Kitsumkalum Agreement-in-Principle
Judicial Review
32.
An applicant or a Party may apply to the Supreme Court of British Columbia to review or set
aside a decision of the Enrolment Appeal Board, or any body established under subparagraph
38.a), on the grounds that the Enrolment Appeal Board or body established under subparagraph
38.a)
a)
acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its
jurisdiction;
b)
failed to observe procedural fairness;
c)
erred in law; or
d)
based its decision on an erroneous finding of fact that it made in a perverse or capricious
manner or without regard for the material before it.
33.
On an application for judicial review the Supreme Court of British Columbia may either dismiss
the application, or set aside the decision and refer the matter back to the Enrolment Appeal
Board or any body established under subparagraph 38.a)for determination in accordance with
such directions as the Supreme Court of British Columbia considers appropriate.
34.
Where the Enrolment Appeal Board or any body established under subparagraph 38.a), refuses
or fails to hear or decide an appeal within a reasonable time, the applicant or a Party may apply
to the court for an order directing the Enrolment Appeal Board or the body established under
subparagraph 38.a) to hear or decide the appeal in accordance with such directions as the
Supreme Court of British Columbia considers appropriate.
35.
An applicant or a Party may apply for judicial review within 60 days of receiving notification of
the decision of the Enrolment Appeal Board or any body established under subparagraph 38.a)
or a longer time that may be determined by the Supreme Court of British Columbia.
Costs
36.
Canada and British Columbia will provide agreed upon funding for the Enrolment Committee
and Enrolment Appeal Board.
Enrolment after the Initial Enrolment Period
37.
The Enrolment Committee and the Enrolment Appeal Board will be dissolved when they have
rendered decisions in respect of those applications or appeals made or commenced before the
end of the Initial Enrolment Period. On dissolution the Enrolment Committee and the Enrolment
Appeal Board will provide their records to Kitsumkalum and upon request to British Columbia
or Canada.
38.
Following the Initial Enrolment Period, Kitsumkalum will:
a)
be responsible for an enrolment process, including the application of the Eligibility
Criteria, and the administrative costs of that process;
b)
maintain the Enrolment Register;
c)
provide a true copy of the Enrolment Register to Canada and British Columbia as they
request; and
d)
provide information concerning enrolment to Canada and British Columbia as they
request.
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