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I. Introduction
II. Louie v. Louie
Background and Facts: Money for Nothing, Cheques for Free
The Trial Decision
The Court of Appeal Decision
Who Bears the Onus of Proving a Breach of Fiduciary Duty?
Indian Act Division of Powers
The Indian Act Saves the Day
Band Council's Conflict of Interest
What Louie v. Louie Stands For
Does Louie v. Louie Expand Judicial Notice of Band Council Corruption?
III. Aftermath of Louie v. Louie - Hold On, It Ain't Over Just Yet
From One Courtroom to Another
Arbitration I
The Federal Court and the Band Council's Oath of Office
Arbitration II
How Much Did It All Cost and Who Paid for It?
IV. Conclusion
December 2019
"Yeah, I took the money", was all that needed to be said to set the stagefor a dramatic court case. After that was said, you could hear the humming of the lights. No one knew what money was taken, but the Lower Kootenay Indian Band, and indeed, the rest of Canada, would soon find out not only how much money was taken, but who else also took the money.
The Plaintiff in Louie v. Louie was indigent, and initially without counsel. He faced retribution from the Defendant Chief and Council. He never had access to any Band money or resources to hold his Chief and Council accountable. On the other hand, the Defendant Chief and Band Council had all the power, they used Band money and resources to fight the Plaintiff Band member, and they had a full-time staff, including a seasoned consultant and a senior legal counsel, at their immediate disposal. The power imbalance was patent.
Louie v. Louie is more than just a case about a breach of fiduciary duty of a Band Chief and Council. This case also highlights the inherent problems of accountability within the ambit of Indigenous governance, as well as challenges a Band member face when they seek access to justice. The Canadian courts will very likely come to hear more cases like Louie v. Louie. So, it is important for judges, lawyers, the academia, and especially Chiefs and Councils to appreciate the events leading up to, at and after the Louie v. Louie judgement.
I. Introduction
Louie v. Louie invokes a concept at...