Montana Band v. Canada
A-118-91
Marceau J.A.
8/10/92
4 pp.
Appeal from refusal to grant motion to strike third party notice -- (1) Three requirements for jurisdiction set out in ITO -- International Terminal Operators Ltd. v. Miida Electronics et al., [1986] 1 S.C.R. 752 met -- Statutory grant of jurisdiction satisfied by either Federal Court Act, s. 17(4) or (5) -- Existence of body of federal law essential to disposition of case which is "law of Canada" within Constitution Act, 1867, s. 101 satisfied -- Even if third party claim phrased in common law terms, resolution wholly guided by federal law governing relationship between aboriginal peoples/bands and federal administration/Government -- (2) Issues raised by Crown's claim in third party proceedings not plain and obvious -- Cannot presume cause of action advanced by Crown in third party proceedings lies in provincial tort law and engaging pure common law concepts -- Special body of law governing relationship between aboriginal people, Indian bands and federal authorities directly implicated -- (3) No merit in contention third party claim should not be allowed to stand because in view of relief sought or allegations raised, would constitute departure from previous pleadings -- No such departure -- Third party proceedings existing to allow defendant to force complete disposition of litigation in centre of which defendant finds himself -- Not deemed inconsistency -- Appeals dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 17(4),(5) -- Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item 1) [R.S.C., 1985, Appendix II, No. 5], s. 101 -- Indian Act, R.S.C., 1985, c. I-5.