NATIVE PEOPLES |
Cameron v. Canada (Minister of Indian Affairs and Northern Development)
T-1097-96
2001 FCT 484, Dawson J.
15/5/01
10 pp.
Appeal from Minister's decision approving will of Gerald Ritchie, appointing Elizabeth Ritchie as administratrix--Testator died in 1995, leaving all of his property to his wife, Elizabeth Ritchie--1974 will appointing Department of Indian Affairs and Northern Development official as executrix--Lucille Cameron, daughter of testator by first marriage, informing Elizabeth Ritchie of intention to file claim against estate shortly after father's death--Writing to executrix to claim compensation for unpaid child support for 17 years; injuries, damages suffered as result of abuse, neglect, abandonment; stating preference that beach front properties be allocated to her--When executrix renounced appointment, Elizabeth Ritchie applied for approval of will, appointment as administratrix--Minister approved application--Indian Act, s. 42 providing all jurisdiction, authority in relation to matters and causes testamentary with respect to deceased Indians, vested in Minister--Appellants arguing Minister had notice of claim; claim with respect to beach front properties hence raising matter or cause testamentary; Minister having exclusive jurisdiction pursuant to s. 42 over such matters; by approving will, Minister failed to address appellant's claim, breached rules of natural justice--Appeal dismissed--Claim characterized as monies owed by estate--Re McElhinney, [1930] 2 D.L.R. 290 (Sask. C.A.) holding jurisdiction conferred upon surrogate courts with respect to "matters and causes testamentary" meaning matters, causes relating to grant, revocation of probate of wills and of administration and incidental matters i.e. not encompassing all matters relating to estates--Recognized in Sampson v. Gosnell Estate (1989), 57 D.L.R. (4th) 299 (B.C.C.A.)--Appellants' claims to monies owing from estate not claim in relation to matters or causes testamentary--Expression of preference as to how money claim to be satisfied not altering fundamentally nature of claim--Following from this characterization of claim that provided no basis upon which Minister could have declared will void--Remedy to present claim to administratrix--Indian Estates Regulations prescribing procedure for making of such claims--Any rejection of claim could be challenged in courts--Indian Act, R.S.C., 1985, c. I-5, s. 42--Indian Estates Regulations, C.R.C., c. 954.