A-342-77
Peter Canatonquin, Hugh Nicholas, Peter
Etienne, Kenneth Simon, John Montour, Wesley
Nicholas, Edward Simon, Joe Nelson, Haslem
Nelson, all of the Oka Reserve and "holding them
selves out as" Chiefs thereof, and carrying on
"illegally" under the name "Six Nations Iroquois
Confederacy (Six Nations Traditional Hereditary
Chiefs)" (Appellants) (Defendants)
v.
Louis Gabriel, Crawford Gabriel, Norman Simon,
Richard Gabriel, Lawrence Jacobs, Mavis Etienne
and Ronald Bonspille, all duly registered as the
owners of •`Kanesatakeronon Indian League for
Democracy" (Respondents) (Plaintiffs)
and
The Queen in right of the Dominion of Canada,
with specific reference to the Department of
Indian Affairs (Mis -en-cause)
Court of Appeal, Pratte, Urie and Ryan JJ.—
Montreal, May 13, 1980.
Jurisdiction — Appeal from decision of Trial Judge that the
council of an Indian band is a `federal board" and that
consequently, the Trial Division has jurisdiction in the matter
brought before it — No merit in appellants' contention that the
validity of an elected council is governed by customary Indian
law and not by a federal statute — Appeal dismissed —
Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, ss. 2, 18.
APPEAL.
COUNSEL:
W. S. Grodinsky for appellants (defendants).
C. E. Schwisberg, Q.C. for respondents
(plaintiffs).
No one appearing for mis -en-cause.
SOLICITORS:
O'Reilly & Grodinsky, Montreal, for appel
lants (defendants).
Schwisberg, Golt, Benson & MacKay, Mon-
treal, for respondents (plaintiffs).
Deputy Attorney General of Canada for
mis -en-cause.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: We are all of the view that the
judgment below [[1978] 1 F.C. 124] correctly held
that the council of an Indian band is a "federal
board" within the meaning of section 2 of the
Federal Court Act, R.S.C. 1970 (2nd Supp.), c.
10, and that, as a consequence, section 18 of that
Act gave to the Trial Division jurisdiction in the
matter.
We see no merit in the appellants' contention
that the Trial Division does not have jurisdiction
because the only issue raised by the action, namely
the validity of the election of the defendants to the
Council of the Band, is governed by customary
Indian law and not by a federal statute.
The appeal will therefore be dismissed with
costs.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.