Federal Court of Appeal CANADA Cour d'appel fédérale Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20110308 Docket: A-273-10 Citation: 2011 FCA 87 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: LITTLE RED RIVER CREE NATION #447 Appellants and JOHN M. LABOUCAN Respondent Heard at Edmonton, Alberta , on March 8, 2011 Judgment delivered from the Bench at Edmonton, Alberta , on M arch 8, 2011 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20110308 Docket: A-273-10 Citation: 2011 FCA 87 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A.

BETWEEN: LITTLE RED RIVER CREE NATION #447 Appellants and JOHN M. LABOUCAN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton , Al bert a, on March 8, 2011) NOËL J.A. [ 1 ] We see no basis for interfering with the decision of Justice Gauthier. The only basis for the appeal is a novel constitutional argument that was not put before her and with respect to which the respondent did not have the opportunity to file evidence. As such, it cannot be raised on appeal. [ 2 ] The respondent claims that an increased award of costs in order. We agree.

The argument was doomed to fail and should not have been pursued. [ 3 ] The appeal will be dismissed with costs to be assessed at the high end of Column V of Tariff B. Marc Noël J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-273-10 (APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE JOHANNE GAUTHIER DATED JULY 2, 2010, DOCKET NO. T-2003-09) STYLE OF CAUSE: LITTLE RED RIVER CREE NATION #447 v. JOHN M. LABOURCAN

PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: March 8, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER & TRUDEL JJ.A.) DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES : Priscilla Kennedy FOR THE APPELLANTS Janet Hutchison FOR THE RESPONDENT SOLICITORS OF RECORD : Davis LLP Edmonton, Alberta FOR THE APPELLANTS Chamberlain, Hutchinson Edmonton, Alberta FOR THE RESPONDENT