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Custody Case allowed
The Métis National Council Secretariat Inc. (MNC) brought a motion seeking joint custody of funds and an online database, and disclosure of records from the Manitoba Métis Federation Inc. (MMF).
While the parties largely resolved the substantive issues by consent, they could not agree on costs.
The court found MMF overwhelmingly successful on the motion, as MNC failed to obtain the extraordinary relief it sought, and the modest relief obtained by consent would likely have been provided voluntarily.
The court awarded MMF partial indemnity costs of $213,687.57, finding the amount reasonable and proportionate given the complexity and importance of the motion and the reasonable expectations of the parties.
The Court of Appeal held that the Registrar's strict evidentiary policy for proving paternity was unreasonable when applied to historical claims for Indian status.
The appellant, Dr. Lynn Gehl, appealed a Superior Court decision dismissing her application for registration as an "Indian" under the Indian Act.
Dr. Gehl's entitlement to status turned on the 1985 amendments to the Act, which restored status to individuals whose ancestors had been unjustly deprived of it.
The central issue was whether the Registrar's Policy, which imposed strict evidentiary requirements for proving paternity, unreasonably denied Dr. Gehl registration when the identity of her paternal grandfather was unknown.
The Court of Appeal allowed the appeal and granted a declaration that Dr. Gehl was entitled to be registered under section 6(2) of the Indian Act.
