Benoit v. Canada
T-2288-92
Jerome A.C.J.
28/4/94
5 pp.
Application by Athabasca Tribal Corporation and Northwest Territories Treaty No. 8 Tribal Corporation for order joining plaintiffs in one action-Above corporations have direct interest in subject-matter and presence necessary to ensure all matters in dispute effectively and completely determined, as they have historical and other factual information which will be required by Court-Plaintiffs opposed to joining applicants as parties on grounds without requisite standing to bring action and requirements set out in Federal Court R. 1716 not met-Principal objection raised by plaintiffs joinder would create difficulties in conducting litigation; applicants have own political goals and objectives-Applicants without private nor public interest standing to bring action-In Finlay v. Canada (Minister of Finance), [1986] 2 S.C.R. 607, three criteria in order for party without private interest in action to be granted public interest standing: (1) justiciable issue; (2) party seeking standing must have genuine interest in matter being litigated; (3) no other reasonable and effective means by which to bring matter before Court-Three criteria established by applicants-Applicants being corporate entities, will not directly be affected by outcome of litigation; but, representatives of approximately five thousand Indian people in northeastern Alberta and Northwest Territories adherents to Treaty No. 8 and directly and immediately affected by outcome of action-Accordingly, applicants have genuine interest in matter being litigated-Applicant's presence herein essential to action-Litigation involving aboriginal and treaty rights, will raise issues of immense complexity and will require examination of much historical evidence, including archival materials, testimony of individuals who may have relevant information concerning Indian parties to treaty-Task of assembling, preparing and presenting range of evidence necessary in case of this nature, beyond scope of any single plaintiff or any small group of plaintiffs without participation of native representative bodies-Should applicants not be joined as parties, genuine risk all evidence necessary for Court to adequately decide issues will not be before it and determination of any rights under Treaty No. 8 will be hindered-Request granted-Federal Court Rules, C.R.C., c. 663, R. 1716.