2003 CPCMotion 41788 Page 1 View Motion Document Collection - 2003 CarsMotionW 8875 © 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 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 Accessed using Litigator, a Westlaw Canada service. 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 Accessed using Litigator, a Westlaw Canada service. 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. Accessed using Litigator, a Westlaw Canada service. 2003 CPCMotion 41788 Page 4 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 Accessed using Litigator, a Westlaw Canada service.