Daniel MacIsaac
Northern News Services

NNSL (Feb 17/99) - The latest round in the battle among North Slave Metis ended in a stalemate in territorial Supreme Court this week.

Up before the court and Justice Ted Richard on Monday was a motion to strike filed by the defendant, the North Slave Metis Alliance. The motion was aimed at having certain evidence presented by the plaintiffs, Metis Nation Locals 66 and 64, disallowed from next Monday's hearing.

The court was scheduled to hear evidence next Monday and rule on the plaintiff's motion to place an injunction on the Yellowknife-based Metis Alliance, effectively halting its operations.

But defence counsel Austin Marshall told Justice Richard on Monday that his office had not received notice to file a brief until it was too late to meet last week's deadline. As a result, the plaintiff's counsel, Sheila MacPherson, was unable to file a counter-brief.

MacPherson asked Justice Richard to dismiss the defendant's motion to strike and to allow the suit to proceed to the injunction hearing stage.

And while Richard censured the defendant for not being prepared, he said he was unwilling to proceed directly to the injunction hearing before both sides could cross-examine witnesses and file briefs.

Richard ruled that the strike motion arguments will be heard next Monday during the session originally slated only for the injunction-application. He conceded the move will likely delay the injunction ruling. But he suggested neither counsel had been realistic in scheduling proceedings.

"I'll ask both of you to think whether you're dreaming in technicolour...and realize the clock is ticking," he said.

Following the session, Metis Alliance president Clem Paul had little to say other than assuring that he is confident Marshall can fend off the suit.

Metis local 66 president Bill Enge and local 64 president Sholto Douglas, filed the suit late last year, charging the alliance with failing to abide by its own election and membership guidelines.

"I was hoping to have these procedural matters settled, so that we could have moved on to the injunction and more substantive legal issues that are very important to my clients," said MacPherson.

Enge said he understood Justice Richard's arguments but was unsatisfied with his ruling, and the delay.

"Because of the negligence of the North Slave Metis Alliance's lawyer it appears to me that we're being punished for their failure to comply with the court's rules," Enge said.

Douglas said a drawn-out procedure has been slowed even further.

"We have a lot of people on pins and needles especially people whose membership has been cancelled," he said.