Date: 19990706
Docket: T-1874-92
EDMONTON, ALBERTA, TUESDAY, THE 6th DAY OF JULY, 1999.
PRESENT: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
| KATHLEEN STEINHAUER-ANDERSON |
Plaintiff
| - and - |
| HER MAJESTY THE QUEEN in the Right of Canada |
as represented by THE MINISTER OF INDIAN AFFAIRS
| AND NORTHERN DEVELOPMENT and THE SADDLE |
| LAKE FIRST NATION |
Defendants
ORDER
UPON noting that the Plaintiff has amended her claim herein to include, in paragraph 28 (b) of her Amended Amended Amended Statement of Claim, a claim for a declaration that she is entitled, under sections 6(1)(f) and 11(2)(b) of the Indian Act, R.S.C. 1985, c. I-5, as amended (hereinafter the "Indian Act"), to have her name entered in the Band List maintained in the Department of Indian Affairs for the Saddle Lake Band;
AND UPON noting that the Plaintiff presently seeks membership in the Saddle Lake Band and that the Registrar (under the Indian Act) is prepared to register the Plaintiff, and enter her name in the Saddle Lake Band List, forthwith in accordance with sections 6(1)(f) and 11(2)(b) of the Indian Act;
AND UPON noting the agreement of the parties that both parents of the Plaintiff were, at the time of their death, entitled to be registered under section 6 of the Indian Act, and were members of the Saddle Lake Band;
AND UPON noting that the plaintff has undertaken to take all reasonable steps to remove herself from membership in the Blood Band forthwith upon the endorsement of this Order;
AND UPON hearing submissions from counsel and upon noting the consent of counsel for the Plaintiff and counsel for the Defendant, Her Majesty the Queen in Right of Canada as represented by the Minister of Indian and Northern Affairs;
AND UPON noting the objection of Counsel for the Saddle Lake First Nation
I HEREBY DECLARE THAT:
The Plaintiff is entitled to have her name registered under s. 6(1)(f) of the Indian Act and to have her name added to the Saddle Lake Band List pursuant to section 11(2)(b) of the Indian Act;
| (a) The Plaintiff shall, forthwith upon the expiry of the period for an appeal of this Order and provided that this Order has not been appealed during that period, file a discontinuance of the remaining claims in action T-1874-92; |
| (b) There shall be no order of costs for this action (the parties having reached an agreement as to costs). |
"Douglas R. Campbell"
Judge
Date: 19990706
Docket: T-1874-92
BETWEEN:
| KATHLEEN STEINHAUER-ANDERSON |
Plaintiff
| - and - |
| HER MAJESTY THE QUEEN in the Right of Canada |
as represented by THE MINISTER OF INDIAN AFFAIRS
| AND NORTHERN DEVELOPMENT and THE SADDLE |
| LAKE FIRST NATION |
Defendants
REASONS FOR ORDER
CAMPBELL, J.:
[1] I find that the principle purpose for the Plaintiff bringing this action is to have her name entered in the Band List maintained by the Department of Indian Affairs for the Saddle Lake Band. In the Amended Amended Statement of Claim an intricate argument is made that this can be accomplished under section 11(1)(a) of the Indian Act, 1985. Now, another new and more straightforward route to the same result has been found under sections 6(1)(f) and 11(2)(b). Indeed, none of the parties to this action contest the factual basis for the Plaintiff's qualification under these provisions.
[2] I find that, from the time the Saddle Lake Band applied for status as a party, and as stated in clause 4 of the Amended Amended Statement of Defence, the principle position of the Saddle Lake Band is that the Plaintiff has no rights of membership in the Saddle Lake Band as a consequence of the Indian Act, 1985.
[3] Therefore, I find that the proposed amendment to include the new route is squarely within the issues under contest to date, and no surprise or prejudice flows to either the Crown or the Saddle Lake Band from the amendment proposed being granted.
[4] Indeed, the Crown consents to the amendment, and further consents to a declaration that the new straightforward route entitles the Plaintiff to have her name entered on the Band List maintained in the Department of Indian Affairs for the Saddle Lake Band.
[5] Since the Saddle Lake Band entered this action as a party to defend against the very result presently proposed by the Plaintiff and the Crown, I find that it should be held to its entry and objection. Accordingly, the Saddle Lake Band's application to withdraw from the action at this stage is denied.
[6] It being on the record that the Saddle Lake Band objects to the amendment being sought and the order consented to between the Plaintiff and the Crown, nevertheless, I hereby :
DECLARE the Plaintiff is entitled to have her name registered under section 6(1)(f) of the Indian Act and to have her name added to the Saddle Lake Band List pursuant to section 11(2)(b) of the Indian Act;
I ALSO HEREBY ORDER THAT
| (a) The Plaintiff shall forthwith upon expiry of the period for an appeal of this Order and provided that this Order has not been appealed during that period, file a discontinuance of the remaining claims in action T-1874-92; and |
| (b) There shall be no order of costs for this action (the parties having reached an agreement as to costs). |
"Douglas R. Campbell"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-1874-92
STYLE OF CAUSE: Kathleen Steinhauer-Anderson
v. Her Majesty the Queen et al.
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: July 6, 1999
REASONS FOR ORDER OF CAMPBELL, J.
DATED: July 6, 1999
APPEARANCES:
Jean McBean, Q.C. for the Plaintiff
Dale Gibson
Ranji Jeerakathil
Barbara Ritzen for the Defendant
James Baird Her Majesty the Queen et al.
Karin Buss for the Defendant
The Saddle Lake First Nation
SOLICITORS OF RECORD:
Dale Gibson & Associates for the Plaintiff
McBean, Becker
Edmonton, Alberta
Morris Rosenberg for the Defendant
Deputy Attorney General of Her Majesty the Queen et al.
Canada
Ackroyd, Piasta & Company for the Defendant
Edmonton, Alberta The Saddle Lake First Nation