Date: 20030204
Docket: A-62-02
Neutral citation: 2003 FCA 63
CORAM: ROTHSTEIN, J.A.
EVANS, J.A.
MALONE, J.A.
BETWEEN:
JAMES HOFER
Appellant
(Plaintiff)
- and -
THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN
DEVELOPMENT (as represented by the Department of
Indian Affairs and hereinafter referred to as DIAND)
- and -
THE BLOOD TRIBE CHIEF AND COUNCIL representing
all members of the Blood Band of Indians (as represented
by the Blood Tribe Department of Lands
(hereinafter referred to as BTLD)
- and -
LEVI BLACKWATER Respondents
(Defendants)
Heard at Edmonton, Alberta, on February 4, 2003.
Judgment delivered from the Bench at Edmonton, Alberta, on February 4, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN, J.A.
CONCURRED IN BY: EVANS, J.A.
MALONE, J.A.
Date: 20030204
Docket: A-62-02
Neutral Citation: 2003 FCA 63
CORAM: ROTHSTEIN, J.A.
EVANS, J.A.
MALONE, J.A.
BETWEEN:
JAMES HOFER
Appellant
(Plaintiff)
- and -
THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN
DEVELOPMENT (as represented by the Department of
Indian Affairs and hereinafter referred to as DIAND)
- and -
THE BLOOD TRIBE CHIEF AND COUNCIL representing
all members of the Blood Band of Indians (as represented
by the Blood Tribe Department of Lands
(hereinafter referred to as BTLD)
- and -
LEVI BLACKWATER
Respondents
(Defendants)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta,
on February 4, 2003.)
ROTHSTEIN, J.A.
[1] In spite of the arguments of the Appellant, we have not been persuaded that Hugessen, J. erred in any manner that would justify intervention by this Court. Hugessen, J. drew inferences from the facts before him and the Appellant has not demonstrated any palpable or overriding error in the inferences drawn. The appeal will be dismissed. The Crown and the Blood Tribe are each entitled to costs in the sum of $2,500.00 inclusive of disbursements.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-62-02
STYLE OF CAUSE: JAMES HOFER v. THE QUEEN IN RIGHT OF
CANADA et al. and THE BLOOD TRIBE CHIEF AND COUNCIL et al. and LEVI BLACKWATER
PLACE OF HEARING: EDMONTON, ALBERTA
DATE OF HEARING: FEBRUARY 4, 2003
REASONS FOR JUDGMENT BY ROTHSTEIN, J.A.
CONCURRED IN BY: EVANS, J.A.
MALONE, J.A.
DATED: FEBRUARY 4, 2003
APPEARANCES:
Thomas B. MacLachlan FOR THE APPELLANT
Kim Gowin FOR THE RESPONDENT
(THE QUEEN IN RIGHT OF CANADA et al.)
Kenneth R. McLeod FOR THE RESPONDENTS
BLOOD TRIBE CHIEF AND COUNCIL et al. and LEVI BLACKWATER
SOLICITORS OF RECORD:
MacLachlan McNab Hembroff FOR THE APPELLANT
Barristers & Solicitors
Lethbridge, Alberta
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada (THE QUEEN IN RIGHT OF Ottawa, Ontario CANADA et al.)
Walsh Wilkins Creighton LLP FOR THE RESPONDENTS
Barristers & Solicitors BLOOD TRIBE CHIEF AND
Calgary, Alberta COUNCIL et al. and LEVI BLACKWATER
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