Is the Minister responsible for issuing a Certificate of Possession under subsection 20(2) of the Indian Act?
Canada (Federal), Canada
The following excerpt is from Batchewana First Nation of Ojibways v. Corbiere, 2000 CanLII 16712 (FC):
I am satisfied that the respondent Minister is, when issuing a Certificate of Possession under subsection 20(2) of the Indian Act, making an administrative decision or exercising a discretionary power so that when making that administrative decision the Minister acts as a federal board, commission or other tribunal within the meaning of section 18.1 of the Federal Court Act. See: Fee v. Bradshaw, 1982 CanLII 177 (SCC), [1982] 1 S.C.R. 609.
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