Goodswimmer v. Canada (Minister of Indian Affairs and Northern Development)

[1997] 1 SCR 309 Court SCC Decision date 1997-02-18 Docket 24737, 24745 English

Partiesthe Council of the Sturgeon Lake Indian Band Appellants·Mary Kappo, Mary Delphine Goodswimmer Appellants·Lucy Sunshine, Louise Redhead, Cecile Kiyawasew Appellants·Marina Plante, Florestine Chowace Appellants·Florence Standingribbon, Wilfred Goodswimmer Appellants·the Lesser Slave Lake Indian Regional Council Appellants·The Attorney General of Canada, the Minister of Indian Affairs and Northern Development and Darlene Desjarlais, in her capacity as Respondents·Chief of the Sturgeon Lake Indian Band Respondents

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Lamer C.J.

On appeal from Federal Court of Appeal

Subjects Appeal

Contents

Lamer C.J.

The Chief Justice -- It has been conceded by the appellants that this appeal is moot. In all of the circumstances we are of the view that this is not one of those appeals in which the Court should exercise its discretion to hear the appeal notwithstanding its mootness.

Accordingly, this appeal is quashed. However, the Crown not having moved to quash with due diligence, costs of the appeal on a party to party basis are granted to the appellants.