The plaintiffs, members of the Kehewin Band reinstated to Indian status under Bill C-31, brought a motion for default judgment to assess damages against the Kehewin Band and Kehewin Band Council for discriminating against them and denying them the benefits of band membership.
The Court previously struck the defendants' statement of defence and granted a declaration of entitlement to band membership.
The central issue was whether the Federal Court has jurisdiction to entertain the claims for damages against the band defendants.
Applying the test from ITO-Int’l Terminal Operators v. Miida Electronics, the Court found no statutory grant of jurisdiction under s. 17(4) or s. 17(5)(b) of the Federal Courts Act, as there were no conflicting claims against the Crown, nor was the band acting as an agent of the Crown.
Consequently, the Court held it lacked jurisdiction to grant the requested relief and dismissed the motion.
