The applicant brought a family law application seeking custody, child support, and spousal support.
The respondent, a Haudenosaunee person and member of the Six Nations, filed an Amended Answer challenging the court's jurisdiction and the applicability of Ontario family law legislation, asserting an aboriginal right under s. 35(1) of the Constitution Act, 1982 to have the dispute resolved under Haudenosaunee laws and processes.
The applicant moved to strike the Amended Answer and dismiss the constitutional case summarily.
The court held that while conflict of laws principles apply to the jurisdiction analysis, they must be modified to account for aboriginal rights claims.
However, the court struck the Amended Answer in its entirety, finding that it failed to plead the necessary material facts, that the respondent lacked standing to advance a collective right of self-government individually, and that the broad claim of immunity from Ontario family law was not cognizable under s. 35(1) jurisprudence.
The court declared it had jurisdiction to hear the family law issues and dismissed the respondent's motion for a stay of proceedings.
