NATIVE PEOPLES |
Williams v. Squamish Indian Band Council
T-1060-02
2003 FCT 50, Rouleau J.
20/1/03
21 pp.
Judicial review of Squamish Indian Band Council (Council) decision no funds owed by Council to applicant--Applicant's mother unable to provide care for applicant--From age of three until majority, applicant lived with grandmother--As applicant's caregiver, grandmother collected Guardian Financial Assistance (GFA) funds to assist with maintenance and upbringing of applicant--Whether Council's decision declining applicant's request for payment of sum of money equal to amount paid to grandmother while applicant minor reasonable--Whether Council had fiduciary trust responsibility and/or trust duty to applicant including putting all of applicant's monies into trust account until reaching age of majority--Court found respondent had fiduciary responsibility towards applicant as minor to make decisions regarding expenditure of distribution monies in applicant's best interest--Applying criteria set out in Frame v. Smith, [1987] 2 S.C.R. 99 respondent clearly holding all power over distribution of monies belonging to minor members of Squamish Nation--Whether respondent's failure to place applicant's distribution funds in interest-bearing trust account until applicant reached age of majority constituting a breach of fiduciary obligations--Evidence clearly showed respondent acted in good faith and in best interest of applicant by releasing distribution monies to grandmother--Respondent had no duty over and above obligation to make decisions regarding distribution of applicant's funds in best interest of applicant--Respondent's decision to release funds to applicant's grandmother for maintenance and upbringing not only valid exercise of discretion in applicant's best interest, but entirely appropriate course of action--Thus, respondent's refusal to pay applicant's distribution monies second time reasonable and correct--No evidence showing respondent failed to make decision in applicant's best interests-- Application failed to disclose reasonable cause of action-- Applicant completely omitted to plead any prejudice or damage suffered resulting from respondent's decision not to pay funds--Omission clearly showing applicant having no arguable case--Applicant decided nevertheless to bring present application for judicial review in attempt to benefit twice at expense of other members of Squamish Nation Band and retained services of counsel--Applicant's course of conduct wasted Court's time and resources and clearly results in abuse of process--Application dismissed with costs.