This position is confirmed by Justice Reed in McLeod Lake Indian Band v. Chingee (1998), 1998 CanLII 8267 (FC), [1999] 1 C.N.L.R. 106 (F.C.T.D.) at paragraph 17 where she refers to what is “fairly established in the jurisprudence,” and this is that “the custom of the band is the practices for selecting the council of the band that are generally acceptable to members of the band, upon which there is a broad consensus.”
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