Louison v. Ochapowace First Nation et al., 2015 FC 68

• Judge: Mactavish, J.
• Court: Federal Court (Canada)
• Case Date: January 12, 2015
• Jurisdiction: Canada (Federal)
• Citations: 2015 FC 68;(2015), 473 F.T.R. 316 (FC)

Louison v. Ochapowace First Nation (2015), 473 F.T.R. 316 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. FE.013

William Louison (applicant) v. Ochapowace First Nation, 312050 Saskatchewan Ltd., and Minister of Indian Affairs and Northern Development Canada (respondents)

(T-1284-13; 2015 FC 68)

Indexed As: Louison v. Ochapowace First Nation et al.

Federal Court

Mactavish, J.

January 19, 2015.

Summary:

For over a decade, the Ochapowace First Nation had tried to evict Louison from lands that he had occupied from as early as 1997. The First Nation's most recent effort involved serving a Notice to Vacate the property on Louison in July of 2013. Louison brought an application challenging the Notice to Vacate, asserting that the lands in question were rightfully possessed by him as a descendant of the original holders of the land, and as a member of the Kahkewistahaw First Nation. Louison sought an order prohibiting the Ochapowace First Nation from "dispossessing" him of the land that he occupied, arguing that the Ochapowace First Nation did not have a legitimate legal interest in the land.

The Federal Court dismissed the application. Louison was attempting to re-litigate a legal issue that had already been finally determined against him by the Saskatchewan courts.

Indians, Inuit and Métis - Topic 503

Rights - General - Individuality v. collectivity - [See Indians, Inuit and Métis - Topic 5505 ].

Indians, Inuit and Métis - Topic 5505

Lands - Reserves - Title - For over a decade, the Ochapowace First Nation had tried to evict Louison from lands that he had occupied from as early as 1997 - The First Nation's most recent effort involved serving a Notice to Vacate the property on Louison in July of 2013 - Louison brought an application challenging the Notice to Vacate, asserting that the lands in question were rightfully possessed by him as a descendant of the original holders of the land, and as a member of the Kahkewistahaw First Nation - Louison sought an order prohibiting the Ochapowace First Nation from "dispossessing" him of the land that he occupied, arguing that the Ochapowace First Nation did not have a legitimate legal interest in the land - The Federal Court dismissed the application - Louison was essentially trying to assert Aboriginal title to the lands in question - The Saskatchewan Court of Queen's Bench had already determined in other proceedings between these parties that Aboriginal title was held communally, and that Louison did not have standing to assert Aboriginal title on behalf of the Kahkewistahaw First Nation - The Saskatchewan Court of Appeal upheld that finding, and the Supreme Court of Canada denied leave to appeal that decision - Louison was attempting to re-litigate a legal issue that had already been finally determined against him by the Saskatchewan courts.

Indians, Inuit and Métis - Topic 5512

Lands - Reserves - Possession of property - Power of band - [See Indians, Inuit and Métis - Topic 5505 ].

Cases Noticed:

Louison v. Ochapowace Indian Band No. 71 et al. (2011), 369 Sask.R. 258; 2011 SKQB 87, affd. (2011), 377 Sask.R. 19; 528 W.A.C. 19; 2011 SKCA 119, leave to appeal denied (2013), 459 N.R. 399 (S.C.C.), refd to. [para. 12].

Delgamuukw et al. v. British Columbia et al., [1997] 3 S.C.R. 1010; 220 N.R. 161; 99 B.C.A.C. 161; 162 W.A.C. 161; 153 D.L.R.(4th) 193, refd to. [para. 16].

Louison v. Ochapowace Indian Band No. 71 et al., [2013] Sask.R. Uned. 102; 2013 SKQB 428, refd to. [para. 21].

Penner v. Niagara Regional Police Services Board et al., [2013] 2 S.C.R. 125; 442 N.R. 140; 304 O.A.C. 106; 2013 SCC 19, refd to. [para. 31].

Counsel:

Adam N. Crocker, for the applicant;

Mervin C. Phillips, for the respondents, Ochapowace First Nation and 312050 Saskatchewan Ltd.

Solicitors of Record:

Stephaniuk Law Office, Yorkton, Saskatchewan, for the applicant;

Phillips & Co., Phillips Legal Professional Corporation, Regina, Saskatchewan, for the respondents, Ochapowace First Nation and 312050 Saskatchewan Ltd.

This application was heard on January 12, 2015, at Regina, Saskatchewan, before Mactavish, J., of the Federal Court, who delivered the following decision on January 19, 2015.