Date: 20000914
Docket: T-2655-89
BETWEEN:
ELIZABETH BERNADETTE POITRAS
Plaintiff
- and -
WALTER PATRICK TWINN,
THE COUNCIL OF THE SAWRIDGE BAND,
THE SAWRIDGE BAND and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented by THE MINISTER OF INDIAN AFFAIRS AND
NORTHERN DEVELOPMENT
Defendants
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario,
Thursday, September 14, 2000.)
HUGESSEN J.
[1] In my view, the only issue of fact which is relevant for the purposes of the present motion, is whether or not the plaintiff and/or her parents were members of the Sawridge Band. In my view, it is simply not relevant to dig into history and inquire whether or not the plaintiff's grandfather or other antecedents may have been members of that or some other Band; it is also not relevant to inquire into the status or membership of any of the plaintiff's siblings.
[2] I am told, and it has not been contested that in fact the Crown has produced all the materials it has in its possession with respect to the membership of the plaintiff and her father Albert Potskin and her mother Jennie Potskin. However, it is, I suppose, conceivable that some of those documents may have been overlooked and it is conceivable that some of the material that the defendant has now produced may stimulate some further inquiry by the Crown and I would simply draw to the Crown's attention that its obligation with respect to documents is a continuing one so that if any further documents should come to light, especially in view of the information that may be provided by the defendant Band during the course of the preparation for this trial, the Crown will of course have to divulge those documents as soon as or within a very short time after they come to light. But I am not persuaded that the Crown has not produced all documents which are properly relevant and accordingly, I am going to dismiss the motion with costs in the cause.
"James K. Hugessen"
Judge
Ottawa, Ontario
September 14, 2000