Algonquins of Barrière Lake v. Canada ( Minister of Indian Affairs and Northern Development )
T-357-96
Gibson J.
23/2/96
8 pp.
Upon application for judicial review of decision of Regional Director General of Department of Indian Affairs and Northern Development (DIAND) recognizing respondent Interim Band Council as legitimate Council of Algonquins of Barrière Lake, applicants filing notice of motion for interim relief staying decision of Regional Director General, Minister of DIAND-Authority of Interim Band Council not recognized by applicants, supporters-Court assuming, without deciding, serious issue to be tried on application for judicial review-Whether, until legality of selection of Interim Band Council confirmed, position taken by Minister should be stayed-Court faced with choice as to which decision will least add more fuel to fire-Applicants failing to come to Court with completely "clean hands"-Courts, in deciding whether to grant discretionary relief, should be concerned with whether relief capable of having practical effect, useful purpose-Granting relief requested by applicants would risk turning community towards further politically-motivated turmoil, uncertainty-Status quo on January 22, 1996 incapable of being restored-No irreparable harm by reason of decision on behalf of Minister-Relief sought by applicants not, in longer term, in best interests of community-Application dismissed.