Moon v. Campbell River Indian Band
A-679-96
Marceau J.A.
7/6/99
4 pp.
Appeal from Trial Division decision ([1996] 3 F.C. 907) allowing action by adopted Indian children seeking payment from Band, Band Council of per capita amounts paid to each Band member in years 1979 to 1992, 1995-Trial Judge right in interpretation of Indian Act, ss. 10, 13-S. 10 rendered necessary in 1951 when Indian status, Band membership ceased to be co-extensive-Provision aiming at carry-over customary rule husband, as head of family, brings with him into Band wife, children-Adopted respondents from 1978, other respondents from year of birth full, legal members of Campbell River Band, entitled to receive Christmas allocations payable by decision of Band Council as approved by Minister to each member of Band-True trust relationship between Band Council, members of Band in respect of payment of allocations-Difficulty raised by wording of Federal Court Act, s. 36(6) stating in fine "no interest shall be awarded for a period prior to February 1, 1992"-Parliament not taking away power exercised by Court since creation by indirect, incidental provision-Meant new provisions of s. 36 applicable from date of coming into force of amendment-Appeal dismissed-Indian Act, R.S.C. 1970, c. I-6, ss. 10, 13-Federal Court Act, R.S.C., 1985, c. F-7, s. 36(6) (as am. by S.C. 1990, c. 8, s. 9).