SAMSON CREE NATION CLASS ACTION
CASE SUMMARY
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Dentons Canada LLP is prosecuting a class action on behalf of all persons who became
members of the Samson Cree Nation as a result of the Bill C-31 amendments to the Indian Act in 1985
and who were denied payments of per capita distributions from time to time after June 29, 1987.
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The lawsuit was filed in the Court of Queen’s Bench of Alberta on December 4, 2014. The
defendants named in the lawsuit are the Chief and Council of the Samson Cree Nation and the Samson
Cree Nation. To view a copy of the Third Amended Statement of Claim please click here.
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The defendants have filed a Statement of Defence. Please click here to view a copy of the
Statement of Defence. The defendants have also filed a Third Party Claim naming the government of
Canada as a defendant. Please click here to review a copy of the Amended Third Party Claim.
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The Honourable Associate Chief Justice John D. Rooke was appointed as the case management
justice for this lawsuit. Associate Chief Justice Rooke will hear all motions and deal with all issues in this
lawsuit up to the trial.
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If you would like to contact someone about this lawsuit, please email Dentons Canada LLP at
pcdclaim@dentons.com. If you are a potential claimant and wish to be included in our class action
database, please visit the communications tab of this website and register on a confidential basis by filling
out the on-line questionnaire appearing there.
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If you would like to know more about how a class action works, click here.
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Please visit this web site regularly for up-to-date information regarding matters relating to the
Samson Cree Nation class action.
IMPORTANT NOTE
This website provides general information concerning a class action commenced in the Alberta Court of
Queen’s Bench relating to the Samson Cree Nation’s denial of payment of per capita distributions and
other financial benefits to persons who became members of the Band as a result of the Bill C-31
amendments to the Indian Act.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely
upon the information provided on this website as legal advice in respect of your individual situation nor
use it as a substitute for individual legal advice.
The information collected about potential class members will assist counsel in prosecuting the class
action and assessing what compensation is owed to the class as a whole. Providing the information
requested does not make you the client of Dentons Canada LLP. The court will ultimately decide who will
be included as a class member.
This website is updated from time to time to provide class members with further information.
STATUS UPDATE
January 21, 2024 Update
1. On November 24, 2021 the Court of Appeal of Alberta issued a Memorandum of Judgment in relation
to the Samson Cree Nation’s appeal challenging the decisions of the Honourable Associate Chief Justice
Rooke to certify the plaintiff’s action as a class proceeding and to grant summary judgment on some of
the common issues.
2. The Court of Appeal upheld the decision of the lower court to certify the lawsuit as a class action.
3. The Court of Appeal overturned the grant of summary judgment on Subclass Common Issue 1,
holding that whether the membership agreements are void for lack of is an issue that should be decided
at the common issues trial.
4. Thereafter, the Honourable Associate Chief Justice Rooke granted certain orders concerning the
conduct of the class proceeding before reaching his statutory retirement in late 2022. In 2023 the
Associate Chief Justice of the Court of King’s Bench, the Honourable Kenneth G. Nielsen, appointed Mr.
Justice Thomas G. Rothwell as the case management Justice for this lawsuit. The Honourable Justice T.
Rothwell will hear all motions and deal with all issues in this lawsuit up to the trial.
5. The Honourable Justice T. Rothwell has granted various orders concerning the conduct of the class
proceeding. These include orders establishing a Protocol governing the production of records between
the parties and relating to the confidential treatment of records containing financial or personal
information of the members of the Class or financial information of the Samson Cree Nation.
6. On January 8, 2024 the Court directed that a Notice the Court has approved relating to the
certification of this class action be disseminated. Please click here to view a copy of the Notice. On
January 19, 2024 counsel for the plaintiff mailed the Notice to the last known addresses of persons the
Samson Cree Nation has identified from its records as members of the Class, by registered mail and by
email where a valid email address exists. Counsel for the plaintiff also emailed the Notice to all other
persons who have contacted Class Counsel and identified themselves, or family members on whose
behalf they were acting, as persons who had an interest in the resolution of the lawsuit.
7. The Court has directed a case management conference on a date to be determined in March 2024 to
address the scheduling of various intended applications in the case and other issues concerning the
conduct of the class proceeding.
April 23, 2021 Update
1. The Certification Order has now been finalized. It lists the common issues that have been certified to proceed to a common issues trial and includes a Litigation Plan for the conduct of the lawsuit. Please click here to view a copy of the Certification Order filed March 11, 2021.
2. The Certification Order is being appealed to the Court of Appeal of Alberta. The appeal is scheduled for an oral hearing on September 9, 2021.
3. As is noted in paragraph 10 of the Certification Order, the date by which the Samson Cree Nation must provide the names, dates of birth, Treaty numbers, and other Contact Information for all of the Class Members is yet to be determined.
September 15, 2020 Update
1. Various applications in the case, including motions by the plaintiff for an order certifying the action as a class action and for partial summary judgment on certain issues, were heard on the 19th - 21st days of September, and the 8th day of November 2018. Supplemental argument was filed (without hearing) on the 16th and 31st days of October, the 12th and 15th days of November 2019, the 3rd day of March, and the 9th day of June 2020.
The lawsuit has been certified as a class action
2. On August 31, 2020, the Court issued Reasons for Decision of the Honourable Associate ChiefJustice John D. Rooke deciding that this lawsuit is an appropriate case to proceed by way of a class proceeding and certifying the lawsuit to proceed to a common issues trial on the common issues approved in the same certification decision. Please click here to view a copy of the Reasons for Decision of the Honourable Associate Chief Justice Rooke on certification.
3. The persons included in the class are:
All persons whose names were recorded on the “Band List”, as that term is defined by the Indian Act, RSC 1985, c I-5, as amended, for Samson Nation maintained by the Minister of Indian Affairs and Northern Development (the “Samson Band List”) at any time on or after June 29, 1987, and from whom Samson Nation withheld payment of per capita distributions and Special Pays at any point after the person’s name was added to the Samson Band List, until the date of certification of the action as a class proceeding, or, where such person is deceased, the personal representative of the estate of the deceased person.
4. Within this main class is a subclass of persons who obtained Samson Nation recognition of their membership pursuant to an agreement (a “Membership Agreement”). The persons included in the subclass are:
All Class Members who obtained Samson Nation’s recognition that they were a member of the Samson Cree Nation pursuant to an agreement they executed or that individuals authorized to do so on their behalf executed whereby the Class Member released Samson Nation of liability for claims with respect to any distribution of money to them at any point after their name was added to the Samson Band List (“Membership Agreement”) , from June 29, 1987 and until the date of certification of the action as a class proceeding, or, where such person is deceased, the personal representative of the estate of the deceased person.
5. Associate Chief Justice Rooke directed that counsel prepare a Certification Order with a list of the common issues approved, a finalized Litigation Plan and the Notices that are required. Counsel are working to address these directions and a further status update will follow once the directions have been satisfied.
The plaintiff class has also obtained judgment on several key issues
6. On August 31, 2020 the Court also issued Reasons for Decision in relation to the plaintiff’s application for Summary Judgment for part of the relief she seeks at the common issues trial.
7. The Honourable Associate Chief Justice Rooke granted summary judgment in favour of the plaintiff class confirming the constitutional validity and applicability to the Samson Nation of Bill C-31 in this lawsuit. The judgment puts an end to the Samson Nation’s continuing claim that Bill C-31 is invalid legislation that it is not obliged to consider or adhere to.
8. The Honourable Associate Chief Justice Rooke also granted summary judgment in favour of the plaintiff class confirming that the Nation did not have control of its Band list under the amendments to the Indian Act made by Bill C-31, and, further, that the “Membership Agreements” (as defined in the subclass definition in paragraph 4 above) Samson Nation obtained from the plaintiff class offering them membership in the Nation in exchange for a release of liability of the Nation are illegal, void and otherwise unenforceable against the plaintiff class.
9. In the result, the lawsuit will proceed to a common issues trial on the remaining common issues approved by The Honourable Associate Chief Justice John D. Rooke in accordance with the Court’s procedural directions in the case.
COMMUNICATION
Please provide the information requested below.
To provide documents by fax: 780.423-7276.
To provide documents to us by delivery or mail:
Dentons Canada LLP
2500 Stantec Tower
10220 – 103 Avenue NW
Edmonton, Alberta T5J 0K4
Attention: SCN Class Action