Docket

35518

Chief Sheldon Taypotat, et al. v. Louis Taypotat

(Federal Court) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2015-06-03 Appeal closed
2015-05-29 Formal judgment sent to the registrar of the court of appeal and all parties
2015-05-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-05-28 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga, The appeal from the judgment of the Federal Court of Appeal, Number A-427-12, 2013 FCA 192, dated August 13, 2013, heard on October 9, 2014, is allowed with costs and the decision of de Montigny J. is restored.
Allowed, with costs
2014-10-27 Transcript received, 75 Pages
2014-10-09 Judgment reserved OR rendered with reasons to follow
2014-10-09 Respondent's condensed book, (Book Form), 14 copies, submitted in Court Louis Taypotat
2014-10-09 Appellant's condensed book, (Book Form), 14 copies, submitted in Court Chief Sheldon Taypotat
2014-10-09 Hearing of the appeal, 2014-10-09, CJ Abe Cro Mo Ka Wa Ga
Judgment reserved
2014-09-26 Notice of appearance, Mervin Phillips, Leane Phillips and Moira Dillon will be present Louis Taypotat
2014-09-26 Notice of appearance, Eugene Meehan, Q.C., Marie-France Major, James D. Jodouin and Marcus R. Davies will be present Chief Sheldon Taypotat
2014-09-05 Notice of hearing sent to parties
2014-09-05 Appeal hearing scheduled, 2014-10-09
Judgment reserved
2014-08-07 Order on motion to directions, (by MOLDAVER J.)
2014-08-07 Decision on motion for directions, Mo, UPON APPLICATION by the respondent for directions and for an order granting leave to adduce fresh evidence, namely the affidavit of Louis Earl Taypotat sworn June 27, 2014, and the exhibits attached thereto;
AND UPON APPLICATION by the respondent for an order granting leave to refer to this evidence in its factum and in its oral submissions before this Court;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted in part, with costs. The affidavit of Mr. Taypotat is not admissible as fresh evidence. However, given the public nature of the information and the limited use to which it is to be put, the affidavit should be filed to complete the record before this Court. The parties may refer to this evidence in their factum and in their oral submissions.
Allowed in part
2014-08-07 Submission of motion for directions, Mo
2014-08-01 Reply to motion for directions, (Book Form), Completed on: 2014-08-01, (Electronic version filed on 2014-08-01) Chief Sheldon Taypotat
2014-07-09 Response to motion for directions, Completed on: 2014-07-09, (Printed version filed on 2014-07-09) Chief Sheldon Taypotat
2014-07-02 Motion for directions, (Book Form), and for leave to adduce new evidence, Completed on: 2014-07-02, (Electronic version filed on 2014-07-02) Louis Taypotat
2014-06-10 Appeal perfected for hearing
2014-06-09 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2014-06-06) Louis Taypotat
2014-06-06 Correspondence received from, Moira Dillon re: will file a motion in order to file the election report Louis Taypotat
2014-06-06 Respondent's book of authorities, (Book Form), Completed on: 2014-06-06, (Electronic version filed on 2014-06-06) Louis Taypotat
2014-06-06 Respondent's record, (Book Form), Completed on: 2014-06-06, (Electronic version filed on 2014-06-06) Louis Taypotat
2014-06-06 Respondent's factum, (Book Form), Completed on: 2014-06-09, (Electronic version filed on 2014-06-06) Louis Taypotat
2014-06-02 Correspondence received from, (Letter Form), Marie-France Major re: oppose to the filing of the Election Report, (Electronic version filed on 2014-06-02) Chief Sheldon Taypotat
2014-05-30 Correspondence received from, (Letter Form), Moira Dillon rec'd by e-mail re: Change affecting the record, (Electronic version filed on 2014-05-30) Louis Taypotat
2014-05-28 Order on motion for leave to intervene, (Judge CROMWELL)
2014-05-28 Decision on the motion for leave to intervene, Cro, UPON APPLICATION by Canada Without Poverty and the Charter Committee on Poverty Issues for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is dismissed without costs.
Dismissed, without costs
2014-05-28 Submission of motion for leave to intervene, Cro
2014-05-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-05-26, (Printed version filed on 2014-05-22) Canada Without Poverty
2014-05-20 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-05-20, (Electronic version filed on 2014-05-20) Louis Taypotat
2014-05-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-05-13, (Printed version filed on 2014-05-15) Chief Sheldon Taypotat
2014-05-08 Motion for leave to intervene, (Book Form), Completed on: 2014-05-08, (Electronic version filed on 2014-05-08) Canada Without Poverty
2014-05-07 Notice of constitutional question(s), (Attorney's General served 2014-05-07) Chief Sheldon Taypotat
2014-05-06 Order on motion to extend time, (see order stating constitutional questions)
2014-05-06 Decision on motion to extend time, (see order stating constitutional questions), CJ
Granted, no order as to costs
2014-05-06 Submission of motion to extend time, CJ
2014-05-06 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2014-05-06 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions and extending the time within which the appellants may serve and file their motion to state constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion by the appellants to extend the time to serve and file the motion to state constitutional questions is granted, and the constitutional questions are stated as follows:
1. Do paras. 9.03(c) and 10.01(d) of the Kahkewistahaw Election Act infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than September 25, 2014.
Granted
2014-05-06 Submission of motion to state a constitutional question, CJ
2014-04-17 Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-04-17 Louis Taypotat
2014-04-11 Motion to extend time, (Letter Form), (Included in the motion to state a constitutional question), Included in the Motion to State a Constitutional Question, Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) Chief Sheldon Taypotat
2014-04-11 Motion to state a constitutional question, (Letter Form), Motion to ext. time included , Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) Chief Sheldon Taypotat
2014-04-11 Certificate of counsel (attesting to record), (Letter Form) Chief Sheldon Taypotat
2014-04-11 Appellant's book of authorities, (Book Form), Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) Chief Sheldon Taypotat
2014-04-11 Appellant's record, (Book Form), 4 volumes, Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) Chief Sheldon Taypotat
2014-04-11 Appellant's factum, (Book Form), Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) Chief Sheldon Taypotat
2014-01-17 Notice of appeal, Completed on: 2014-01-17 Chief Sheldon Taypotat
2013-12-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-12-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-12-20 Judgment on leave sent to the parties
2013-12-19 Decision on the application for leave to appeal, CJ Cro Wa, The motion for an expedited stay of execution is dismissed with costs. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-427-12, 2013 FCA 192, dated August 13, 2013, is granted with costs in the cause.
Granted, with costs in the cause
2013-12-19 Decision on the motion for a stay of execution, CJ Cro Wa, See judgment
Dismissed, with costs
2013-11-25 All materials on application for leave submitted to the Judges, CJ Cro Wa
2013-11-25 Submission of motion for a stay of execution, CJ Cro Wa
2013-11-14 Applicant's reply to respondent's argument, Completed on: 2013-11-14 Chief Sheldon Taypotat
2013-11-14 Reply to motion for a stay of execution, (Letter Form), Completed on: 2013-11-14 Chief Sheldon Taypotat
2013-11-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-11-14 Louis Taypotat
2013-11-12 Response to the motion for a stay of execution, (Book Form), (3 add. copies rec'd Nov. 13, 2013), Completed on: 2013-11-14 Louis Taypotat
2013-11-06 Correspondence received from, James D. Jodouin dated Nov. 6, 2013 re motion for stay Chief Sheldon Taypotat
2013-10-31 Motion for a stay of execution, (Book Form), (and to expedite the motion for stay) (3 add. copies rec'd Nov. 13, 2013), Completed on: 2013-10-31 Chief Sheldon Taypotat
2013-10-15 Letter acknowledging receipt of a complete application for leave to appeal
2013-10-10 Application for leave to appeal, (Book Form), Completed on: 2013-10-15 Chief Sheldon Taypotat
2013-09-11 Notice of application for leave to appeal, Completed on: 2013-09-11 Chief Sheldon Taypotat