Canada (Attorney General) v. Misquadis

Canada (Attorney General) v. Misquadis

The court concluded that parts of the intervener's memorandum exceeded the scope of its leave and relied on inadmissible material, and accordingly struck specific portions (last sentence of para.5; last sentence and quotation at end of para.70; paras.112-120; portion of para.121 after "CAP asks that this appeal be dismissed"); the remainder of the memorandum was permitted to stand and the motion to strike was otherwise dismissed; parties to bear their own costs.

Citation
2003 FCA 370
Parties
Appellant/respondent: The Attorney General of Canada; Respondents/applicants: Roger Misquadis, Peter Ogden, Mona Perry, Dorothy Phipps-Walker and Chief Bob Crawford on his own behalf and on behalf of the Ardoch Algonquin First Nation and Darwin Lewis and The Aboriginal Council of Winnipeg Inc.; Intervener: Congress of Aboriginal Peoples
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
6 October 2003
Procedural Posture
Appeal From Federal Court Judicial Review Decision / Motion in Federal Court of Appeal to Strike Intervener Memorandum
Outcome
Motion partly granted; specified portions of intervener memorandum struck and remainder allowed
Legal Topics
Charter S.15 Equality Rights, Section 1 Justification, Intervention Limits, Remedies, Judicial Review, Admissibility of Evidence and Judicial Notice
Source Language
English
Constitutional Law Administrative Law Aboriginal Law Civil Procedure Evidence Law Charter S.15 Equality Rights Section 1 Justification Intervention Limits +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Attorney General of Canada

Appellant/respondent

Roger Misquadis, Peter Ogden, Mona Perry, Dorothy Phipps-Walker and Chief Bob Crawford on his own behalf and on behalf of the Ardoch Algonquin First Nation and Darwin Lewis and The Aboriginal Council of Winnipeg Inc.

Respondents/applicants

Congress of Aboriginal Peoples

Intervener

Procedural Posture

Appeal From Federal Court Judicial Review Decision / Motion in Federal Court of Appeal to Strike Intervener Memorandum

Legal Issues

  1. 1 Whether the Federal Court judge made perverse or capricious findings of fact
  2. 2 Whether the judge erred in applying subsection 15(1) of the Charter
  3. 3 Whether the judge erred in applying section 1 of the Charter

Ratio Decidendi

The court concluded that parts of the intervener's memorandum exceeded the scope of its leave and relied on inadmissible material, and accordingly struck specific portions (last sentence of para.5; last sentence and quotation at end of para.70; paras.112-120; portion of para.121 after "CAP asks that this appeal be dismissed"); the remainder of the memorandum was permitted to stand and the motion to strike was otherwise dismissed; parties to bear their own costs.

Court Disposition

Motion partly granted; specified portions of intervener memorandum struck and remainder allowed

Orders

  • Strike the last sentence of paragraph 5 of the intervener memorandum
  • Strike the last sentence of paragraph 70 of the intervener memorandum