Indian Act & common law result in case being dismissed
The Deceased, a member of the Okanagan Indian Band, left a will dividing the residue of his estate between five people, some of whom were not members of the Band. Part of the estate consisted of interests in properties within the Okanagan Indian Reserve. The beneficiaries reached an agreement between themselves providing for the sharing of income generated from the Reserve properties. After many years, disputes arose between the member and non-member beneficiaries, and the member beneficiaries were sued for breaching the agreement. Andrew Powell, with Tom Christensen, argued successfully that the agreement was void and unenforceable for offending the Indian Act and the common law, resulting in the case against their clients being dismissed.
Casimir v. Parker, 2019 BCSC 939 (June 12, 2019)