Batchewana Band ( Non-resident members ) v. Batchewana Indian Band
T-3038-90
McGillis J.
16/2/95
8 pp.
Motion for order cancelling order of A.C.J. suspending operation of judgment of Strayer J. -- Strayer J. declaring Indian Act, s. 77.1 constitutionally invalid but suspending operation of declaration to allow time for parliamentary consideration of amendments to Indian Act and to permit appeals to be taken -- Defendants filing appeals of judgment of Strayer J.--A.C.J. ordering judgment of Strayer J. suspended under R. 341A until disposition of appeals and cross-appeal -- Muldoon J. dismissing application by plaintiffs seeking order cancelling order of Associate Chief Justice -- On December 8, 1994, incumbent chief defeated in Band election -- Plaintiff Corbière elected chief--Muldoon J. order finding defendant Band failed to file factum by close of business on January 12, 1995, therefore deemed not to be proceeding as expeditiously as possible with appeal -- Evidence tendered on motion establishing unequivocally election of plaintiff Corbière as chief and subsequent actions hampered Band in efforts to comply with order of Muldoon J. -- Band not failing to proceed with appeal in Court of Appeal "as expeditiously as possible" within meaning of R. 341A(4)(a) -- Motion dismissed -- Federal Court Rules, C.R.C., c. 663, R. 341A(4)(a) -- Indian Act, R.S.C., 1985, c. I[ib]-5, s. 77(1) (as am. by R.S.C., 1985 (1st Supp.), c. 32, s. 14).