Montana First Nation v. Canada

Montana First Nation v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-06-07
Neutral citation
2007 FCA 220
File numbers
A-477-06, A-523-06, A-530-06
Decision Content
Date: 20070607
Dockets: A-477-06
A-523-06
A-530-06
Citation: 2007 FCA 220
CORAM: NOËL J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
A-477-06
MONTANA BAND et al.
Respondents (Plaintiffs)
and
HER MAJESTY THE QUEEN
Respondents (Defendants)
and
SAMSON BAND et al.
Respondents (Third Parties)
and
ERMINESKIN BAND et al.
Appellants (Third Parties)
-AND-
BETWEEN:
SAMSON CREE NATION et al.
Respondents (Plaintiffs)
and
HER MAJESTY THE QUEEN et al.
Respondent (Defendant)
and
MONTANA BAND et al.
Respondents (Third Parties)
and
ERMINESKIN CREE NATION et al.
Appellants (Third Parties)
-AND-
BETWEEN:
ERMINESKIN CREE NATION et al.
Appellants (Plaintiffs)
and
HER MAJESTY THE QUEEN et al.
Respondents (Defendants)
and
MONTANA BAND et al.
Respondents (Third Parties)
and
SAMSON CREE NATION et al.
Respondents (Third Parties)
BETWEEN:
A-523-06
HER MAJESTY THE QUEEN
Appellant
(Defendant)
and
MONTANA BAND, Chief Leo Cattleman, Marvin Buffalo, Rema Rabbit, Carl Rabbit and Darrell Strongman, suing on their own behalf and on behalf of all other members of the Montana Indian Band, all of whom reside on the Montana Reserve No. 139, in the Province of Alberta
Respondents
(Plaintiffs)
SAMSON BAND, Chief Terry Buffalo, Clifford Potts, Frank Buffalo, Florence Buffalo, Dolphus Buffalo, Lawrence Saddleback, Larron Northwest, Nancy Yellowbird, Barb Louis, Keith Johnson, Rose Saddleback and Jim Omeasoo, Councillors of the Samson Band, sued on their own behalf and on behalf of the members of the Samson Band of Indians
and
ERMINESKIN BAND, Chief Gerald Robert Ermineskin, and Arthur Morris Littlechild, Earl Ted Ermineskin, Maurice Wolfe, Richard Leonard Lightning, Carol Margaret Wildcat, Carol Elizabeth Roasting, Glenda Rae White, Craig Alton Makinaw, Councillors of the Ermineskin Band, sued on their own behalf, and on behalf of the ERMINESKIN BAND OF INDIANS
Third Parties
BETWEEN:
A-530-06
SAMSON CREE NATION and Chief Terry Buffalo, Clifford Potts, Frank Buffalo, Florence Buffalo, Dolphus Buffalo, Lawrence Saddleback, Larron Northwest, Nancy Yellowbird, Barb Louis, Keith Johnson, Rose Saddleback and Jim Omeasoo, Chief Lena Cutknife, and Dolphus Buffalo, Florence Buffalo, Kurt Buffalo, Pat Buffalo, Cecile Crier, Patrick Cutknife, Walter Lightning, Barbara B. Lightning, George Montour Sr., Donna Potts Johnson, Rose Saddleback and Marvin Yellowbird and Chief Florence Buffalo, suing on their own behalf and on behalf of the member of the SAMSON CREE NATION, SAMSON BAND and SAMSON INDIAN BAND
Appellants
and
HER MAJESTY THE QUEEN and the ATTORNEY GENERAL OF CANADA
Respondents
and
MONTANA BAND and Chief Leo Cattleman, Marvin Buffalo, Rema Rabbit, Carl Rabbit and Darrell Frederick Strongman, Coldy Sr. and Dick Rabbit, suing on their own behalf and on behalf of all other members of the Montana Indian Band, all of whom reside on the Montana Reserve No. 139, in the Province of Alberta
Third Parties
and
ERMINESKIN BAND, Chief Gerald Robert Ermineskin, Arthur Morris Littlechild, Earl Ted Ermineskin, Maurice Wolfe, Richard Leonard Lightning, Carol Margaret Wildcat, Carol Elizabeth Roasting, Glenda Rae White, Craig Alton Makinaw, Councillors of the Ermineskin Band, sued on their own behalf, and on behalf of the ERMINESKIN BAND OF INDIANS and ERMINESKIN CREE NATION
Third Parties
Heard at Ottawa, Ontario, on June 7, 2007.
Judgment delivered from the Bench at Ottawa, Ontario, on June 7, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20070607
Dockets: A-477-06
A-523-06
A-530-06
Citation: 2007 FCA 220
CORAM: NOËL J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
A-477-06
MONTANA BAND et al.
Respondents (Plaintiffs)
and
HER MAJESTY THE QUEEN
Respondents (Defendants)
and
SAMSON BAND et al.
Respondents (Third Parties)
and
ERMINESKIN BAND et al.
Appellants (Third Parties)
-AND-
BETWEEN:
SAMSON CREE NATION et al.
Respondents (Plaintiffs)
and
HER MAJESTY THE QUEEN et al.
Respondent (Defendant)
And
MONTANA BAND et al.
Respondents (Third Parties)
and
ERMINESKIN CREE NATION et al.
Appellants (Third Parties)
-AND-
BETWEEN:
ERMINESKIN CREE NATION et al.
Appellants (Plaintiffs)
and
HER MAJESTY THE QUEEN et al.
Respondents (Defendants)
and
MONTANA BAND et al.
Respondents (Third Parties)
and
SAMSON CREE NATION et al.
Respondents (Third Parties)
BETWEEN:
A-523-06
HER MAJESTY THE QUEEN
Appellant
(Defendant)
and
MONTANA BAND, Chief Leo Cattleman, Marvin Buffalo, Rema Rabbit, Carl Rabbit and Darrell Strongman, suing on their own behalf and on behalf of all other members of the Montana Indian Band, all of whom reside on the Montana Reserve No. 139, in the Province of Alberta
Respondents
(Plaintiffs)
SAMSON BAND, Chief Terry Buffalo, Clifford Potts, Frank Buffalo, Florence Buffalo, Dolphus Buffalo, Lawrence Saddleback, Larron Northwest, Nancy Yellowbird, Barb Louis, Keith Johnson, Rose Saddleback and Jim Omeasoo, Councillors of the Samson Band, sued on their own behalf and on behalf of the members of the Samson Band of Indians
and
ERMINESKIN BAND, Chief Gerald Robert Ermineskin, and Arthur Morris Littlechild, Earl Ted Ermineskin, Maurice Wolfe, Richard Leonard Lightning, Carol Margaret Wildcat, Carol Elizabeth Roasting, Glenda Rae White, Craig Alton Makinaw, Councillors of the Ermineskin Band, sued on their own behalf, and on behalf of the ERMINESKIN BAND OF INDIANS
Third Parties
BETWEEN:
A-530-06
SAMSON CREE NATION and Chief Terry Buffalo, Clifford Potts, Frank Buffalo, Florence Buffalo, Dolphus Buffalo, Lawrence Saddleback, Larron Northwest, Nancy Yellowbird, Barb Louis, Keith Johnson, Rose Saddleback and Jim Omeasoo, Chief Lena Cutknife, and Dolphus Buffalo, Florence Buffalo, Kurt Buffalo, Pat Buffalo, Cecile Crier, Patrick Cutknife, Walter Lightning, Barbara B. Lightning, George Montour Sr., Donna Potts Johnson, Rose Saddleback and Marvin Yellowbird and Chief Florence Buffalo, suing on their own behalf and on behalf of the member of the SAMSON CREE NATION, SAMSON BAND and SAMSON INDIAN BAND
Appellants
and
HER MAJESTY THE QUEEN and the ATTORNEY GENERAL OF CANADA
Respondents
and
MONTANA BAND and Chief Leo Cattleman, Marvin Buffalo, Rema Rabbit, Carl Rabbit and Darrell Frederick Strongman, Coldy Sr. and Dick Rabbit, suing on their own behalf and on behalf of all other members of the Montana Indian Band, all of whom reside on the Montana Reserve No. 139, in the Province of Alberta
Third Parties
and
ERMINESKIN BAND, Chief Gerald Robert Ermineskin, Arthur Morris Littlechild, Earl Ted Ermineskin, Maurice Wolfe, Richard Leonard Lightning, Carol Margaret Wildcat, Carol Elizabeth Roasting, Glenda Rae White, Craig Alton Makinaw, Councillors of the Ermineskin
Band, sued on their own behalf, and on behalf of the ERMINESKIN BAND OF INDIANS and ERMINESKIN CREE NATION
Third Parties
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on June 7, 2007)
NOËL J.A
[1] Given the decision of this Court dismissing the main appeals, the cost appeals in Court files A-477-06 and A-530-06 were rendered moot and were not pursued. They will accordingly be dismissed without costs.
[2] With respect to the Crown’s cost appeal in Court file A-523-06, the Trial Judge gave reasons for her order. We are satisfied that she exercised her discretion judicially in the circumstances of this complex litigation. The Crown’s cost appeal will accordingly be dismissed, with costs in favour of Montana Band.
[3] In conformity with the order of the Chief Justice consolidating these three appeals, these reasons will be filed in Court file A-477-06, with a copy being filed in Court files A-523-06 and
A-530-06.
“Marc Noël”
J.A
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-477-06
APPEAL FROM AN ORDER OF THE FEDERAL COURT (HANSEN, J.) DATED OCTOBER 27, 2006, IN DOCKET NO. T-2804-97.
STYLE OF CAUSE: Ermineskin Cree Nation et al. v. Her Majesty the Queen et al.
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: June 7, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Noël, Evans, & Sharlow, JJ.A.
DELIVERED FROM THE BENCH BY: Noël, J.A.
SOLICITORS OF RECORD:
Blakes, Cassels & Graydon LLP
Vancouver, British Columbia
FOR THE APPELLANT
John H. Sims QC
Deputy Attorney General of Canada
Edmonton, Alberta
FOR THE RESPONDENT,
Her Majesty the Queen
Miller Thomson LLP
Calgary, Alberta
FOR THE RESPONDENT,
Montana Band et al.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-523-06
APPEAL FROM AN ORDER OF THE FEDERAL COURT (HANSEN, J.) DATED OCTOBER 27, 2006, IN DOCKET NO. T-617-85.
STYLE OF CAUSE: Her Majesty the Queen v. Montana Band et al.
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: June 7, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Noël, Evans, & Sharlow, JJ.A.
DELIVERED FROM THE BENCH BY: Noël, J.A.
APPEARANCES:
Sheila Read
Krista Epton
FOR THE APPELLANT
Michael Bailey
Michael Aasen
FOR THE RESPONDENT, Montana Band et al.
SOLICITORS OF RECORD:
John H. Sims, QC
Deputy Attorney General of Canada
Edmonton, Alberta
FOR THE APPELLANT
Miller Thomson LLP
Calgary, Alberta
FOR THE RESPONDENT,
Montana Band et al.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-530-06
APPEAL FROM AN ORDER OF THE FEDERAL COURT (HANSEN, J.) DATED OCTOBER 27, 2006, IN DOCKET NO. T-782-97.
STYLE OF CAUSE: Samson Cree Nation et al. v. Her Majesty the Queen et al.
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: June 7, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Noël, Evans, & Sharlow, JJ.A.
DELIVERED FROM THE BENCH BY: Noël, J.A.
SOLICITORS OF RECORD:
Parlee McLaws LLP
Edmonton, Alberta
FOR THE APPELLANT
John H. Sims QC
Deputy Attorney General of Canada
Edmonton, Alberta
FOR THE RESPONDENT,
Her Majesty the Queen
Blakes, Cassels & Graydon LLP
Vancouver, British Columbia
FOR THE RESPONDENT,
Ermineskin Cree Nation
Miller Thomson LLP
Calgary, Alberta
FOR THE RESPONDENT,
Montana Band