Date: 20021010
Docket: A-23-01
Neutral citation: 2002 FCA 385
CORAM: ROTHSTEIN J.A.
BETWEEN:
TRON GREGORY GAMBLIN and ANGELA FAYE MONIAS
Appellants
and
NORWAY HOUSE CREE NATION BAND COUNCIL
Respondent
Heard at Winnipeg, Manitoba, on October 10, 2002
Judgment delivered from the Bench at Winnipeg, Manitoba, on October 10, 2002.
REASONS FOR JUDGMENT BY: SEXTON J.A.
Date: 20021010
Docket: A-23-01
Neutral citation: 2002 FCA 385
CORAM: ROTHSTEIN J.A.
BETWEEN:
TRON GREGORY GAMBLIN and ANGELA FAYE MONIAS
Appellants
and
NORWAY HOUSE CREE NATION BAND COUNCIL
Respondent
REASONS FOR JUDGMENT
[1] The appellants appeal against the Order of the Trial Division which dismissed an application for an Order to quash a decision of the Respondent Band Council to evict the Appellants from a trailer allocated to them by the Band Council in which they were living on Norway House Indian Reserve.
[2] The Trial Judge held that the decision of the Band Council to evict the Appellants was reasonable in light of the Appellant Gamblin's breach of the condition of his tenancy agreement with the Band which prohibited the use and trafficking of illegal drugs in the dwelling.
[3] The Trial Judge held that the Band Council did not hold the property on the reserve in trust but rather the property was held directly by the Band.
[4] The Appellant argued before us that:
firstly the Trial Judge was wrong in declining to find a trust;
secondly the Trial Judge was wrong in finding there was breach of any tenancy agreement, and
thirdly the Trial Judge erred in concluding there was no duty of fairness owed by the Band Council to the Appellants in the sense of providing them with a hearing before being evicted.
[5] It is our view that whether or not the Band Council held the property outright or in trust does not affect the right of the Band Council to make agreements with respect to tenancy and to enforce their terms.
[6] There was evidence upon which the Trial Judge could conclude there was a tenancy agreement between the Band Council and Gamblin and that a term of this agreement was that Gamblin would not use or traffic in illegal drugs on the premises.
[7] There was also evidence which would allow him to conclude that Gamblin had breached this condition.
[8] As to the duty of fairness, we have not been referred to any authority which holds that there is an obligation on the Band Council to provide a hearing concerning the enforcement of the terms of tenancy agreements into which it enters.
[9] The appeal will therefore be dismissed with costs fixed at $5000 inclusive of disbursements.
"J. Edgar Sexton"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
An appeal from a decision dated December 18, 2000 in Docket T-640-99 of the Trial Division.
DOCKET: A-23-01
STYLE OF CAUSE: Tron Gregory Gamblin and Angela Faye Monias v. Norway House Cree Nation Band Council
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING:October 10, 2002
REASONS FOR JUDGMENT OF
THE HONOURABLE MR. JUSTICE SEXTON
DATED OCTOBER 10, 2002
APPEARANCES:
Mr. Michael Paluk for the Appellants
Mr. Norman Boudreau for the Respondent
SOLICITORS OF RECORD:
Aboriginal Centre Law Office
409 - 181 Higgins Avenue
Winnipeg, Manitoba R3B 3G1 for the Appellants
Booth Dennehy
387 Broadway
Winnipeg, Manitoba R3C 0V5 for the Respondent