Pikangikum First Nation v. Canada (Minister of Indian Affairs and Northern Development), (2002) 224 F.T.R. 215 (TD)

• Judge: O'Keefe, J.
• Court: Federal Court (Canada)
• Case Date: June 17, 2002
• Jurisdiction: Canada (Federal)
• Citations: (2002), 224 F.T.R. 215 (TD)

Pikangikum First Nation v. Can. (2002), 224 F.T.R. 215 (TD)

MLB headnote and full text

Temp. Cite: [2002] F.T.R. TBEd. DE.039

Pikangikum First Nation as represented by Chief and Council (applicant) v. Her Majesty the Queen in Right of Canada as represented by the Minister of Indian and Northern Affairs (respondent)

(T-785-01; 2002 FCT 1246)

Indexed As: Pikangikum First Nation v. Canada (Minister of Indian Affairs and Northern Development)

Federal Court of Canada

Trial Division

O'Keefe, J.

November 29, 2002.

Summary:

The Minister of Indian Affairs and Northern Development required Pikangikum First Nation to enter into a co-management agreement, failing which the Ministry would withhold funding and deliver programs through an agent of the Minister. The Pikangikum First Nation applied for judicial review.

The Federal Court of Canada, Trial Division, allowed the application, holding that the decision of the Minister to require co-management was invalid due to a breach of the duty of procedural fairness.

Administrative Law - Topic 2442

Natural justice - Procedure - Notice - When required - [See Indians, Inuit and Métis - Topic 6334 ].

Courts - Topic 4021.1

Federal Court of Canada - Jurisdiction - Trial Division - Decisions of federal boards, commissions or tribunals (incl. ministers) - The Minister of Indian Affairs and Northern Development decided that the Pikangikum First Nation should enter into a co-management agreement or funds would be withheld and programs would have to be delivered through an agent of the Minister - The Pikangikum First Nation applied for judicial review - The Minister argued that the decision was not subject to judicial review - The Federal Court of Canada, Trial Division, stated that it was satisfied that the Minister's decision was a decision of a "federal board, commission or other tribunal" such that it fell within the purview of section 18.1 of the Federal Court Act, and accordingly, the court had jurisdiction to consider an application for judicial review of the decision - The court stated further that the Minister's decision should only be disturbed if it was patently unreasonable - See paragraphs 83 to 85.

Crown - Topic 685

Authority of ministers - Exercise of - Administrative decisions - Judicial review -[See Courts - Topic 4021.1 ].

Indians, Inuit and Métis - Topic 6334

Government - Self-government - Co-management agreements or third party management - The Minister of Indian Affairs and Northern Development required Pikangikum First Nation to enter into a co-management agreement, failing which the Ministry would withhold funding and deliver programs through an agent of the Minister - The Pikangikum First Nation applied for judicial review - The Federal Court of Canada, Trial Division, allowed the application and declared that the decision of the Minister to require co-management was invalid due to a breach of the duty of procedural fairness - The court stated that the imposition of either a co-manager or third party manager must be done on notice to the recipient of what the difficulty or default is so that the recipient can attempt to address the difficulty or default - There was insufficient notice in this case - See paragraphs 1 to 111.

Cases Noticed:

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 93].

Gough v. National Parole Board, [1991] 2 F.C. 117; 40 F.T.R. 91 (T.D.), refd to. [para. 102].

Statutes Noticed:

Department of Indian Affairs and Northern Development Act, R.S.C. 1985, c. I-6, sect. 2(1), sect. 2(2), sect. 4 [para. 80].

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18.1 [para. 81].

Federal Court Rules (1998), rule 70(4) [para. 82].

Counsel:

Joseph Magnet, for the applicant;

Colleen Sveinson-Geary and Mary Ann S. Thompson, for the respondent.

Solicitors of Record:

Joseph Eliot Magnet, Ottawa, Ontario and Keshen & Major, Kenora, Ontario, for the applicant;

Department of Justice Canada, Winnipeg, Manitoba, for the respondent.

This application was heard on June 17, 2002, at Winnipeg, Manitoba, by O'Keefe, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on November 29, 2002.