Digests

Decision Information

Decision Content

PRACTICE

Subpoenas

Samson Indian Nation and Band v. Canada

T-2022-89

2003 FC 1421, Teitelbaum J.

4/12/03

7 pp.

Plaintiffs filed application requesting appearance of Prime Minister Jean Chrétien and Minister of Indian and Northern Affairs as witnesses in present case--Prime Minister, like all other citizens in Canada, can be called to give evidence in trial provided he has relevant and admissible evidence to give-- Plaintiff should be permitted to call Prime Minister as witness in present case because he may have relevant and admissible evidence to give--As to Minister of Indian Affairs and Northern Development, issuance of subpoena would not be helpful in present case--Present Minister not Minister of Indian Affairs and Northern Development when present statement of claim first issued--Thus all, and if not all, certainly most, of relevant facts leading to present litigation known before Mr. Robert Nault became Minister of Indian and Northern Affairs--Application for leave for issuance of subpoena to Prime Minister Chrétien allowed--Application for issuance of subpoena to Minister of Indian Affairs and Northern Development denied.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.