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

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1MR. MOLSTAD: Yeah. They were obiter, and they were made
2 bythe Court without the benefit of evidence in relation to the history, the culture, and the
3 natural laws of the Sawridge First Nation. Our submission is that they are both irrelevant
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and, again in addition to that, that no weight should be attributed to them.
6 In paragraph 30 of the Public Trustee’s brief, the Public Trustee, with the greatest of
7 respect, demonstrates that it is equally uninformed about the history, the culture, and the
8 natural laws of the Sawridge First Nation. They take it upon themselves to express an
9 opinion in paragraph 40 of their brief about the Sawridge First Nation membership
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application. We submit that it is, as well, irrelevant, and it should be given no weight.
12 To help in terms of considering a question like this and to put it into perspective even if it
13 were relevant, we would submit that in Euro-Canadian society, if someone was applying
14 to become a member of your family, we would submit that you might have a few
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questions that you would want to put to that person.
17 My friend has referred you the Huzar decision, and I believe that Mr. Poretti has dealt
18 with this adequately. Iwould encourage you to read paragraphs 3 and 5 of that decision.
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It’s also found at Tab 4 of the Sawridge First Nation brief.
21 THE COURT:
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Sorry, what were those paragraphs again?
23 MR. MOLSTAD:
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Paragraphs 3and 5.
25 THE COURT:
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Okay.
27 MR. MOLSTAD: And I’m not sure what evidence is in front of
28 you, and it’s not my job to put evidence in front of you, but it’s unfortunate that
29 Ms. Kennedy is not here because she would be able to tell you that her client has made
30 an application for membership and that application’s been denied; and an appeal hearing
31 has been set because in accordance with the membership rules, there is not only a process
32 for application, there’s also a process for an appeal in relation to a decision of the Chief
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and Council in regard to that.
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We also submit, Sir, that --
37 THE COURT: Okay. Just for my interest, where is the appeal
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to?
40 MR. MOLSTAD:
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It’s going to be taking place on the 21st.