Notice of Motion (Red River Half Breed Association and Kenny Morin)

2003 CPCMotion 41788
Page 1
View Motion Document Collection - 2003 CarsMotionW 8875
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Court document related to:
Manitoba Metis Federation Inc. v. Canada (Attorney General), 2003 CarswellMan 62, 29 C.P.C. (5th) 148
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*****START OF COURT DOCUMENT*****
No. CI 81-01-01010
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,
PLAINTIFFS
AND:
ATTORNEY GENERAL OF CANADA and ATTORNEY GENERAL OF MANITOBA,
DEFENDANTS
KENNY MORIN
917-357 Kennedy Street
Winnipeg, Manitoba
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2003 CPCMotion 41788
Page 2
R3B 3B9
KENNY MORIN
Phone Number: 947 1805
NOTICE OF MOTION TUESDAY FEBRUARY 18 2003
KENNY MORIN
917-357 Kennedy Street
Winnipeg, Manitoba
R3B 3B9
Phone Number: 947 1805
No. CI 81-01-01010
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,
PLAINTIFFS
AND:
ATTORNEY GENERAL OF CANADA and ATTORNEY GENERAL OF MANITOBA,
DEFENDANTS
NOTICE OF MOTION
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2003 CPCMotion 41788
Page 3
The Petitioner, RED RIVER HALF BREED ASSOCIATION and KENNY MORIN will make a motion before the presiding
[Illegible text] on Tuesday, the 18 day of February 2003 at [Illegible text] o'clock in the forenoon or [Illegible text] thereafter
as the motion can be heard, at the Old Law Courts Building, [Illegible text] Kennedy Streets, in the City of Winnipeg, in the
Province of Manitoba.
THE MOTION IS FOR
1. An Order to include THE RED RIVER HALF BREED ASSOCIATION and KENNY MORIN the Petitioner regarding
[Illegible text] C81-01-01010 Section 31 and 32 1,2,3,4,5 of the Manitoba Act, 1870 33 Victoria c. 3 Half Breed Land Entitlements
2. That the Respondent pay to the RED RIVER HALF BREED ASSOCIATION and KENNY MORIN Petitioner an equal
[Illegible text] of Land or Money as all the other plaintiffs in this case may receive. For the [Illegible text] in an amount to be
determined by this Honourable Queens Court.
3. An Order that the Respondent provide [Illegible text] proof the Half Breed Ancesters and the Half Breed Descendents today receive [Illegible text] set aside by Queen Victoria in her Proclamation of 1870 and Section 31 [Illegible text] 1,2,3,4,5,
of the Manitoba Act, 1870 33 Victoria c. 3 Half Breed Reserve Land
4. An Order to the Government of Manitoba and Government of Canada to pay back (seperate from any Grant from this [Illegible text] Taxes collected from the Half Breed People on Lands set apart for the Half Breed minors, or by the Government
of Canada for other minors, so long as such Lands [Illegible text] actually held under the Manitoba Act, or by virtue of any
Order of the Governor [Illegible text] of Canada in council, or by any act of Parliament of Canada, this act was/is [Illegible
text] Wild Land Tax" Cap 42, 37 vict 1873 Manitoba statues.
5. An Order of Large equal shares [Illegible text] a Land in the southern parts of Manitoba, As Promised by Queen Victoria
in her Proclamation of 1870 Half Breed Reserve Lands.
6. That the Respondent, the Queen of the Government of Canada, Government of Manitoba, pay costs of this [Illegible text]
Or any Court Costs to fallow.
THE GROUNDS FOR THE MOTION ARE:
1. Manitoba Act, 1870 33 Victoria, c. 3 (Canada)
2. Section 31 Manitoba Act, 1870 33 Victoria, c. 3
3. Section 32 Manitoba Act 1,2,3,4,5, 1870 33 Victoria, c. 3
4. The Court of Queens Bench Rules.
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2003 CPCMotion 41788
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Form 70Q - 2
THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the Motion:
1.A The Affidavit of Kenny Morin, sworn the 6th day of February 2003 and January 30th 2003
1.B Affidavit of Animikii Meggazee
1.C Affidavit of Rene Laroche
2. Such further and other evidence as council may advise and this Honourable Queens Court may allow.
DATED the .......... day of February, A.D. 2003
Kenny Morin
917-357 Kennedy St
Winnipeg, Manitoba,
R3b 3B9
TO:Court of Queens Bench Winnipeg, Centre
END OF DOCUMENT
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