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Ward v. Samson Cree Nation No. 444
T-1244-92
2002 FCT 176, Hugessen J.
19/2/02
3 pp.
Motion for summary judgment for declarations plaintiffs members of Samson Band--Court cannot safely determine grounds put forward by plaintiffs on motion for summary judgment--Evidence solely documentary--Documents confusing, often contradictory, no expert evidence to assist Court in construing documents and understanding context--However, following coming into force of amendments to Indian Act in 1987, plaintiffs's names added to Samson Band's list by Registrar--Although Act provided for protests to inclusions or exclusions from band lists effected by Registrar, Band did not protest inclusion of two plaintiffs on Samson Band list, which is accordingly beyond dispute--Although Band has always taken position Registrar has no power to establish Band membership, has not taken that position on this motion for summary judgment--Here, Band asserted not subject to provisions of Act amendments-- No evidence produced herein in support of Band's position on constitutional question, and no notice given in accordance with Federal Court Act, s. 57--Matter cannot be decided in Band's favour on summary judgment motion; therefore decided against Band, whose constitutional defence dismissed--Declaration will issue that plaintiffs, at least since June 29, 1987, have been members of Samson Band--Indian Act, R.S.C., 1985, c. I-5 (as am. by R.S.C., 1985 (1st Supp.), c. 32)--Federal Court Act, R.S.C., 1985, c. F-7, s. 57 (as am. by S.C. 1990, c. 8, s. 19).