Kainaiwa Nation (Blood Tribe) v. Canada

Kainaiwa Nation (Blood Tribe) v. Canada

It is not plain and obvious that the Federal Court lacks jurisdiction under s.19 of the Federal Courts Act because the proposed Third Party Claim discloses a controversy between governments and raises federal issues (aboriginal title, fiduciary duties, NRTA), and the Prothonotary did not err in granting the extension of time because Canada demonstrated a continuing intention, arguable merit, lack of prejudice and a reasonable explanation; therefore the appeal is dismissed and leave to add Alberta as a third party stands.

Citation
2016 FC 817
Parties
Plaintiff (respondent): Kainaiwa Nation (Blood Tribe) and Chief Chris Shade; Plaintiff (respondent): Peigan (Piikani) Nation and Chief Peter Strikes with a Gun; Plaintiff (respondent): Siksika Nation and Chief Darlene Yellow Old Woman Munroe; Plaintiff (respondent): Tsuut'ina Nation and Chief Roy Whitney; Plaintiff (respondent): Bearspaw Band and Chief Darcy Dixon; Plaintiff (respondent): Chiniki Band and Chief Paul Chiniquay; Plaintiff (respondent): Wesley Band and Chief John Snow Sr.; Defendant (respondent): Her Majesty the Queen in Right of Canada; Proposed Third Party (applicant): Her Majesty the Queen in Right of Alberta
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 July 2016
Procedural Posture
Civil — Aboriginal Title and Trust Claims / Appeal From Prothonotary Decision Granting Leave to Add Alberta as Third Party (motion to Add Third Party)
Outcome
Appeal dismissed with costs
Legal Topics
Third Party Claim, Jurisdiction, Natural Resource Transfer Agreement, Aboriginal Title, Fiduciary Duty, Extension of Time
Source Language
English
Aboriginal Law Constitutional Law Civil Procedure Property Law Administrative Law Third Party Claim Jurisdiction Natural Resource Transfer Agreement +3 more

Case Brief

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Parties

Kainaiwa Nation (Blood Tribe) and Chief Chris Shade

Plaintiff (respondent)

Peigan (Piikani) Nation and Chief Peter Strikes with a Gun

Plaintiff (respondent)

Siksika Nation and Chief Darlene Yellow Old Woman Munroe

Plaintiff (respondent)

Tsuut'ina Nation and Chief Roy Whitney

Plaintiff (respondent)

Bearspaw Band and Chief Darcy Dixon

Plaintiff (respondent)

Chiniki Band and Chief Paul Chiniquay

Plaintiff (respondent)

Wesley Band and Chief John Snow Sr.

Plaintiff (respondent)

Her Majesty the Queen in Right of Canada

Defendant (respondent)

Her Majesty the Queen in Right of Alberta

Proposed Third Party (applicant)

Procedural Posture

Civil — Aboriginal Title and Trust Claims / Appeal From Prothonotary Decision Granting Leave to Add Alberta as Third Party (motion to Add Third Party)

Legal Issues

  1. 1 Whether it is plain and obvious that the Federal Court lacks jurisdiction to hear the proposed third party claim against Alberta under s.19 of the Federal Courts Act and related jurisprudence
  2. 2 Whether the Prothonotary erred in granting an extension of time to Canada to issue and serve the Third Party Claim

Ratio Decidendi

It is not plain and obvious that the Federal Court lacks jurisdiction under s.19 of the Federal Courts Act because the proposed Third Party Claim discloses a controversy between governments and raises federal issues (aboriginal title, fiduciary duties, NRTA), and the Prothonotary did not err in granting the extension of time because Canada demonstrated a continuing intention, arguable merit, lack of prejudice and a reasonable explanation; therefore the appeal is dismissed and leave to add Alberta as a third party stands.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs