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Eight First Nations granted intervenor status in treaty boundary dispute; litigation trust's intervention motion dismissed.
Nine parties brought motions to intervene in an action concerning the interpretation of the Robinson Huron Treaty and the boundaries of the plaintiff's reserve lands.
Eight of the proposed intervenors were neighbouring First Nations who are also signatories to the Treaty, while the ninth was an unincorporated litigation trust.
The Superior Court of Justice granted party intervenor status to the eight First Nations, finding they had a direct interest in the boundary dispute and could provide useful context without overwhelming the plaintiff's case.
The court imposed strict conditions on their participation to prevent undue delay.
The motion by the litigation trust was dismissed, as it was not a rights-holder itself and its participation would be duplicative and unduly prejudicial to the plaintiff.
Representative Aboriginal title action requires prior authorization under Rule 12.08.
The defendants brought a motion seeking a direction that the plaintiffs obtain court authorization under Rule 12.08 of the Rules of Civil Procedure before continuing a representative action asserting Aboriginal title and treaty rights under s. 35 of the Constitution Act, 1982.
The action sought declarations concerning Aboriginal title to federally held lands along the Ottawa River, including lands in the national capital region.
The plaintiffs argued that a representation motion should not be required in Aboriginal title litigation and that imposing such a requirement would undermine reconciliation and access to justice.
The court held that Rule 12.08 applies to representative proceedings advancing s. 35 claims and requires prior judicial authorization regardless of the substantive nature of the claim.
The plaintiffs were directed to bring a Rule 12.08 motion to seek authorization to proceed as representatives of the proposed collective.
