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

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F51 1THE COURT: -- be a party? 2 3MR. MOLSTAD: -- you know what, I was asking that same 4 question of Mr. Poretti in terms of main application, and our in-house counsel is not in 5 the city right now in terms of instructions in that regard -- 6 7THE COURT: Mm-hm. 8 9MR. MOLSTAD: -- so I can’t answer if they wish to be added as 10 a party. I can get those instructions though. 11 12 THE COURT: Maybe you could get those and just let me 13 know? Imean, I suppose it is always in my power just to make you a -- 14 15 MR. MOLSTAD: Yeah. 16 17 THE COURT: -- party, but -- 18 19 MR. MOLSTAD: Yeah. 20 21 THE COURT: -- there is no problem with you being made a 22 party. 23 24 MR. MOLSTAD: Yeah. Ijust don’t know. Idon’t have any -- 25 26 THE COURT: Okay. 27 28 MR. MOLSTAD: -- instructions. 29 30 THE COURT: Okay. So if you would not mind getting those 31 instructions, you can just write a letter to me. 32 33 MR. MOLSTAD: Certainly, yeah. 34 35 THE COURT: Okay. 36 37 MR. MOLSTAD: Thank you. 38 39 THE COURT: Thank you. 40 41 Further Submissions by Ms. Hutchison
F52 1 2MS. HUTCHISON: Thank you, My Lord. Iwill also endeavour to 3 4 beasbrief as possible given the time of day. 5 One observation having listened to the excellent submissions of my friends, I think it is 6 clear that the topic of membership is a fraught topic. Iwould also submit to the Court 7 that to try to suggest that when the Sawridge trustees are before this Court asking for a 8 change, a variance to the beneficiary definition, it will tie all rights as beneficiaries to that 9 fraught issue of membership. It does the Court a bit of a disservice not to give you full 10 access to the information you may need to assess the practical impacts of that change in 11 12 definition, and that’s just an initial observation, My Lord. 13 Just to try and reply to a few of the points that my friends have raised, I won’t reply to 14 all of them, but there are a few that I’d like to deal with directly. If I understood 15 Ms. Bonora’s submissions, the suggestion is that the Public Trustee’s submission to this 16 Court is that we need to be here and that we need to make these arguments; and I’d like 17 to ensure the Court is not left with any misunderstanding about what my client’s actual 18 position is. And Ishould just note the submission was also that no one asked the Public 19 20 Trustee to be involved. 21 The Public Trustee was served with notice of this order on this Court’s direction, My 22 Lord. At that point, the Public Trustee felt it had some obligation of due diligence to at 23 least evaluate what the issues in the action were; so I would submit it’s -- to the extent 24 there’s any characterization that this -- the Public Trustee has gone off on a bit of a lark 25 and decided to become involved in this action, that’s not a correct characterization of the 26 27 Public Trustee’s position. 28 Furthermore, it’s not correct to try and suggest that the Public Trustee is saying, We are 29 the end all and be all and we are the only entity that could possibly assist the Court on 30 these issues and that could possibly address the interest of the minors. But unfortunately, 31 and Ican tell you my client wishes it were otherwise in some respects, we’re the only 32 entity here that is willing to deal with these issues; and I will speak to my friend’s 33 submissions that it’s adequate to have the Sawridge trustees deal with that and deal with 34 those issues. But good, bad, or indifferent, the Public Trustee is the only party that has 35 come before you to say, We’re willing to act, admittedly on conditions, but we are willing 36 37 to act and give this Court and the minors the benefit of active representation, not silence. 38 I move on the my friend’s submission, as I understood it essentially, and I say this with 39 the greatest of respect that I summarize the approach as essentially, the Court can trust us, 40 the Sawridge trustees or perhaps even the Sawridge First Nation. We have duties to the 41 minors, and we will raise all of these issues; however, what I heard in those submissions,
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P01 Clerk’s Stamp: COURT FILE NUM
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P03 10. The minors affected by this
Page 8 and 9: F01 Action No.: 1103 14112 E-File N
Page 10 and 11: F03 1Proceedings taken in the Court
Page 12 and 13: F05 1THE COURT: 2 3 Submissions by
Page 14 and 15: F07 1 2 The only other point I woul
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Page 18 and 19: F11 1 inL.C. as to what exactly the
Page 20 and 21: F13 1 entire history of the members
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Page 24 and 25: F17 1 aside this money, and now we
Page 26 and 27: F19 1 Certainly we would say that t
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Page 30 and 31: F23 1 2 Wehave, in our brief, set o
Page 32 and 33: F25 1 Ifwelook at the Caron case, w
Page 34 and 35: F27 1 that exemption. Ithink that,
Page 36 and 37: F29 1 resources, have no significan
Page 38 and 39: F31 1 2 Where we look at the L.C. c
Page 40 and 41: F33 1 the, what I’ll call, the ol
Page 42 and 43: F35 1 that they have. And I’ll ju
Page 44 and 45: F37 1 she had a concern, the approp
Page 46 and 47: F39 1 Court to seek judicial review
Page 48 and 49: F41 1 Certificate of Record 2 3 I,
Page 50 and 51: F43 1Proceedings taken in the Court
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Page 54 and 55: F47 1MR. MOLSTAD: Yeah. They were o
Page 56 and 57: F49 1 2 ifIcould? 3THE COURT: 4 All
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Page 62 and 63: F55 1THE COURT: 2 Yes. Just -- 3MS.
Page 64 and 65: F57 1 2THE COURT: 3 -- you know. 4M
Page 66 and 67: F59 1 evidence before you in this a
Page 68 and 69: F61 1THE COURT: Just so you are --
Page 70 and 71: F63 1 anyone who isn’t a benefici
Page 72 and 73: F65 1 2MR. PORETTI: -- your attenti
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31420-12-1 SAWRIDGE, Indian vs. ROLAND, Twinn et al

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