Date: 20230215 Dockets: T-800-21 T-808-21 Citation: 2023 FC 220 Ottawa, Ontario, February 15, 2023

The burden is on the party trying to demonstrate custom to prove that there is a broad consensus and the existence of a band custom and whether or not it has been changed with the substantial agreement of the band members will always depend on the circumstances. [...] Does section 25 of the Charter assist the Respondent? (a) The Law [96] The parties correctly note that there has been little judicial consideration on the scope of section 25 of the Charter. [...] The majority of the Supreme Court did not comment on the application of section 25 of the Charter, other than to agree with the minority that the intervener failed to make a case for the application of section 25 (at para 20). [...] He found that the residency requirement, without the 14-day time limitation, did not infringe the appellant’s subsection 15(1) rights; and in the alternative, that section 25 of the Charter shielded the infringement. [...] The chambers judge did not err in finding that the residency requirement is a “law” within the meaning of section 32 of the Charter such that the Charter applies to the residency requirement (at paras 83-99); 2.