Date: 20010705
Docket: A-246-01
Neutral citation: 2001 FCA 230
Present: MALONE J.A.
BETWEEN:
DAVID STARR, MARTIN OKEMOW, MELANIE OKEMOW (TRINDLE), GEORGE
NETAWASTANUM, RITA OAR, HELEN STARR, JOHNNY MERRIER (OSSEMEMAS),
GEORGE NOSKIYE, ANDREW ORR, LOUIS J. CARDINAL, SARAH SINCLAIR,
HARVEY HOULE, and VICTOR CARDINAL on behalf of the Cree Indians of Peerless Lake,
or Trout Lake, and of God's Lake, the Peerless Lake Indian Band, and the Trout Lake Indian
Band
Appellants(Plaintiffs)
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of
Indian Affairs and Northern Development
Respondent(Defendant)
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on July 5, 2001.
REASONS FOR ORDER BY: MALONE J.A.
Date: 20010705
Docket: A-246-01
Neutral citation: 2001 FCA 230
Present: MALONE J.A.
BETWEEN:
DAVID STARR, MARTIN OKEMOW, MELANIE OKEMOW (TRINDLE), GEORGE
NETAWASTANUM, RITA OAR, HELEN STARR, JOHNNY MERRIER (OSSEMEMAS),
GEORGE NOSKIYE, ANDREW ORR, LOUIS J. CARDINAL, SARAH SINCLAIR,
HARVEY HOULE, and VICTOR CARDINAL on behalf of the Cree Indians of Peerless Lake,
or Trout Lake, and of God's Lake, the Peerless Lake Indian Band, and the Trout Lake Indian
Band
Appellants(Plaintiffs)
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of
Indian Affairs and Northern Development
Respondent(Defendant)
REASONS FOR ORDER
MALONE J.A.
[1] This is yet another case where the parties are unable to settle the content of the Appeal Book and accordingly seek a determination of this Court. The problem faced by a Motions Judge in such an issue is well described by Létourneau J.A. in the recent case of Minister of the Environment v. The Information Commissioner fo Canada and Ethyl Corporation Inc. (Docket A-233-01, June 29, 2001) when he wrote:
It is simply impossible to appreciate, at this stage of the appeal, the relevancy and usefulness of each and every piece of material. Experience tells me that it is very rare indeed that the parties on appeal refer to all the material in the appeal books, especially when there are so many. . . . Prudence and wisdom also advise me, if I have to err, that it is preferable to err on the safe side. Therefore, I will accede to the Information Commissioner's request, but impose upon the Commissioner an obligation to have another look at the material with a view to eliminating what is not required to dispose of the issues on appeal. I will reserve to the panel the right to adjudicate on the costs of the appeal books irrespective of the decision on the merits of the appeal.
[2] A separate order will issue in this case following the above rationale.
"B. Malone"
J.A.
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