Date: 20040503
Docket: A-495-03
Citation: 2004 FCA 178
CORAM: LINDEN J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
SAMSON CREE NATION
Appellants
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondent
and
ANDREW MARK BUFFALO also known as ANDREW MARK FREEMAN
on his own behalf and on behalf of all other members of the
Samson Cree Nation on whose behalf Her Majesty the Queen holds
unpaid per capita distributions in the Samson Band Suspense Account
Respondents
Docket: A-714-02
BETWEEN:
ANDREW MARK BUFFALO also known as ANDREW MARK FREEMAN
on his own behalf and on behalf of all other members of the
Samson Cree Nation on whose behalf Her Majesty the Queen holds
unpaid per capita distributions in the Samson Band Suspense Account
Respondents
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the
MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondent
BETWEEN:
SAMSON CREE NATION
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondent
Heard at Vancouver, British Columbia on May 3, 2004, 2004.
Judgment delivered from the Bench at Vancouver, British Columbia on May 3, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20040503
Docket: A-495-03
Citation: 2004 FCA 178
CORAM: LINDEN J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
SAMSON CREE NATION
Appellants
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondent
and
ANDREW MARK BUFFALO also known as ANDREW MARK FREEMAN
on his own behalf and on behalf of all other members of the
Samson Cree Nation on whose behalf Her Majesty the Queen holds
unpaid per capita distributions in the Samson Band Suspense Account
Respondents
Docket: A-714-02
BETWEEN:
ANDREW MARK BUFFALO also known as ANDREW MARK FREEMAN
on his own behalf and on behalf of all other members of the
Samson Cree Nation on whose behalf Her Majesty the Queen holds
unpaid per capita distributions in the Samson Band Suspense Account
Respondents
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the
MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondent
BETWEEN:
SAMSON CREE NATION
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia on May 3, 2004)
NOËL J.A.
[1] These are two appeals from judgments by Hugessen J. relating to competing claims to moneys being held by the Crown in trust for members of the Samson Band.
[2] By an order rendered march 5, 2003 Hugessen J. held that the moneys in question were payable to Andrew Mark Buffalo et al. as a representative of a class of people on whose behalf the moneys are being held.
[3] By a subsequent order rendered October 9, 2003 Hugessen J. certified the class of persons who were entitled to the per capita distributions and denied the motion brought by the Samson Cree Nation for leave to intervene in the proceedings leading to the determination of the individual entitlement of the members of that class.
[4] The Samson Cree Nation now appeals both aforesaid decisions.
[5] We have not been persuaded that Hugessen J. committed any error in coming to the conclusion that he did in either decision. Both appeals will be dismissed with costs payable by the Appellants to the Respondents Andrew Mark Buffalo et al.
[6] These reasons and the accompanying order will be filed in A-495-03 and a copy will be filed in A-714-02.
(Sgd.) "Marc Noël" J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-495-03
STYLE OF CAUSE: SAMSON CREE NATION v. THE QUEEN ET AL.
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: May 03, 2004
REASONS FOR JUDGMENT : JUSTICE MARC NOEL
DATED: May 03, 2004
APPEARANCES:
Ms. Priscella E. Kennedy FOR APPELLANT
Mr. Terrence Glancy FOR RESPONDENT
Mr. Kevin Kemmis FOR RESPONDENT
SOLICITORS OF RECORD:
Ms. Priscella E. Kennedy FOR APPELLANT
Parlee McLaws LLP.
Edmonton, AB
Mr. Terrence Glancy FOR RESPONDENT
Royal McCrum Duckett & Glancy
Edmonton, AB
Mr. Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada