the Metis Settlements Act, RSA 2000, c M-14, and in particular, that he was not committed to preserving a peaceful community as a statutory prerequisite to membership.
A full copy of the decision of Madam Justice Bielby can be found here.