Date: 20000110
Docket: A-24-99
C O R A M: STRAYER J.A.
B E T W E E N:
EDWARD ANDERSON, GARNET WOODHOUSE, MARSHALL
WOODHOUSE, ROBERT McLEAN, PATRICK ANDERSON,
ORMAND STAGG and GEORGE TRAVERSE on their own
behalf and on behalf of all members of the FAIRFORD FIRST NATION
a body of Indians described as the Fairford Band and declared to be
a band for the purposes of the Indian Act by P.C. 1973-3571
Appellants
" and "
THE ATTORNEY GENERAL OF CANADA on behalf of
Her Majesty the Queen in Right of Canada
Respondent
" and "
CHIEF ARCHIE CYPRIEN on his own behalf and on behalf of
the members of the ATHABASCA CHIPEWYAN FIRST NATION
and the ATHABASCA CHIPEWYAN FIRST NATION
Interveners
REASONS FOR ORDER
STRAYER J.A.
[1] While I am prepared to grant the motion by Her Majesty in right of the Province of Manitoba ("Manitoba") to intervene in this appeal, such intervention must be on limited grounds.
[2] No finding of fact or of legal rights adverse to Manitoba, dealt with at the trial or on appeal, can be binding on Manitoba as it is not a party to the proceedings. It has assiduously and successfully resisted being a party to this action in which, nevertheless, it insists that its interests are potentially affected.
[3] Manitoba should thus be limited in its intervention to issues of law particular to it that might, by operation of the doctrine of stare decisis, affect the strength of its arguments in future litigation.
[4] The factum of Manitoba will therefore be limited to 20 pages and the length of its oral submissions, if any, shall be subject to direction from the panel hearing the appeal.
[5] The affidavit filed by Manitoba in reply to the respondent on this motion will be struck out, there being no provision for such affidavits in subsection 369(3) of the Rules, and no proper submission for special leave having been made at the time of filing.
(s) "B.L. Strayer"
J.A.