# Can my local band council change the rules for community housing?

- Jurisdiction: Canada
- Practice area: Tenancy Law
- Published: 2026-10-28
- Last updated: 2026-10-28
- Canonical: https://lawasked.com/ca/tenancy-law/can-my-local-band-council-change-rules-community

## Question

I live on a First Nation reserve in British Columbia and have been renting a small house from the band council for about four years now. Back in January of last year, the council passed a new programme regarding how housing is allocated to families. They told me that because of our community's traditional customs and collective interests, they are prioritising certain family lineages for the new housing developments, even if some people have been waiting longer. This means my application for a larger home, which I submitted two years ago, is being pushed back indefinitely to favour these specific group rights. I have already spoken to the band administrator and attended two community meetings to voice my concerns about my individual right to fair access, but they just keep saying that their customary laws regarding the community's collective welfare must come first. I am feeling very frustrated because I feel like my personal needs are being ignored for the sake of the group. I am unsure if there is any way to challenge this decision if the council claims their traditional way of doing things overrides my individual right to equal treatment under the law.

## Summary

It depends on how the council's decision balances your rights against the community's. While the council can use traditional laws to prioritize certain groups, they must do so in a way that respects the legal requirement to balance individual and collective interests.

## Analysis

Whether you can challenge the council's decision to push back your application for a larger home depends on how the law views the tension between your rights and the community's traditions. Under the Canadian Human Rights Act, when a complaint is made against a First Nation government or band council, the law must be applied in a specific way. 

The law states that the Act "shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests..." [1]. This means that the legal system recognizes that your band council has the right to follow traditional customs, such as prioritizing specific family lineages for housing. However, the law does not give the council unlimited power; it requires a "balancing" [1] of your individual needs against the group's needs. 

In your case, the council is using customary laws to justify prioritizing certain groups over your two-year-old application. While the law supports their right to consider collective welfare, it also requires that this process respects the balance between you and the group. This balance must also be "consistent with the principle of gender equality" [1]. 

It is currently unsettled whether the specific way the council is pushing back your application indefinitely meets this legal standard of 'balancing.' The law does not provide a simple 'yes' or 'no' on whether their specific housing program is valid, as it depends on whether the council's decision-making process actually weighed your individual rights against the collective interests as required by law.

## Statutory citations

- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 1.2 - Regard to legal traditions and customary laws [in force] (https://laws-lois.justice.gc.ca/eng/acts/H-6/index.html#s-1.2)
  > this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and interests against collective rights and interests, to the extent that they are consistent with the principle of gender equality.
- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 165 - Pardons in effect — references in other legislation [in force] (https://laws-lois.justice.gc.ca/eng/acts/H-6/index.html#s-165)
  > A reference to a record suspension... is deemed also to be a reference to a pardon

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