Stoney Band. v. Stoney Band Council
T-912-96
Heald D.J.
22/8/96
14 pp.
Application for interim relief in action for breach of fiduciary, trust obligations-Proceedings stayed against Crown pending final disposition of Federal Court action T-307-96-Court lacking jurisdiction to hear, determine application as against Band Council, Band employees-Band Council federal board within Federal Court Act, s. 2-Employees not members of federal board, commission or tribunal-First element of test for jurisdiction enunciated in ITO-International Terminal Operators Ltd. v. Miida Electronics Inc., [1986] 1 S.C.R. 752 not satisfied in relation to either band council or employees i.e. statutory grant of jurisdiction by federal Parliament-(a) Statutory grant of jurisdiction must be found in either Federal Court Act or another Act of Parliament-Neither Indian Act nor Federal Court Act revealing statutory grant of jurisdiction with respect to claims against band council, employees-Federal Court Act, s. 17(5)(b), conferring jurisdiction with respect to relief sought in relation to Crown officer, servant or agent, not providing statutory grant of jurisdiction-Although cases suggesting Band Council could in some circumstances act as Crown agent, applicants not alleging any facts establishing either Band Council or employees acting as Crown agent-(b) Since February 1, 1992 only obtaining relief described in s. 18(1) against federal board on application for judicial review made under s. 18.1-No provision for action against federal board-S. 18 not conferring jurisdiction over employees as not federal board-(c) Federal Court Act, s. 25 not applicable-Claim for relief or remedy may be obtained in any other court established or continued under any of Constitution Acts, 1867 to 1982-Declaratory relief, orders in nature of mandamus sought against Band Council may be obtained by application for judicial review under s. 18.1-Once such application commenced, applicants could rely on s. 44 to seek order for receiver/manager-Damages cannot be awarded against federal board pursuant to application for judicial review, since only those remedies provided for in s. 18(1)(a) available in such proceeding-Action for damages could be commenced in provincial superior court-Similarly applicants could seek accounting against Band Council in provincial superior court-Similarly action for relief against band employees could be commenced in provincial superior court-Roberts v. Canada, [1989] 1 S.C.R. 322 distinguished-Statutory grant of jurisdiction with respect to Crown found in s. 17(1)-Since F.C.A. clearly interpreting section as not providing jurisdiction for any parties other than Crown, not providing statutory grant of jurisdiction with respect to band council, employees-Motion dismissed-Federal Court Act, R.S.C., 1985, c. F-7, ss. 17 (as am. by S.C. 1990, c. 8, s. 3), 18 (as am. idem, s. 5), 18.1 (as enacted idem), 25.