PRACTICE |
Commencement of Proceedings |
Métis National Council of Women v. Canada
T-1804-98
Pelletier J.
28/11/00
5 pp.
Wrong originating document--Motion to strike--Appeal from decision of Associate Senior Prothonotary (A.S.P.) striking plaintiffs' action--Plaintiffs claiming Crown discriminated against them on basis of gender contrary to Charter, ss. 15, 28--Discrimination consisting of refusal by defendant to negotiate with corporate plaintiff with respect to employment training for benefit of Métis women--Defendant arguing since remedies sought included declaration, injunction, mandamus, Federal Court Act, s. 18(3) applied--A.S.P. concluding plaintiffs seeking declaratory relief against federal board for not including them in board's schemes--A.S.P.'s characterization of nature of action correct--A.S.P. not considering cases which have applied provisions of r. 57 to problem--Motion to strike should not have succeeded, must be set aside--Proceeding not in proper form can be converted into appropriate form--Right to convert applications to actions found in Act, s. 18.4(2)--A.S.P.'s decision varied to add provision allowing applicants to file notice of application, request for extension of time in which issues raised in action recast as application for judicial review--Appeal allowed in part--Federal Court Rules, 1998, SOR/98-106, r. 57--Federal Court Act, R.S.C., 1985, c. F-7, ss. 18 (as am. by S.C. 1990, c. 8, s. 4), 18.4 (as enacted idem, s. 5)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 15, 28.