NATIVE PEOPLES |
Morin v. Canada
T-132-02
2004 FC 699, Campbell J.
13/5/04
8 pp.
Statutory appeal of Minister of Indian and Northern Affairs' decision information received not sufficiently compelling to reverse approval of 1954 will, approve 1986 testamentary document--Appeal concerning powers purportedly exercised by Minister under Indian Act, s. 42 with respect to "probate" of will and purported will, each apparently executed by same person--Minister's actions with respect to "wills" subject of order in Morin v. Canada (2001), 213 F.T.R. 291 (F.C.T.D.) in which Dawson J. made critical findings of law with respect to legal requirements expected of probate decisions made by Minister--As Dawson J. found, probate decision concerning purported second will must include determination of its validity--Since Minister required by law to make determination on validity of purported will, not possible to "read in" compliance with this requirement where no such determination appears on face of decision--Minister's decision patently unreasonable--Appeal allowed--Indian Act, R.S.C., 1985, c. I-5, s. 42.