Date: 19980512
Docket: T-2424-96
Between :
JOHN CORBIERE,
Applicant,
- and -
ROLAND HEWSON, CAROL NADJIWON,
ALBERT SEWELL, DONALD SYRETTE,
NOEL SYRETTE, ANN TEGOSH and KEVIN TEGOSH,
Respondents.
REASONS FOR ORDER
MULDOON, J. :
[1] On November 4, 1996, the applicant caused an originating notice of motion to be filed herein. By it, he sought, and seeks, the following relief:
| a) an order quashing, setting aside or declaring invalid the declaration of the Deputy Minister of Indian and Northern Affairs, Scott Serson, dated October 16, 1996, that John Marvin Corbiere [apparently the above-named applicant] had been absent from meetings of the council for three consecutive meetings without authorization; and |
| b) further and other relief etc. etc. |
[2] The aforesaid declaration was made pursuant to subparagraph 78(2)(b)(ii) of the Indian Act, R.S.C. 1985, Chap. I-5, as amended. The declaration states that the chief, John Marvin Corbiere [seemingly the applicant herein] of the Batchewana Band of Indians "has been absent from meetings of the council for three consecutive meetings without being authorized to do so." The substantive judicial disposition of the originating motion is not what directly faces the Court today.
[3] The aforesaid originating motion came on before the Court composed of the Associate Chief Justice, on November 4, 1996, in the presence of the parties respective counsel, Messrs. Gary Corbiere and Bill Henderson, and in the presence of John Meany, Esq. counsel for the Minister of Indian Affairs. The consequent order of the Associate Chief Justice, dated November 5, 1996, runs:
| As indicated in oral reasons this motion cannot proceed in the present form. It is therefore withdrawn. Without prejudices to a similar application upon proper notice. (Document 15) |
[4] The withdrawn application appears never to have been substituted or restored by a proper originating application. Despite the "second chances" accorded, the applicant and his solicitor have been so disorganized and apparently dilatory in this matter, that this judge simply declines to rescue the applicant and his solicitor once again. After all, the respondents, too, have rights and a legitimate expectation, long since sorely tried, that the applicant and his solicitor would proceed expeditiously, and not drag on for years.
[5] There is in this file the affidavit (document 42) of Larry Bellerose, administrator of the band in question here. He swears:
| An election was held for Chief and Council of the First Nation [Batchewana Band] on December 11, 1996. The applicant in these proceedings, Mr. John Corbiere, was a candidate for the office of Chief in that election. He was not elected. |
[6] It is apparent that the impugned decision did not terminate the applicant's continuity in office. The electorate did that. This proceeding should accordingly be put out of its foot-dragging misery. It ought to be and will be stayed with costs fixed at $900.00 altogether payable forthwith to the respondents; and the proceeding shall not be restored a) without good lawful reason, b) only after non-refundable payment forthwith of said costs, in any event.
JUDGE
OTTAWA, ONTARIO
May 12, 1998