Date: 20010626
Docket: A-231-01
Neutral citation: 2001 FCA 225
SEXTON J.A.
EVANS J.A.
BETWEEN:
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 Band, all of whom reside on
the Montana Reserve No. 139, in the Province of Alberta
Plaintiffs
- and -
HER MAJESTY THE QUEEN
Defendant
- and -
SAMSON BAND, Chief Victor Buffalo, and Larron Northwest,
Roland Littlepoplar, Dolphus Buffalo, Frank Buffalo, Raymond Lightning, Stan Crane, Lawrence Saddleback, Todd (Chester) Buffalo, Arnup Louis,
Lester B. Nepoose, Jim Omeasoo, and Robert Swampy, Councillors of the Samson Band, sued on their own behalf and on behalf of the members of the Samson Band of Indians
ERMINESKIN BAND, Chief Eddie Littlechild and Ken Cutarm,
Gerry Ermineskin, John Ermineskin, Lester Fraynn, Brian Lee,
Arthur Littlechild, Richard Littlechild, Emily Minde, Lawrence Rattlesnake, Curtis Ermineskin and Maurice Wolfe, Councillors of the Ermineskin Band, sued on their own behalf and on behalf of the Members of the Ermineskin Band of Indians
Third Parties
T-782-97
BETWEEN:
CHIEF FLORENCE BUFFALO acting on her own behalf and on behalf of all of the members of the SAMSON CREE NATION AND BAND
- and -
THE SAMSON CREE NATION AND INDIAN BAND
Appellants (Plaintiffs)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and Her Majesty the Queen in Right of Canada as represented by the MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT, Parliament Buildings, Ottawa, Ontario
Respondents (Defendants)
- and -
T-2804-97
BETWEEN:
ERMINESKIN CREE NATION and Chief Gerald Ermineskin, Earl Ted Ermineskin, Maurice Wolfe, Richard Leonard Lightening, Carol Margaret Wildcat, Carol Elizabeth Roasting, Glenda Rae White, Craig Alton Makinaw, Councillors of the Ermineskin Cree Nation, suing on their behalf and on behalf of the ERMINESKIN CREE NATION
Plaintiffs
- and -
HER MAJESTY THE QUEEN and the ATTORNEY GENERAL OF CANADA
Defendants
HEARD at Vancouver, British Columbia on Tuesday, June 26, 2001
DELIVERED from the Bench at Vancouver, British Columbia on Tuesday June 26, 2001
REASONS OF THE COURT DELIVERED BY: ROTHSTEIN J.A.
Date: 20010626
Docket: A-231-01
Neutral citation: 2001 FCA 225
CORAM: ROTHSTEIN J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
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 Band, all of whom reside on
the Montana Reserve No. 139, in the Province of Alberta
Plaintiffs
- and -
HER MAJESTY THE QUEEN
Defendant
- and -
SAMSON BAND, Chief Victor Buffalo, and Larron Northwest,
Roland Littlepoplar, Dolphus Buffalo, Frank Buffalo, Raymond Lightning, Stan Crane, Lawrence Saddleback, Todd (Chester) Buffalo, Arnup Louis,
Lester B. Nepoose, Jim Omeasoo, and Robert Swampy, Councillors of the Samson Band, sued on their own behalf and on behalf of the members of the Samson Band of Indians
ERMINESKIN BAND, Chief Eddie Littlechild and Ken Cutarm,
Gerry Ermineskin, John Ermineskin, Lester Fraynn, Brian Lee,
Arthur Littlechild, Richard Littlechild, Emily Minde, Lawrence Rattlesnake, Curtis Ermineskin and Maurice Wolfe, Councillors of the Ermineskin Band, sued on their own behalf and on behalf of the Members of the Ermineskin Band of Indians
Third Parties
T-782-97
BETWEEN:
CHIEF FLORENCE BUFFALO acting on her own behalf and on behalf of all of the members of the SAMSON CREE NATION AND BAND
- and -
THE SAMSON CREE NATION AND INDIAN BAND
Appellants (Plaintiffs)
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and Her Majesty the Queen in Right of Canada as represented by the MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT, Parliament Buildings, Ottawa, Ontario
Respondents (Defendants)
- and -
T-2804-97
BETWEEN:
ERMINESKIN CREE NATION and Chief Gerald Ermineskin, Earl Ted Ermineskin, Maurice Wolfe, Richard Leonard Lightening, Carol Margaret Wildcat, Carol Elizabeth Roasting, Glenda Rae White, Craig Alton Makinaw, Councillors of the Ermineskin Cree Nation, suing on their behalf and on behalf of the ERMINESKIN CREE NATION
Plaintiffs
- and -
HER MAJESTY THE QUEEN and the ATTORNEY GENERAL OF CANADA
Defendants
REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver, British Columbia
on Tuesday, June 26, 2001)
ROTHSTEIN J.A.
[1] This is an appeal from an interlocutory order of a case management judge in a very complex matter. The order made was discretionary and, in view of all the circumstances, it would not be appropriate for this Court to interfere with it. The appeal will be dismissed with costs.
[2] We would observe, however, that there is considerable disagreement among the parties as to the meaning of a severance order made by the case management judge. It would, we think, be desirable for the parties to reappear before the judge to have the meaning of that order clarified or, if appropriate, to have the order amended.
[3] For example, it was submitted to us that the first trial resulting from the severance order should deal only with who held an interest in the relevant land and, if it is determined that the Crown did not hold an unencumbered interest in the land, whether any surrender came from a party with the power to give it and whether the surrender was otherwise valid. This may be desirable in order to
simplify the first trial and allow parties who are found to have no interest in the relevant land, to become uninvolved in all subsequent proceedings dealing with possible breaches of fiduciary duties, damages or other matters. However, we leave this to the case management judge to determine.
"Marshall Rothstein"
J.A.