Can a non-party party to a Treaty 8 application joinder to the same issue at a later date?
British Columbia, Canada
The following excerpt is from Cowichan Tribes v. Canada (Attorney General), 2016 BCSC 1660 (CanLII):
Joinder can prevent re-litigation of the same issue at a later date. Alternately, joinder can protect a non-party from the obstacle of res judicata in future. In West Moberly First Nations v. British Columbia, 2007 BCSC 1324 (“West Moberly 2007”), the court decided on notice to non-party Treaty 8 signatories and adherents to an action about the western boundary of Treaty 8. The court allowed notice and thereby the possibility of joinder in part to prevent the injustice of res judicata at a later date (para. 23) or conversely to prevent re-litigation (para. 26).
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