Case information

Civil procedure — Parties — Standing — Interest — Exception to dismiss — Aboriginal law — Aboriginal rights — Whether originating application had to be dismissed on ground that applicants had no standing — Whether judgment of Court of Appeal must be reversed on question of dismissal and whether trial judgment must be restored — Code of Civil Procedure, CQLR, c. C 25.01, art. 85.

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The applicants, René Rock, Réginald Rock, John Rock and Richard Hervieux, are members of the Pessamit Innu First Nation. They alleged that the respondent, the Conseil de bande de Pessamit, had wrongfully appropriated the First Nation’s powers with respect to Aboriginal rights and governmental self determination. They sought a permanent injunction to prohibit the respondent from taking action or making decisions concerning those rights and that autonomy. The respondent brought an application for dismissal, disqualification and declinatory exception. With regard to the exception to dismiss, the respondent argued that the applicants did not have the legal interest required to act on behalf of the First Nation. The Quebec Superior Court dismissed that application. The Court of Appeal allowed the respondent’s appeal in part and, with regard to the exception to dismiss, found that the applicants had not shown either that they had received a mandate from the First Nation or that they had clearly defined the First Nation in their action. The court also found that the applicants had not proved that they had a genuine interest in the issue raised or that their action was a reasonable and effective way to bring the issue before the courts.