PRACTICE |
Soowahlie Indian Band v. Canada (Attorney General)
T-1258-00
Rouleau J.
29/1/01
7 pp.
Appeal from Aronovitch P.'s order dismissing respondent's motion to convert applicants' judicial review application into action under Federal Court Act, s. 18.4--Applicants members of four Indian bands forming part of Sto:lo Aboriginal Nation, representing Aboriginal people living in, around Chilliwack, B.C.--Commenced judicial review application challenging validity of Order-in-Council P.C.-2000-925 which authorizes Minister of Defence to transfer title of 62 hectares of land to Canada Lands Company Ltd.--Respondent brought motion to convert judicial review application into action on basis application, supporting evidence raised issue of proof of Aboriginal rights, title to lands in question--Motion dismissed by Aronovitch P.--Appeal allowed--Case law clearly established cases requiring proof of Aboriginal rights, title require determination by way of action--Applicants' judicial review application raising issues of proof of Aboriginal rights, title which can only be determined by way of trial--Application should be converted into action--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4 (as enacted by S.C. 1990, c. 8, s. 5).