The plaintiff band sought to enforce a judgment debt against the defendant band member by seizing his certificates of possession for lands situated on the reserve.
The defendant argued that section 29 of the Indian Act prohibits the seizure of reserve lands under legal process.
The court held that while section 29 protects the underlying Crown title to reserve lands from seizure by non-Indians, section 89(1) expressly permits an Indian or a band to seize the real or personal property of an Indian situated on a reserve.
The court ordered the defendant to transfer his certificates of possession to the band to satisfy the debt.
