Fairford First Nation v. Canada ( Attorney General )
T-2243-93
Rothstein J.
6/3/97
7 pp.
Motion by plaintiffs to cross-examine own witness as adversary party under Manitoba Court of Queen's Bench Rules, R. 53.07-R. 53.07 part of laws of evidence of Manitoba, applicable herein if not conflicting with Canada Evidence Act, s. 9-Whether witness officer of defendant within meaning of R. 53.07-R. 53.07 may not be invoked to cross-examine employee of adverse party-Witness used to be highest ranking employee of Department of Indian Affairs in Alberta-Holding position analogous to provincial vice-president for bank-Officer of defendant for purposes of R. 53.07-Witness left Department of Indian Affairs in 1983-Not employed by federal government since-Has worked for Alberta Indian Bands or First Nations as consultant from 1985 to present-Not appropriate case in which plaintiffs' counsel should be able to treat witness as officer of adverse party and cross-examine him-Not appropriate for plaintiffs' counsel to deal directly with officer or former officer of adverse party when represented by counsel-Plaintiffs not prejudiced if they deal with witness in usual manner at trial and examine him as own witness-Queen's Bench Rules, Man. Reg. 553/88, R. 53.07-Canada Evidence Act, R.S.C., 1985, c. C-5, s. 9.