I just submitted a complaint to the Canadian Judicial Council for a case I am involved in. The presiding judge is now a member of the Federal Court of Appeal.

The case concerns the governance code of my home First Nation - Kwantlen. More than 3 years ago, I convened a General Assembly of my First Nation and we voted to remove the Hereditary Chief: aptnnews.ca/featured/kw…

Kwantlen, unlike most First Nations, has no democratic offices - all are controlled by the federally recognized Hereditary Chief. We believe this is a perversion of our traditional custom governance structure.

We had been attempting since 2019 to negotiate reform, and a third party had been brought in to facilitate: runnermag.ca/2019/03/kw…

But once COVID hit, the process slowed down and stopped. Reform was seemingly abandoned, and complaints began popping up across the community of overreach by the chief.

The chief in question is Marilyn Gabriel - you can see her in this clip, trying to silence a reporter who was asking questions at a provincial government press conference she was invited to: youtube.com/watch?v=4Hz…

We have been dealing with that sort of behaviour (and worse) for years. So after the General Assembly, we removed the chief, and elected 3 new council members, tasked with bringing in a new Governance Code and presenting it to the band membership for a vote. The code was to be based on the final report of the mediator from the first reform effort. That indicated that most band members wanted reform and some elected offices.

The chief and her group disputed the legitimacy of the General Assembly (even though she and her council were elected in an identical General Assembly decades earlier). We offered to hold a vote by western standards to address any deficiencies they saw with our Assembly. They rejected it, refused to participate. However, to prove our case, we held that vote anyway, and won by massive numbers - numbers which we believe would have been even greater if the chief and her lawyers hadn’t launched a lawsuit right before the vote.

That lawsuit was heard on January 18th and 19th, 2024 at the Vancouver Federal Court. indiginews.com/features…

Since that time, the only thing that’s happened is that the judge in question was elevated to the Federal Court of Appeal. But he went there without ruling on our case.

We currently have an injunction in place that prevents the reform side from continuing to actively pursue reform.

Over the course of the court process, the Chief’s side conceded on almost every single point about our governance process and the right of the people to remove her. When they started they said band members couldn’t legally hold a meeting, they said only she could remove herself. Now, the power is in our hands, and they only argument is about the procedural fairness of the General Assembly. But with no judgement, we can’t identify or correct any deficiencies and finish the job of removing her and restoring democracy. We’re trapped with this person, who has been ruling for an additional 3 years with a free hand.

We’ve reached out to the court several times, with delayed replies and promises that didn’t amount to anything. Consequently, I filed the complaint today. Here’s that complaint:

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I am a party to Federal Court case T-321-23, which concerns the legal governance structure of a First Nation. This complaint addresses Justice Pamel's failure to render a decision for nearly two years following the hearing.

Timeline of Events:

January 18-19, 2024: Hearing held before Justice Pamel. At the conclusion of the hearing, Justice Pamel stated that he would render his decision within a short period of time—approximately 1-2 months.

March 2024 (expected): No decision issued during the timeframe indicated by Justice Pamel.

September 20, 2024: Justice Pamel was elevated to the Federal Court of Appeal, approximately 8 months after the hearing. Still no decision had been issued.

March 31, 2025: My legal counsel contacted the Federal Court Registry requesting an update on the status of the decision and inquiring whether Justice Pamel remained seized of the matter.

August 12, 2025: The Registry responded (more than 4 months later), stating: "The Court is in receipt of the letter from counsel dated March 31, 2025, and regrets the delay with the issuance of its decision in this matter. Justice Pamel remains seized and the Court's decision in this matter should be issued within the coming weeks."

December 28, 2025: No decision has been issued. It has now been nearly 2 years since the hearing.

Impact of the Delay

This delay is causing severe and ongoing harm to an entire First Nation community:

1. Governance Paralysis: The First Nation is entering its fourth year without an agreed-upon government structure. This case determines the legal framework for how the Nation governs itself.

2. Interim Order Restrictions: An interim order issued in this case prohibits both parties from seeking community support regarding governance changes. This effectively silences democratic participation within the community.

3. Elections Suspended: No elections can be held until Justice Pamel renders his decision. The community cannot exercise its fundamental right to democratic self-governance.

4. Community Impact: The First Nation and its members are languishing in administrative and political limbo. Critical decisions affecting housing, economic development, social programs, and community wellbeing are affected by this governance uncertainty.

This is not a private dispute between two parties—this case affects the collective rights and governance of an entire Indigenous community.

Basis for Complaint

While I understand that judges have discretion regarding the timing of reserved judgments, I believe Justice Pamel's conduct in this matter raises serious concerns:

1. Broken Promise: Justice Pamel explicitly stated the decision would be rendered in 1-2 months. Nearly one year has passed.

2. Elevation Without Resolution: Justice Pamel accepted elevation to the Court of Appeal in September 2024 while still holding this decision under reserve.

3. False Assurances: In August 2025, the Court indicated the decision would be issued "within the coming weeks." More than four months have passed with no decision.

4. Disproportionate Impact: The delay disproportionately affects an Indigenous community's right to self-governance and democratic participation.

This delay appears to constitute a failure to fulfill the essential duties of judicial office. The Supreme Court has recognized that access to justice includes timely justice. A two-year delay in rendering a reserved decision—particularly one affecting Indigenous governance rights—undermines public confidence in the administration of justice.

Relief Sought

I respectfully request that the Canadian Judicial Council:

• Investigate this matter as potential judicial misconduct;

• Take appropriate remedial action to ensure Justice Pamel renders this decision immediately;

• Consider whether Justice Pamel should have declined elevation to the Court of Appeal while holding reserved decisions, or whether the Chief Justice should have reassigned this matter; and

• Establish clearer guidelines regarding acceptable timeframes for reserved decisions in cases affecting Indigenous rights and governance.