Canada (Attorney General) v. Métis National Council of Women
Given the litigation history and the record, the Court declined to intervene with Pelletier J.'s discretionary order and dismissed the appeal, noting that mootness may be raised in the judicial review proceeding.
Source-derived case information.
- Citation
- 2001 FCA 357
- Parties
- Appellant: THE ATTORNEY GENERAL OF CANADA; Respondent: MÉTIS NATIONAL COUNCIL OF WOMEN; Respondent: SHEILA D. GENAILLE; Respondent: JOYCE GUS; Respondent: DOREEN FLEURY
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 November 2001
- Procedural Posture
- Appeal / Federal Court of Appeal Judgment on Interlocutory Discretionary Order (challenge to Pelletier J. Order)
- Outcome
- Appeal dismissed; Court declined to intervene with Pelletier J.'s discretionary order dated March 21, 2001; costs awarded to respondents.
- Legal Topics
- Judicial Review, Mootness, Discretionary/interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE ATTORNEY GENERAL OF CANADA
Appellant
MÉTIS NATIONAL COUNCIL OF WOMEN
Respondent
SHEILA D. GENAILLE
Respondent
JOYCE GUS
Respondent
DOREEN FLEURY
Respondent
Procedural Posture
Appeal / Federal Court of Appeal Judgment on Interlocutory Discretionary Order (challenge to Pelletier J. Order)
Legal Issues
- 1 Whether the Federal Court of Appeal should intervene with Pelletier J.'s discretionary order dated March 21, 2001
- 2 Whether the appellant's contention of mootness could be addressed at this stage or should be raised in the judicial review proceeding itself
Ratio Decidendi
Given the litigation history and the record, the Court declined to intervene with Pelletier J.'s discretionary order and dismissed the appeal, noting that mootness may be raised in the judicial review proceeding.
Court Disposition
Appeal dismissed; Court declined to intervene with Pelletier J.'s discretionary order dated March 21, 2001; costs awarded to respondents.
Orders
- Appeal dismissed with costs.
- No intervention with the discretionary order dated March 21, 2001.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Métis National Council of Women Court (s) Database Federal Court of Appeal Decisions Date 2001-11-21 Neutral citation 2001 FCA 357 File numbers A-209-01 Decision Content Date: 20011121 Docket: A-209-01 Neutral citation: 2001 FCA 357 CORAM: STONE J.A. EVANS J.A. MALONE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant - and - MÉTIS NATIONAL COUNCIL OF WOMEN, SHEILA D. GENAILLE, JOYCE GUS, AND DOREEN FLEURY Respondents Heard at Toronto, Ontario, on November 21, 2001. Judgment delivered from the Bench at Toronto, Ontario, on November 21, 2001. REASONS FOR JUDGMENT OF THE COURT BY: STONE J.A. Date: 20011121 Docket: A-209-01 Neutral citation: 2001 FCA 357 CORAM: STONE J.A. EVANS J.A. MALONE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant - and - MÉTIS NATIONAL COUNCIL OF WOMEN, SHEILA D. GENAILLE, JOYCE GUS, AND DOREEN FLEURY Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on November 21, 2001) STONE J.A. [1] Given the history of this litigation in the Trial Division and having regard to the circumstances disclosed by the record, we would decline to intervene with the discretionary order of Pelletier J. dated March 21, 2001. As Pelletier J. made clear in his reasons, nothing prevents the appellant from raising an issue of mootness in the judicial review proceeding itself. [2] The appeal will be dismissed with costs. "A. J. Stone" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-209-01 STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA Appellant - and - MÉTIS NATIONAL COUNCIL OF WOMEN, SHEILA D. GENAILLE, JOYCE GUS, AND DOREEN FLEURY Respondents DATE OF HEARING: WEDNESDAY, NOVEMBER 21, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: STONE J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY, NOVEMBER 21, 2001. APPEARANCES BY: Mr. Sean Gaudet For the Appellant Ms. Kathleen A. Lahey For the Respondents SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada For the Appellant Page: 2 Kathleen A. Lahey Barrister & Solicitor 86 Beverley Street Kingston, Ontario K7L 3Y6 For the Respondents FEDERAL COURT OF APPEAL Date: 20011121 Docket: A-209-01 BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant - and - MÉTIS NATIONAL COUNCIL OF WOMEN, SHEILA D. GENAILLE, JOYCE GUS, AND DOREEN FLEURY Respondents REASONS FOR JUDGMENT OF THE COURT