McDiarmid Lumber Ltd. v. God’s Lake First Nation

Supreme Court of Canada – [2006] 2 S.C.R. 846

Manitoba FundingIndian ActSeizure

Summary

The Court gives a strict meaning to the exemptions from seizure and garnishment contained in the Indian Act. The funds of a Comprehensive Funding Arrangement, by which the federal finances the Band, are not exempted.

Issue

Are the funds from a CFA between an Indian band and the federal government deemed situated on a reserve, thus exempting them from seizure under sections 89 and 90 of the Indian Act?


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Mitchell v. Peguis Indian Band

Supreme Court of Canada – [1990] 2 S.C.R. 85

Manitoba Fiduciary dutyIndian ActSeizure

Summary

This case confirms that the Indian Act prevents the sums transferred to Indian bands by the province or the federal from being seized

Issue

Were the sums transferred to the Indian Bands by the government of Manitoba personal property that could not be seized under the Indian Act?


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