Coalition To Save Northern Flood v. Canada et al., (1995) 106 Man.R.(2d) 28 (QB)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 01, 1995
• Jurisdiction: Manitoba
• Citations: (1995), 106 Man.R.(2d) 28 (QB)

Save Northern Flood v. Can. (1995), 106 Man.R.(2d) 28 (QB)

MLB headnote and full text

Coalition To Save Northern Flood (plaintiff) v. 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 1, 1995.

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, in a decision reported 99 Man.R.(2d) 276, held, inter alia, that the Indian Band Council was a federal board and only the Federal Court had jurisdiction. The court dismissed the claim against the Council, the Council mem­bers and Manitoba Hydro. The Coalition appealed.

The Manitoba Court of Appeal, Lyon, J.A., dissenting, in a decision reported at 102 Man.R(2d) 223; 93 W.A.C. 223, allowed the appeal where the Coun­cil's authority derived from an agree­ment and not the Indian Act or any other federal statute. The court referred the matter to the Court of Queen's Bench for determi­nation. The Coalition sought an interlocutory injunction to stop the negoti­ations by the Council pending the trial of the action.

The Manitoba Court of Queen's Bench granted the injunction.

Injunctions - Topic 1609

Interlocutory or interim injunctions - Circumstances when injunction will issue - The defendants, the Norway House Council of the Band and its members, had been nego­tiating flood dam­age claims for the Nor­way House First Nation under the Northern Flood Agree­ment - The plaintiff, an asso­ciation of members of the Norway House Band, brought an action claiming that the defendants had no lawful mandate to ne­gotiate - The plaintiff sought an interlocu­tory injunction to stop the negoti­ations pending the trial of the action - The Man­itoba Court of Queen's Bench granted the injunction - There was a serious issue to be tried, the band and its members were entitled to be represented in the negoti­ations by a duly authorized agent, damages would not be an adequate remedy and the balance of con­venience favoured the plaintiff.

Practice - Topic 205

Persons who can sue and be sued - In­dividuals and corporations - Status or standing - General - The defendants, the Norway House Council of the Band and its members, had been nego­tiating flood dam­age claims for the Nor­way House First Nation under the Northern Flood Agree­ment - The plaintiff, an asso­ciation of members of the Norway House Band, brought an action claiming that the defen­dants had no lawful mandate to ne­gotiate - The plaintiff sought an interlocu­tory in­junction to stop the negotiations pending the trial of the action - The defendants ques­tioned the standing of the plaintiff - The Manitoba Court of Queen's Bench held that the plaintiff as­sociation had standing where it was com­posed of band members who would, at the least, be indi­rectly affected by the negoti­ations - See para­graphs 4 to 7.

Counsel:

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

P. Anderson, for the defendants.

This matter was heard before Jewers, J., of the Manitoba Court of Queen's Bench, who delivered the following decision on Decem­ber 1, 1995.