Ahenakew v. Canada

Ahenakew v. Canada

The Court struck out portions of the statement of claim that sought injunctions and damages against the Crown, Prime Minister and Minister and certain premature declaratory relief because such remedies would impermissibly interfere with parliamentary proceedings or are unavailable against Crown servants, but ruled that the claim for declarations recognizing the Crown's fiduciary and consultation obligations in relation to aboriginal, treaty and constitutional rights raises an arguable issue and may proceed (subject to amendment to remove the Prime Minister and Minister personally and to refer to Bill C-7); costs were ordered in the cause.

Citation
2003 FCT 306
Parties
Applicant (defendant): The Majesty the Queen in Right of Canada; Applicant (defendant): Jean Chrétien, Prime Minister of Canada; Applicant (defendant): Robert Nault, Minister of Indian Affairs; Respondent (plaintiff): Senator David Ahenakew; Respondent (plaintiff): Federation of Saskatchewan Indian Nations
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 March 2003
Procedural Posture
Civil Action Constitutional and Aboriginal Law / Pre Trial Motion to Strike Under Federal Court Rules (rule 221(1))
Outcome
Partial strike granted and partial dismissal of remedies; declaratory claims regarding Crown fiduciary/consultation duties permitted to proceed; Prime Minister and Minister removed as defendants; amendment to statement of claim and style of cause ordered; costs in the cause.
Legal Topics
Fiduciary Duty, Consultation Obligations, Justiciability and Parliamentary Privilege, Declaratory Relief, Injunctions, Constitutional Amendment Procedure (s.35.1)
Source Language
English
Constitutional Law Aboriginal Law Administrative Law Civil Procedure Fiduciary Duty Consultation Obligations Justiciability and Parliamentary Privilege Declaratory Relief +2 more

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Parties

The Majesty the Queen in Right of Canada

Applicant (defendant)

Jean Chrétien, Prime Minister of Canada

Applicant (defendant)

Robert Nault, Minister of Indian Affairs

Applicant (defendant)

Senator David Ahenakew

Respondent (plaintiff)

Federation of Saskatchewan Indian Nations

Respondent (plaintiff)

Procedural Posture

Civil Action Constitutional and Aboriginal Law / Pre Trial Motion to Strike Under Federal Court Rules (rule 221(1))

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether the claims are justiciable or amount to impermissible interference in parliamentary proceedings
  3. 3 Whether injunctive relief or damages may be awarded against the Crown, the Prime Minister or the Minister in respect of proposed legislation

Ratio Decidendi

The Court struck out portions of the statement of claim that sought injunctions and damages against the Crown, Prime Minister and Minister and certain premature declaratory relief because such remedies would impermissibly interfere with parliamentary proceedings or are unavailable against Crown servants, but ruled that the claim for declarations recognizing the Crown's fiduciary and consultation obligations in relation to aboriginal, treaty and constitutional rights raises an arguable issue and may proceed (subject to amendment to remove the Prime Minister and Minister personally and to refer to Bill C-7); costs were ordered in the cause.

Court Disposition

Partial strike granted and partial dismissal of remedies; declaratory claims regarding Crown fiduciary/consultation duties permitted to proceed; Prime Minister and Minister removed as defendants; amendment to statement of claim and style of cause ordered; costs in the cause.

Orders

  • Strike out prayer for a permanent injunction prohibiting passage of Bill C-61 (now Bill C-7) (paragraph 51(a))
  • Strike out damage claims against the Minister and the Prime Minister (paragraphs 51(e) and 51(f))