Hamilton v. Driftpile First Nation Band Council, docket T-2223-99

Date: 20000817

Docket: T-2223-99

OTTAWA, ONTARIO, AUGUST 17^th, 2000

PRESENT: THE HONOURABLE MR. JUSTICE LEMIEUX

BETWEEN:

     Applicant

     - and -

     DRIFTPILE FIRST NATION BAND COUNCIL

     Respondent

     ORDER AND REASONS FOR ORDER

LEMIEUX J.:

[1]      The grounds invoked by the applicant do not satisfy me there is any justification for converting this judicial review application into an action. The applicant has the certified record of the Canadian Human Rights Commission (the "Commission") and can attack its decision from that basis.

[2]      In addition, the applicant has filed his application record and the Court, with the applicant"s consent, has extended the time to the respondent within which to file its record.

[3]      The Court is satisfied the Federal Court Rules governing judicial review are appropriate for the relief claimed in the applicant"s application for judicial review from the decision of the Commission refusing to proceed with his complaint.

[4]      Moreover, the applicant cannot have recourse to section 18.4(1) to transform judicial review into an action for damages.

     ORDER

     For these reasons, the application to convert this judicial review application is dismissed.

     "François Lemieux"

     J U D G E