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Hodgson v. Ermineskin Indian Band No. 942
A-183-00
Rothstein J.A.
12/12/00
3 pp.
Appeal from order ([2000] 3 F.C. D-15) dismissing appeal from order denying motion to strike out certain of plaintiffs' claims against Band, Band Council--Plaintiffs alleging Crown, Band Council breached fiduciary duties by allowing deletion of names from Band Membership List or failing to add names of those born after 1944 to List--Motion to strike premised on Federal Court's lack of jurisdiction over claim for damages or equitable relief against them and no fiduciary duty towards non-members--Appeal dismissed--Court's lack of jurisdiction not plain, obvious, beyond doubt--While Court clearly having jurisdiction in respect of judicial reviews of decisions of Indian band councils, jurisdiction in case of actions against bands far less clear--Argument Band having no fiduciary duty to non-members, while seemingly obvious at first blush, resting upon plaintiffs never having been members or entitled to membership--Not plain, obvious that if plaintiffs or ancestors wrongly deleted or not added as members, may not be some fiduciary duty owed to them.