Simon's Legal Resources

Federal Court - JR - Justiciability

. Saddle Lake Cree Nation #462 v. Collins [Charter s.25 '']

In Saddle Lake Cree Nation #462 v. Collins (Fed CA, 2026) the Federal Court of Appeal dismissed an appeal from a Federal Court JR, here brought against a ruling "that the decision to deny the right to vote to Bill C-31 members was unreasonable" - where Bill-31 "had the effect of reinstating status to women, and by extension to their children, who had lost their Indian status upon marrying non-status men".

Here the court usefully sets out basics of Federal Court 'JR-justiciability':

[10] Moreover, section 18.1 of the Federal Courts Act, R.S.C. 1985, c. F-7 (FCA) captures a broad range of conduct and is not limited to "a decision or an order of a federal board". An application for judicial review may be made "“by anyone directly affected by the matter in respect of which relief is sought”" (subsection 18.1(1) of the FCA; see Key First Nation v. Lavallee, 2021 FCA 123 at paras. 34-35). This includes, as the Federal Court noted, Ms. Collins seeking a declaration on the constitutional validity of the Voting Prohibition, which in essence constitutes the "“matter”" of the application for judicial review (Federal Court decision at para. 50).