2003 CPCMotionF 8603
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2003 CPCMotionF 8603
View Motion Document Collection - 2003 CarsMotionW 8884
Motion Factum
Subject: Civil Practice and Procedure; Public
Court of Queen's Bench Rules Rule 1.04, Rule 5, Rule 13, Rule 26
Date: December 13, 2002
© Thomson Reuters Canada Limited or its Licensors (excluding individual court documents). All rights reserved.
Court document related to:
Manitoba Metis Federation Inc. v. Canada (Attorney General), 2003 CarswellMan 62, 29 C.P.C. (5th) 148
Document appears as reproduced from court files, including any omissions or deficiencies arising from the reproduction process.
*****START OF COURT DOCUMENT*****
No. CI 81-01-01010
CI-01-98398
CI-01-98398
THE QUEEN'S BENCH WINNIPEG CENTRE
BETWEEN:
MANITOBA METIS FEDERATION INC., YVON DUMONT, BILLYJO DE LA RONDE, ROY CHARTRAND,
RON ERICKSON, CLAIRE RIDDLE, JACK FLEMING, JACK McPHERSON, DON ROULETTE, EDGAR
BRUCE Jr., FREDA LUNDMARK, MILES ALLARIE, CELIA KLASSEN, ALMA BELHUMEUR, STAN
GUIBOCHE, JEANNE PERRAULT, MARIE BANKS DUCHARME and EARL HENDERSON, suing on their own
behalf and on behalf of all other descendants of Métis persons entitled to land and other rights under Section 31 and
32 of the Manitoba Act, 1870, and CONGRESS OF ABORIGINAL PEOPLES,
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2003 CPCMotionF 8603
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PLAINTIFFS
AND:
ATTORNEY GENERAL OF CANADA and ATTORNEY GENERAL OF MANITOBA,
DEFENDANTS
Rosenbloom & Aldridge
Barristers and Solicitors
1300 - 355 Burrard Street
Vancouver, B.C.
V6C 2G8
Thomas R. Berger Q.C.
Jim Aldridge Q.C.
Harley I. Schachter
Telephone: (604) 605-5555
Facsimile: (604) 684-1311
SUPPLEMENTARY MOTIONS BRIEF OF THE PLAINTIFF MANITOBA METIS FEDERATION INC.
Re: Motion Brief of Billyjo De La Ronde
Hearing Date: Tuesday, February 18, 2003 at 10:00 a.m. before Scurfield J.
Rosenbloom & Aldridge
Barristers and Solicitors
1300 - 355 Burrard Street
Vancouver, B.C. V6C 2G8
Telephone: (604) 605-5555 Facsimile: (604) 684-1311
Thomas R. Berger, Q.C.
Jim Aldridge, Q.C.
Harley I. Schachter
TABLE OF CONTENTS
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2003 CPCMotionF 8603
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Page No.
PART I
LIST OF DOCUMENTS TO BE RELIED ON
1
PART II
LIST OF AUTHORITIES
2
PART III
POSITION OF THE PLAINTIFF MANITOBA METIS FEDERATION INC.
3
Part I LIST OF DOCUMENTS TO BE RELIED ON BY PLAINTIFF IN SUPPORT OF ITS MOTION.
1. Pleadings and proceedings herein;
2. Notice of Motion for hearing for December 9, 2002, dated November 15, 2002;
3. Affidavit of Cindy Miller, sworn November 15, 2002;
4. Affidavit of Rochelle Neault, sworn November 15, 2002;
5. Affidavit of Yvon Dumont sworn November 14, 2002;
6. Affidavit of Harley I. Schachter, sworn November 15, 2002;
7. Affidavit of Clement Chartier, sworn November 29, 2002;
8. Affidavit of David Chartrand, sworn Decmber 6, 2002;
9. Affidavit of Yvon Dumont, sworn December 6, 2002;
10. Affidavit of Yvon Dumont, sworn December 7, 2002;
11. Affidavit of Denise Thomas, sworn December 9, 2002;
Part II LIST OF AUTHORITIES
1. Court of Queen's Bench Rules 1.04, 5, 13 and 26;
2. Western Canadian Shopping Centres Inc. v. Dutton, [2001] 2 S.C.R. 534 (Attached at tab "C" to the Motions Brief of Can-
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2003 CPCMotionF 8603
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ada, and tab 5 to the Motion Brief of the Attorney General of Manitoba);
3. David Chartrand et al v. BillyJo DeLa Ronde et al, (1996), 41 C.B.R. (3d) 193, 131 W.A.C. 12, 113 Man. R. (2d) 12 (Man
C.A.) [Tab 1 to this Brief];
4. Billyjo De La Ronde et al v. David Chartrand et al, (October 11, 1996), CI-01-98398
1996 CarswellMan 621 (Man Q.B.) [Tab 2 to this Brief], appeal by De La Ronde dismissed AI-97-30-03113; (1996), 113
Man R. 2nd 12 (Man C.A) [Tab 3 to this Brief].
POSITION OF THE PLAINTIFF MANITOBA METIS FEDERATION INC.
Re: Motion Brief of Billyjo De La Ronde
1. The position of the Manitoba Metis Federation relative to its Motion is set out in its initial brief of November 15, 2002, its
reply brief of December 4, 2002, and this brief which responds to the material filed by Billyjo De La Ronde.
2. Billyjo De La Ronde objects to the deletion of the representative aspect of the action.He consents to the addition of Leonard Chartrand as a Plaintiff.
Deletion of Representative Aspect of Action
3. As to Billyjo De La Ronde's objection to deleting the representative aspect of the action, he says (in his Motion Brief, para.
1) that the Manitoba Metis Federation Inc. ("MMF") has advised its membership and the Metis people in Manitoba generally
that they are "going to court for a land claims settlement on behalf of the Metis in Manitoba".
4. This has been the object of the MMF from the beginning: to obtain declaratory relief that will assist them in negotiations
with the Crown to obtain a land base.
5. Since no claim for individual relief is made in the action, the issue of individual participation in any land claims settlement
will have to be determined in the negotiations that lie ahead. At that time, Mr. De La Ronde's concern (set out in his Motion
Brief, at para. 3) that there be "... reasonable notice to Metis people in Manitoba ... as a safeguard to the various individual
and 'compartmentalized classes' of Metis whose rights may be otherwise prejudiced ..."can be addressed.
Addition of Leonard Chartrand as a Plaintiff
6. If Billyjo De La Ronde were to remain as a Plaintiff, the solicitors for the MMF could not represent him. Lionel Chartrand
would have to do so. So there would be three Plaintiffs' counsel (Berger, Magnet and Chartrand) representing Plaintiffs with
opposing views and all seeking to conduct Examinations for Discovery of Canada's and Manitoba's nominee.
7. Lionel Chartrand, like Professor Magnet, would want to bring out evidence to show that status Indians (Leonard Chartrand
is a status Indian) were entitled to the benefit of the promises made to the Metis in 1870. Status Indians may have reserves,
they may be registered as Indians, they may enjoy immunity from taxation that goes with Indian status, but nevertheless
Billyjo De La Ronde and the Congress of Aboriginal Peoples say they are entitled to separate representation in this lawsuit.
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8. Leonard Chartrand could presumably seek to amend the Statement of Claim to establish the facts on which status Indians
have an entitlement. The MMF would oppose such an amendment.
9. Billyjo De La Ronde wants to sort out in this lawsuit who is a Metis (in his Motion Brief, at paras. 11-13):
11. Intertwined in this issue [determining the actual number of Metis in Manitoba] lies the question of who are the Metis.
Without a proper definition, it is impossible to begin determining the population involved.
12. Whether Leonard Chartrand is a Metis or not, his evidence and his arguments, whatever they may be, can only assist
this Court, and the Metis people, in their plight to achieve recognition and legitimacy of their legal position respecting lands
rights and other Aboriginal rights.
13. The MMF should not be prejudiced by the addition of Leonard Chartrand, as they would be free to counter any evidence
he may bring that the MMF takes opposition to.
[Emphasis added.]
10. In any event, Billyjo De La Ronde has been at odds with the elected Board of Directors of the MMF for many years: see
the Affidavit of Denise Thomas, sworn December 9, 2002, and see also the following cases:
David Chartrand et al v. Billyjo DeLa Ronde et al, (1996), 41 C.B.R. (3d) 193, 131 W.A.C. 12, 113 Man. R. (2d) 12 (Man
C.A.)[Tab1].
Billyjo De La Ronde et al v. David Chartrand et al, (October 11, 1996), CI-01-98398
1996 CarswellMan 621 (Man Q.B.)[Tab 2], appeal by De La Ronde dismissed AI-97-30-03113; (1996), 113 Man R. 2nd 12
(Man C.A)[Tab 3]
11. The implications for the trial would be: three separate opening speeches for the Plaintiffs; three separate cases advanced,
often at cross purposes, by the Plaintiffs; three separate Cross-Examinations of each witness called by Canada and Manitoba;
and so on. Such a state of affairs should not be permitted.
December 13, 2002
ALL OF WHICH IS RESPECTFULLY SUBMITTED.
................................... Thomas R. Berger, Q.C.
Counsel for the Plaintiff
Manitoba Metis Federation Inc.
END OF DOCUMENT
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