Ochiichagwe'babigo'ining First Nation v. Morrison
T-2955-94
Rouleau J.
15/12/95
8 pp.
Contempt of court-Motion to stay or vary order directing Ontario Provincial Police to enforce contempt orders-Certain members of Ochiichagwe'babigo'ining First Nation erected barricade, preventing number of defendants and other members of Band from returning to their homes located on Dallas Reserve near Kenora, Ontario-Band Chief and Councillor found in contempt and OPP ordered to take whatever measures necessary to remove barricade-Solicitor General of Ontario challenging jurisdiction of Federal Court to do so-Motion allowed-Road blocked by barricade integral part of reserve territory, not designated public highway or dedicated by Minister of Indian Affairs and Northern Development-For some months, OPP have been attempting to bring about solution through mediation-Neither OPP nor Ontario participated in show cause proceedings except to provide evidence-Neither represented nor afforded opportunity to make submissions-OPP not legal entity and Solicitor General of Ontario not federal board or other tribunal over which Court has jurisdiction-Further, Court without jurisdiction to grant relief against province even where province defendant in proceeding-No common law or inherent power by statute or otherwise in Federal Court over peace officers-Not in public interest judges should have authority or dominion over peace officers-Ontario Court judges' incarceration orders carried out by officers of correctional institutions, not police officers-Under Federal Court R. 355 and Federal Court Act, s. 55, legislation referring to sheriffs, bailiffs or marshalls-Finally, requests for assistance of OPP must be first directed to Commissioner (Police Services Act, s. 9(8))-Federal Court Act, R.S.C., 1985, c. F-7, ss. 55, 59-Federal Court Rules, C.R.C., c. 663, R. 355-Police Services Act, R.S.O. 1990, c. P.15, s. 9(8).