Does the custom Election Code reflect the practice established or adopted by the persons to whom the code applies and who have accepted to the code?

Canada (Federal), Canada

The following excerpt is from Collard v. Betsiamites Innu Nation (Election Code), 2009 FC 812 (CanLII):

The customs documented in a custom Election Code reflect the practice established or adopted by the persons to whom the code applies and who have accepted to be governed by it. Setting down an election process in keeping with custom aims, among other things, to keep disputes out of the courts and thus spare bands the financial consequences that litigation with respect to such disputes can bring (McLeod Lake Indian Band v. Chingee, 1998 CanLII 8267 (FC), [1998] 153 F.T.R. 257, 82 A.C.W.S. (3d) 414, at paragraphs 8 to 9).

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