Digests

Shubenacadie Indian Band v. Canada (Attorney General)

T-1525-00

2001 FCT 1049, Hugessen J.

26/9/01

6 pp.

Motion by defendant Crown to strike out statements of defence filed by Union of Nova Scotia Indians, Confederacy of Mainland Mi'kmaq--Two bodies not parties to original application for judicial review--Added as parties respondent by order given by Pelletier J.--Decision of Pelletier J. not itself appealed, otherwise questioned--Following addition of two bodies as parties respondent, proceedings converted into action--New defendants filing statements of defence attacked by present motion--Two grounds of attack serious but unfounded--First, as to jurisdiction, Court had jurisdiction when parties added as parties respondent to application for judicial review, and at time application for judicial review converted to action--Operation of converting application for judicial review into action not having effect of automatically depriving Court of jurisdiction--Jurisdiction in Court vested by Federal Court Act, s. 18 which gives Court jurisdiction to hear applications for judicial review--With regard to r. 104, same considerations apply--Proceedings not ceasing to be judicial review proceedings simply because converted into action--Union of Nova Scotia Indians, Confederacy of Mainland Mi'kmaq continuing to be defendants but only to extent of their interest in outcome of action relating to judicial review of decisions of Minister attacked--Two bodies having very limited interest in action--Court will be vigilant in seeing status as defendants not abused--Will make sure two parties defendant do not use status as defendant to conduct "cream puff" cross-examinations of witnesses, to set up "straw men" for plaintiffs to knock down--Motion dismissed--Federal Court Act, R.S.C., 1985, c. F-7, s. 18 (as am. by S.C. 1990, c. 8, s. 4)--Federal Court Rules, 1998, SOR/98-106, r. 104.