Docket: A-75-14
Citation: 2014 FCA 256
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CORAM:
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NADON J.A.
PELLETIER J.A.
STRATAS J.A.
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Docket: A-75-14
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BETWEEN:
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THE ENOCH CREE NATION as represented by CHIEF RON VINCENT MORIN
and LYLE MORIN, NOLA WANUCH, JOHN THOMAS JR., BILLY MORIN, LORNA MORIN, LORNE
MORIN, KELLY MORIN, WAYNE MORIN and SHANE MORIN, BAND COUNCILLORS acting on
their own behalf and on behalf of ALL OTHER MEMBERS OF THE ENOCH CREE NATION
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Appellants
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and
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HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE
ATTORNEY GENERAL OF CANADA, THE MINISTER OF ABORIGINAL AFFAIRS AND NORTHERN
DEVELOPMENT, THE MINISTER OF TRANSPORT, THE MINISTER OF ENVIRONMENT, PARKLAND
AIRPORT DEVELOPMENT CORPORATION, CPL6 HOLDINGS LTD., ROBERT GILGEN, SILKE
GILGEN, AARON SOOS and THE ROYAL BANK OF CANADA
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Respondents
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Heard at Edmonton, Alberta, on November 3, 2014.
Judgment delivered from the Bench at Edmonton, Alberta, on November
3, 2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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NADON
J.A.
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Docket: A-75-14
Citation:
2014 FCA 256
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CORAM:
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NADON J.A.
PELLETIER J.A.
STRATAS J.A.
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Docket: A-75-14
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BETWEEN:
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THE ENOCH CREE NATION as represented by CHIEF RON VINCENT MORIN
and LYLE MORIN, NOLA WANUCH, JOHN THOMAS JR., BILLY MORIN, LORNA MORIN, LORNE
MORIN, KELLY MORIN, WAYNE MORIN and SHANE MORIN, BAND COUNCILLORS acting on
their own behalf and on behalf of ALL OTHER MEMBERS OF THE ENOCH CREE NATION
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Appellants
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and
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HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by THE
ATTORNEY GENERAL OF CANADA, THE MINISTER OF ABORIGINAL AFFAIRS AND NORTHERN
DEVELOPMENT, THE MINISTER OF TRANSPORT, THE MINISTER OF ENVIRONMENT, PARKLAND
AIRPORT DEVELOPMENT CORPORATION, CPL6 HOLDINGS LTD., ROBERT GILGEN, SILKE
GILGEN, AARON SOOS and THE ROYAL BANK OF CANADA
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta, on November 3, 2014).
NADON J.A.
[1]
This is an appeal from an order dated January
20, 2014 of Mr. Justice Phelan of the Federal Court (2014 FC 63) dismissing the
appellants’ motion. We dismissed the appellant’s motion for an injunction
against the respondents, other than Her Majesty the Queen, the Minister of
Aboriginal Affairs and Northern Development, the Minister of Transport, the
Minister of Environment and the Royal Bank of Canada, for carrying on any
activities related to the development of an aerodrome or airport on lands
situated next to the appellants’ reserve.
[2]
We have not been persuaded that there is any
basis to interfere with the judge’s decision. In our view, the judge made no
error of law nor did he err in the exercise of his discretion.
[3]
Although the appellants argue that the judge did
not give proper weight to their evidence, we are satisfied, having regard to
the standard of review, that on the evidence before him it was open to the
judge to conclude, as he did, that the appellants had not shown that
irreparable harm would ensue if the injunction was not granted. For example the
evidence of harm adduced before the judge rose no higher than expressions of
concern, albeit serious expressions, but not “a strong case of probability”
that the harm will arise: see Connaught Laboratories Ltd. v. Smithkline
Beecham Pharma Inc., [1998] F.C.J. No. 1851, 86 C.P.R. (3d) 36 citing
Attorney General v. Corporation of Manchester [1893] 2 Ch. D. 87.
[4]
In concluding, it appears to us that many of the
concerns raised by the appellants could be addressed by proceeding to trial as
expeditiously as possible.
[5]
The appeal shall therefore be dismissed with
costs.
"M. Nadon"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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Docket:
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A-75-14
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STYLE OF CAUSE:
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THE ENOCH CREE
NATION ET AL v. HER MAJESTY THE QUEEN ET AL
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PLACE OF
HEARING:
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Edmonton, Alberta
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DATE OF
HEARING:
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November 3, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NADON J.A.
PELLETIER J.A.
STRATAS J.A.
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DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
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Will Willier
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For The
APPELLANTS
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Kirk Lambrecht Q.C.
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For The RespondentS
Parkland Airport Development Corporation, CPL6
Holdings, Robert Gilgen, Silke Gilgen and Aaron Soos
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SOLICITORS OF RECORD:
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Willier and Company
Calgary, AB
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For The
AppELLANTS
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Shores Jardine LLP
Edmonton, AB
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For The
RespondentS
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