| Date: 19971114 |
| Docket: A-755-96 |
CORAM: DENAULT, J.A.
DÉCARY, J.A.
ROBERTSON, J.A.
BETWEEN:
RAYMOND CARDINAL
Appellant
- and -
LOUIS BULL INDIAN TRIBE NO. 439,
LOUIS BULL POLICE COMMISSION,
LOUIS BUL
Respondent
Heard at Edmonton, Alberta, Friday, November 14, 1997.
Reasons for Judgment delivered from the Bench at Edmonton, Alberta, Friday, November 14, 1997.
REASONS FOR JUDGMENT BY: DÉCARY, J.A.
| Date: 19971114 |
Docket: A-755-96
CORAM: DENAULT, J.A.
DÉCARY, J.A.
ROBERTSON, J.A.
BETWEEN:
RAYMOND CARDINAL
Appellant
- and -
LOUIS BULL INDIAN TRIBE NO. 439,
LOUIS BULL POLICE COMMISSION,
LOUIS BULL POLICE SERVICE,
Respondents
REASONS FOR JUDGMENT
DÉCARY, J.A.:
[1] This is an appeal of a decision of a Motions Judge denying the appellant's motion for an extension of time to bring an application for judicial review.
[2] The Motions Judge found that the entire delay had not been satisfactorily accounted for and that there was no arguable case.
[3] We tend to agree with counsel for the appellant that the Motions Judge was wrong in finding that there was no arguable case. We have not been persuaded, however, that the Motions Judge did not exercise his discretion judicially in finding that the entire delay had not been accounted for. The appellant had persisted in pursuing the matter in the courts of Alberta despite being warned right from the start by counsel for the respondent that the proper forum to deal with decisions of an Indian Band was the Federal Court of Canada. We might have decided the case otherwise but it was open to the Motions Judge in the circumstances to conclude that the appellant had to take the blame for the delay that had occurred while the issue was being argued in the wrong forum.
[4] The appeal must be dismissed.
"Robert Décary"
J.A.
FEDERAL COURT OF APPEAL
Docket: A-755-96
BETWEEN:
RAYMOND CARDINAL
Appellant
- and -
LOUIS BULL INDIAN TRIBE NO. 439,
LOUIS BULL POLICE COMMISSION,
LOUIS BULL POLICE SERVICE,
Respondents
REASONS FOR JUDGMENT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-755-96
STYLE OF CAUSE: Raymond Cardinal
v. Louis Bull Indian
Tribe No. 439 et al.
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: November 14, 1997
REASONS FOR JUDGMENT BY: Décary, J.A.
APPEARANCES:
Charles B. Davison for the Appellant
Douglas W. Matson for the Respondents
SOLICITORS OF RECORD:
Charles B. Davison for the Appellant
Edmonton, Alberta
Coulter, Kerby for the Respondents
Edmonton, Alberta