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Motions by three public interest organizations to intervene in an injunction appeal were dismissed.
The Court of Appeal for Ontario heard motions for leave to intervene from three public interest organizations (1492 Windsor Law Coalition, Aboriginal Legal Services, and Canadian Civil Liberties Association) in an appeal concerning the striking of an Indigenous appellant's pleadings and a substantial costs award in an injunction proceeding related to a land dispute.
The motions judge had found the appellant in contempt of court.
The Court dismissed all motions for intervention, finding that 1492 WLC and ALS's submissions inappropriately expanded the legal issues on appeal by focusing on injunctions, and CCLA's submissions largely overlapped with the appellant's arguments.
The court concluded that the appellant could adequately address the Indigenous perspective.
No costs were awarded against the proposed interveners.
Unknown paternity is not an analogous ground under s. 15.
The plaintiff brought a summary judgment motion challenging s. 6 of the Indian Act and the Registrar’s Proof of Paternity Policy under s. 15 of the Charter after being denied Indian status registration because her paternal grandfather was unknown and unknowable.
She alleged discrimination based on race, gender, illegitimacy, and family or marital status.
The court held that all applicants bear the same onus to prove entitlement to registration and that unknowable paternity is not an analogous ground under s. 15.
No Charter infringement was established, so the constitutional claim failed, although the court expressed concern in obiter that the policy’s evidentiary demands may not be fully consistent with the Act’s purpose and history.
