31420-12-1 SAWRIDGE, Indian vs. ROLAND, Twinn et al

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P01 Clerk’s Stamp: COURT FILE NUMBER: 1103 14112 COURT OF QUEEN’S BENCH OF ALBERTA EDMONTON JUDICIAL CENTRE IN THE MATTER OF THE TRUSTEE ACT, R.S.A 2000,C. T-8, AS AMENDED IN THE MATTER OF THE SAWRIDGE BAND INTER VIVOS SETTLEMENT CREATED BY CHIEF WATER PATRICK TWINN, OF THE SAWRIDGE INDIAN BAND, NO. 19, now known as SAWRIDGE FIRST NATION, ON APRIL 15, 1985 (the “1985” Sawridge Trust”) APPLICANTS ROLAND TWINN, CATHERINE TWINN, WALTER FELIX TWIN, BERTHA L’HIRONDELLE, and CLARA MIDBO, as Trustees for the 1985 Sawridge Trust DOCUMENT APPLICATION BY THE PUBLIC TRUSTEE OF ALBERTA ADDRESS FOR SERVICE AND Chamberlain Hutchison CONTACT INFORMATION OF #155, 10403 - 122 Street PARTY FILING THIS DOCUMENT Edmonton, AB T5N 4C1 NOTICE TO RESPONDENTS This application is made against you. You are a respondent. You have the right to state your side of this matter before the Justice. Attention: Janet Hutchison Telephone: (780) 423-3661 Fax: (780) 426-1293 File: 51433 JLH To do so, you must be in Court when the application is heard as shown below: Date: March 6,2012 Time: 10:00AM Where: Law Courts Building 1A Sir Winston Churchill Square, Edmonton, Alberta T5J 3Y2 Before: Justice in Chambers, Special Chambers Go to the end of this document to see what else you can do and when you must do it.
P02 Remedy claimed or sought: 1. The minors affected by the application of the Sawridge Trustees in the within matter require representation to protect their interests. The Public Trustee seeks to be appointed as litigation representative for the affected minors, on appropriate and acceptable conditions. 2. The order establishing the conditions of the Public Trustee’s appointment should require the Sawridge Trustees pay the legal fees associated with representation of the minors’ interests out of the funds held by the 1985 Trust and exempt the Public Trustee from any obligation to pay costs in the within matter. 3. Based on the current definition change the Sawridge Trustees seek in relation to the 1985 Trust, there is a potential for a conflict of interest as between 2 groups of affected minors. If appointed as litigation representative, the Public Trustee seeks the advice and direction of the Court regarding whether it can properly act for all affected minors or whether a second litigation representative is required in this case. 4. The Public Trustee considers the Sawridge Band Membership criteria and process as relevant and material to the Sawridge Trustees’ application. The issues relating to the Sawridge Band Membership criteria and process, and in particularly their impact on certainty of objects of the 1985 Trust, are also directly relevant to protecting the interests of affected and potentially affected minors. The Public Trustee seeks an advance ruling, for the purposes of questioning on affidavits in this matter, that information and evidence relating to the Sawridge Band Membership criteria and process is relevant and material to the main application. 5. Such further and other relief as this Court may deem appropriate. Grounds for making this application: 6. The August 31, 2011 Order of Justice Thomas directed that the Public Trustee be notified of the main application. However, no litigation representative has actually been appointed to represent the minors affected, or potentially affected, by this proceeding. 7. Members of the Sawridge Band, even the parents of the affected minors, would not be appropriate litigation representatives as they themselves are beneficiaries of the Sawridge Trust and are in a potential conflict of interest. The Sawridge Trustees are in the same position, as they are also all beneficiaries of the Trust. 8. The issues raised by the Sawridge Trustees’ application are potentially complex issues of trust and Aboriginal law. Further, the application affects access to trust property worth over $60,000,000.00. The acquisition, or loss, of beneficiary status will have significant financial and social ramifications for the affected, or potentially affected, minors for the rest of their lives. 9. The Public Trustee is equipped to represent the interests of minors in this matter and has identified issues that must be addressed to ensure the interests of the minors in question are protected. While the issues raised by the main application are important to the minors, they relate to issues within a very wealthy First Nation and a Trust with significant assets. As such, this is not an appropriate case for the Public Trustee to act in if the costs of protecting the interests of the affected, or potentially affected, minors were to be bome by the taxpayers of Alberta. Based on the specific facts of this case, the legal fees associated with representation of the minors should be paid by the Sawridge Trust itself and the Public Trustee should be exempted from liability for any costs in the proceeding.
Page 6 and 7: P03 10. The minors affected by this
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Page 10 and 11: F03 1Proceedings taken in the Court
Page 12 and 13: F05 1THE COURT: 2 3 Submissions by
Page 14 and 15: F07 1 2 The only other point I woul
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Page 20 and 21: F13 1 entire history of the members
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Page 24 and 25: F17 1 aside this money, and now we
Page 26 and 27: F19 1 Certainly we would say that t
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F47 1MR. MOLSTAD: Yeah. They were o
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31420-12-1 SAWRIDGE, Indian vs. ROLAND, Twinn et al

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