Battlefords Tribal Council Inc. et al. v. Federation of Saskatchewan Indians Inc. et al., (2007) 303 Sask.R. 116 (QB)

• Judge: Popescul, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 25, 2007
• Jurisdiction: Saskatchewan
• Citations: (2007), 303 Sask.R. 116 (QB);2007 SKQB 339

Battlefords Tribal v. Indians Federation (2007), 303 Sask.R. 116 (QB)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. OC.057

Battlefords Tribal Council Inc., Carrying on Business as Battlefords Tribal Council, and Gold Eagle Community Development Corporation, Little Pine First Nation, Lucky Man First Nation, Poundmaker Cree Nation, and Mosquito Grizzly Bear's Head Lean Man First Nations (applicants) v. Federation of Saskatchewan Indians, Inc., also known as Federation of Saskatchewan Indian Nations, and Chief Lawrence Joseph (respondents)

(2007 Q.B.G. No. 1063; 2007 SKQB 339)

Indexed As: Battlefords Tribal Council Inc. et al. v. Federation of Saskatchewan Indians Inc. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Popescul, J.

September 25, 2007.

Summary:

The Battlefords Tribal Council Inc. (BTC) applied for an "oppression remedy" under s. 225 of the Non-Profit Corporations Act (Act) against the Federation of Saskatchewan Indians, Inc. (FSI), "also known as" the Federation of Saskatchewan Indian Nations (FSIN), and Chief Lawrence Joseph of the FSIN (the respondents). The application involved the control and distribution of a casino's profits. The BTC had been designated as the host tribal council. It established a non-profit charitable corporation, mandated to distribute all revenues payable to it under agreements between the Saskatchewan government and the FSIN. However, at the 2007 spring session of the FSIN's Legislative Assembly, the Chiefs- in-Assembly approved a resolution purportedly replacing the BTC with another host tribal council for the casino. The respondents alleged, as a preliminary issue, that the FSIN was not the same as the Federation of Saskatchewan Indians, Inc., and that the impugned actions were that of the FSIN, which was not an entity registered under the Act. Therefore, they asserted that no remedy was available under s. 225 of the Act.

The Saskatchewan Court of Queen's Bench resolved the preliminary issue in favour of the respondents and dismissed the application.

Company Law - Topic 6505

Nonprofit corporations - General - Application of legislation - The Battlefords Tribal Council Inc. (BTC) applied for an "oppression remedy" under s. 225 of the Non-Profit Corporations Act (Act) against the Federation of Saskatchewan Indians, Inc. (FSI), "also known as" the Federation of Saskatchewan Indian Nations (FSIN), and Chief Lawrence Joseph of the FSIN (the respondents) - The application involved the control and distribution of a casino's profits - The BTC had been designated as the host tribal council - It established a non-profit charitable corporation, mandated to distribute all revenues payable to it under agreements between the Saskatchewan government and the FSIN - However, at the 2007 spring session of the FSIN's Legislative Assembly, the Chiefs-in-Assembly approved a resolution purportedly replacing the BTC with another host tribal council for the casino - The respondents alleged, as a preliminary issue, that the FSIN was not the same as the Federation of Saskatchewan Indians, Inc., and that the impugned actions were that of the FSIN, which was not an entity registered under the Act - The FSIN was a voluntary unincorporated association of the Chiefs in Saskatchewan - Therefore, the respondents asserted that no remedy was available under s. 225 of the Act - The Saskatchewan Court of Queen's Bench agreed and dismissed the application.

Indians, Inuit and Métis - Topic 6214

Government - Associations and corporations - Federation of Saskatchewan Indians - Saskatchewan Indian Chiefs met in the early 1980s to discuss the formation of a Legislative Assembly - These meetings ultimately produced the founding document of the Federation of Saskatchewan Indian Nations (FSIN) - On April 16, 1982, the Saskatchewan Indian Chiefs implemented "The Federation of Saskatchewan Indian Nations' Convention Act" - It was signed by 74 Saskatchewan Chiefs representing their respective bands - It defined the FSIN as follows: "'FSIN' or 'Federation of Saskatchewan Indian Nations' means the provincial political organization recognized by the Convention of April 16, 1982 and whose structure and representation is described herein." - The Saskatchewan Court of Queen's Bench discussed the nature and status of the FSIN - See paragraphs 12 to 39 - The court stated that "The FSIN, in its present state is not a non-profit corporation; rather, it is a political organization with, as yet, undetermined legal status. Perhaps one of the best descriptions of its identity would be a voluntary unincorporated association of the Chiefs in Saskatchewan which represents the interests of First Nations persons in Saskatchewan based upon the principles and procedures outlined in their founding document ..." - See paragraph 32.

Counsel:

William F.J. Hood and Janet L. Stevens, for the applicants;

Geoffrey D. Dufour, for the respondents.

This application was heard by Popescul, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on September 25, 2007.