PRACTICE |
Judgments and Orders |
Noade v. Blood Tribe Chief
T-2243-95
Hargrave P.
8/5/00
6 pp.
Motion for production of documents, including legal opinion given to Blood Tribe in contemplation of litigation--Action seeking review of Blood Tribe Membership Tribunal hearing upholding decision of Chief, Council, denying plaintiff membership in Tribe--Portions of this motion similar to unsuccessful August 1997 motion--Through oversight no signed order to reflect oral decision--On April 28, 2000, judge issuing direction indicating inappropriate at this late date to issue order--Direction referring to Federal Court Rules, 1998, r. 392(2) providing order given orally from bench in circumstances rendering it impractical to endorse written copy of order, effective at time made--Not applicable herein because through oversight, not impracticability, that order not reduced to writing--Liberty Ornamental Iron Ltd. v. B. Fertleman & Sons Ltd., [1977] 1 F.C. 584 (C.A.), referring to similar rule, holding no judgment until judgment signed by presiding judge and not taking effect until signed--Baxter Travenol Laboratories of Canada Ltd. et al. v. Cutter (Canada) Ltd., [1983] 2 S.C.R. 388 holding judgment in Federal Court taking effect on date document in form 14 executed--Thus no order arising out of hearing of 1997 motion--Appropriate to rehear motion--As April 1996 Blood Tribe Council meeting minutes not before membership tribunal, production denied as irrelevant--As nothing indicating plaintiff on Blood Tribe membership list as member, production of Band membership lists from 1986 to 1999 denied as not relevant--As legal opinion given to Blood Tribe Chief, Council privileged, production denied--As Bill C-31 additions to Blood Tribe membership list, "A" list report of Blood Tribe membership 435, family grouping list for Blood Tribe 435 confidential, need not be produced--As treaty money payment not contingent on Band membership, treaty pay list for 1986 to 1999 not relevant, need not be produced--Motion denied--Federal Court Rules, 1998, SOR/98-106, r. 392(2).