Date: 20001026
Docket: T-1657-00
BETWEEN:
MAX GROS-LOUIS
-and-
ANDRÉ DUCHESNEAU
-and-
NORMAND LAINEY
-and-
MAURICE VINCENT
-and-
RAYMOND SIOUI
-and-
LUC LAINÉ
Applicants
- AND -
LE CONSEIL DE LA NATION HURONNE-WENDAT
-and-
ROGER VINCENT, in his capacity as director of finance
and director of the Council of the Nation Huronne-Wendat
-and-
GERMAIN PAUL, in his capacity as the new electoral officer
appointed by the Council on August 30, 2000 under its resolution 5163
-and-
EDDY JENNIS, in his capacity as deputy electoral officer
duly appointed under the Code de représentation de la
Première Nation Huronne-Wendat
-and-
THE ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is an emergency application to review a decision rendered by the Honourable Mr. Justice Pinard on September 13, 2000. The application was heard on October 26, 2000 at 3:00 p.m. by conference call.
[2] Pursuant to the decision rendered by Pinard J. on September 13, 2000, an election is being held today, October 26, 2000, on the territory of the reserve.
[4] In a letter dated October 25, 2000, Mr. Michel Miller, counsel for the federal Department of Justice, informed the Court that the registration procedure in the departmental order issued July 19, 2000 by the Department of Indian and Northern Affairs under section 74 of the Indian Act had not been complied with.
[4] It appears from the judge's decision, dated last September 13, that the judge based his decision in part on this departmental order of July 19, 2000.
[5] The letter from Mr. Michel Miller of the Department of Justice also stated that a new departmental order substantially identical to that of July 19, 2000 had been registered on October 25, 2000.
[6] Mr. Carol Robitaille, representing Mr. Roger Vincent, one of the respondents, suggests that the Court should urgently intervene to stay the election process now under way in view of the new facts disclosed by the letter of the Department of Justice of which the judge was unaware on September 13, 2000.
[7] As for the representatives of the Department of Justice and the representatives of the applicants, they claim that the validity of the election process prior to the registration of the new departmental order is not at issue, and that the parties may in any event challenge the election process, as they have indicated they intend to do, after the election.
[8] This application came before me at the very last minute and it is obvious that the parties have not had an opportunity to prepare their records and to present written memoranda supported by the relevant cases.
[9] In the circumstances, Mr. Carol Robitaille, counsel for Mr. René Vincent, has not succeeded in persuading me of the need to intervene to stay the election process now under way, the voting being scheduled to end tonight at 8:00 p.m.
[10] However, I think it is in the interests of justice that the parties retain their potential remedies in this Court.
[11] For these reasons, I am dismissing the application by the respondent Roger Vincent to suspend the election process.
[12] The parties reserve their potential remedies in this Court.
OTTAWA, ONTARIO
October 26, 2000
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE: Max Gros-Louis et al |
| v. Le Conseil de la nation Huronne-Wendat et al. |
| PLACE OF HEARING: Ottawa, Ontario / Québec, Quebec |
| DATE OF HEARING: October 26, 2000 |
REASONS FOR ORDER OF BLAIS J.
DATED: October 26, 2000
APPEARANCES:
P. Giroux for the applicants
C. Robitaille for the respondent R. Vincent
Anick Pelletier
Mr. Leblanc for the respondent
Attorney General of Canada
SOLICITORS OF RECORD:
Tremblay Bois Migneault Lemay
Sainte-Foy, Quebec for the applicants
Labrecque, Robitaille, Roberge, Asselin
Québec, Quebec for the respondent R. Vincent
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
Attorney General of Canada
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