PRACTICE |
Judgments and Orders |
Salt River First Nation 195 Councillors v. Marie
A-286-03
2003 FCA 384, Rothstein J.A.
20/10/03
7 pp.
Appeal from F.C.T.D. decision related to appeal in Court file A-244-03--In that appeal, Court reviewing T.D. order dated May 29, 2003 dealing with dispute as to which of two groups lawful councillors of Salt River Band--Appeal dismissed by Court--T.D. order dated May 29, 2003 final order--Following land claim settlement, more than $60 million held for Band by Royal Trust Company in Winnipeg as trustee--On January 10, 2003, Motions Judge ordered funds held by Royal Trust Company as trustee for Band be frozen until further order of Court--On May 29, 2003, Motions Judge ordered January 10, 2003 order to remain in effect--On June 20, 2003, Motions Judge made order now under appeal--Whether Motions Judge had jurisdiction to make June 20, 2003 order specifying signing officers, requiring Chief be mandatory signing officer on all negotiable instruments--June 20, 2003 order made without jurisdiction --Under Federal Court Act, s. 18.2, once final order of Federal Court made, all prior interim orders cease to have effect--Once application finally disposed of nothing left pending--Any interim order that may have been made ceases to have continuing effect--January 10, 2003 order quite proper as interim order pending determination as to which of disputing groups lawful Chief, Councillors of Band--But once final order of May 29, 2003 determined that issue, January 10, 2003 order spent, could not be extended by paragraph 50 of Motions Judge's reasons--After final order made, no jurisdiction in Federal Court to make further interim orders--Therefore, June 20, 2003 order could not be considered interim order--Jurisdiction of Federal Court to make orders following final order limited--Court may only do so on motion to reconsider under r. 397(1); in order to correct clerical mistakes, errors, omissions under r. 397(2); or on motion to set aside, vary order by reason of matter that arose, was discovered subsequent to making of order or when order obtained by fraud under r. 399--None of provisions invoked by appellants herein before Motions Judge--Once Motions Judge finally determined who were rightful members of Band Council, had no jurisdiction to intervene in exercise of Council's powers, including power to appoint signing officers--Appeal allowed--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5; 2002, c. 8, s. 28)--Federal Court Rules, 1998, SOR/98-106, rr. 397, 399.