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ARTICLE · 03 APRIL 2014

Agricultural Law NetLetter: Friday, March 21, 2014 - Issue 296

Miller Thomson
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A twice-monthly current awareness service reviewing recent cases on land use and other matters in an agricultural context.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS **

  • A Federal Court Justice has held that an Indian Band Council which chose not to renew an agricultural permit for a farmer had to give the farmer reasonable notice and an opportunity to be heard with respect to its decision. The Court quashed the decision of the Band Council for the Blood Indians First Nation and directed it to afford a hearing, on notice, to the farmer, as well as affected Band members. Band Council had entered into agreements with a number of Band members to request permits to be issued by the Minister of Indian Affairs for the farmer in question. Over 56,000 acres of land and over 500 Band members were involved. (Hengerer v. Blood Indians First Nation, CALN/2014-011, [2014] F.C.J. No. 259, Federal Court)

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