PRACTICE |
Pleadings |
Motion to Strike |
Martel v. Samson Band of Indians
T-2391-88
Hugessen J.
28/11/00
4 pp.
Motion by Crown to strike paragraphs j, k, l, m, part of paragraph f referring to USA in third party notice filed by Band--Paragraphs amounting to assertion by Band of claim to international sovereignty, nationhood, international personhood--Test on motion to strike: must be plain and obvious to Court claim cannot succeed if matter allowed to go forward to trial--Test not met here--Claim herein recognized in other jurisdictions--Unless authority establishes claim cannot be entertained, Court must allow it to go forward--Not clear claim doomed to fail--Allegations Band had some form of sovereignty recognized by foreign power, and in particular by USA, clearly relevant to claim--One of accepted tests of international personality to ask if person claiming such status recognized by others in international community--Motion dismissed.