Toronto, Ontario, September 12, 2006
PRESENT: THE HONOURABLE MR. JUSTICE ROGER T. HUGHES
BETWEEN:
(SAULTEAUX TRIBE)
(In the Private)
and
CARRYING ON BUSINESS AS
DEPUTY MINISTER OF
INDIAN AND NORTHERN AFFAIRS CANADA
(In the Private)
REASONS FOR ORDER AND ORDER
[1] To the extent that it is capable of being understood, this is an Application made pursuant to section 18.1 of the Federal Courts Act, R.S.C. 1985, c. F-7, for an Order requiring the Deputy Minister of Indian and Northern Affairs, to answer a series of questions, directed in part to Her Majesty relating to jurisdictional issues over Indian persons and lands.
[2] Section 18.1 provides that this Court may provide relief in respect of a decision or order of a Federal board or tribunal where the applicant is a person affected. There is no decision or order in this case that could be the subject of proceedings under section 18.1. That section does not permit the questioning of a Minister or Deputy Minister in the absence of an underlying decision or order.
[3] This application is so bereft of any substance that it must be dismissed (see David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 FC 588).
ORDER
THIS COURT ORDERS that:
1. The motion to dismiss the application is allowed;
2. The application is dismissed;
3. No order as to costs.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-736-06
STYLE OF CAUSE: PATRICK ELLIS (SAULTEAUX TRIBE); and
MICHAEL HORGAN CARRYING ON BUSINESS AS
DEPUTY MINISTER OF INDIAN AND NORTHERN
AFFAIRS CANADA
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
WRITTEN REPRESENTATIONS BY:
Patrick Ellis
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Anusha Aruliah
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SOLICITORS OF RECORD:
Patrick Ellis P.O. Box 608 Arborg, Manitoba R0C 0A0
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FOR THE APPLICANT (self-represented)
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John H. Sims, Q.C. Deputy Attorney General of Canada
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