Carry the Kettle First Nation v. Bellegarde
SCOTT EASHAPPIE
Law Firm / Organization
MLT Aikins LLP
SHAWN SPENCER
Law Firm / Organization
MLT Aikins LLP
TAMARA THOMSON
Law Firm / Organization
MLT Aikins LLP
CARRY THE KETTLE FIRST NATION
Law Firm / Organization
MLT Aikins LLP
TERRINA BELLEGARDE
Law Firm / Organization
Roberts O'Kelly
JOELLEN HAYWAHE
Law Firm / Organization
Roberts O'Kelly

- Parties: The appellants were Scott Eashappie, Shawn Spencer, Tamara Thomson, and Carry the Kettle First Nation. The respondents were Terrina Bellegarde and Joellen Haywahe.

- Subject Matter: The Federal Court issued an order refusing to interfere with the associate judge’s scheduling order, which held that the hearing of a motion for interim relief should come before the hearing of a motion challenging the Federal Court’s jurisdiction. The appellants challenged the Federal Court’s order. However, the appellants did not seek to stay the order or to expedite this appeal.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court held that the appeal was moot and that hearing and determining the appeal despite its mootness would not serve the public interest. The appeal court noted that the interim relief motion had been heard and decided and that the Federal Court order challenged by the appellants had been carried out. The appeal court refused to award the respondent costs at the high end of Column V of the Tariff since no circumstances warranted such an award.

- Date: The hearing was set on Dec. 18, 2023. The court released its decision on Dec. 18, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The court fixed the costs in the all-inclusive amount of $3,375.

Federal Court of Appeal
A-18-23
Aboriginal law
$ 3,375
Respondent
30 January 2023