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Chief Duckworth wins Judicial Review against the Caldwell First Nation Band Council

Federal Court: Chief Mary Duckworth’s removal was improper

LEAMINGTON, ONTARIO, CANADA, June 28, 2021 /EINPresswire.com/ -- A Judicial Review conducted by the Federal Court has determined that Mary Duckworth's removal as Chief of the Caldwell First Nation Band Council was improper and has been rescinded.

“This is a big victory for me, but more importantly for the people of the Caldwell First Nation who have twice elected me as their Chief,” said Chief Duckworth. “The Federal Court agreed that the method by which the council removed me as chief was improper, unfair, and unreasonable. I look forward to returning to work on behalf of the people of the Caldwell First Nation right away.”

Representing Chief Duckworth was lawyer Kathryn Marshall of Milburn & Associates. “This was a long and hard-fought battle. We always knew that Council’s decision was wrong. The Court's decision is a great vindication,” said Marshall.

Mary Duckworth was elected as the Chief of the Caldwell First Nation on two separate occasions but was removed as Chief by the council in September 2020. She applied for a Judicial Review of her removal by the Federal Court. On June 24, 2021, the Federal Court found that her removal did not meet the standard of procedural fairness and was overturned. This decision sets important precedence for accountability and fairness in the decision-making process of Band Councils.

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