ABORIGINAL PEOPLES |
Lands |
Morin v. Canada
T-1252-99
Heneghan J.
29/6/00
11 pp.
Motion seeking preliminary determination on question of law--Lands forming part of reserve surrendered conditionally to Federal Crown for purpose of leasing--Plaintiffs entered into several leases between themselves, defendant--Leases for five-year period beginning April 1, 1999, ending March 31, 2004--Crown acting as fiduciary when entering into leases of Indian lands--Under Constitution Act, 1867, s. 91(24), Federal Parliament has jurisdiction for making of laws with respect to "Indians, and Lands reserved for the Indians"--Under Indian Act, s. 88, provincial laws of general application applicable to Indians where such laws not inconsistent with Indian Act--Number of exceptions to that general rule--Ontario legislation in question law of general application--Whether Tenant Protection Act of Ontario falls within one of exceptions, otherwise inapplicable--Power to regulate lands in issue forming integral part of primary federal jurisdiction over Indians and lands reserved for Indians--Parliament having occupied field by provisions of Tenant Protection Act--Status of lands as "Indian Lands" not changed simply by virtue of execution of leases--"Indianness" not limited to individuals, can also apply to describe Indian lands--Lands reserved for Indians at core of federal jurisdiction--Tenant Protection Act of Ontario, while law of general application validly enacted by legislature of Ontario, not applicable to leases herein--Tenant Protection Act, S.O. 1997, c. 24--Indian Act, R.S.C., 1985, c. I-5, s. 88--Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item I) [R.S.C., 1985, Appendix II, No. 5], s. 91(24).