Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

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 7^th, 1999

JUDGMENT DELIVERED:                 December 17^th, 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.