ADMINISTRATIVE LAW |
Judicial Review |
Moses v. Canada
T-685-02
2002 FCT 1088, Hargrave P.
17/10/02
10 pp.
Motion to strike application for judicial review, to convert application to action or to extend application filing times due to scope of application--Applicant seeking to challenge effects of addition of her name to Indian Register under 1985 Indian Act, s. 6(2)--Arguing her possible marriage to non-Indian in future resulting in her children not having Indian status due to combined effect of 1970 Indian Act, s. 12(1)(b) and 1985 Indian Act, s. 6(1)--Court will strike out application only in very exceptional circumstances-- Complete lack of jurisdiction exceptional case--Requirement of decision to review, not absolute, but basic--Decision must have some legal effect or be finally determinative of substantive right--Numerous decisions confirming Federal Court having no jurisdiction to review act of Registrar adding or removing name from Indians Register--Registrar's decision under current Act, s. 14, after protest, investigation and determination, final and reviewable--Application premature--Applicant contending protest phase futile and eventual decision identical, given applicant's intention to adduce no further evidence and whatever investigation made by Registrar--Anticipating Registrar's eventual decision speculative--Registrar having access to database of possible relevant material--Motion granted in part, adjourned in part--Pleadings struck, applicant free to amend application when Registrar's final decision made, other requested relief adjourned, costs to respondent in any event of cause--Indian Act, R.S.C. 1970, c. I-6, s. 12(1)(b)--Indian Act, R.S.C., 1985, c. I-5, ss. 6(1) (as am. by R.S.C., 1985 (1st Supp.), c. 32, s. 4), (2) (as am. idem), 14 (as am. idem).