ADMINISTRATIVE LAW |
Judicial Review |
Huzar v. Sawridge Indian Band
A-326-98
Evans J.A.
13/6/00
3 pp.
Appeal from Motions Judge's decision ((1997), 139 F.T.R. 81) permitting amendment of statement of claim by adding paragraphs alleging Sawridge Indian Band rejected respondents' membership applications by misapplying Band membership rules, claiming declaration rules discriminatory, exclusionary, invalid; and dismissing motion to strike statement of claim as disclosing no reasonable cause of action--Appeal allowed--Amending paragraphs amount to claim for declaratory or prerogative relief against Band which is federal board, commission or other tribunal within definition in Federal Court Act, s. 2--By s. 18(3), declaratory or prerogative relief may only be sought against federal board, commission or other tribunal on application for judicial review under s. 18.1--Amending paragraphs therefore cannot be included in statement of claim--Without proposed amending paragraphs unamended statement of claim disclosing no reasonable cause of action in so far as asserts respondents entitled to Band membership without Band's consent--Until Band's membership rules found invalid, respondents having, at best, right to apply for membership--Statement of claim struck as disclosing no reasonable cause of action--Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (as am. by S.C. 1990, c. 8, s. 1), 18(3) (as am. idem, s. 5).