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Cour d'appel fédérale |
A-165-11
A-146-11
BETWEEN:
and
NELSON KEEPER, and HER MAJESTY
THE QUEEN IN RIGHT OF CANADA,
as represented by THE MINISTER OF INDIAN
AFFAIRS AND NORTHERN DEVELOPMENT
and
A-165-11
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by THE MINISTER OF INDIAN AFFAIRS
AND NORTHERN DEVELOPMENT
Appellant
and
NELSON KEEPER, CHIEF MARTIN OWENS,
COUNCILLOR DEON LAM and DEPUTY
ELECTORAL OFFICER IAN KEEPER
Respondents
Heard at Winnipeg, Manitoba, on March 15, 2012.
Judgment delivered from the Bench at Winnipeg, Manitoba, on March 15, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
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Cour d'appel fédérale |
Date: 20120315
Dockets: A-146-11
A-165-11
Citation: 2012 FCA 90
CORAM: PELLETIER J.A.
DAWSON J.A.
STRATAS J.A.
A-146-11
BETWEEN:
CHIEF MARTIN OWENS
Appellant
and
NELSON KEEPER, and HER MAJESTY
THE QUEEN IN RIGHT OF CANADA,
as represented by THE MINISTER OF INDIAN
AFFAIRS AND NORTHERN DEVELOPMENT
Respondents
and
A-165-11
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by THE MINISTER OF INDIAN AFFAIRS
AND NORTHERN DEVELOPMENT
Appellant
and
NELSON KEEPER, CHIEF MARTIN OWENS,
COUNCILLOR DEON LAM and DEPUTY
ELECTORAL OFFICER IAN KEEPER
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Winnipeg, Manitoba, on March 15, 2012)
[1] In the circumstances of these cases, we have decided not to exercise our discretion to hear these appeals relating to the conduct of Indian Band elections, notwithstanding their mootness.
[2] The Crown asks this Court to hear these matters on the basis that, given the 2 year term of office, the questions are elusive of review. We cannot agree. Where the parties pursue their remedies diligently, and where the Court’s assistance is requested in expediting applications and appeals, there is no reason why these matters cannot be heard in a timely fashion.
[3] As the factors identified in Borowski v. Canada [1989] 1 S.C.R. 342, we are not satisfied that hearing these appeals is an appropriate use of judicial resources. In particular, we are of the view that failure of the parties to address the role of section 78 of the Indian Act in the interpretation of the regulations in issue in this appeal would impede our ability to reach a conclusion with confidence.
[4] In the result, we will dismiss these appeals with each party to bear its own costs. In doing so, we do not wish to be taken to be expressing an opinion as to the soundness of the decision under appeal, cited at 2011 FC 307.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-146-11
APPEAL FROM THE ORDER OF THE FEDERAL COURT DATED MARCH 14, 2011, DOCKET NO. T-1252-10
STYLE OF CAUSE: A-146-11
CHIEF MARTIN OWENS v. NELSON KEEPER ET AL.
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: March 15, 2012
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
DELIVERED FROM THE BENCH BY: PELLETIER, J.A.
APPEARANCES:
SOLICITORS OF RECORD:
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Olschewski Feuer Davie Barristers & Solicitors Winnipeg, Manitoba |
FOR THE APPELLANT CHIEF MARTIN OWENS
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Aikins, MacAulay & Thorvaldson LLP Barristers & Solicitors Winnipeg, Manitoba
Myles J. Kirvan Deputy Attorney General of Canada
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FOR THE RESPONDENT NELSON KEEPER
FOR THE RESPONDENT HER MAJESTY THE QUEEN IN RIGHT OF CANADA ET AL.
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FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-165-11
APPEAL FROM THE ORDER OF THE FEDERAL COURT DATED MARCH 14, 2011, DOCKET NO. T-1252-10
STYLE OF CAUSE: A-165-11
HER MAJESTY THE QUEEN IN RIGHT OF CANADA ET AL. v. NELSON KEEPER ET AL.
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: March 15, 2012
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
DELIVERED FROM THE BENCH BY: PELLETIER, J.A.
APPEARANCES:
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Yvette Creft and Lisa Cholosky
Martin S. Minuk and Melissa N. Burkett
Martin U. Kramer |
FOR THE APPELLANT HER MAJESTY THE QUEEN IN RIGHT OF CANADA ET AL.
FOR THE RESPONDENT NELSON KEEPER
FOR THE RESPONDENT CHIEF MARTIN OWENS
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SOLICITORS OF RECORD:
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Myles J. Kirvan Deputy Attorney General of Canada
Aikins, MacAulay & Thorvaldson LLP Barristers & Solicitors Winnipeg, Manitoba
Olschewski Feuer Davie Barristers & Solicitors Winnipeg, Manitoba |
FOR THE APPELLANT HER MAJESTY THE QUEEN IN RIGHT OF CANADA ET AL.
FOR THE RESPONDENT NELSON KEEPER
FOR THE RESPONDENT CHIEF MARTIN OWENS
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