First Nation must give tenants chance to appeal evictions, Yukon judge rules

A Yukon Supreme Court judge says the Kwanlin Dün First Nation (KDFN) must give its tenants a chance to appeal before they can be evicted from First Nation housing.

The case stems from two evictions carried out by the First Nation, against tenants Honey Star Sidney and Teresa Ward.

The two complained of their evictions to the Kwanlin Dün judicial council, which decided that Sidney and Ward had not been given a fair appeal hearing by the First Nation.

The judicial council found that some members of the appeal panel were involved in the original decision to evict the women, so the process was unfair.

The council ordered the evictions be overturned, prompting the First Nation to take the case to the Supreme Court. The First Nation argued that its judicial council has no authority to overturn an eviction decision. 

The First Nation has no rules of its own for landlords and tenants, so Yukon laws apply.

"It is ironic that KDFN, as a self-governing First Nation, is applying to give a narrow interpretation to the jurisdiction of its own Judicial Council," Justice Ron Veale wrote in his ruling.

Veale says the judicial council does have the right to review KDFN decisions that might affect citizen rights.

But he also ruled that the eviction orders against Sidney and Ward stand, though they are entitled to have their appeals heard again "by a properly constituted Kwanlin Dün Housing Committee, should Ms. Sidney and Ms. Ward wish to proceed in that forum."