Docket: A-271-13
Citation: 2014 FCA 197
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CORAM:
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NADON J.A.
TRUDEL J.A.
SCOTT J.A.
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BETWEEN:
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THE ATTORNEY GENERAL OF CANADA
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Appellant
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and
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MICHELLE LANDRY AND JEAN-PAUL LANDRY IN THEIR PERSONAL CAPACITIES
AND AS REPRESENTATIVES OF THE MEMBERS OF THE CONSEIL AUTOCHTONE DE LA
CÔTE-EST
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Respondents
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Heard
at Fredericton, New Brunswick, on September 10, 2014.
Judgment delivered from the bench at Fredericton, New Brunswick, on
September 10, 2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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TRUDEL
J.A.
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Docket: A-271-13
Citation: 2014 FCA 197
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CORAM:
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NADON J.A.
TRUDEL J.A.
SCOTT J.A.
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BETWEEN:
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THE ATTORNEY GENERAL OF CANADA
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Appellant
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and
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MICHELLE LANDRY AND JEAN-PAUL LANDRY IN THEIR PERSONAL CAPACITIES
AND AS REPRESENTATIVES OF THE MEMBERS OF THE CONSEIL AUTOCHTONE DE LA
CÔTE-EST
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Respondents
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REASONS FOR JUDGMENT OF
THE COURT
(Delivered from the bench at Fredericton,
New Brunswick, on September 10, 2014.)
TRUDEL J.A.
[1]
Although Justice Gagné was entitled to decide
the matter de novo and reach a different conclusion from that of Prothonotary Morneau
(T-420-12, 2013-08-01), and despite a most remarkable presentation by the representatives
of the members of the Conseil autochtone de la Côte-Est, we are all of the
opinion that the order of Justice Gagné allowing the appeal from the order of Prothonotary Morneau
is based on an incorrect principle of law.
[2]
An analysis of the record shows that the question
whether the respondents raised facts that disclose a valid cause of action had
already been decided by another judge of the Federal Court in docket T-1692-12.
Accordingly, Justice Gagné should have dismissed the appeal before her on grounds
of estoppel and, we would add, abuse of process. It is therefore unnecessary to
consider the parties’ arguments regarding the treaties and titles mentioned in
the respondents’ memorandum of fact and law or regarding the jurisdiction of
this Court to rule on the remedies sought by them on the merits.
[3]
For these reasons, the appeal will be allowed
with costs, the decision of the Federal Court dated August 1, 2013, will
be set aside, and the decision of the prothonotary dated July 17, 2012,
will be restored.
“Johanne Trudel”
Certified true
translation
Erich Klein
FEDERAL COURT OF APPEAL
SOLICITORS
OF RECORD
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DOCKET:
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A-271-13
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STYLE OF CAUSE:
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THE ATTORNEY
GENERAL OF CANADA v. MICHELLE LANDRY AND JEAN-PAUL LANDRY IN THEIR PERSONAL
CAPACITIES AND AS REPRESENTATIVES OF THE MEMBERS OF THE CONSEIL AUTOCHTONE DE
LA CÔTE-EST
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PLACE OF HEARING:
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Fredericton, NEW Brunswick
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DATE OF HEARING:
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September 10, 2014
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REASONS FOR JUDGMENT
OF THE COURT BY:
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NADON J.A.
TRUDEL J.A.
SCOTT J.A.
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DELIVERED
FROM THE BENCH BY:
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TRUDEL J.A.
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APPEARANCES:
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Edith Campbell
Julien S. Matte
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FOR THE AppeLlant
THE ATTORNEY GENERAL OF CANADA
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Michelle Landry
Jean-Paul Landry
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FOR THE RESPONDENTS
MICHELLE LANDRY AND JEAN-PAUL LANDRY IN
THEIR PERSONAL CAPACITIES AND AS REPRESENTATIVES OF THE MEMBERS OF THE
CONSEIL AUTOCHTONE DE LA CÔTE-EST
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Jean-Paul Landry
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FOR THE
RESPONDENTS
MICHELLE LANDRY
AND JEAN-PAUL LANDRY IN THEIR PERSONAL CAPACITIES AND AS REPRESENTATIVES OF
THE MEMBERS OF THECONSEIL AUTOCHTONE DE LA CÔTE-EST
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
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FOR THE
AppeLlant
THE ATTORNEY GENERAL OF CANADA
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Conseil autochtone de la Côte-Est
Alcida, New Brunswick
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FOR THE RESPONDENTS
MICHELLE LANDRY AND JEAN-PAUL LANDRY IN
THEIR PERSONAL CAPACITIES AND AS REPRESENTATIVES OF THE MEMBERS OF THE
CONSEIL AUTOCHTONE DE LA CÔTE-EST
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Conseil autochtone de la Côte Est
Laplante, New Brunswick
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FOR THE RESPONDENTS
MICHELLE LANDRY AND JEAN-PAUL LANDRY IN
THEIR PERSONAL CAPACITIES AND AS REPRESENTATIVES OF THE MEMBERS OF THE CONSEIL
AUTOCHTONE DE LA CÔTE-EST
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