Shubenacadie Indian Band v. Canada (Human Rights Commission), (2000)
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Shubenacadie Indian Band v. Canada (Human Rights Commission), (2000)
Date: 20000524
Docket: A-850-97CORAM: STONE J.A. ISAAC J.A. SEXTON J.A. BETWEEN:CHIEF AND COUNCIL OF THE SHUBENACADIE INDIAN BANDAppellant-and-CANADIAN HUMAN RIGHTS COMMISSION-and-DARLENE MACNUTT, LOLITA KNOCKWOOD, JOHN B. PICTOU, JR.-and-ATTORNEY GENERAL OF CANADA, REPRESENTING THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENTRespondentsHeard at Halifax, Nova Scotia on December 1, 1999.Judgment delivered at Ottawa, Ontario on Wednesday, May 24, 2000.REASONS FOR JUDGMENT BY: ISAAC J.A.CONCURRED IN BY: STONE J.A.SEXTON J.A.Date: 20000524Docket: A-850-97CORAM: STONE J.A.ISAAC J.A.SEXTON J.A.BETWEEN:CHIEF AND COUNCIL OF THE SHUBENACADIE INDIAN BANDAppellant-and-CANADIAN HUMAN RIGHTS COMMISSION-and-DARLENE MACNUTT, LOLITA KNOCKWOOD, JOHN B. PICTOU, JR.-and-ATTORNEY GENERAL OF CANADA, REPRESENTING THE MINISTER OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENTRespondentsREASONS FOR JUDGMENTISAAC J.A.[1] This is an appeal from an order made by a Motions Judge in the Trial Division on 30 October 1997. In that order, the learned Motions Judge dismissed the appellant's application for judicial review of the decision of a Canadian Human Rights Tribunal ("the Tribunal"), dated 11 October 1995. The Tribunal found that the appellant had discriminated against the three named respondents, the complainants before the Tribunal, on the grounds of race and martial status, contrary to section 5 of the Canadian Human Rights Act 1 ("CHRA"). The decision of the Trial Division is reported at [1998] 2 F.C. 198.FACTS[2] The underlying facts are fully set out in the reported decision and, as appears from the report, they were thoroughly canvassed by the Tribunal and by the Motions Judge. Consequently, I do not find it necessary to embark upon a recitation of the facts here. However, in order to facilitate analysis, I will emphasize below certain facts.[3] During the years 1987 to 1996, the appellant Council entered into Annual Contribution Agreements ("the Agreements"), and Master Funding Agreements with the Department of Indian Affairs and Northern Development ("DIAND"). In ...See the full content of this document
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