Chief v. Canada (Minister of Indian Affairs and Northern Development), 2005 FC 836

Date: 20050613

Docket: T-686-03

Citation: 2005 FC 836

BETWEEN:

                                                            ROY LITTLE CHIEF

                                                                                                                                            Applicant

                                                                           and

THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT,

HON. ROBERT D. NAULT, PC. MP, AND THE CHIEF AND COUNCIL OF

THE SIKSIKA NATION FROM TIME TO TIME AND CHIEF ADRIAN

STIMSON SR., CHIEF OF THE SIKSIKA NATION, AND MORRIS RUNNING

RABBIT, GERALD SITTING EAGLE, RUTH SCALP LOCK, JANICE DOORE,

KENDALL PANTHER BONE, SCOTTY MANY GUNS, LEONARD GOOD

EAGLE, JASON DOORE, ELDON WEASEL CHILD, CLIFFORD MANY GUNS,

AND DEBBIE SMITH, COUNCILLORS OF THE SIKSIKA NATION ON THEIR

OWN BEHALF AND AS REPRESENTATIVES OF THE SIKSIKA NATION

COUNCIL

                                                                                                                                      Respondents

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                The Applicant sought judicial review of a decision discounting complaints concerning a referendum to approve terms of a proposed land claim settlement involving the Siksika Nation. The Court dismissed the application with costs. I issued a timetable for written disposition of the bill of costs of the Respondents, the Chief and Council of the Siksika Nation from Time to Time and all respondents other than the Minister of Indian Affairs and Northern Development, Hon. Robert D. Nault, PC. MP (hereafter the "Respondents").

[2]                The Applicant did not file any materials in response to the Respondents' materials. Counsel for the Respondents indicated informally that his information from opposing counsel was that he did not have instructions to file anything for the Applicant. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by an assessment officer stepping away from a position of neutrality to act as the litigant's advocate in challenging given items in a bill of costs. However, the assessment officer cannot certify unlawful items, ie. those outside the authority of the judgment and tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. There were items for services of counsel which might have attracted disagreement, but the amount claimed in total in the amended bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Respondents' amended bill of costs is assessed and allowed as presented at $5,635.40.

(Sgd.) "Charles E. Stinson"

     Assessment Officer

Vancouver, BC

June 13, 2005

                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-686-03

STYLE OF CAUSE:                          ROY LITTLE CHIEF

- and -

THE MINISTER OF INDIAN AFFAIRS AND

NORTHERN DEVELOPMENT and

THE CHIEF AND COUNCIL OF THE SIKSIKA NATION FROM TIME TO TIME et al.

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                  June 13, 2005

SOLICITORS OF RECORD:

Johns, Southward, Glazier, Walton & Margetts                          for Applicant

Victoria, BC

John H. Sims, Q.C.                                                                   for Respondent

Deputy Attorney General of Canada     Minister of Indian Affairs

and Northern Development

MacPherson Leslie & Tyerman LLP     for Respondents

Calgary, AB                                                                              Chief and Council of the

Siksika Nation et al.