Docket

26014

Donald John Marshall, Jr. v. Her Majesty the Queen

(Nova Scotia) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2000-03-28 Record returned to the Registrar of the Court of Appeal
2000-01-13 Appeal closed
2000-01-13 Formal judgment on re-hearing sent to Registrar of the Court of Appeal
2000-01-13 Copy of formal judgment on re-hearing of appeal sent to parties
2000-01-10 Formal judgment sent to the registrar of the court of appeal and all parties
2000-01-10 Copy of formal judgment being prepared
1999-11-17 Decision on the motion for a re-hearing of the appeal, CJ L'HD G McL Ia Bi, The application of the West Nova Fishermen's Coalition for a rehearing, and for an order that the judgment of the Court dated September 17, 1999 be stayed in the meantime, is dismissed with costs. (for reasons, see file)
Dismissed, with costs
1999-11-15 Reply to the response to the motion for a re-hearing of the appeal, (11 copies - book form) sent to CJ L'HD G McL I Bi Nov. 15/1999, Completed on: 1999-11-15 West Nova Fishermen's Coalition
1999-11-01 Response to the motion for a re-hearing of the appeal, sent to CJ L'HD G McL I Bi. Nov. 2/99., Completed on: 1999-11-02 Her Majesty the Queen
1999-11-01 Response to the motion for a re-hearing of the appeal, sent to CJ L'HD G McL I Bi on Nov. 2/99, Completed on: 1999-11-01 Donald John Marshall, Jr.
1999-11-01 Response to the motion for a re-hearing of the appeal, (book form) sent to CJ L'HD G McL I Bi, Completed on: 1999-11-01 Union of New Brunswick Indians
1999-10-28 Response to the motion for a re-hearing of the appeal, 10 copies (book form) sent to CJ L'HD G McL I Bi on Oct. 28/1999, Completed on: 1999-11-03 Native Council of Nova Scotia
1999-10-18 All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G McL Ia Bi
1999-10-18 Motion for a re-hearing of the appeal, (complete motion book filed on Oct. 19/99 and sent to judges on Oct. 20/99), Completed on: 1999-10-18 West Nova Fishermen's Coalition
1999-09-20 Notice of deposit of judgment sent to all parties
1999-09-17 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Bi, The appeal is allowed and an acquittal on all charges is ordered, Gonthier and McLachlin JJ. dissenting. The constitutional question is answered as follows: SEE LONG
Allowed, no order as to costs
1998-11-20 Transcript received, and distributed to the justices (117 pages)
1998-11-05 Hearing of the appeal, 1998-11-05, CJ L'HD G Co McL Ia Bi
Decision reserved
1998-11-05 Order on motion to extend time, to serve and file the factum
1998-11-05 Decision on motion to extend time, to serve and file the factum to Oct. 23/98, Reg
Granted, no order as to costs
1998-11-05 Submission of motion to extend time, 1998-11-05, to serve and file the factum to Oct. 23/98, Reg
1998-11-04 General proceeding, 11 copies of CONDENSED book, with service Her Majesty the Queen
1998-11-04 Response to motion to extend time, to file the Union of N. B. Indians's factum to Oct. 23, 1998 (M. Paré), Completed on: 1998-11-04 Her Majesty the Queen
1998-11-04 Affidavit, to file the intervener's factum to Oct. 23, 1998 (Henry Bear) Union of New Brunswick Indians
1998-11-04 $50.00 filing fee for notice of motion, receipt no. 31416 Union of New Brunswick Indians
1998-11-04 Motion to extend time, to file the intervener's factum to Oct. 23, 1998, Completed on: 1998-11-04 Union of New Brunswick Indians
1998-10-30 Notice of appearance, (Michael A. Paré) Her Majesty the Queen
1998-10-28 Correspondence (sent by the Court) to, from Gowling re: duration of argument
1998-10-23 Intervener's factum, (extension of time requested), with service, Completed on: 1998-10-23 Union of New Brunswick Indians
1998-09-29 General proceeding, (12 copies of condensed book) Donald John Marshall, Jr.
1998-09-11 Appeal hearing scheduled, 1998-11-05
Decision reserved
1998-09-01 Intervener's factum, 24 copies, with service, Completed on: 1998-09-01 Attorney General of New Brunswick
1998-08-11 Order on motion to extend time, to serve and file the factum and book of authorities
1998-08-11 Decision on motion to extend time, to serve and file the factum & book of authorities to July 22/98, Reg
Granted, no order as to costs
1998-08-11 Submission of motion to extend time, 1998-08-11, to serve and file the factum & book of authorities to July 22/98, Reg
1998-08-11 Decision on motion to extend time, for leave to intervene, Ba
Granted, no order as to costs
1998-08-11 Submission of motion to extend time, 1998-08-11, for leave to intervene, Ba
1998-08-11 Decision on the motion for leave to intervene, Ba, and extension of time by the Union of New Brunswick Indians. The applicant is authorized to file a factum not exceeding 20 pages and is allowed 15 minutes for oral argument. Written and oral submissions are to be limited to the specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights
Granted, no order as to costs
1998-08-11 Submission of motion for leave to intervene, 1998-08-11, Ba
1998-08-10 Correspondence (sent by the Court) to, from R. Frater to A. Roland, letter dated Aug. 10, 1998 re: does not oppose the motion to intervene by the Union of N. B. Indians
1998-08-06 Correspondence (sent by the Court) to, from Nelligan, Power, letter dated Aug. 6, 1998 (fax copy) re: does not oppose the application to intervene by Union of New Brunswick Indians
1998-07-29 Affidavit, to July 29, 1998 (Chief S. Barlow) - 2 copies Union of New Brunswick Indians
1998-07-29 Motion to extend time, to file the motion to intervene (2 copies), Completed on: 1998-07-29 Union of New Brunswick Indians
1998-07-29 Affidavit, of Chief S. P. Barlow (2 copies) Union of New Brunswick Indians
1998-07-29 $50.00 filing fee for notice of motion, receipt no. 30912 Union of New Brunswick Indians
1998-07-29 Motion for leave to intervene, 2 copies, Completed on: 1998-07-29 Union of New Brunswick Indians
1998-07-23 Response to motion to extend time, to file the Native Council of Nova Scotia factum to July 22/98, Completed on: 1998-07-23 Her Majesty the Queen
1998-07-22 Affidavit, to file the intervener's factum & authorities (of Stuart C.B. Gilby), with service Native Council of Nova Scotia
1998-07-22 $50.00 filing fee for notice of motion, receipt #30892 Native Council of Nova Scotia
1998-07-22 Motion to extend time, to file the intervener's factum & book of authorities to July 22/98, with service, Completed on: 1998-07-22 Native Council of Nova Scotia
1998-07-22 Book of authorities, 13 copies, with service, Completed on: 1998-07-22 Native Council of Nova Scotia
1998-07-22 Intervener's factum, 24 copies, with service, Completed on: 1998-07-22 Native Council of Nova Scotia
1998-07-17 Proof of service, of the factum and book of authorities of the intervener West Nova Fishermen's Coalition
1998-07-14 Order on motion to extend time, to file the factum, record and book of authorities
1998-07-09 Book of authorities, 12 copies, with service, Completed on: 1998-07-09 West Nova Fishermen's Coalition
1998-07-09 Intervener's factum, 24 copies, with service, Completed on: 1998-07-09 West Nova Fishermen's Coalition
1998-06-22 Decision on motion to extend time, to serve and file their factum, record and book of authorities to June 11/98, Reg
Granted, no order as to costs
1998-06-22 Submission of motion to extend time, 1998-06-22, to serve and file their factum, record and book of authorities to June 11/98, Reg
1998-06-22 Decision on motion to file a lengthy factum, 43 page factum, Reg
Granted, no order as to costs
1998-06-22 Submission of motion to file a lengthy factum, 1998-06-22, 43 page factum, Reg
1998-06-11 Book of authorities, 12 copies of vol. 1 and 2, with service, Completed on: 1998-06-11 Her Majesty the Queen
1998-06-11 Motion to file a lengthy factum, of 43 pages (joint with extension of time), with service, Completed on: 1998-06-11 Her Majesty the Queen
1998-06-11 $50.00 filing fee for notice of motion, (deducted from Justice account) Her Majesty the Queen
1998-06-11 Affidavit, to file the respondent's factum, record and authorities to June 11, 1998 (Michael A. Pare), with service Her Majesty the Queen
1998-06-11 Motion to extend time, to file the respondent's factum, record and authorities to June 11, 1998 (joint with motion for lenghty memorandum), with service, Completed on: 1998-06-11 Her Majesty the Queen
1998-06-11 Respondent's factum, 24 copies, with service, Completed on: 1998-06-11 Her Majesty the Queen
1998-06-11 Respondent's record, 24 copies of vols. 1 to 6, with service, Completed on: 1998-06-11 Her Majesty the Queen
1998-05-11 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-04-14 Response to motion to extend time, to file the notice of intervention by A.G.N.B., Completed on: 1998-04-14 Donald John Marshall, Jr.
1998-04-14 Order on motion to extend time, to file their notice of intention to intervene
1998-04-14 Decision on motion to extend time, to file a notice of intention to intervene to Mar. 30/98, Ba
Granted, no order as to costs
1998-04-14 Submission of motion to extend time, 1998-04-14, to file a notice of intention to intervene to Mar. 30/98, Ba
1998-04-09 Response to motion to extend time, to file the notice of intervention by A.G. N.B. to March 30, 1998 (George Thomson), Completed on: 1998-04-09 Her Majesty the Queen
1998-04-07 Decision on motion for additional time to present oral argument, to 15 minutes, Ba
Granted, no order as to costs
1998-04-07 Submission of motion for additional time to present oral argument, Ba
1998-04-07 Decision on the motion for leave to intervene, Ba, by the Native Council of Nova Scotia. The factum is limited to 20 pages & oral argument to 15 minutes. Written & oral submissions are to be limited to specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights (for Bastarache J.' Order see file)
Granted, no order as to costs
1998-04-07 Submission of motion for leave to intervene, 1998-04-07, factum is limited to 20 pages & oral argument to 15 minutes. Written & oral submissions are to be limited to specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights (for Bastarache J.' Order see file), Ba
1998-04-07 Decision on motion to extend time, for leave to intervene, Ba
Granted, no order as to costs
1998-04-07 Submission of motion to extend time, 1998-04-07, for leave to intervene, Ba
1998-04-07 Order on motion for leave to intervene, joint with I-02 (see Bastarache J.'s Order on file)
1998-04-07 Decision on the motion for leave to intervene, Ba, The motion for an extension of time and for leave to intervene by West Nova Fishermen's Coalition is granted, factum is limited to 20 pages & oral argument to 15 minutes. Written and oral submissions are to be limited to specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights (or Bastarache J.' Order see file)
Granted, no order as to costs
1998-04-07 Submission of motion for leave to intervene, 1998-04-07, Ba
1998-04-03 $50.00 filing fee for notice of motion, recweipt no. 30386 Attorney General of New Brunswick
1998-04-02 Affidavit, to file the notice of intervention on March 30, 1998 (E.Ven Bemmel) Attorney General of New Brunswick
1998-04-02 Motion to extend time, to file the notice of intervention to March 30, 1998 ($50.00 requested), Completed on: 1998-04-02 Attorney General of New Brunswick
1998-03-30 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
1998-03-13 Book of authorities, 12 copies, with service, Completed on: 1998-03-13 Donald John Marshall, Jr.
1998-03-13 Appellant's factum, 24 copies, with service, Completed on: 1998-03-13 Donald John Marshall, Jr.
1998-03-13 Correspondence (sent by the Court) to, from Nelligan & Power, letter dated March 13, 1998 re: enclosing 2 pages of vol. 2 of the record to be inserted
1998-03-09 Appellant's record, 24 copies of vol. I to III, with service, Completed on: 1998-03-09 Donald John Marshall, Jr.
1998-03-09 Correspondence (sent by the Court) to, from I.G. Whitehall, Q.C.; re: constitutional questions and the interventions by Nova Scotia Native Council and West Nova Fishermen Coalition
1998-02-16 General proceeding, REPLY to the response to the application for leave to intervene (letterform) Native Council of Nova Scotia
1998-02-16 General proceeding, 5 copies of appellant's memorandum on motion of West Nova to intevene, with service Donald John Marshall, Jr.
1998-02-16 Notice of constitutional question(s), With service Donald John Marshall, Jr.
1998-02-10 Order on motion to state a constitutional question
1998-02-06 Motion for additional time to present oral argument, (20 minutes) (joint with motion to intervene), with service, Completed on: 1998-02-06 West Nova Fishermen's Coalition
1998-02-06 $50.00 filing fee for notice of motion, receipt no. 30073 West Nova Fishermen's Coalition
1998-02-06 Motion for leave to intervene, (joint with motion to extend the time) - 2 copies, with service, Completed on: 1998-02-06 West Nova Fishermen's Coalition
1998-02-06 Affidavit, to file the motion to intervene (Donald Cunningham ), with service West Nova Fishermen's Coalition
1998-02-06 Motion to extend time, to file the motion to intervene (joint with motion to intervene) - 2 copies - book form, with service, Completed on: 1998-02-06 West Nova Fishermen's Coalition
1998-02-05 Decision on the motion to state a constitutional question, (for question see file). Notices of intention to intervene are to be filed no later than March 16/ 98, CJ
Granted, no order as to costs
1998-02-05 Submission of motion to state a constitutional question, 1998-02-05, (for question see file). Notices of intention to intervene are to be filed no later than March 16/ 98, CJ
1998-02-03 Proof of service, of the motion to intervene by Native Council of Nova Scotia (service admitted to the appellant)
1998-01-28 Correspondence (sent by the Court) to, from Robert Frater; re: intervention of Nova Scotia Native Council is premature
1998-01-27 General proceeding, 5 copies of the Appellant's memorandum in response to the motion to intervene by NCNS Donald John Marshall, Jr.
1998-01-20 Proof of service, of the notice of intervention by Native Council of Nova Scotia and the affidavit of Lorraine Cook
1998-01-14 Motion for leave to intervene, (amended) (fax copy), Completed on: 1998-01-14 Native Council of Nova Scotia
1998-01-13 Affidavit, of Lorraine Cook (5 copies) Native Council of Nova Scotia
1998-01-13 $50.00 filing fee for notice of motion, receipt no. 28430 Native Council of Nova Scotia
1998-01-13 Motion for leave to intervene, (5 copies), Completed on: 1998-01-13 Native Council of Nova Scotia
1998-01-12 General proceeding, 1 copy of consent to the constitutional question (fax copy) Her Majesty the Queen
1998-01-12 $50.00 filing fee for notice of motion, receipt no. 28421 Donald John Marshall, Jr.
1998-01-12 Motion to state a constitutional question, (1 copy), Completed on: 1998-01-12 Donald John Marshall, Jr.
1997-11-20 Appeal court record, 5 boxes
1997-11-13 Correspondence (sent by the Court) to, sent to A.G. of Canada (Halifax, NS) enclosing copy of Rule 32
1997-11-13 Correspondence (sent by the Court) to, sent to Bruce H. Wildsmith (Barss Corner, NS) enclosing copy of Rule 32
1997-11-12 Notice of appeal, Completed on: 1997-11-12 Donald John Marshall, Jr.
1997-11-12 Order granting leave to appeal
1997-10-20 Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON)
1997-10-20 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON)
1997-10-16 Judgment of the Court on the application for leave to appeal, CJ G Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1997-08-29 All materials on application for leave submitted to the Judges, CJ G Ma
1997-07-02 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-07-02 Donald John Marshall, Jr.
1997-06-23 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-06-23 Her Majesty the Queen
1997-06-02 Correspondence received from, sent to A.G. of Canada enclosing copy of letter dated June 2/97 sent to applicant
1997-06-02 Correspondence received from, sent to Nelligan, Power to acknowledge receipt of material commencing a proceeding together with filing fee
1997-05-23 $50.00 filing fee, receipt #34177 Donald John Marshall, Jr.
1997-05-23 Application for leave to appeal, 5 copies, with service, Completed on: 1997-05-23 Donald John Marshall, Jr.