PRACTICE |
Parties |
Intervention |
Sawridge Band v. Canada
T-66-86A
Hugessen J.
31/5/00
10 pp.
(1) Plaintiffs seeking to terminate participation of interveners; (2) Native Women's Association of Canada (NWAC) seeking leave to intervene--Action attacking Bill C-31 amendments to Indian Act commenced in 1986--In 1989 McNair J. granting order giving leave to present interveners to intervene--Appeal from trial judgment allowed on basis Trial Judge demonstrating good grounds for reasonable apprehension of bias--Court of Appeal not referring to future role of interveners--First motion asking Court to overrule in some way McNair J.'s order--That order constitutes res judicata--Grants status or standing to interveners, goes far beyond mere matter of procedure--By some combination of rr. 299, 385, case management judge having power in some circumstances to vary McNair J.'s order, but those circumstances not existing herein--No substantive change in factual situation justifying interference with McNair J.'s discretion--Only change, amendment to statement of claim, expanding basis upon which plaintiffs seek relief, but neither changing relief itself nor changing impact relief may reasonably be expected to have upon groups represented by interveners--Improper to comment on conduct by brother judge of trial before him--Court of Appeal apparently not finding fault with general conduct of trial--No grounds for interference with McNair J.'s order--Federal Court Rules, 1998, r. 109 illuminating criteria Court should apply when determining whether intervention appropriate--Particularly emphasizes contribution proposed intervener able to make to resolution of issues of law or fact, extent to which intervention going to help Court in resolution of issues--Case raising serious issues with regard to rights of Aboriginal women--NWAC most appropriate spokesperson for interests of Aboriginal women--In position to bring perspective to bear on trial of actions which will assist Court and be different from perspective already brought by other interveners--NWAC granted leave to intervene--Rights at trial subject to direction, control of trial judge--Costs of first motions against former interveners payable forthwith--Federal Court Rules, 1998, SOR/98-106, rr. 109, 299, 385.