Powless v. Sandy
T-905-93
Wetston J.
17/5/95
8 pp.
Action to enforce oral agreement for purchase and sale of land located on Indian reserve -- Both parties to agreement aboriginal people -- No deed or mortgage or documents signed in respect of land or house on land -- Defendant holding certificate of possession with respect to property, pursuant to Indian Act, s. 20(2) -- Absent specific statutory grant of jurisdiction pursuant to Act, Court's jurisdiction in matter must be conferred by Federal Court Act or by another federal statute-Federal Court Act, s. 17 conferring on Court jurisdiction in matters of land, goods or money of any person in Crown's possession-Parties to litigation individuals; no involvement of particular band; Crown not named as party in any capacity -- Reliance on Mathias v. Findlay (1978), 4 W.W.R. 653 (B.C.S.C.) holding possession of reserve land resting with band -- Reserves representing unique form of land tenure, defying classification under traditional property law -- Mathias also holding band may sue in Supreme Court of B.C. and provisions of Act inapplicable-Although natives having common law right to bring action for possession, Federal Court statutory court requiring specific grant of jurisdiction -- Crown not having legal or physical possession pursuant to Act -- Court without authority to hear matter -- Action dismissed -- Indian Act, R.S.C., 1985, c. I-5, s. 20(2) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 17 (as am. by S.C. 1990, c. 8, s. 3).