Samson Indian Band and Nation v. Canada
T-2022-89
Jerome A.C.J.
16/10/92
11 pp.
Application for interlocutory injunctive relief -- Applicant seeking appointment of Receiver-Manager to receive forthwith all monies held by Crown to Band's credit as well as all future oil and gas revenues payable to Crown in trust for Band -- Reserve lands giving rise to oil and gas revenues in question surrendered to Crown in 1946 whereby reserves, natural resources and royalties to be held by Crown in trust for use and benefit of Band -- Crown under fiduciary obligation to Band -- Royalties held and administered by Crown in Consolidated Revenue Fund for benefit of Band -- Band alleging improper management of monies (conversion to Crown's own use), preservation thereof requiring monies be removed from Crown's control, breach of fiduciary relationship, relevant provisions unconstitutional -- Parties disagree as to characterization of funds under various Acts, content of fiduciary duty -- Application dismissed -- Balance of convenience test not met -- "Intangible losses" claimed by applicants continuing for many years -- Although applicant may continue to suffer disadvantage until trial, additional time not creating irreparable injury incapable of precise monetary measurement -- Order not directed toward preservation of status quo -- Relief sought would effect drastic change -- Prerequisite to mandamus order of public duty clearly and unequivocally expressed in governing statute not met -- Order would dispose of action finally -- Equivalent to award of summary judgment and denial of proper opportunity to respondent to argue its case -- Public interest precludes order at this stage -- Potential for profound third-person ramifications as decision's consequences could extend to anyone with anything on deposit in Consolidated Revenue Fund -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 17 (as am. by S.C. 1990, c. 8, s. 3), 18 (as am. idem, s. 4), 44 -- Federal Court Rules, C.R.C., c. 663, RR. 319 (as am. by SOR/88-221, s. 4), 469, 470 -- Indian Act, R.S.C., 1985, c. I-5, ss. 2, 61, 62, 64 (as am. by R.S.C., 1985 (1st Supp.), c. 32, s. 10), 69 -- Indian Oil and Gas Act, R.S.C., 1985, c. I-7, s. 4 -- Financial Administration Act, R.S.C., 1985, c. F-11, ss. 2, 17.