Immunity From Seizure: Interpreting Section 89(1) Of The Indian Act

On June 19, 2017, the Québec Superior Court ("the Court") handed down a decision¹ on the immunity from seizure granted by the Indian Act ("the Act").² The defendant, Mr. Robertson, an Indian within the meaning of the Act, objected to three judgments issued against him by the Court of Québec and the Superior Court ordering a seizure of his income and his movable assets located on the Mashteuiatsh Reserve, in Saguenay-Lac-Saint-Jean. The convictions totalled an amount of more than $265,000, including interest and costs. In the view of the Court, the defendant party, i.e. Corporation de développement économique montagnaise ("CDEM"), could not be considered an Indian or an Indian band within the meaning of the Act.