WAQUAN v CANADA (ATTORNEY GENERAL), 2016 ABQB 191
3.68: Court options to deal with significant deficiencies
The Plaintiffs, members of the Mikisew Cree First Nation (“MCFN”), brought an Action to set aside certain terms of a treaty settlement agreement from a prior Action between MCFN and Canada. The Defendant, the Attorney General, applied to strike the Plaintiffs’ Pleadings for failing to disclose a cause of action. Wittmann C.J. noted that Rule 3.68 governs the striking of claims, and stated that:
A claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action... Another way of putting the test is that the claim has no reasonable prospect of success. Where a reasonable prospect of success exists, the matter should be allowed to proceed to trial.
Chief Justice Wittmann held that the individual Plaintiffs had no standing to bring the Action on behalf of the MCFN, as the rights settled under the treaty were collective rights belonging to all members of the MCFN. His Lordship also held that the individual Plaintiffs had no authority to bring a derivative Action on behalf of MCFN. As a result, Wittmann C.J. struck the claim in its entirety for failing to disclose a cause of action.View CanLII Details