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,  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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.