Lac la Ronge Indian Band v. Red Sky

Lac la Ronge Indian Band v. Red Sky Court (s) Database Federal Court of Appeal Decisions Date 2003-02-05 Neutral citation 2003 FCA 64 File numbers A-640-00 Decision Content Date: 20030205 Docket: A-640-00 Neutral citation: 2003 FCA 64 CORAM: ROTHSTEIN, J.A. EVANS, J.A. MALONE, J.A. BETWEEN: LAC LA RONGE INDIAN BAND, Appellant - and - CHACH RED SKY, Respondent - and - LAC LA RONGE INDIAN BAND, Appellant - and - WILFRED CARDINAL, Respondent Heard at Edmonton, Alberta, on Wednesday, February 5, 2003. Judgment delivered from the Bench at Edmonton, Alberta, on February 5, 2003. REASONS FOR JUDGMENT OF THE COURT BY: EVANS, J.A. CONCURRED IN BY: ROTHSTEIN, J.A. MALONE, J.A. Date: 20030205 Docket: A-640-00 Neutral citation: 2003 FCA 64 CORAM: ROTHSTEIN, J.A. EVANS, J.A. MALONE, J.A. BETWEEN: LAC LA RONGE INDIAN BAND, Appellant - and - CHACH RED SKY, Respondent - and - LAC LA RONGE INDIAN BAND, Appellant - and - WILFRED CARDINAL, Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Edmonton, Alberta, on February 5, 2003.) Evans, J.A. [1] This is an appeal by the Lac La Ronge Band from a decision of Pelletier J. (as he then was), dated May 12, 2000, in which he dismissed the Band's application for judicial review to set aside a decision of an Adjudicator, dated November 12, 1998. The Adjudicator had upheld the respondents' complaints under the Canada Labour Code, R.S.C. 1985, c. L-2, section 240, that they had been unjustly dismissed from their employment by the appellant. We were advised at the hearing that the appeal of Chach Red Sky had been settled. Counsel for the appellant did not satisfy us that the decision under appeal respecting Wilfred Cardinal contained any error warranting the intervention of this Court. [2] Counsel for the appellant's principal ground of appeal was that the Adjudicator had committed serious errors in her findings of fact, particularly with respect to the motives of the Band in dismissing the respondents. On an application for judicial review of a decision of an administrative tribunal, especially when, as in this case, its decisions are protected by a strong privative clause, an applicant has a very heavy burden to discharge who alleges that the decision should be set aside because it was based on a material finding of fact that cannot be supported on any rational view of the evidence. We are all of the opinion that counsel for the Appellant did not succeed in discharging that burden. [3] For these reasons the appeals will be dismissed with a single award of costs in the lump sum of $4,000.00, inclusive of disbursements, payable by the appellant with respect to the appeals in both this file and A-412-00. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-640-00 STYLE OF CAUSE: Lac La Ronge Indian Band v. Chach Red Sky Lac La Ronge Indian Band v. Wilfred Cardinal PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: February 05, 2003 REASONS FOR JUDGMENT BY: EVANS J.A. CONCURRED IN BY: ROTHSTEIN J.A., MALONE J.A. DATED: February 05, 2003 APPEARANCES: Mr. Peter Abrametz FOR THE APPELLANT Mr. Bruce Slusar FOR THE RESPONDENTS SOLICITORS OF RECORD: Eggum, Abrametz & Eggum FOR THE APPELLANT Prince Albert, Saskatchewan Mr. Bruce Slusar FOR THE RESPONDENTS Saskatoon, Saskatchewan