Sagkeeng First Nation v. Canada (Attorney General) et al.

• Jurisdiction: Federal Jurisdiction (Canada)
• Court: Federal Court (Canada)
• Judge: Strickland, J.
• Citation: [2015] F.T.R. TBEd. OC.017,2015 FC 1113
• Date: 20 April 2015

Sagkeeng First Nation v. Can. (A.G.), [2015] F.T.R. TBEd. OC.017

MLB being edited

Currently being edited for F.T.R. - judgment temporarily in rough form.

Temp. Cite: [2015] F.T.R. TBEd. OC.017

Sagkeeng First Nation (applicant) v. Attorney General of Canada and The Minister of Aboriginal Affairs and Northern Development Canada (respondents)

(T-722-12; 2015 FC 1113)

Indexed As: Sagkeeng First Nation v. Canada (Attorney General) et al.

Federal Court

Strickland, J.

September 24, 2015.

Summary:

Aboriginal Affairs and Northern Development Canada (AANDC) provided funding to the Sagkeeng First Nation for payment of its employees' benefits through the Band Employees Benefits Program, the particulars of which were set out in the Band Employee Benefits Program Policy (BEB Policy). The Director, Funding Services Operations, Manitoba Region, AANDC, decided to only partially fund the Sagkeeng First Nation's employer contributions to its defined benefits pension plan for its teachers. The First Nation applied for judicial review under s. 18.1 of the Federal Courts Act. Issues arose as to whether the court had jurisdiction to hear the judicial review application, whether the judicial review application was premature and whether the AANDC committed a reviewable error.

The Federal Court held that the court had jurisdiction to review the decision under s. 18(1)(b) of the Federal Courts Act; however, the application was premature as the remedies in the BEB Policy had not been exhausted. In the result, the court remitted the matter to the AANDC for adjudication pursuant to the BEB Policy.

Administrative Law - Topic 3202

Judicial review - General - Scope or standard of review - See paragraphs 11 to 13.

Administrative Law - Topic 3302

Judicial review - General - Bars - Alternate remedy - See paragraphs 54 to 111.

Administrative Law - Topic 3345.1

Judicial review - General - Practice - Evidence (incl. new evidence) - See paragraphs 14 to 46.

Administrative Law - Topic 7096

Judicial review - Bars - Discretionary bars - Existence of convenient or adequate alternative remedy - See paragraphs 54 to 111.

Courts - Topic 4021.1

Federal Court of Canada - Jurisdiction - Federal Court - Decisions of federal boards, commissions or tribunals - See paragraphs 47 to 53.

Indians, Inuit and Métis - Topic 6283

Government - Education - Funding (incl. funding for teachers' pensions) - See paragraphs 54 to 111.

Counsel:

Anthony Lafontaine Guerra, for the applicant;

Paul Anderson and Kristine Whittaker, for the respondents.

Solicitors of Record:

Myers Weinberg LLP, Winnipeg, Manitoba, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Winnipeg Manitoba, for the respondent.

This application was heard in Winnipeg, Manitoba, on April 20, 2015, before Strickland, J., of the Federal Court, who delivered the following decision in Ottawa, Ontario, on September 25, 2015.