Reducing Judicial Review Risk In Indigenous Governance Decisions

Indigenous governments, like other governments in Canada, make decisions and exercise their authority in ways that can be subject to review by the courts. Effective governance and decision-making processes are critical to reducing the risk of judicial review, which can delay, alter or even overturn decisions. Having decisions overturned on judicial review can lead to legal and financial consequences, instability or internal conflict within communities.

While there is no way to completely avoid the risk of a court challenge, Indigenous governments can implement practices to help reduce the likelihood of a decision being challenged. Best practices can include knowing the source of the authority for the decision, following the required process, keeping a reliable record and clearly communicating outcomes to affected parties.