[2012] 3 F.C.R. D-11
Aboriginal Peoples
Lands
Judicial review of Minister of Indian Affairs and Northern Development’s decision refusing to cancel five Certificates of Possession (CP) pursuant to Indian Act, R.S.C., 1985, c. I-5, s. 27—Condition precedent to obtaining CP that individual be lawfully in possession of land—Minister’s delegate failing to properly consider this question, reaching unreasonable conclusion—Applicants requesting cancellation of CPs because purported allocation of land invalid—Furthermore, because band council not allotting or recognizing allotment of land according to CPs, recipients thereof not lawfully in possession of land—Mistakes made in administration of estate, allocation of CPs falling within ambit of “error” contemplated by Act, s. 27—Application allowed.
Square v. David (T-708-06, 2012 FC 624, Rennie J., judgment dated May 23, 2012, 11 pp.)