What is the content of custom in the context of band elections?
Canada (Federal), Canada
The following excerpt is from Standinghorn v. Atcheynum, 2007 FC 1137 (CanLII):
Justice Luc J. Martineau addressed the content of band custom in the context of band elections in Mohawk of Kanesatake v. Mohawk of Kanesatake (Council), 2003 FCT 115, [2003] F.C.J. No. 156, wherein he set out, at paragraph 36: For a rule to become custom, the practice pertaining to a particular issue or situation contemplated by that rule must be firmly established, generalized and followed consistently and conscientiously by a majority of the community, thus evidencing a "broad consensus" as to its applicability.
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