Coalition To Save Northern Flood v. Canada et al., (1994) 99 Man.R.(2d) 276 (QB)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 20, 1994
• Jurisdiction: Manitoba
• Citations: (1994), 99 Man.R.(2d) 276 (QB)

Save Northern Flood v. Can. (1994), 99 Man.R.(2d) 276 (QB)

MLB headnote and full text

Coalition To Save Northern Flood (plaintiff) v. Her Majesty The Queen in Right of Canada, Her Majesty The Queen in Right of the Province of Manitoba, The Manitoba Hydro-Electric Board, Norway House Council of the Band, Ron Evans, Fred Clarke, Kenneth McKay, Larson Anderson, James Dixon and Mike Muswagon (defendants)

(Suit No. CI 94-01-85616)

Indexed As: Coalition To Save Northern Flood v. Canada et al.

Manitoba Court of Queen's Bench

Jewers, J.

December 20, 1994.

Summary:

The Coalition to Save Northern Flood sued for a temporary and permanent injunction restraining the Norway House Council of the Band from negotiating the implementation of the Northern Flood Agreement with the Manitoba Hydro-Electric Board and the federal and provincial government. The Coalition also sought a declaration that the Council and its members had not been des­ignated to represent the Norway House First Nation in the negotiations. The Council and its members moved to dismiss the claim against them. Manitoba Hydro moved to dismiss the claim against it.

The Manitoba Court of Queen's Bench dismissed the claim against Council, Council members and Manitoba Hydro.

Courts - Topic 4021

Federal Court of Canada - Jurisdiction - Trial Division - Relief against federal boards, commissions or tribunals - The Manitoba Court of Queen's Bench refused to grant injunctive and declaratory relief against an Indian Band Council - The court stated that an Indian Band Council was a federal board and only the Federal Court had jurisdiction.

Courts - Topic 4034

Federal Court of Canada - Jurisdiction - Trial Division - Prerogative relief, injunc­tions, etc. - [See Courts - Topic 4021 ].

Indians, Inuit and Métis - Topic 6221

Government of Indians - Band councils - General - [See Courts - Topic 4021 ].

Indians, Inuit and Métis - Topic 6265

Government of Indians - What laws gov­ern - Federal law - [See Courts - Topic 4021 ].

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - The Coalition to Save Northern Flood sued for a temporary and permanent injunction restraining the Norway House Council of the Band from negotiating the implementation of the Northern Flood Agreement with the Manitoba Hydro-Electric Board and the federal and provin­cial government - The Manitoba Court of Queen's Bench dismissed the claim against Manitoba Hydro-Electric Board, where the statement of claim did not allege any breaches of either common law or statu­tory duties on the part of Manitoba Hydro-Electric Board.

Cases Noticed:

Gabriel v. Canatonquin, [1981] 4 C.N.L.R. 61 (F.C.A.), refd to. [para. 5].

Chapman et al. v. Chicago et al. (1991), 52 O.A.C. 308; 5 O.R.(3d) 220 (Div. Ct.), refd to. [para. 5].

Statutes Noticed:

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18 [para. 3].

Counsel:

M.T. O'Neill, for the plaintiff;

C. Henderson, for Her Majesty The Queen in Right of Canada;

G.E. Hannon, for Her Majesty The Queen in Right of the Province of Manitoba;

R.D. Bettner, for the Manitoba Hydro-Electric Board;

P. Anderson, for Norway House Council of the Band, Ron Evans, Fred Clarke, Kenneth McKay, Larson Anderson, James Dixon and Mike Muswagon.

This motion was heard before Jewers, J., of the Manitoba Court of Queen's Bench, who delivered judgment on December 20, 1994.