" MoCreebec Council of the
Cree Nation commenced a judicial review application in this Court
by notice dated November 17, 2010. The application relates to a
proposed hydroelectric generating project in the Moose River/James
Bay area. The applicant was one of the parties to an agreement with
the Ontario government in 1994 with respect to how the project was
going to proceed. The applicant now contends that Ontario has
failed to comply with its obligations under that agreement and
under the Environmental Assessment Act. The application
for judicial review seeks various forms of relief requiring Ontario
to comply with those obligations and prohibiting further
development that is not in compliance. In support of the
application was filed the affidavit of Allan Jolly, the Acting
Chief of the MoCreebec Council.
Cree First Nation is named as a party respondent in the
application. Moose Cree brought a motion to strike various aspects
of the judicial review application and portions of the supporting
affidavit. .. From the perspective of the moving party, one
principal issue remains: the capacity of MoCreebec to bring this
application. I also have some concerns about the form of the
Moose Cree, which is defending the the Lower
Mattagami project, will own up to 25% of it.
" The capacity (or status)
issue is by no means a simple matter factually or legally, and it
is one with profound consequences for the MoCreebec Council, not
just with respect to this application, but to their status
generally. In light of the complexity of the issue, the inadequate
state of the record before me at present, and the significant
public policy issues raised, in my view it is preferable that this
motion be heard by a three-person panel of the Divisional Court,
rather than by a single judge...
 The moving party Moose Cree First Nation shall deliver a
notice of motion and, if so advised, affidavit material by May 10,
2013. The notice of motion shall clearly setting out the precise
relief sought and the grounds for taking that position. Affidavit
evidence may also be filed, particularly with respect to the
practical problems of having an application brought by MoCreebec
with the Moose Cree as a respondent, given there may be some
overlap between the membership of both groups, and any other issues
that may be contentious relating to the capacity of the MoCreebec
Council to sue."
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
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