Date: 20000118
Docket: T-2292-97
MONTREAL, QUEBEC, THIS 18th DAY OF JANUARY 2000
PRESENT: THE HONOURABLE MR. JUSTICE NADON
BETWEEN: THUNDER ANDERSON
Applicant
AND
JOYCE KING MITCHELL
First Respondent
AND
LEWIS MITCHELL
Second Respondent
AND
THE MOHAWK COUNCIL OF AKWESASNE
Third Respondent
Application for judicial review pursuant to section 18.1 of the Federal Court Act, with respect to a decision of the Akwesasne Membership Board dated May 21, 1997.
ORDER AND REASONS FOR ORDER
[1] This application for judicial review is allowed. The Akwesasne Membership Board decision dated May 21, 1997 is set aside and the matter is hereby returned to the Board for redetermination.
[2] The Board denied the Applicant's application for a residency permit on the sole ground that he had a criminal record. However, on the record before me, there is no evidence whatsoever that the Applicant has a record. Consequently the impugned decision cannot stand.
[3] The Applicant shall be entitled to his costs which I hereby fix at $500.00.
Marc Nadon
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000118
Docket: T-2292-97
BETWEEN:
THUNDER ANDERSON
Applicant
AND
JOYCE KING MITCHELL
First Respondent
LEWIS MITCHELL
Second Respondent
THE MOHAWK COUNCIL OF AKWESASNE
Third Respondent
ORDER AND
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2292-97
STYLE OF CAUSE: THUNDER ANDERSON
Applicant
AND
JOYCE KING MITCHELL
First Respondent
AND
LEWIS MITCHELL
Second Respondent
AND
THE MOHAWK COUNCIL OF AKWESASNE
Third Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: January 18, 2000
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE NADON
DATED: January 18, 2000
APPEARANCES:
Mr. Cecil Joe Posman for the Applicant
Ms. Anjali Choksi for the Respondent
SOLICITORS OF RECORD:
CECIL JOE POSMAN
Montreal, Quebec for the Applicant
HUTCHINS, SOROKA & DIONNE
Montreal, Quebec for the Respondent