Jones v. Saddle Lake Cree Nation

Jones v. Saddle Lake Cree Nation

The Court endorsed the mediated agreement in which the parties recognized the house as belonging to the collectivity and agreed the dispute should be resolved within the Nation by Council; accordingly the Court stayed the proceedings sine die pending resolution of material resources and left costs reserved.

Source-derived case information.

Citation
2015 FC 786
Parties
Applicant: Rose Jones; Applicant: Doris Edwards; Applicant: Bobby Half (by his litigation guardian Rose Jones); Respondent: Saddle Lake Cree Nation; Respondent: Saddle Lake Chief and Council of the Saddle Lake Cree Nation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 June 2015
Procedural Posture
Federal Court Civil Action / Order Staying Proceedings Sine Die Pending Resolution of Matter Through Mediated Agreement and Council Process
Outcome
Proceeding stayed sine die; Court endorsed the mediated agreement and deferred resolution to the Nation/Council process
Legal Topics
Inheritance, Probate, Reserve Housing, Band Council Governance, Mediation, Stay of Proceedings
Source Language
english
Aboriginal Law Property Law Family Law Civil Procedure Alternative Dispute Resolution Inheritance Probate Reserve Housing +3 more

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Parties

Rose Jones

Applicant

Doris Edwards

Applicant

Bobby Half (by his litigation guardian Rose Jones)

Applicant

Saddle Lake Cree Nation

Respondent

Saddle Lake Chief and Council of the Saddle Lake Cree Nation

Respondent

Procedural Posture

Federal Court Civil Action / Order Staying Proceedings Sine Die Pending Resolution of Matter Through Mediated Agreement and Council Process

Legal Issues

  1. 1 Whether the contested testament/bequest could validly transfer a house located on reserve to an individual beneficiary
  2. 2 Whether the house in question is collective reserve property or individually owned
  3. 3 Whether the Federal Court should endorse the mediated agreement and stay proceedings pending internal resolution by the band Council and family mediation

Ratio Decidendi

The Court endorsed the mediated agreement in which the parties recognized the house as belonging to the collectivity and agreed the dispute should be resolved within the Nation by Council; accordingly the Court stayed the proceedings sine die pending resolution of material resources and left costs reserved.

Court Disposition

Proceeding stayed sine die; Court endorsed the mediated agreement and deferred resolution to the Nation/Council process

Orders

  • Court endorses the Court mediated agreement annexed to the Order
  • Proceeding stayed sine die pending resolution of material resources by the Nation/Council as contemplated in the mediated agreement