ABORIGINAL PEOPLES |
Laforme v. Mississaugas of the New Credit First Nation Band Council
A-455-96
Strayer J.A.
11/5/00
6 pp.
Appeal from trial judgment dismissing application for judicial review--Indian Act, s. 85.1(1) permitting band council to make by-laws (a) prohibiting sale, barter, supply or manufacture of intoxicants on reserve; (d) providing for exceptions to prohibitions in par. (b) or (c)--Band Council adopting by-law prohibiting sale, barter, or supply of intoxicants on reserve; defining "supply" as "serve, furnish or deliver otherwise than by sale or barter, except where the intoxicant is used or intended to be used solely by a person in his/her home or private dwelling to which he/she has been invited"--Appellant bringing judicial review proceeding to have by-law quashed, declared ultra vires on ground created exception to prohibition against "supply" contrary to s. 85.1(1)(d) which does not permit exceptions to prohibitions adopted under s. 85.1(1)(a)--Motions Judge holding by-law not creating exception to prohibition of supply because "supply" not covering domestic use of intoxicants--Appeal allowed--In applying interpretative principle noscitur a sociis, Motions Judge assumed all other activities in s. 85.1(1)(a) (sale, manufacture, barter) commercial in nature and thus supply confined to commercial activities--But ordinary meaning of "supply" (in French "fourniture") embracing both commercial, non-commercial activities--"Manufacture" used in association with "supply" having both commercial, non-commercial sense--Thus "supply" not excluding domestic serving of drinks--Band trying to create major exceptions to prohibition of "supply"--Definition of "supply" invalid because exception precluded by s. 85.1(1)(d)--Severable from remainder of by-law--Indian Act, R.S.C., 1985, c. I-5, s. 85.1(1) (as enacted by R.S.C., 1985 (1st Supp.), c. 32, s. 16).