NATIVE PEOPLES |
Samson Cree Nation v. Canada (Minister of Indian Affairs and Nothern Development)
T-354-01
2003 FC 1170, Hugessen J.
9/10/03
8 pp.
Present case concerns two motions--First motion made by plaintiff follows on previous order T-430-01 and proposes method of inviting and assessing claims to settlement agreement--Motion in generally acceptable form except as to description of class of persons who should be invited to file claims--Clear that class restricted to those persons who were or became members of Samson Band between June 1987 and May 1988, both inclusive, whose per capita distributions for that period held by Government of Canada and with whom Samson Band may have purported to have effected settlement (at least 118 such persons)--Since previous order decided purported settlement cannot be set up against plaintiff, and others of class, fact of having entered into such settlement not condition of membership--From materials before Court, it appears there are other persons for whom government may be holding funds some or all which may relate to per capita distributions for other years; such persons clearly not included in class in so far as their claims may go beyond 1987-1988 per capita distribution--They are said to number 213 but not clear what, if any, part of funds being held for them relates to 1987-1988 per capita distribution--They would of course be members of class with regard to any such part, but not for any balance--Second motion in T-354-01 brought by Samson Band--Not entirely clear what is being sought but it appears to be either stay or revision of March 2003 order and leave to intervene in proceedings in T-430-01 leading to determination of individual claims of members of class--Motion ill-founded --No case made for stay of March order and no attempt made to satisfy classic three-part test--In so far as varying that order concerned, since case being appealed, it would be improper to do anything in that regard--Finally, no basis for permitting Band to intervene or have standing in determination of individual claims--Previous order has determined Band has no interest in moneys held by government for members of class and Band's participation in claims process would only serve to further delay resolution of matter that has already gone on for far too long--Evidence did not establish payments were for same amounts which were being held by Crown in respect of per capita distributions--Accordingly, Band's claim dismissed--Motion of plaintiff under r. 369, for terms respecting distribution of amounts in issue and manner in which individual claimants may take their claims, granted--Motion brought by plaintiff Samson Cree Nation, under r. 369 for stay or revision of March 2003 order, and leave to intervene in proceedings leading to determination of individual claims of members of class, dismissed--Federal Court Rules, 1998, SOR/98-106, r. 369.