In what circumstances will a court uphold a decision made by a member of an Indian band that had previously been governed by section 74 of the Indian Act?

In Bone v. Sioux Valley Indian Band No. 290 Council (1996), 107 F.T.R. 133, a band that had previously been governed by section 74 of the Indian Act elected to become a custom band. This change was approved after two plebiscites were held in which a majority of the voters approved the change. It was not entirely clear whether they had also approved the election code that was eventually used to select the chief and council under the new custom regime. In determining that the election, which had been held in accordance with that code, was valid, Mr. Justice Heald adopted the words of Mr. Justice Strayer in Bigstone, to the effect that the custom of a band indicates practices that are generally acceptable to the members of the band and upon which there is broad consensus. He continued at pages 141-2: . . . .