Indian Act

Version of section 31 from 2002-12-31 to 2003-07-01:

Marginal note:Information by Attorney General
  •  (1) Without prejudice to section 30, where an Indian or a band alleges that persons other than Indians are or have been

    • (a) unlawfully in occupation or possession of,

    • (b) claiming adversely the right to occupation or possession of, or

    • (c) trespassing on

    a reserve or part of a reserve, the Attorney General of Canada may exhibit an information in the Federal Court claiming, on behalf of the Indian or band, the relief or remedy sought.

  • Marginal note:Information deemed action by Crown

    (2) An information exhibited under subsection (1) shall, for all purposes of the Federal Court Act, be deemed to be a proceeding by the Crown within the meaning of that Act.

  • Marginal note:Existing remedies preserved

    (3) Nothing in this section shall be construed to impair, abridge or otherwise affect any right or remedy that, but for this section, would be available to Her Majesty or to an Indian or a band.

  • R.S., c. I-6, s. 31;
  • R.S., c. 10(2nd Supp.), ss. 64, 65.
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