UNION OF NOVA SCOTIA ATTORNEY GENERAL OF NOVA
INDIANS, a body corporate, on SCOTIA, representing Her Majesty
behalf of itself and its members of the Queen in Right of the Province of
the Acadia, Chapel Island, Eskasoni, Nova Scotia, HIS HONOUR THE
Membertou, Shubenacadie, Wagmat- LIEUTENANT GOVERNOR OF NOVA
cook, and Waycobah (Whycocomagh) SCOTIA IN COUNCIL, HONOURABLE
Indian Bands, and their members, and KENNETH MacASKILL, in his capacity
CONFEDERACY OF MAINLAND as Minister of Natural Resources (Nova
MI’KMAQ, a body corporate, on behalf Scotia), ATTORNEY GENERAL OF
of itself and its members and the Afton, CANADA, representing Her Majesty the
Annapolis Valley, Bear River, Horton, Queen in right of Canada and the
Millbrook and Pictou Landing Indian Bands, Minister of Indian Affairs and Northern
and their members and the ASSEMBLY OF Development (Canada), and
NOVA SCOTIA MI’KMAQ CHIEFS MARITIMES AND NORTHEAST
PIPELINE MANAGEMENT LIMITED, a
body corporate, and MARITIMES AND
NORTHEAST PIPELINE LIMITED
PARTNERSHIP, a limited partnership
- and -
(Appellants) (Respondents)
CA 157668 Halifax, N.S. CROMWELL, J.A.
[Cite as: Union of Nova Scotia Indians v.
Nova Scotia (Attorney General), 1999 NSCA 160]
APPEAL HEARD: December 7th, 1999
JUDGMENT DELIVERED: December 17th, 1999
SUBJECT: Actions by and against Crown in right of a Province - Notice of Action - Proceedings Against the Crown Act, R.S.N.S. 1989, c. 360
SUMMARY: The appellants commenced two proceedings against the Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia, The Lieutenant Governor and the Minister of Natural Resources. Notice pursuant to the Proceedings Against the Crown Act was not given and, on application on behalf of these defendants, both proceedings were dismissed as nullities by the Chambers judge.
ISSUE: Was notice pursuant to the Proceedings Against the Crown Act required in both proceedings?
RESULT: Appeal allowed in part. The appeal with respect to the proceeding commenced by Originating Notice (Action) was moot. However, the Chambers judge erred in finding notice under the Proceedings Against the Crown Act was required in relation to the proceeding commenced by Originating Notice (Application). This was not a proceeding in which the estate of the Crown was directly affected or in which a person claims against the Crown that land, goods or money of the subject are in the possession of the Crown within the meaning of s. 4(a) of the statute.
This information sheet does not form part of the court’s decision. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 4 pages. |