Sydney Pilek

The applicants challenged the Treasury Board's interpretation of RCMP relocation policies regarding depressed market status benefits.

The Federal Court dismissed the application for judicial review, finding it was not a justiciable "matter" under the Federal Courts Act as no actual decision was challenged and it did not seek to invalidate the policy itself.

The Court also held the application was premature because adequate alternative remedies within the grievance process had not been exhausted.

The Applicants, representing the Lake St Martin First Nation, sought an interlocutory injunction to stay a decision terminating Red Cross evacuee benefits for flood evacuees pending a judicial review.

The Court characterized the injunction as prohibitory because it sought to maintain the status quo of receiving benefits.

The Court found there was a serious issue to be tried but concluded the Applicants failed to provide clear and non-speculative evidence of irreparable harm, specifically that evacuees would be rendered homeless due to a lack of available housing on the reserve.

The motion for an interlocutory injunction was dismissed.