The appellants sued the respondent in the Federal Court, Trial Division for a declaration that they had the status of Indians and that a piece of land in Newfoundland was an Indian reserve.
The respondent successfully moved to strike out the portion of the statement of claim relating to the reserve declaration, which was upheld by the Federal Court of Appeal.
The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that the Federal Court lacks jurisdiction under s. 17 of the Federal Court Act to grant relief affecting the property rights of a province.
