Does a band have any corporate status?
British Columbia, Canada
The following excerpt is from Board of School Trustees v. Patrick, 2002 BCSC 19 (CanLII):
In the case of Montana v. Canada, 1997 CanLII 6380 (FC), [1998] 2 F.C. 3 (F.C.T.D.) at para 20, Reed J. stated “neither a band nor a band council have corporate status; nor is either a natural person in the eyes of the law.” She went on to note that a band has been described as an “unincorporated association of a unique nature, because it is created by statute rather than by consent of its members,” and that other commentators have noted that “[t]he rights and obligations of the band are quite distinct from the accumulated rights and obligation of the members of the band … [i]n law a band is in a class by itself”.
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