Date: 20030205
Docket: A-640-00
Neutral citation: 2003 FCA 64
CORAM: ROTHSTEIN, J.A.
EVANS, J.A.
MALONE, J.A.
BETWEEN:
LAC LA RONGE INDIAN BAND,
Appellant
- and -
CHACH RED SKY,
Respondent
- and -
LAC LA RONGE INDIAN BAND,
Appellant
- and -
WILFRED CARDINAL,
Respondent
Heard at Edmonton, Alberta, on Wednesday, February 5, 2003.
Judgment delivered from the Bench at Edmonton, Alberta, on February 5, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS, J.A.
CONCURRED IN BY: ROTHSTEIN, J.A.
MALONE, J.A.
Date: 20030205
Docket: A-640-00
Neutral citation: 2003 FCA 64
CORAM: ROTHSTEIN, J.A.
EVANS, J.A.
MALONE, J.A.
BETWEEN:
LAC LA RONGE INDIAN BAND,
Appellant
- and -
CHACH RED SKY,
Respondent
- and -
LAC LA RONGE INDIAN BAND,
Appellant
- and -
WILFRED CARDINAL,
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta,
on February 5, 2003.)
Evans, J.A.
[1] This is an appeal by the Lac La Ronge Band from a decision of Pelletier J. (as he then was), dated May 12, 2000, in which he dismissed the Band's application for judicial review to set aside a decision of an Adjudicator, dated November 12, 1998. The Adjudicator had upheld the respondents' complaints under the Canada Labour Code, R.S.C. 1985, c. L-2, section 240, that they had been unjustly dismissed from their employment by the appellant. We were advised at the hearing that the appeal of Chach Red Sky had been settled. Counsel for the appellant did not satisfy us that the decision under appeal respecting Wilfred Cardinal contained any error warranting the intervention of this Court.
[2] Counsel for the appellant's principal ground of appeal was that the Adjudicator had committed serious errors in her findings of fact, particularly with respect to the motives of the Band in dismissing the respondents. On an application for judicial review of a decision of an administrative tribunal, especially when, as in this case, its decisions are protected by a strong privative clause, an applicant has a very heavy burden to discharge who alleges that the decision should be set aside because it was based on a material finding of fact that cannot be supported on any rational view of the evidence. We are all of the opinion that counsel for the Appellant did not succeed in discharging that burden.
[3] For these reasons the appeals will be dismissed with a single award of costs in the lump sum of $4,000.00, inclusive of disbursements, payable by the appellant with respect to the appeals in both this file and A-412-00.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-640-00
STYLE OF CAUSE: Lac La Ronge Indian Band v. Chach Red Sky
Lac La Ronge Indian Band v. Wilfred Cardinal
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: February 05, 2003
REASONS FOR JUDGMENT BY: EVANS J.A.
CONCURRED IN BY: ROTHSTEIN J.A., MALONE J.A.
DATED: February 05, 2003
APPEARANCES:
Mr. Peter Abrametz FOR THE APPELLANT
Mr. Bruce Slusar FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Eggum, Abrametz & Eggum FOR THE APPELLANT
Prince Albert, Saskatchewan
Mr. Bruce Slusar FOR THE RESPONDENTS
Saskatoon, Saskatchewan
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