Samson Band of Indians v. Martel
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Samson Band of Indians v. Martel Court (s) Database Federal Court of Appeal Decisions Date 2001-04-27 Neutral citation 2001 FCA 129 File numbers A-181-99 Decision Content Date: 20010427 Docket: A-181-99 Citation: 2001 FCA 129 CORAM: ROTHSTEIN, J.A. NOËL, J.A. SHARLOW, J.A. BETWEEN: CHIEF JIM OMEASOO, THE COUNCIL OF THE SAMSON BAND and THE SAMSON BAND OF INDIANS, Appellants (Defendants) - and - LOUISE MARTEL, MARY GROSS, DORA THOMSON, MONICA GLADEAU, MILDRED BARIL, CORA ARNOLD, EMILY STOYKA, FLORA ANDERSON, PATRICIA JONES, HAZEL FREEMAN, JOYCE P. COOK, SARAH SCHUG, ELIZABETH PERROTT, NORA ORR, MARY MIERAU, MARLENE COURTOREILLE, and JANICE WANDA LIGHTNING Respondents (Plaintiffs) - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT Respondents (Defendants) REASONS FOR JUDGMENT SHARLOW, J.A.: [1] We are not persuaded that the Motions Judge erred in striking paragraphs 1(a), (b) and (t) of the Third Party Claim and paragraph (b) from the prayer for relief. We agree with the comments in paragraph 5 of his reasons that the Third Party Claim as written discloses no cause of action by the Appellants against the Crown that would support a claim for damages. This appeal will be dismissed with costs. "Karen R. Sharlow" J.A. EDMONTON, Alberta April 27th, 2001. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-181-99 STYLE OF CAUSE: Chief Jim Omeasoo et al. v. Her Majesty the Queen et al. PLACE OF HEARING: E…
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Samson Band of Indians v. Martel Court (s) Database Federal Court of Appeal Decisions Date 2001-04-27 Neutral citation 2001 FCA 129 File numbers A-181-99 Decision Content Date: 20010427 Docket: A-181-99 Citation: 2001 FCA 129 CORAM: ROTHSTEIN, J.A. NOËL, J.A. SHARLOW, J.A. BETWEEN: CHIEF JIM OMEASOO, THE COUNCIL OF THE SAMSON BAND and THE SAMSON BAND OF INDIANS, Appellants (Defendants) - and - LOUISE MARTEL, MARY GROSS, DORA THOMSON, MONICA GLADEAU, MILDRED BARIL, CORA ARNOLD, EMILY STOYKA, FLORA ANDERSON, PATRICIA JONES, HAZEL FREEMAN, JOYCE P. COOK, SARAH SCHUG, ELIZABETH PERROTT, NORA ORR, MARY MIERAU, MARLENE COURTOREILLE, and JANICE WANDA LIGHTNING Respondents (Plaintiffs) - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT Respondents (Defendants) REASONS FOR JUDGMENT SHARLOW, J.A.: [1] We are not persuaded that the Motions Judge erred in striking paragraphs 1(a), (b) and (t) of the Third Party Claim and paragraph (b) from the prayer for relief. We agree with the comments in paragraph 5 of his reasons that the Third Party Claim as written discloses no cause of action by the Appellants against the Crown that would support a claim for damages. This appeal will be dismissed with costs. "Karen R. Sharlow" J.A. EDMONTON, Alberta April 27th, 2001. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-181-99 STYLE OF CAUSE: Chief Jim Omeasoo et al. v. Her Majesty the Queen et al. PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: April 27th , 2001 REASONS FOR JUDGMENT BYSHARLOW, J.A. CONCURRED IN BY: NOËL, J.A. SHARLOW, J.A. DATED: April 27th, 2001 APPEARANCES: Priscilla E. Kennedy for the Appellants Patrick G. Hodgkinson for the Respondent SOLICITORS OF RECORD Parlee McLaws for the Appellants Royal, McCrum, Duckett & Glancy for the Respondent Morris Rosenberg for the Respondent Deputy Attorney General of Canada
Source: decisions.fca-caf.gc.ca