PRACTICE |
Sawridge Band v. Canada
T-66-86A, T-66-86B
2003 FCT 665, Hugessen J.
26/5/03
8 pp.
Class actions--Motions requesting Court to compel plaintiff bands to seek certification of proceedings as class actions under new Rules--Plaintiffs started representative actions against Crown in 1986, seeking declaratory relief certain legislation amending Indian Act unconstitutional--New class action rules coming into force on November 21, 2002-- Plaintiffs now asking actions be amended so that respective bands should become plaintiff in each action--Whether Court should permit plaintiffs to amend style of cause to reflect fact actions brought by bands themselves--Plaintiffs seeking constitutional declaration of invalidity--Not necessary to pursue class action to obtain declaration of constitutional invalidity--Band, as legal entity, can sue in own right-- Question of who exactly is member of band precise question of litigation--Question of whether band represents all of band members irrelevant as bands not suing in representative capacity but in their own right--Crown's motions dismissed but actions should continue with styles of cause amended to show in each case relevant band, First Nation as plaintiff--Indian Act, R.S.C., 1985, c. I-5--Bill C-31.