CILA 12(6) Case

It was an interesting session, to say the least. The judge was trying very hard to understand a complex issue and made comments about how absurd the situation is. There are piles of documents, factums, affidavits, etc. as well as at least 10 boxes of other material.

The hearing went all day Monday and Tuesday. At the end of Tuesday, all the arguments were completed. At the end of the hearings, he asked the two government lawyers if anyone qualified to benefit from the passage of C-10a. Of course, they had to answer 'no, no one qualified under the current interpretations'. He was quite disbelieving that Parliament would pass a law that no one would benefit from.

He then surprised us by calling for a continuation on Wed. morning to render a decision. Ed and I felt that a quick decision would not be in our favor.

On Wednesday morning, the judge appeared, without any material, and announced he would take more time to render his decision (reserved decision). We have no idea when the decision will come down but it will be emailed to us.

We will be making all of our material (factums, agreed facts, constitutional arguments) available for posting on the website any day now.

The Yellowknife case did not go our way. The judge basically said that yes, he got screwed but too bad. I have attached the decision for you.

Yes, the SWF and RFC can use our material as long as we are credited.

Hopefully, all the material for the hearing will be posted this week. I will nag Ed tomorrow for the files.

Keep your fingers crossed.

Larry Whitmore