PRACTICE |
Parties |
Intervention |
Shubenacadie Indian Band v. Canada (Attorney General)
A-257-01
2002 FCA 512, Sexton J.A.
18/12/02
3 pp.
Appeal of order of Motions Judge granting leave to Native Council of Nova Scotia to intervene on issue of non- representation of non-status and off-reserve Indians and impact of Indian Act on such people and their dispersal from traditional territories--Counsel not explaining how pleadings raise any issue with respect to Indian Act or impact on such people and their dispersal from traditional territories-- Pleadings not raising these issues--Furthermore, person seeking to intervene in proceeding must describe how wishes to participate in proceeding and how participation will assist determination of factual or legal issue related to proceeding: Federal Court Rules, 1998, r. 109--Affidavit filed in support of intervener failed completely to meet requirements of r. 109--No indication of Council's interest in present litigation or how Council could assist in determination of any of issues--Appeal allowed--Federal Court Rules, 1998, SOR/98-106, r. 109--Indian Act, R.S.C., 1985, c. I-5.