Bill C-31 challenge stalls

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A controversial court case over an amendment to the Indian Act stalled even as it got underway.

Federal Court Justice Frank Muldoon delayed proceedings over the constitutionality of Bill C-31 for two days Sept. 20 to give the plaintiff's new lawyers time to prepare.

Catherine Twinn, counsel of record for plaintiffs Senator Walter Twinn of the Sawridge Band, Wayne Roan of the Ermineskin Band and Bruce Starlight of the Tsuu Tina Band, asked for the delay to give new trial lawyer Martin Henderson of Toronto time to scan some of the 6,000 pages of documents that could be entered as evidence.

Henderson, who took over the case Sept. 15, said he has been working overtime to catch up and has not yet had time to even talk to his clients.

The last-minute delay prompted strong objections from lawyers for the federal government and intervenors from the Native Council of Canada (Alberta.)

"We've been waiting long enough for this trial," said federal counsel Dogan Akman.

Muldoon also ordered the plaintiffs to pay $1,500, not as a fine, but to cover the cost of the delay.

The case centers around Twinn's assertion that Bill C-31, the 1985 amendment to the Indian Act designed to reinstate Native men, women and children who lost their status, unfairly forces bands to accept new members.

The pre-Bill C-31 wording in Section 12 of the Indian Act permitted Ottawa to deny Indian status to thousands of Native men who were enfranchised - stripped of their Indian status. It also denied status to Native women for marrying non-Natives, and subsequently denied status to their children.

Bill C-31 was designed to reinstate Natives without making bands financially worse off. But more than 150,000 people applied for status once the bill was passed.

Twinn maintains that only Indian bands have the right to decide who goes on their membership lists. The trial is scheduled to last 11 weeks in Edmonton and Ottawa.