Coalition To Save Northern Flood v. Canada et al., (1995) 102 Man.R.(2d) 223 (CA)

• Judge: Huband, Lyon and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 07, 1995
• Jurisdiction: Manitoba
• Citations: (1995), 102 Man.R.(2d) 223 (CA)

Save Northern Flood v. Can. (1995), 102 Man.R.(2d) 223 (CA);

    93 W.A.C. 223

MLB headnote and full text

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

(Suit No. AI 95-30-02207)

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

Manitoba Court of Appeal

Huband, Lyon and Helper, JJ.A.

September 7, 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 Council, Council members and Manitoba Hydro. The Coalition appealed.

The Manitoba Court of Appeal, Lyon, J.A., dissenting, 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.

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 - The Manitoba Court of Appeal allowed an appeal where the Council's authority derived from an independent contract and not the Indian Act or any other federal statute - The court referred the matter to the Court of Queen's Bench for determination.

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 ].

Cases Noticed:

Canatonquin v. Gabriel, [1980] 2 F.C. 792 (F.C.A.), refd to. [paras. 11, 27].

Chapman et al. v. Chicago et al. (1991), 52 O.A.C. 308; 5 O.R.(3d) 220 (Div. Ct.), refd to. [para. 11].

Cree Regional Authority v. Québec (Procureur général) (1991), 127 N.R. 52; 81 D.L.R.(4th) 659 (F.C.A.), dist. [paras. 16, 17, 18].

Cree Regional Authority v. Canada (Fed­eral Administrator) - see Cree Regional Authority v. Québec (Procureur général).

Miida Electronics Inc. v. Mitsui O.S.K. Lines Ltd. and ITO-International Ter­minal Operators Ltd., [1986] 1 S.C.R. 752; 68 N.R. 241, appld. [paras. 19, 23].

Aeric Inc. v. Canada Post Corp. (Chair­man) (1985), 56 N.R. 289; 16 D.L.R.(4th) 686 (F.C.A.), refd to. [para. 21].

Counsel:

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

P.R. Anderson, for the respondents.

This appeal was heard on May 29, 1995, by Huband, Lyon and Helper, JJ.A., of the Manitoba Court of Appeal.

The decision of the Court of Appeal was delivered on September 7, 1995, and the following opinions were filed:

Helper, J.A. - see paragraphs 1 to 24;

Huband, J.A. - see paragraph 25;

Lyon, J.A., dissenting - see paragraphs 26 to 33.