Legal Pleadings | ilclegalpleadings.usask.ca

: TransCanada Pipelines Limited v. Beardmore [2000] 3 C.N.L.R. 153 (Ont. C.A.), allowing appeal and di; TransCanada Pipelines, an aboriginal organization, is appealing a decision that would see the amalgamation of townships. The argument put forward by the Appellant is that First Nations need to be consulted and considered in any long term amalgamation plans that deal with traditional territories.

: Tsawwassen Indian Band v. Delta (City), [1998] 1 C.N.L.R. 290 (B.C.C.A.); Does municipal corporation owe a common law duty to provide essential services of fire protection to all property and persons with the boundaries of the municipality? Further, can a municipality legally withhold the services in order to control the type of development and density of those developments?

: Tsawwassen Indian Band v. Delta (City), [1998] 1 C.N.L.R. 290 (B.C.C.A.); Does a municipal corporation owe a common law duty to provide essential services of fire protection to all property and persons with the boundaries of the municipality? Further, can a municipality legally withhold the services in order to control the type of development and density of those developments?

: Tseshaht Indian Band v. R.; This is the factum of the Attorney General of Canada which addresses whether a prepayment scheme for machinery is a form of taxation in violation of s. 87 of the Indian Act.

: Tuplin v. Canada (Indian and Northern Affairs), [2002] 1 C.N.L.R. 350 (P.E.I.S.C., T.D.); The Appellant is contending that he should be recognized as an Indian under the Indian Act through his adoption to Aboriginal parents. His contention is that customary adoption is an Aboriginal right and not subject to restrictions of government agencies and that oral evidence of the adoption is a valid means of proceeding.

: Tuplin v. Canada (Indian and Northern Affairs), [2002] 1 C.N.L.R. 350 (P.E.I.S.C., T.D.); The Appellant is contending that he should be recognized as an Indian under the Indian Act through his adoption to Aboriginal parents. His contention is that customary adoption is an Aboriginal right and not subject to restrictions of government agencies and that oral evidence of the adoption is a valid means of proceeding.

: Tuplin v. Canada (Indian and Northern Affairs), [2002] 1 C.N.L.R. 350 (P.E.I.S.C., T.D.); The Appellant is contending that he should be recognized as an Indian under the Indian Act through his adoption to Aboriginal parents. His contention is that customary adoption is an Aboriginal right and not subject to restrictions of government agencies and that oral evidence of the adoption is a valid means of proceeding.

: Union of Nova Scotia Indians v. Nova Scotia (Attorney General), [1999] 1 C.N.L.R. 277 (N.S.C.A.); Does the imposition by the province of Nova Scotia to collect taxes from non-Aboriginal people on reserve interfere with tax free trade on reserve between Indians? Does this interference by the province conflict with federal jurisdiction?

: Uukw et al. v. R. In Right of British Columbia and Registrar, Prince Rupert Land Title District; \The Crown in right of British Columbia and the registrar of land titles appealed an order directing the registrar to register two certificates of lis pendens against certain unalienated Crown lands arising out of an action asserting aboriginal rights over those lands. The appellant contended that if the interest in land claimed by the respondents is not registrable under the Land Title Act, R.S.B.C. 1979, c.219, then they are not entitled to register a certificate of lis pendens in respect of that interest. In answer the respondents contended that they claim an interest in land and a registrable interest need not be shown for registration of a certificate of lis pendens. Alternatively, they contend that their claims to interests in land are encumbrances under the Act and registrable as such.\" [1988] 1 C.N.L.R. 173 "

: V.P. v. Attorney General of Canada and William Starr; V.P. claims to have been at the residential school at the Gordon reserve. He claims to have been physically and sexually assaulted while at this residential school. He seeks damages against both the Attorney General of Canada and William Starr (the school administrator).

: Vachon c. Commission des lésions professionnelles et Commission...[2000] 4 C.N.L.R. 292 (Que. C.A.); A member of the Betsiamites Reserve was injured at work. While he was employed, he did not have to pay income tax. However, his Workers Compensation payments were calculated on an amount that assumed payment of income. Un membre de la réservation de Betsiamites a été blessé au travail. Tandis qu\\'il était employé, il n\\'a pas dû payer l\\'impôt sur le revenu. Cependant, des paiements de compensation de ses ouvriers ont été calculés sur une tax.... " Quoted from Imai, Shin, "The 2002 Annotated Indian Act and Aboriginal Constitutional Provisions".(Toronto: Carswell), 2002. This factum is in French.

: Westbank First Nation v. British Columbia Hydro and Power Authority, [1999] 4 C.N.L.R. 277 (S.C.C.),; West Bank First Nation are appealing a ruling that disallowed their claim of unpaid taxes against B.C. Hydro. The taxes were levied on a right of way that B.C. Hydro were using on reserve land for transmission and distribution works. The taxes were levied in accordance to s. 83(1)(a) of the Indian Act in the amount of $124,527.25.