The Minister of Indian Affairs and Northern Development appealed a Federal Court of Appeal decision dismissing an application to review a county court judge's order under the Indian Act.
The county court judge had reversed the Registrar's decision to delete the respondents from a Band List.
The Federal Court of Appeal held it lacked jurisdiction because the county court judge was acting qua judge, not as persona designata, and was therefore excluded from the definition of a federal board, commission or other tribunal under the Federal Court Act.
The Supreme Court of Canada dismissed the appeal, explicitly rejecting the concept of persona designata and holding that whenever a statutory power is conferred upon a s. 96 judge, the power is deemed exercisable in an official capacity unless expressly provided otherwise.
