Lake Babine Indian Band et al. v. Williams et al., (1996) 194 N.R. 44 (FCA)
| Judge | Marceau, Robertson and McDonald, JJ.A. |
| Court | Federal Court of Appeal (Canada) |
| Case Date | February 05, 1996 |
| Jurisdiction | Canada (Federal) |
| Citations | (1996), 194 N.R. 44 (FCA) |
Lake Babine Indian Band v. Williams (1996), 194 N.R. 44 (FCA)
MLB headnote and full text
Emma Williams, Warner Adam, Mary Ann Perry, Sylvester Charlie, Ted Lowley Sr., Frank Michell, Sue Ann Alec, John West Jr., Leonard Lowley and Her Majesty The Queen (appellants/defendants) v. Nancy Thomas, Chief of the Lake Babine Band, a body of Indians declared to be a Band for the purposes of the Indian Act by P.C. 1973-3571, and Garnet William and Fred William (respondents/plaintiffs)
(A-649-95)
Indexed As: Lake Babine Indian Band et al. v. Williams et al.
Federal Court of Appeal
Marceau, Robertson and
McDonald, JJ.A.
February 5, 1996.
Summary:
In June of 1994, Thomas et al. were elected Chief and Councillors of an Indian Band. The election was disputed and a second election was held in August of 1994. In September, the Minister of Indian Affairs recognized the Chief and Councillors elected in the second election. In 1995, Thomas and those elected in the first election filed a statement of claim alleging that the second election was invalid and a nullity. They requested a declaration that those elected in the first election constituted the only legal governing body or, alternatively, that another election be held. The defendants applied to have the statement of claim struck out.
The Federal Court of Canada, Trial Division, dismissed the application. The defendants appealed.
The Federal Court of Appeal allowed the appeal and struck out the statement of claim.
Practice - Topic 2239.2
Pleadings - Striking out pleadings - Grounds - Action prescribed or barred by limitation period - Thomas et al. commenced an action by statement of claim requesting that an election be declared a nullity and that Thomas et al. be recognized as constituting the legal governing body of an Indian Band (i.e., a writ of quo warranto) - The defendants applied to have the statement of claim struck out - The defendants submitted that the court lacked jurisdiction because s. 18(3) of the Federal Court Act stated that an application for quo warranto had to be made by way of judicial review - Even if the action could be converted to an application for judicial review, it would fail because the 30 day limitation period had expired - The Federal Court of Appeal struck out the statement of claim.
Practice - Topic 2241
Pleadings - Striking out pleadings - Grounds - Lack of jurisdiction - [See Practice - Topic 2239.2 ].
Cases Noticed:
Cairns et al. v. Farm Credit Corp. et al., [1992] 2 F.C. 115; 49 F.T.R. 308 (T.D.), refd to. [para. 2].
Beauvais v. R., [1982] 1 F.C. 171 (T.D.), refd to. [para. 2].
Banerd v. Canada et al. (1994), 88 F.T.R. 14 (T.D.), refd to. [para. 2].
Jock et al. v. Canada (Minister of Indian and Northern Affairs) et al., [1991] 2 F.C. 355; 41 F.T.R. 189 (T.D.), refd to. [para. 3].
Huron-Wendat Nation Council v. Laveau and Gros-Louis, [1987] 3 F.C. 647; 14 F.T.R. 50 (T.D.), refd to. [para. 3].
Bruce v. Reynett, [1979] 2 F.C. 697 (T.D.), refd to. [para. 3].
Canatonquin v. Gabriel, [1980] 2 F.C. 792 (F.C.A.), refd to. [para. 4].
Statutes Noticed:
Federal Court Act, R.S.C. 1985, c. F-7, sect. 2 [para. 4]; sect. 18(1)(a), sect. 18(1)(b), sect. 18(3) [para. 3]; sect. 18.1(2), sect. 18.4(2) [para. 4].
Federal Court Rules, rule 419(1)(a) [para. 2].
Counsel:
Jacqueline Ott and Maria Morellato, for the appellants/defendants;
Dick Byl, for the respondents/plaintiffs.
Solicitors of Record:
Blake, Cassels & Graydon, Vancouver, British Columbia, for the appellants/defendants;
Dick Byl Law Corp., Prince George, British Columbia, for the respondents/plaintiffs.
This appeal was heard on February 5, 1996, at Vancouver, British Columbia, before Marceau, Robertson and McDonald, JJ.A., of the Federal Court of Appeal.
On February 5, 1996, Robertson, J.A., delivered the following judgment from the Bench for the Court of Appeal.
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Tremblay v. Canada (Procureur général), (2004) 327 N.R. 160 (FCA)
...Nation No. 444 (1999), 247 N.R. 254 (Fed. C.A.). Judicial review cannot be obtained in the action: Lake Babine Indian Band v. Williams (1996), 194 N.R. 44 (Fed. C.A.). The result may be a series of proceedings, one seeking judicial review of a decision, another seeking consequential damages......
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Rosenberg v. Canada Revenue Agency, (2015) 479 F.T.R. 240 (FC)
...Huzar et al. v. Canada et al. (2000), 258 N.R. 246 (F.C.A.), refd to. [para. 48]. Lake Babine Indian Band et al. v. Williams et al. (1996), 194 N.R. 44 (F.C.A.), refd to. [para. Krause et al. v. Canada et al., [1999] 2 F.C.R. 476; 236 N.R. 317 (F.C.A.), refd to. [para. 56]. Mikail v. Canada......
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Gamblin v. Norway House Cree Nation Band Council et al., (2012) 424 F.T.R. 125 (FC)
...of quo warranto, cannot be granted. That procedure appears to have been approved in Lake Babine Indian Band et al. v. Williams et al. (1996), 194 N.R. 44 (F.C.A.). Robertson J.A. states at paragraphs 3 and 4: [3] It is to be noted at the outset that the appellants do not dispute the jurisdi......
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Balfour v. Norway House Cree Nation et al., (2006) 288 F.T.R. 182 (FC)
...of quo warranto, cannot be granted. That procedure appears to have been approved in Lake Babine Indian Band et al. v. Williams et al. (1996), 194 N.R. 44 (F.C.A.). Robertson, J.A., states at paragraphs 3 and 4: '[3] It is to be noted at the outset that the appellants do not dispute the juri......
-
Tremblay v. Canada (Procureur général), (2004) 327 N.R. 160 (FCA)
...Nation No. 444 (1999), 247 N.R. 254 (Fed. C.A.). Judicial review cannot be obtained in the action: Lake Babine Indian Band v. Williams (1996), 194 N.R. 44 (Fed. C.A.). The result may be a series of proceedings, one seeking judicial review of a decision, another seeking consequential damages......
-
Rosenberg v. Canada Revenue Agency, (2015) 479 F.T.R. 240 (FC)
...Huzar et al. v. Canada et al. (2000), 258 N.R. 246 (F.C.A.), refd to. [para. 48]. Lake Babine Indian Band et al. v. Williams et al. (1996), 194 N.R. 44 (F.C.A.), refd to. [para. Krause et al. v. Canada et al., [1999] 2 F.C.R. 476; 236 N.R. 317 (F.C.A.), refd to. [para. 56]. Mikail v. Canada......
-
Gamblin v. Norway House Cree Nation Band Council et al., (2012) 424 F.T.R. 125 (FC)
...of quo warranto, cannot be granted. That procedure appears to have been approved in Lake Babine Indian Band et al. v. Williams et al. (1996), 194 N.R. 44 (F.C.A.). Robertson J.A. states at paragraphs 3 and 4: [3] It is to be noted at the outset that the appellants do not dispute the jurisdi......
-
Balfour v. Norway House Cree Nation et al., (2006) 288 F.T.R. 182 (FC)
...of quo warranto, cannot be granted. That procedure appears to have been approved in Lake Babine Indian Band et al. v. Williams et al. (1996), 194 N.R. 44 (F.C.A.). Robertson, J.A., states at paragraphs 3 and 4: '[3] It is to be noted at the outset that the appellants do not dispute the juri......