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[source: sovernet-l; Mon, 7 Feb 2000 15:13:07]

Ottawa wants to remove judge in Cree land battle
Canadian Broadcast Corp.
WebPosted Mon Feb 7 08:31:29 2000

MONTREAL - Canada's solicitor general has applied to have a
Quebec Superior Court judge removed from a legal case in
Montreal. The dispute is between the Cree of Quebec and 27
forestry companies that are clear-cutting their hunting and
trapping land.

In December, Quebec Superior Court Justice Jean-Jacques
Croteau ruled the Quebec government has been systematically
favouring the companies by issuing logging permits on land
Cree use for hunting, trapping and fishing.

Croteau said the province was violating Cree rights as
guaranteed in the James Bay and Northern Quebec Agreement.
Quebec and the forestry companies appealed the ruling and
filed a motion to have Croteau removed from considering
other aspects of the the case.

Sylvain Lussier, a lawyer for one of the forestry companies,
says this is not a question of picking and choosing a judge.

"It's a question of a judge who's already made up his mind
in a matter where there's going to be numerous arguments
made before him. We have the feeling he'll have a closed
ear," said Lussier.

James O'Reilly is the lawyer representing the Cree. He says
the federal government shouldn't fool with the independence
of the courts. He says for a judicial system to work, judges
need to be free from political pressures.

Next week, Quebec's chief justice will begin hearing
arguments whether Justice Croteau will be allowed to
continue hearing this case.
 

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