Davey et al. v. Isaac et al.

Davey et al. v. Isaac et al.

P.C. 6015 was valid because the Six Nations fell within the definition of "band" under s.2(1)(a)(ii) given evidence and pleadings that moneys were held by the Crown for the Six Nations (and historical documents supported existence of a trust); appellants bore the burden to prove invalidity of the Order in Council; accordingly the elected council was entitled to injunctive relief and the appeal was dismissed.

Citation
[1977] 2 SCR 897
Parties
Appellants (defendants): Ackland Davey et al.; Respondents (plaintiffs; Elected Council of the Six Nations Band): Richard Isaac et al.; Intervenant: Attorney General of Canada; Intervenant: Union of Ontario Indians; Intervenants: Gary Potts et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1977
Procedural Posture
Civil Appeal Concerning Injunctive Relief and Validity of Band Governance Under the Indian Act / Supreme Court of Canada Appeal — Final Adjudication on Appeal From Ontario Court of Appeal
Outcome
Appeal dismissed; judgment of the Court of Appeal restoring the injunction for the elected council affirmed
Legal Topics
Indian Act Interpretation, Definition of 'band' Under S.2(1)(a), Validity of Orders in Council Under S.73, Trust Funds Held by Crown for Indians, Elected Band Council Versus Hereditary Chiefs, Use and Control of Council House, Granting of Permanent Injunction
Source Language
English
Aboriginal Law Property Law Administrative Law Equity (injunction) Public Law Indian Act Interpretation Definition of 'band' Under S.2(1)(a) Validity of Orders in Council Under S.73 +4 more

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Parties

Ackland Davey et al.

Appellants (defendants)

Richard Isaac et al.

Respondents (plaintiffs; Elected Council of the Six Nations Band)

Attorney General of Canada

Intervenant

Union of Ontario Indians

Intervenant

Gary Potts et al.

Intervenants

Procedural Posture

Civil Appeal Concerning Injunctive Relief and Validity of Band Governance Under the Indian Act / Supreme Court of Canada Appeal — Final Adjudication on Appeal From Ontario Court of Appeal

Legal Issues

  1. 1 Whether the Governor in Council had authority under s.73 of the Indian Act to require elections for the Six Nations by P.C. 6015
  2. 2 Whether the Six Nations constituted a “band” under s.2(1)(a)(i),(ii) or (iii) of the Indian Act
  3. 3 Whether moneys were held by the Crown for the Six Nations such that para. (ii) applied

Ratio Decidendi

P.C. 6015 was valid because the Six Nations fell within the definition of "band" under s.2(1)(a)(ii) given evidence and pleadings that moneys were held by the Crown for the Six Nations (and historical documents supported existence of a trust); appellants bore the burden to prove invalidity of the Order in Council; accordingly the elected council was entitled to injunctive relief and the appeal was dismissed.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal restoring the injunction for the elected council affirmed

Orders

  • Appeal dismissed with costs
  • Injunction in favour of respondents restraining appellants from obstructing or interfering with use of the Council House upheld