May 8, 2018
The court decided that this case should not be allowed to proceed as a class action. The decision of the court can be read by clicking here. The Plaintiff intends on appealing the decision.
Mr. Brake’s statement: On May 8, 2018 the Federal Court denied Mr. Brake’s motion to proceed with his class action. Mr. Brake is disappointed by the result and disagrees with the outcome.
In Mr. Brake’s view, the Federal Court’s decision is a significant blow to the prospects of getting access to justice for 80,000 rejected applicants. The Federal Court found that the action was premature and inappropriate for a class proceeding. Mr. Brake does not agree. A wrong has been perpetrated against the applicants to the Qalipu Mi’kmaq First Nation by the establishment of the Supplementary Agreement. That wrong should be remedied for all 80,000 rejected applicants at the same time in this class proceeding. Instead, in effect, the Federal Court’s decision will result in a piecemeal approach where the Supplemental Agreement will be assessed at different times in different proceedings.
Mr. Brake intends on appealing the decision. He hopes his action, which seeks to address all the issues with the Supplemental Agreement and all appropriate remedies at one time, will be certified as a class proceeding on behalf of all rejected applicants by the Federal Court of Appeal.