Samson Indian Nation and Band v. Canada
A-893-97 / A-895-97 / A-70-98 / A-71-98
Isaac C.J.
15/5/98
6 pp.
Appeals from orders made in Trial Division, dismissing motion for removal of Teitelbaum J. on grounds of reasonable apprehension of bias ([1998] 3 F.C. 3), and directing commencement of trial of action on April 15, 1998 in Calgary before Teitelbaum J.-Latter dismissed for mootness as trial did not commence on April 15-Appeals dismissed-Appeals devoid of any merit whatsoever and dismissed summarily-Record supporting conclusion Teitelbaum J. validly appointed and that he made no error in concluding that he had been-No clear or concrete evidence of reasonable apprehension of bias on part of Teitelbaum J.-Appellants' contentions on issue amount, at best, to mere speculations based on innuendoes, surmises, suppositions and unfair characterizations of statements and events-Appellants manifestly seeking removal of Teitelbaum J. as trial judge and his replacement by judge of their own preference to preside over two admittedly important trials-This approach to selection of trial judge foreign to Court's practice and should not be encouraged in any way.