A. Pape

The plaintiffs applied for a rehearing of an appeal regarding amendments to pleadings in an aboriginal claim.

The Supreme Court of Canada had previously dismissed the appeal, allowing the amended pleadings to stand because they were not clearly invalid.

The plaintiffs sought a pronouncement on further issues considered by the Court of Appeal, such as the nature of the action and the necessity to establish the continued existence of the Indian nations.

The Supreme Court dismissed the application, finding it premature to pronounce on these questions without evidence at this early stage of the action.

Appeal from an order permitting amendment of pleadings in litigation arising from alleged impacts of railway construction on river habitat and asserted Aboriginal and Indian Act rights.

The appellants argued the proposed amended pleadings were defective because the claims were communal in nature and could not be advanced as personal actions by members of Nations.

The Court held that authority to bring the claims and the personal entitlement of members were questions of fact or mixed fact and law best determined by the trial judge.

The appeal was dismissed and the amendments were allowed to stand.