Squamish Indian Band v. Canada
T-1636-81
Hargrave P.
9/8/96
9 pp.
Motions by Burrard Indian Band to amend statement of claim in action T-956-93 and to amend defence in T-1636-81, principally to delete claims in aboriginal title and interest in False Creek Indian Reserve No. 6, to allow it to pursue ongoing treaty negotiations with Province of British Columbia and Federal Government-Squamish Band and Crown submit amendments unhappy compromise between litigation and treaty negotiation as pleadings would still contain all elements needed to establish Aboriginal title; Burrard Band ought to withdraw elements of Aboriginal title in whole, or not at all-Motions denied-Issue whether amendment can be made without injustice to other parties-Also, amendment should be allowed if party acts in good faith and not trying to overreach opponent-Of course, amendments must be necessary for purpose of determining real question in controversy between parties-Removal of just some facts bearing on Aboriginal title serving to cloud and confuse issue of Aboriginal title and neither facilitating Court's consideration of true substance of dispute on merits, nor complying with R. 420 to assist in determining real question in controversy-Therefore, amendment immaterial and useless-Pleading trying to overreach opponents-Result of amendment would leave issue in state of limbo, to detriment of other parties, for indefinite period-Would work injustice not compensable in costs-Federal Court Rules, C.R.C., c. 663, R. 420.