McLeod Lake Indian Band v. Chingee
T-2327-97
Hargrave P.
5/12/97
13 pp.
Application to have judicial review proceeding go forward as action-Dispute between factions of McLeod Lake Indian Band as to propriety of Band election-Applicants seeking, among other things, declaration as to validity of October 1997 election as chief, councillors-Three Band respondents saying election invalid-Federal Court Act, s. 18.4(2) permissive provision-Procedures for judicial review set out in Act should not be departed from except in clearest of circumstances-Parliament intending judicial review be speedy remedy, s. 18.4(2) should only come into play where facts might not be satisfactorily established, weighed through use of affidavit evidence-Established test not whether viva voce evidence at trial might be superior, but whether affidavit evidence, on judicial review, would be inadequate-Application allowed-Doubtful whether usual approach, evidence by affidavit and cross-examination, could give judge adequate knowledge of practice, customs of McLeod Lake Indian Band as to choosing of chief, councillors-Number of issues which might only be adequately tested by trial procedure-Proper review of issues surrounding election cannot be accomplished merely on affidavit evidence supplemented by cross-examination on affidavits-Delay not substantial factor-Affidavit evidence inadequate-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4(2) (as enacted by S.C. 1990, c. 8, s. 5).