Registrar of Indian and Northern Affairs v. Sinclair, 2003 FCA 265

• Judge: Desjardins, Nadon and Sexton, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 11, 2003
• Jurisdiction: Canada (Federal)
• Citations: 2003 FCA 265;(2003), 320 N.R. 182 (FCA);[2004] 3 WWR 89;[2003] SJ No 437 (QL);235 Sask R 250

Indian Affairs v. Sinclair (2003), 320 N.R. 182 (FCA)

MLB headnote and full text

Temp. Cite: [2004] N.R. TBEd. MY.046

The Registrar of the Indian Register, Indian and Northern Affairs Canada and the Attorney General of Canada (appellants) v. John Jeremiah Sinclair (respondent)

(A-39-02)

John Jeremiah Sinclair (appellant) v. The Registrar of the Indian Register, Indian and Northern Affairs Canada and the Attorney General of Canada (respondents)

(A-239-02; 2003 FCA 265)

Indexed As: Registrar of Indian and Northern Affairs v. Sinclair

Federal Court of Appeal

Desjardins, Nadon and Sexton, JJ.A.

June 11, 2003.

Summary:

Pursuant to s. 18.3 of the Federal Court Act, the Registrar of the Indian Register, joined by the Attorney General of Canada, referred the following questions to the court for determination: (1) whether the Registrar would err in law in deciding that, under the provisions of the Indian Act, Sinclair was not entitled to have his name entered on the Indian Register and assigned an Indian Registry number under the Indian Act; and (2) if the first question was answered in the negative, would the Registrar err in law in deleting Sinclair's name and Indian registry number from the Indian Register pursuant to s. 5(3) of the Indian Act, prior to Sinclair exhausting his protest and appeals against the decision under ss. 14.2 and 14.3 of the In­dian Act, on the basis that the deletion of his name and registry number would cause Sin-clair to lose access to the benefits avail­able to him as a registered Indian residing in the province of Alberta, pending the deter­mina­tion of his appeals.

The Federal Court of Canada, Trial Divi­sion, in a decision reported at 203 F.T.R. 275, answered "no" to the first question.

The Federal Court of Canada, Trial Divi­sion, in a decision reported at 215 F.T.R. 194, answered "yes" to the second question. The Registrar and the Attorney General ap-pealed. Sinclair also appealed.

The Federal Court of Appeal held that the jurisdiction of the Trial Division on a refer­ence by a federal board, commission or other tribunal under s. 18.3(1) of the Federal Court Act did not extend to questions which in-volved disputed facts such as those raised in this reference. The Trial Division there­fore lacked jurisdiction to hear the reference as brought by the Registrar. The court quashed the appeals and the decisions of the Trial Division.

Courts - Topic 4016

Federal Court of Canada - Jurisdiction - Trial Division - General - Pursuant to s. 18.3 of the Federal Court Act, the Regis­trar of the Indian Register, joined by the Attorney General of Canada, referred two questions to the Federal Court of Canada, Trial Division for determination - Both questions required clarification on the status of Isabelle Courteoreille prior to the signature of Treaty No. 8 - The facts of the case were highly disputed - The Feder­al Court of Appeal held that the Trial Di-vision lacked jurisdiction to hear the refer­ence as brought by the Registrar - The jur­isdiction of the Trial Division on a refer­ence by a federal board, commission or other tribunal under s. 18.3(1) of the Fed­eral Court Act did not extend to ques­tions which involved disputed facts such as those raised in this reference.

Practice - Topic 3761

References and inquiries - When available - General - [See Courts - Topic 4016 ].

Practice - Topic 3791

References and inquiries - References by tribunals to the courts - General - [See Courts - Topic 4016 ].

Cases Noticed:

Air Canada, Re (1999), 241 N.R. 157 (F.C.A.), refd to. [para. 5].

Immigration Act, Re (1991), 137 N.R. 64 (F.C.A.), refd to. [para. 5].

Martin Service Station Ltd. v. Minister of National Revenue, [1977] 2 S.C.R. 996; 9 N.R. 257, refd to. [para. 5].

Statutes Noticed:

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18.3(1) [para. 4].

Counsel:

Marc LeClair and Michelle LeClair-Harding, for John Jeremiah Sinclair;

John B. Edmond, for the Registrar of the Indian Register, Indian and Northern Affairs Canada, and the Attorney General of Canada.

Solicitors of Record:

[not disclosed]

These appeals were heard on June 11, 2003, at Ottawa, Ontario, before Desjardins, Nadon and Sexton, JJ.A., of the Federal Court of Appeal. The following decision of the Court of Appeal was delivered orally by Desjardins, J.A., on the same date.