Randall v. Caldwell First Nation of Point Pelee

The Implied Undertaking applied to the discovery materials in this Federal Court litigation; Chief Johnson breached that undertaking by broadly publicizing and communicating discovery-derived allegations about non-parties to rally support, and was therefore in contempt beyond a reasonable doubt because the Implied Undertaking is a longstanding common law rule presumed known; communications limited to contacting directly affected non-parties to obtain information necessary to defend their membership were permissible; accordingly contempt was found but only declaratory and monetary relief (costs) and an order to publish an explanatory statement and to obey the Implied Undertaking were...

Citation: 2002 FCT 31
Parties: Plaintiffs: Phyllis Randall et al; Louise Hillier et al; Defendants: Caldwell First Nation of Point Pelee and Pelee Island Council et al; Defendant: Larry Johnson (Chief)
Court: Federal Court
Jurisdiction: Canada
Judgment Date: 14 January 2002
Procedural Posture: Consolidated Civil Actions With Attendant Contempt Proceeding Arising From Discovery/disclosure Disputes / Reasons for Order Following Contempt Hearing (post Trial Interlocutory Proceeding)
Outcome: Chief Johnson found in contempt of the Implied Undertaking (breach of confidentiality of discovery materials) in part; certain communications were held not to breach because they were necessary to defend non-parties' membership
Legal Topics: Implied Undertaking, Use of Discovery Materials, Discovery and Examinations for Discovery, Contempt Proceedings, Remedies and Costs
Source Language: English

Civil Procedure Evidence Indigenous Law Administrative Law Contempt of Court Implied Undertaking Use of Discovery Materials Discovery and Examinations for Discovery +2 more

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Parties

Phyllis Randall et al; Louise Hillier et al

Plaintiffs

Caldwell First Nation of Point Pelee and Pelee Island Council et al

Defendants

Larry Johnson (Chief)

Defendant

Procedural Posture

Consolidated Civil Actions With Attendant Contempt Proceeding Arising From Discovery/disclosure Disputes / Reasons for Order Following Contempt Hearing (post Trial Interlocutory Proceeding)

Legal Issues

1 Whether the Implied Undertaking (confidentiality of discovery material) applied to information obtained in examinations for discovery and production of documents
2 Whether Chief Johnson breached the Implied Undertaking by notifying and publicizing the names of non-parties whose membership was challenged
3 Whether contempt could be established absent actual personal knowledge of a court order and the required mens rea

Ratio Decidendi

Court Disposition

Chief Johnson found in contempt of the Implied Undertaking (breach of confidentiality of discovery materials) in part; certain communications were held not to breach because they were necessary to defend non-parties' membership

Orders

Chief Johnson ordered to publish a statement explaining the contempt proceedings and their outcome and to obey the Implied Undertaking until further order of the Court
Chief Johnson ordered to pay specified costs to the Plaintiffs within 120 days