Case information
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36096
Andrew Clifford Maracle (a.k.a. Sir Andrew C. Miracle and Andrew Clifford Miracle) v. R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte on behalf of the Tyendinaga Mohawk Council and all members of the Mohawks of the Bay of Quinte
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-03-03 | Close file on Leave | |
| 2015-02-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-02-27 | Judgment on leave sent to the parties | |
| 2015-02-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C57655, 2014 ONCA 565, dated July 30, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2015-01-26 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2014-10-23 | Certificate (on limitations to public access) | R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte on behalf of the Tyendinaga Mohawk Council and all members of the Mohawks of the Bay of Quinte |
| 2014-10-23 | Notice of name | R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte on behalf of the Tyendinaga Mohawk Council and all members of the Mohawks of the Bay of Quinte |
| 2014-10-23 | Respondent's response on the application for leave to appeal, Completed on: 2014-10-23 | R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte on behalf of the Tyendinaga Mohawk Council and all members of the Mohawks of the Bay of Quinte |
| 2014-09-29 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-09-29 | |
| 2014-09-29 | Certificate (on limitations to public access) | Andrew Clifford Maracle (a.k.a. Sir Andrew C. Miracle and Andrew Clifford Miracle) |
| 2014-09-29 | Application for leave to appeal, E-mail rec'd on 2014-10-24. Re: Replace Tab 3A in the application, Completed on: 2014-09-29 | Andrew Clifford Maracle (a.k.a. Sir Andrew C. Miracle and Andrew Clifford Miracle) |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Andrew Clifford Maracle (a.k.a. Sir Andrew C. Miracle and Andrew Clifford Miracle) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte on behalf of the Tyendinaga Mohawk Council and all members of the Mohawks of the Bay of Quinte | Respondent | Active |
Counsel
Party: Andrew Clifford Maracle (a.k.a. Sir Andrew C. Miracle and Andrew Clifford Miracle)
Counsel
Shruthi Raman
36 Shaftesbury Avenue
Toronto, Ontario
M4T 1A2
Telephone: (416) 598-0708
FAX: (416) 598-7732
Party: R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte on behalf of the Tyendinaga Mohawk Council and all members of the Mohawks of the Bay of Quinte
Counsel
Rafal Szymanski
2 Queen St. E
15th Floor
Toronto, Ontario
M5C 3G5
Telephone: (416) 593-3938
FAX: (416) 593-5437
Email: rhorst@blaney.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Aboriginal law — Indian reserves — Certificates of possession — “Reserve lands” — “Lands situated in a reserve” — Courts — Jurisdiction — Whether a Certificate of Possession, as defined in s. 20(2) of the Indian Act, constitutes “reserve lands” or “lands situated in a reserve” and is therefore not subject to seizure under legal process — Whether ss. 29 and 89 of the Indian Act in conflict — If so, whether s. 89 of the Indian Act should be read “subject to” s. 29 — Whether the Ontario Superior Court of Justice has jurisdiction to order Mr. Maracle to transfer his Certificates of Possession to the Mohawks of the Bay of Quinte, or otherwise make any order as to the ownership, possession or disposition of reserve lands or land situated in a reserve?
Mr. Maracle and another party were ordered to pay the Mohawks of the Bay of Quinte First Nation $250,000 in general damages and $50,000 in punitive damages. To satisfy the judgment and several subsequent costs awards, the First Nation took out a writ of seizure and sale on three properties to which Mr. Maracle held Certificates of Possession — not the lands that were in issue in the original trial. The writs were validated and the Sheriff was directed to sell the Certificates of Possession in accordance with the Indian Act, R.S.C. 1985, c. I-5, to satisfy the debt owed to the First Nation. The sales required the approval of the Minister of Indian Affairs. Costs were again awarded against Mr. Maracle. When the First Nation requested that the Sheriff proceed with the sale in accordance with the motions judge’s order, the Sheriff declined on the advice of the Attorney General on the grounds that the lands were “reserve lands” and were therefore not subject to seizure. The First Nation then brought a motion to enforce the transfer. The motions judge granted the motion and set a method for selling the Certificates of Possession to satisfy the debt. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
0704/02, 2013 ONSC 4733
Method for transferring Mr. Maracle’s Certificates of Possession in order to satisfy the debt to the First Nation ordered
Court of Appeal for Ontario
C57655, 2014 ONCA 565
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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