CBA-NS - Aboriginal Law Section Meeting
Fiduciary Duties of Band Councils
The British Columbia Court of Appeal in Louie v Louie, 2015 BCCA 247, declared that five band councilors breached their fiduciary duty to the band when they paid themselves $5,000 from band funds. The Court of Appeal ordered each of them to disgorge this amount. This case is the most recent of a number of decisions subjecting band councils to a high level of scrutiny in their operations and governance.
Kelly will discuss the fiduciary duties owed by band councils to their membership, and the specific obligations imposed on band councilors acting as fiduciaries. Kelly will also reflect on strategies available to band councils seeking to discharge their obligations to members and to enhance the accountability and transparency of their governments.
- Kelly McMillan, Pink Larkin