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A-342-77
Peter Canatonquin, Hugh Nicholas, Peter Etienne, Kenneth Simon, John Montour, Wesley Nicholas, Edward Simon, Joe Nelson, Haslem Nelson, all of the Oka Reserve and "holding them selves out as" Chiefs thereof, and carrying on "illegally" under the name "Six Nations Iroquois Confederacy (Six Nations Traditional Hereditary Chiefs)" (Appellants) (Defendants)
v.
Louis Gabriel, Crawford Gabriel, Norman Simon, Richard Gabriel, Lawrence Jacobs, Mavis Etienne and Ronald Bonspille, all duly registered as the owners of •`Kanesatakeronon Indian League for Democracy" (Respondents) (Plaintiffs)
and
The Queen in right of the Dominion of Canada, with specific reference to the Department of Indian Affairs (Mis -en-cause)
Court of Appeal, Pratte, Urie and Ryan JJ.— Montreal, May 13, 1980.
Jurisdiction — Appeal from decision of Trial Judge that the council of an Indian band is a `federal board" and that consequently, the Trial Division has jurisdiction in the matter brought before it — No merit in appellants' contention that the validity of an elected council is governed by customary Indian law and not by a federal statute — Appeal dismissed — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, ss. 2, 18.
APPEAL.
COUNSEL:
W. S. Grodinsky for appellants (defendants).
C. E. Schwisberg, Q.C. for respondents (plaintiffs).
No one appearing for mis -en-cause.
SOLICITORS:
O'Reilly & Grodinsky, Montreal, for appel lants (defendants).
Schwisberg, Golt, Benson & MacKay, Mon- treal, for respondents (plaintiffs).
Deputy Attorney General of Canada for mis -en-cause.
The following are the reasons for judgment of the Court delivered orally in English by
PRATTE J.: We are all of the view that the judgment below [[1978] 1 F.C. 124] correctly held that the council of an Indian band is a "federal board" within the meaning of section 2 of the Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, and that, as a consequence, section 18 of that Act gave to the Trial Division jurisdiction in the matter.
We see no merit in the appellants' contention that the Trial Division does not have jurisdiction because the only issue raised by the action, namely the validity of the election of the defendants to the Council of the Band, is governed by customary Indian law and not by a federal statute.
The appeal will therefore be dismissed with costs.
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