Canada ( Attorney General ) v. Inuvialuit Regional Corp.
A-95-94 / A-96-94 / A-97-94 / A-98-94
Hugessen J.A.
26/10/94
7 pp.
Applications for judicial review of awards by Arbitration Board -- Inuvialuit Final Agreement land claims settlement entered into by Government of Canada and approved, given effect and declared valid by Act of Parliament of Canada -- Agreement, s. 18 providing detailed scheme for arbitration of disputes by tribunal called "Arbitration Board"-Proceedings herein resulting from two closely related awards by two panels of Arbitration Board -- Question of Court's jurisdiction to hear proceedings raised as preliminary matter -- Whether judicial review jurisdiction lies in Court of Appeal or Trial Division-Arbitration Board "federal board, commission or other tribunal" under Federal Court Act, s. 2 -- At time Agreement, Act came into force, jurisdiction in judicial review lain with Court of Appeal under former provisions of s. 28(1) -- Arbitration Board not among tribunals listed in new s. 28(1) -- Court of Appeal continues to have jurisdiction to review impugned decisions herein -- Judicial review jurisdiction vested by Agreement, s. 18(31) in Federal Court of Appeal -- S. 28(1) not only source of Court of Appeal judicial review jurisdiction -- Court of Appeal having jurisdiction to hear applications for judicial review -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (federal board, commission or other tribunal) (as am. by S.C. 1990, c. 8, s. 1), 28 (as am. idem, s. 8) -- Western Arctic (Inu[ho]vialuit) Claims Settlement Act, S.C. 1984, c. 24.