Can Canada be added as a defendant in aboriginal litigation proceedings?

Alberta refers to two recent B.C. cases where the defendant Provincial Crown successfully applied to add Canada as a defendant to aboriginal litigation proceedings. In Kispiox Band of Indians v. British Columbia (1994), 25 C.P.C. (3d) 121 (B.C.S.C.), a band sued for damages for trespass by the province on a road through reserve lands. The issue was whether an order in council had reconveyed lands from the province to Canada. The relevant land was a road running through the band’s reserve. Canada did not oppose being added as a party. The plaintiff opposed the application because of undue protraction and because the plaintiff had made no claim against Canada. In adding Canada, the court cited a need to have the band’s fiduciary involved.