Jones v. Canada
T-1687-93
MacKay J.
23/2/96
20 pp.
Declaratory relief sought with respect to entitlement to possessory title to lot located on reserve lands-Plaintiff First Nations member signing document to transfer title to lot to defendant on understanding defendant to purchase plaintiff's farming equipment and to assist her in farming operations-Transfer papers not forwarded by band office to Department of Indian Affairs and Northern Development (DIAND) for Minister's approval and registration as required by Act, s. 24-Two years after signing of transfer document, defendant still not purchasing farm equipment; plaintiff contacting DIAND to advise not wishing transfer to be registered-S. 24 making transfer conditional upon approval of Minister; until approval granted, no legally enforceable obligation created-S. 24 approval within Minister's discretion and cannot be directed by Court order-Positive finding to effect transfer of land conditional upon defendant purchasing farming equipment-Transfer of lot having no legal effect as Minister not approving transfer pursuant to Act, s. 24-In alternative, transfer intended by parties to be conditional upon purchase of farming equipment by defendant-Preliminary question as to Court's jurisdiction: Powless v. Sandy (1995), 95 F.T.R. 57 (F.C.T.D.) holding Court lacking jurisdiction in dispute with respect to sale of land located on reserve distinguished as facts in instant case clearly setting out: (1) both plaintiff and defendant Indians members of same Band; (2) land lying within Band reserve; (3) plaintiff having certificate of possession for lot; and (4) Her Majesty, in whom title to land vested, acknowledging Court's jursidiction-Jurisdiction existing by virtue of Federal Court Act, s. 17(4)-Indian Act, R.S.C., 1985, c. I-5, s. 24-Federal Court Act, R.S.C., 1985, c. F-7, s. 17(4) (as enacted by S.C. 1990, c. 8, s. 3).