Ellis v. Horgan, 2006 FC 1086

Date: 20060912

Docket: T-736-06

Citation: 2006 FC 1086

Toronto, Ontario, September 12, 2006

PRESENT:     THE HONOURABLE MR. JUSTICE ROGER T. HUGHES

BETWEEN:

PATRICK ELLIS

(SAULTEAUX TRIBE)

Application

(In the Private)

and

MICHAEL HORGAN

CARRYING ON BUSINESS AS

DEPUTY MINISTER OF

INDIAN AND NORTHERN AFFAIRS CANADA

Response

(In the Private)

REASONS FOR ORDER AND ORDER

[1]               To the extent that it is capable of being understood, this is an Application made pursuant to section 18.1 of the Federal Courts Act, R.S.C. 1985, c. F-7, for an Order requiring the Deputy Minister of Indian and Northern Affairs, to answer a series of questions, directed in part to Her Majesty relating to jurisdictional issues over Indian persons and lands.

[2]               Section 18.1 provides that this Court may provide relief in respect of a decision or order of a Federal board or tribunal where the applicant is a person affected.  There is no decision or order in this case that could be the subject of proceedings under section 18.1.  That section does not permit the questioning of a Minister or Deputy Minister in the absence of an underlying decision or order.

[3]               This application is so bereft of any substance that it must be dismissed (see David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 FC 588).

ORDER

THIS COURT ORDERS that:

1.                  The motion to dismiss the application is allowed;

2.                  The application is dismissed;

3.                  No order as to costs.

“Roger T. Hughes”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-736-06

STYLE OF CAUSE:                          PATRICK ELLIS (SAULTEAUX TRIBE); and

MICHAEL HORGAN CARRYING ON BUSINESS AS

DEPUTY MINISTER OF INDIAN AND NORTHERN

AFFAIRS CANADA

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR JUDGMENT

AND JUDGMENT:                          HUGHES J.

DATED:                                             September 12, 2006

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: