PRACTICE |
Appeals and New Trials |
Sawridge Band v. Canada
T-66-86A, T-66-86B
Hugessen J.
13/12/00
7 pp.
Motion by Crown seeking directions arising out of order given September 23, 1998--Objections from plaintiffs, Crown to admission of particular facts of evidence at first trial not justified--All evidence at first trial may be used at second--Whether any of evidence, transcripts of evidence can be introduced into new trial--Proposition that where trial set aside for failure of natural justice, everything that happened in that trial to be treated as if it had not happened absurd proposition, not law--Court of Appeal careful to limit criticism of first Trial Judge to specific comments he made with respect to aboriginal rights he viewed as being racist--Order of Court of Appeal not excluding use of transcripts from first trial at second trial--First trial lasted 79 days, representing huge expenditure of time, money, both private and public--Issues at second trial fundamentally same as at first--Deletion of one plaintiff, addition of one intervener not changing anything--Court proposing to order all evidence admitted at first trial may be tendered into evidence at second trial, to make consequential orders designed to avoid needless repetition of evidence, waste of time.