Sawbridge Band v. Canada
T-66-86
Hugessen J.
23/9/98
5 pp.
Motion by plaintiffs to amend statement of claim in action attacking constitutional validity of amendments to Indian Act known as Bill C-31-Amendments said to be made necessary by series of recent SCC decisions considerably changing law with respect to Aboriginal rights-Interveners, groups representing women enfranchised by Bill C-31 but to whom status refused by plaintiffs' bands, ask for interim mandatory order requiring plaintiffs to comply with terms of presumptively valid legislation-Refused as interveners not parties and as duty in allowing amendment to protect rights of parties-Trial, lasting 79 days, has already been held-On appeal, trial judgment set aside on grounds of perceived apprehension of bias on part of Trial Judge-Court's obligation to protect rights of parties including obligation to ensure that as much as possible of first trial is preserved and used at second trial-Also including obligation to bring second trial on as quickly as possible and in most cost-efficient manner-One way in which both time and money can be saved will be use of transcript of oral evidence at first trial-Notwithstanding amendments to pleadings, parties should now be in position to come to substantial measure of agreement as to what can be used and properly laid before Trial Judge as evidence for use at second trial-Motion to amend granted as follows: (1) Counsel for plaintiffs shall submit in writing to counsel for defendant and intervener detailed list of all parts of transcript of evidence at first trial, including interventions by Trial Judge, to which objection taken to their use as evidence at new trial together with reasons therefor; response thereto within 30 days; (2) Plaintiffs to pay costs of motion to defendant in amount of $1,500 and in any event of cause.