PRACTICE |
Subpoenas |
Samson Indian Nation and Band v. Canada
T-2022-89
2003 FC 1421, Teitelbaum J.
4/12/03
7 pp.
Plaintiffs filed application requesting appearance of Prime Minister Jean Chrétien and Minister of Indian and Northern Affairs as witnesses in present case--Prime Minister, like all other citizens in Canada, can be called to give evidence in trial provided he has relevant and admissible evidence to give-- Plaintiff should be permitted to call Prime Minister as witness in present case because he may have relevant and admissible evidence to give--As to Minister of Indian Affairs and Northern Development, issuance of subpoena would not be helpful in present case--Present Minister not Minister of Indian Affairs and Northern Development when present statement of claim first issued--Thus all, and if not all, certainly most, of relevant facts leading to present litigation known before Mr. Robert Nault became Minister of Indian and Northern Affairs--Application for leave for issuance of subpoena to Prime Minister Chrétien allowed--Application for issuance of subpoena to Minister of Indian Affairs and Northern Development denied.