Date: 20030225
Docket: T-2007-02
Neutral citation: 2003 FCT 238
Ottawa, Ontario, February 25th, 2003
PRESENT: The Honourable Mr. Justice O'Reilly
BETWEEN:
MELVIN WANDERINGSPIRIT, DELPHINE BEAULIEU,
TONI HERON, RAYMOND BEAVER AND SONNY MCDONALD
IN THEIR CAPACITY AS COUNCILLORS OF THE SALT RIVER
FIRST NATION 195, ELECTED AUGUST 30, 2002
Applicants
- and -
VICTOR MARIE UNCONTESTED CHIEF AND NORMAN STARR
UNCONTESTED DULY ELECTED BAND COUNSEL MEMBER, NORA BEAVER,
DAVID GOWANS, CONNIE BENWELL, MICHEL BJORNSON, HARVEY LEPINE,
AND DON TOURANGEAU, PURPORTEDLY ELECTED BAND COUNCILLORS AT A
MEETING HELD NOVEMBER 3, 2002, AND JEANNIE MARIE-JEWELL,
ACTING AS INTERIM BAND MANAGER
Respondents
REASONS FOR ORDER AND ORDER
[1] The respondents have asked the Court for an order permitting them to satisfy certain accounts relating to a surveying contract, in light of the fact that by Order of Rouleau J. dated January 10, 2003 the Band's trust account is frozen. Several invoices submitted by the contractors over the past year have gone unpaid. It is necessary for this work to be carried out as part of the Treaty Land Entitlement Agreement of the Salt River First Nation # 195 ("TLE").
[2] A subsequent order issued by Rouleau J. on January 21, 2003 permitted payments out of the Band's account on consent of counsel for the parties. The applicants did not consent to the payment of the surveyor's invoices on the grounds that the surveying contract was with a numbered company (1990 NT Ltd.) rather than with the Band. The respondents argued that this company is wholly-owned and capitalized by the Band and, therefore, that the Band would suffer no prejudice through payment of the contract monies. Should there be a basis for recovering these monies against the company, separate proceedings can be initiated for that purpose.
[3] It is clear that there is an urgency requiring immediate payment of the surveyors. Otherwise, important work towards resolution of the Treaty Land Entitlement will cease. That work is for the benefit of the Band as a whole and should be carried out notwithstanding the ongoing dispute in relation to the Band's leadership. Accordingly, it is ordered that the Bank of Montreal at Fort Smith in the Northwest Territories honour cheques issued in satisfaction of the invoices submitted to date, as well as those submitted regularly in future in relation to the same contract. Those Band members who are being trained by the surveying firm shall also be remunerated accordingly.
ORDER
THIS COURT HEREBY ORDERS that the respondents be permitted to pay outstanding and forthcoming accounts in respect of the surveying contract that relates to the Treaty Land Entitlement Agreement ("TLE") of June 2002 from the Band account to:
(a) Ollerhead & Associates Ltd., Canada Lands Surveyors and Engineers,
(b) Harrington Industries who supply the survey equipment,
(c) Band members being trained by Ollerhead and Associates.
"James W. O'Reilly"
J.F.C.C.
Ottawa, Ontario
February 25, 2003
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
DOCKET: T-2007-02
STYLE OF CAUSE:
Melvin Wanderingspirit, Delphine Beaulieu,
Toni Heron, Raymond Beaver and Sonny McDonald
in their capacity as Councillors of the Salt River
First Nation 195, elected August 30, 2002 - and -
Victor Marie uncontested Chief and Norman Starr
uncontested duly elected Band Counsel Member, Nora Beaver,
David Gowans, Connie Benwell, Michel Bjornson, Harvey Lepine,
and Don Tourangeau, purportedly elected Band Councillors at a
meeting held November 3, 2002, and Jeannie Marie-Jewell,
acting as Interim Band Manager
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: February 24, 2003
REASONS FOR ORDER OF: The Honourable Mr. Justice O'Reilly
DATED: February 25, 2003
APPEARANCES:
Christopher Harvey, Q.C. FOR THE APPLICANTS
Ian Blackstock
Robert Philp, Q.C. FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Christopher Harvey, Q.C.
Ian Blackstock
Fasken Martineau DuMoulin
Suite 2100, 1075 Georgia Street West
Vancouver BC V6E 3G2
Tel:(604) 631-3131
Fax:(604) 631-3232 FOR THE APPLICANTS
Robert A. Philp, Q.C.
Philp Law Office
114- 7 St. Anne Street
St. Albert ALTA T8N 2X4
Tel.: (780) 418-2727
Fax: (780) 419-6378 FOR THE RESPONDENTS