Date: 20000524
Docket: T-2391-88
BETWEEN:
LOUISE MARTEL, MARY GROSS, DORA THOMSON, MONICA GLADEAU,
MILDRED BARIL, CORA ARNOLD, EMILY STOYKA, FLORA ANDERSON,
PATRICIA JONES, HAZEL FREEMAN, JOYCE P. COOK, SARAH SCHUG,
ELIZABETH PERROTT, NORA ORR, MARY MIERAU,
MARLENE COURTOREILLE and JANICE WANDA LIGHTNING
Plaintiffs
- a nd -
CHIEF JIM OMEASOO, THE COUNCIL OF THE SAMSON BAND
and THE SAMSON BAND OF INDIANS
Defendants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT
Defendants
AND
Docket: T-1244-92
BETWEEN:
PERCY RICHARD WARD and BERT WARD
Plaintiffs
- and -
SAMSON CREE NATION NO. 444 and
CHIEF AND COUNCIL OF SAMSON CREE NATION NO. 444
Defendants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by
THE MINISTER OF INDIAN AND INUIT AFFAIRS
Defendants
AND
Docket: T-2204-93
BETWEEN:
SHIRLEY MARIE YELLOWBIRD
Plaintiff
- and -
CHIEF AND COUNCIL SAMSON CREE NATION No. 444
and SAMSON CREE NATION NO. 444
Defendants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA and
THE MINISTER OF INDIAN AND NORTHERN AFFAIRS
Defendants
REASONS FOR ORDER
HUGESSEN J.
[1] In all three of these files, the defendant Band has made a motion requesting (1) that the files be jointly case managed by me and (2) that they be tried together. The first of those conclusions could only be dealt with by the Associate Chief Justice to whom I accordingly referred the motions and he has now given an order as a result of which I am the case management judge in all three actions.
[2] The plaintiffs in two of the files (Ward and Yellowbird) and the defendant Crown in all three actions have objected to an order being made at this time for a joint trial as being premature. I agree. If and when one of the cases is at a stage where a pre-trial conference is requested, I shall reassess the question as to whether and to what extent it may be appropriate to join trial of some issues. Until that time, I shall continue to manage all three cases separately, but having in mind, of course, that there is a degree of interrelationship between them.
[3] That part of the motion seeking an order for a joint trial will accordingly be dismissed as premature.
"James K. Hugessen"
Judge
Ottawa, Ontario
May 24, 2000