Larkman v. Canada (Attorney General) 2012 FCA 204
Indians, Inuit and Métis - General - Registration - Entitlement
In 2010, Larkman sought an extension of the 30 day limitation period in s. 18.1(2) of the Federal Courts Act to apply for judicial review to set aside an Order in Council which caused her grandmother’s “enfranchisement” in 1952. The statutory regime (now repealed) under which the Order in Council was made was aimed at assimilating Aboriginal peoples, eradicating their culture and folding them into what was regarded as mainstream culture. The Order in Council stripped the grandmother of her status of “Indian” under the Indian Act (1951) and denied Indian status to all of the grandmother’s descendants, including Larkman. In her intended application for judicial review, Larkman alleged that the Order in Council was obtained by a fraud committed upon her grandmother.
The Federal Court, without offering reasons, allowed Larkman’s motion and granted her an extension of time until 15 days shortly after its order. The Attorney General appealed.
The Federal Court of Appeal, considering the motion de novo, granted Larkman’s motion for the extension, but varied the deadline to 15 days after the appeal court’s judgment.
*Editor’s Note: The following notation was on the cover page of this judgment: “Layden-Stevenson, J.A., was unable to participate in the court’s deliberations and died on June 27, 2012. This judgment and reasons are issued under ss. 45(3) of the Federal Courts Act, R.S.C. 1985, c. F-7.”