31420-12-1 SAWRIDGE, Indian vs. ROLAND, Twinn et al

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1THE COURT:
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Okay then.
3MR. MOLSTAD: But they did move quickly under the legislation
4 toestablish their own membership rules and have those membership rules approved by the
5 Minister of Aboriginal Affairs, and they have since of July of 1985 controlled their own
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membership in accordance with those rules.
8 Now, one point that we wish to make as well is that -- and I believe Mr. Poretti on behalf
9 ofthe Sawridge Trustees mentioned that, we note the terms of your order and we submit
10 that you should have regard to that. It should not be determinative, but you should have
11 regard to that in terms of that it shall not be used to determine or help determine whether
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a person shall be admitted as a member of the Sawridge First Nation.
14 One of the points that we wish to make as well is that, in our submission, there’s no
15 relevant admissible evidence before you today, nor there should be in a main motion, in
16 relation to the membership process. There is innuendo and inferences that are made on
17 behalf of the Public Trustee, but there is no evidence. And, in fact, in paragraph 25 of
18 the Public Trustee’s brief, the Public Trustee makes reference to the observations of the
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Court of Appeal, that’s the Federal Court of Appeal, in relation to, quote:
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Onerous application requirements.
23 Unquote. Ithink that’s an error because the only paragraph in their decision, that is the
24 Federal Court of Appeal, that makes reference to that is just a restating of what Justice
25 Hugessen said at the level below in paragraph 3 of the Court -- 33, sorry, of the Court of
26 Appeal decision where they refer to his comment. And in Justice Hugessen’s decision,
27 which is at Tab 16 of the Public Trustee’s brief, he does make a comment in paragraph
28 12 in relation to the onerous application requirements; and what he’s talking about there is
29 evidence that was in front of him in relation to the nature of the written application that
30 the Sawridge First Nation requested of those who wished to apply to become a member of
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their First Nation.
33 Our submission in relation to -- reference to those comments is that, first of all, they’re
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obiter; and secondly, they were made by the Court. We --
36 THE COURT:
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You are talking about Hugessen --
38 MR. MOLSTAD:
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That’s right.
40 THE COURT:
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-- at this stage?