What remedies are available for a judicial review of a Minister's conduct in negotiating a treaty with an aboriginal group?
British Columbia, Canada
The following excerpt is from Cook v. The Minister of Aboriginal Relations and Reconciliation, 2007 BCSC 1722 (CanLII):
The prerogative remedies, to which the pragmatic and functional analysis (see Pushpanathan v. Canada (Minister of Employment and Immigration), 1998 CanLII 787 (SCC), [1998] 1 S.C.R. 1222, 11 Admin. L.R. (3d) 130) would apply, do not easily lend themselves to a judicial review under the JRPA of the Minister’s conduct in negotiating a treaty with an aboriginal group.
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