C.A. No. 133259
NOVA SCOTIA COURT OF APPEAL
Cite as: Chapel Island First Nation v. Busch, 1997 NSCA 73
Clarke, C.J.N.S.; Hart and Hallett, JJ.A.
BETWEEN:
THE CHAPEL ISLAND FIRST NATION ) Gerald A. MacDonald
BAND COUNCIL ) for the Appellant
Appellant )
- and - )
) Arthur W. D. Pickup, Q.C.
) for the Respondents
)
HANS AND MARY THERESA BUSCH )
and THE ATTORNEY GENERAL OF N.S. )
)
Respondents ) Appeal Heard:
) March 18, 1997
)
)
) Judgment Delivered:
) March 18, 1997
)
)
)
)
)
)
)
)
THE COURT: Appeal dismissed, per oral reasons for judgment of Clarke, C.J.N.S.; Hart and Hallett, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by
CLARKE, C.J.N.S.:
The issue in this appeal, as stated by the appellant, is whether the Chapel Island Band Council can be considered a person for purposes of being added as a party to a Quieting Titles Application, pursuant to s. 10(1) of the Quieting Titles Act, R.S.N.S. 1989, c. 382.
In an application made to the Supreme Court, the appellant sought to intervene as a defendant in an action brought by the respondents Busch to quiet the title to land known as McNamara's Island which they acquired by deed in 1975. The appellant filed the affidavit of Mr. Beal asserting a land claim to the Island as an Indian reservation.
Justice Edwards dismissed the application concluding for the reasons he gave that the appellant Band Council did not fall within the definition of "person" as provided by the Act. He also relied on the decision of Jones, J. (then of the Trial Division) in Afton Band of Indians and Perro v. Province of Nova Scotia (1979), 29 N.S.R. (2d) 226.
After reviewing the record and considering the written and oral submissions of both counsel, we have concluded Justice Edwards did not err in his result. Therefore, the appeal is dismissed without costs.
C.J.N.S.
Concurred in:
Hart, J.A.
Hallett, J.A.
C.A. No. 133259
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
THE CHAPEL ISLAND FIRST NATION )
BAND COUNCIL )
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
HANS AND MARY THERESA BUSCH )
and THE ATTORNEY GENERAL OF N.S. ) Clarke, C.J.N.S.
) (Orally)
Respondents )
)
)
)
)
)
)