Anna Yarmon

The respondents sought to be registered as Indians under s. 6(1)(a) of the Indian Act, arguing that the 1952 Order-in-Council enfranchising their ancestor was obtained by fraud.

The Registrar refused the application, registering the ancestor under s. 6(1)(d) instead, which precluded the descendants from registration.

The Superior Court allowed the respondents' appeal, finding the Registrar could look behind the Order-in-Council.

The Court of Appeal allowed the Crown's appeal, holding that the Registrar and the Superior Court lack jurisdiction to invalidate or look behind a subsisting Order-in-Council, as exclusive jurisdiction to review such federal orders rests with the Federal Court.

The appellant appealed the dismissal of his application seeking a declaration that certain lands in Ontario are not public lands available for disposition or regulation by the Crown.

The motion judge struck the application on the basis that the courts lack authority to adjudicate challenges to Canada's sovereignty.

The Court of Appeal agreed, finding that the appellant's claim amounted to a challenge to sovereign jurisdiction, and dismissed the appeal.