PRACTICE |
Judgments and Orders |
Stay of Execution |
Sandy Bay Ojibway First Nation v. Canada (Minister of Indian and Northern Affairs)
A-392-03
2003 FCA 328, Décary J.A.
9/5/03
3 pp.
Motion for order staying Justice Rouleau's order of June 13, 2003 pending hearing of appeal and for order enjoining Minister of Indian and Northern Affairs from proceeding, on September 8, 2003, with election for Chief and Council of Sandy Bay Ojibway First Nation pending outcome of appeal --Appellant has obviously moved from attack on Minister's decision to hold election on June 16, 2003, to attack on Minister's decision to hold election on September 8, 2003-- Such attacks, as appellant itself acknowledged by filing motion in Trial Division on August 21, 2002, cannot be made in Appeal Division--Within motion disguised attempt to obtain from this Court expedited hearing of motion which filed in Trial Division and which is yet to be heard--Court noted affidavit filed in this Court is very one filed in Trial Division--Motion for stay dismissed.