PRACTICE |
Parties |
Joinder |
Martin v. Canada (Attorney General)
T-689-01
2002 FCT 1117, Kelen J.
28/10/02
14 pp.
Motion by 13 Mi'Kmaq Indian Bands of Nova Scotia (applicants) to participate in proceedings--Applicants seeking to join as defendants in proceedings under Federal Court Rules, 1998, r. 104(1)(b), or in alternative, to join as interveners with full rights to participate under r. 109-- Applicants including both status Indians and non-status Indians holding Aboriginal and Treaty Right Access (ATRA) living off reserve--Applicants claim Aboriginal rights to harvest certain aquatic species adversely affected by defendants' decision not to consult with applicants in negotiating fishing agreements--Applicants' interest in proceedings stems from involvement in negotiating process for agreements--Applicants sought to join in proceedings on four grounds: (i) ought to have been joined as parties; (ii) presence necessary to ensure all matters in dispute in proceedings effectually and completely determined; (iii) decision in favour of applicants would directly affect applicants' legal rights; (iv) decision in favour of applicants would directly affect applicants' financial interests--R. 104 providing Court may order person to join in proceeding if presence before Court necessary to ensure all matters in dispute effectually and completely determined--In determining circumstances making person's presence necessary, Court referred to Amon v. Raphael Tuck & Sons Ltd., [1956] 1 Q.B. 357 setting out meaning of "necessary"--Question in action cannot be effectually and completely settled unless addition of party and answer to question affect legal rights of party wanting to join proceeding--Whether defendants owed applicants duty to consult in negotiating agreements cannot be completely settled without adding applicants as defendants--Accordingly, applicants' presence necessary to ensure all matters in dispute in proceeding may be effectually and completely determined; applicants' addition as defendants to action under r. 104(1)(b) ordered--Motion by applicants to participate in proceedings as defendants allowed--Federal Court Rules, 1998, SOR/98-106, rr. 104(1)(b), 109.