Docket

27641

Ralph Dick, et al. v. Her Majesty the Queen, et al.

(Federal) (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)
2003-10-30 Correspondence received from, J. Bissell of Justice Dept. dated Oct. 29, 2003 (fax copy) re: names of solicitors for the Queen in reasons for judgment dated Sept. 26, 2003 Her Majesty the Queen
2003-10-08 Appeal closed
2003-09-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-09-26 Decision on motion for directions, CJ G Ia Ma Ba Arb LeB De, The motions filed on behalf of the Bands to vacate the judgment rendered by this Court on December 6, 2002, are dismissed. The Crown's motion for directions is dismissed. Each party will bear its own costs.
Dismissed
2003-09-11 Correspondence received from, C. Rupar re: confirming that the copy sent Sept. 2/03 is the most legible copy (by fax) Her Majesty the Queen
2003-09-02 Correspondence received from, C. Rupar re: enclosing a more legible copy of the Oct. 11/85 memo of R. Green Her Majesty the Queen
2003-08-25 Correspondence received from, from Mr. O'Donnell dated Aug. 12/03 re: responding to Mr. Storrow's letter of Aug. 11/03 (all other parties will not be responding) Her Majesty the Queen
2003-08-11 Correspondence received, from M. Storrow by fax re: Mr. Storrow's involvement in the matter (original rec'd Aug. 11/2003) (sent to the judges Sept. 12/03)
2003-06-26 Transcript received, (76 pages)
2003-06-23 Hearing of motion for directions, 2003-06-23, CJ G Ia Ma Ba Arb LeB De
Decision reserved
2003-06-23 Hearing of miscellaneous motion, 2003-06-12, CJ G Ia Ma Ba Arb LeB De
Decision reserved
2003-06-23 Acknowledgement and consent for video taping of proceedings
2003-06-20 Book of authorities, on motion for directions (sent to the Court on 06/20/03), Completed on: 2003-06-20 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2003-06-20 Supplemental document, further submissions on relief and reply to the Attorney General of B.C. (sent to the Court on 06/20/03) Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-06-20 Book of authorities, on motion for directions and on motion to vacate (sent to the Court on 06/20/03), Completed on: 2003-06-20 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-06-20 Response to miscellaneous motion, (sent to the Court on 06/20/03), Completed on: 2003-06-20 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2003-06-19 Book of authorities, on motion to vacate (sent to the Court 06/19/03), Completed on: 2003-06-19 Attorney General of British Columbia
2003-06-19 Response to miscellaneous motion, to vacate (bookform)(sent to the Court 06/19/03), Completed on: 2003-06-19 Attorney General of British Columbia
2003-06-18 Notice of appearance, (of Osler, Hoskin & Harcourt) Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-06-16 Correspondence (sent by the Court) to, the parties to convene them to an oral hearing on June 23, 2003 at 9:00 a.m.
2003-06-16 Correspondence received from, Michael P. Carroll, Q.C. dated 06/14/03 re: opposes Mr. Foy being granted a right of response at this stage (sent to the Court 06/16/03) Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-06-16 Correspondence received from, Peter R. Grant dated 06/13/03 re: seek permission to make submissions on motions if the Court grants same to A.G. B.C. (sent to the Court 06/16/03) Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2003-06-13 Response to miscellaneous motion, (Letter Form), from Graham R. Garton (for J. Vincent O'Donnell, Q.C.) dated 06/13/03 re: opposes both motions to vacate (sent to the Court 06/13/03), Completed on: 2003-06-13 Her Majesty the Queen
2003-06-13 Correspondence received from, Patrick G. Foy dated 06/13/03 re: intends to file a response to the motions filed by the Campbell River and the Cape Mudge Indian Bands by June 20, 2003 (sent to the Court 06/13/03) Attorney General of British Columbia
2003-06-12 Submission of miscellaneous motion, 2003-06-12, CJ G Ia Ma Ba Arb LeB De
Decision reserved
2003-06-12 Book of authorities, in support of the response to motion for directions (and motion to vacate) (sent to the Court on 06/12/03), Completed on: 2003-06-12 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-06-12 Notice of miscellaneous motion, to vacate the judgment of this Court (joint with the response to the motion for directions), Completed on: 2003-06-12 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-06-12 Notice of miscellaneous motion, to vacate the judgment of this Court (joint with response to motion for directions), Completed on: 2003-06-12 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-06-12 Response to motion for directions, (bookform)(joint with a motion to vacate )(sent to the Court on 06/12/03), Completed on: 2003-06-12 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-06-12 Response to motion for directions, (bookform)(joint with a motion to vacate)(sent to the Court 06/12/03), Completed on: 2003-06-12 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-06-03 Correspondence (sent by the Court) to, the appellants re: must file a response to the argument filed on 05/30/03 by 5 p.m. June 12, 2003
2003-05-30 Book of authorities, on motion for directions (sent to the Court 05/30/03), Completed on: 2003-05-30 Her Majesty the Queen
2003-05-30 Supplemental document, memorandum of argument on motion for directions filed May 26, 2003 (sent to the Court 05/30/03) Her Majesty the Queen
2003-05-30 Correspondence received from, Patrick G. Foy dated 05/30/03 re: requests extension of deadline on motion for direstions (sent to the Court on 05/30/03) Attorney General of British Columbia
2003-05-30 Correspondence received from, Michael P. Carroll dated 05/30/03 re: wants to be given until June 13, 2003 to file submissions
(sent to the Court 05/30/03)
Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-05-30 Correspondence received from, Allan Donovan dated 05/30/03 re: request an extension of time to June 13, 2003 (sent to the Court on 05/30/03) Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-05-30 Response to motion for directions, (Letter Form), from E. Ria Tzimas dated 05/30/03 re: will not be taking any position (sent to the Court on 05/30/03), Completed on: 2003-05-30 Attorney General for Ontario
2003-05-29 Correspondence received from, Graham R. Garton (for J. Vincent O'Donnell, Q.C.) dated 05/29/03 re: will be filing a response to Wewaykai (Cape Mudge) Indian Band (sent to the Court on 05/30/03) Her Majesty the Queen
2003-05-28 Response to motion for directions, (Letter Form), from Allan Donavan dated 05/28/03 re: request that the time for argument be extended (sent to the Court 05/30/03), Completed on: 2003-05-28 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-05-27 Correspondence (sent by the Court) to, all counsel by fax (dated 05/27/03) re: Court has called written statement outlining their position on the motion for directions by May 30, 2003
2003-05-26 Submission of motion for directions, 2003-06-23, CJ G Ia Ma Ba Arb LeB De
Decision reserved
2003-05-26 Motion for directions, (bookform)(sent to the Court 05/27/03), Completed on: 2003-05-26 Her Majesty the Queen
2003-05-23 Correspondence received from, James Bissell, Q.C. re: motion for directions (sent to the Court) Her Majesty the Queen
2003-04-28 Record returned to the Registrar of the Court of Appeal
2003-03-13 Order on miscellaneous motion, (BY BINNIE, J.) (Revised on March 26/03)
2003-03-13 Decision on miscellaneous motion, to amend the judgment of Dec. 6/02 (revised March 26/03), (see long judgment)
Dismissed, with costs
2003-03-10 Submission of miscellaneous motion, 2003-06-23, Bi
Decision reserved
2003-02-07 Response to miscellaneous motion, (fax copy), Completed on: 2003-02-07 C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2003-02-06 Response to miscellaneous motion, Completed on: 2003-02-06 Her Majesty the Queen
2003-02-03 Response to miscellaneous motion, book form, Completed on: 2003-02-03 Attorney General of British Columbia
2003-01-28 Book of authorities, re: motion to vary - 14 copies - book form, Completed on: 2003-01-28 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-01-28 Notice of miscellaneous motion, (motion to vary the judgment - par. 91 and 95 of reasons for judgment) - 14 copies - book form, Completed on: 2003-01-28 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2003-01-16 Affidavit, of Celia Asselin sworn 01/15/02 (sic) in response to Mr. McAlpine's letter of 12/23/02 Her Majesty the Queen
2003-01-16 General proceeding, (bookform) response to Mr. McAlpine's letter dated 12/23/02 (10 copies) Her Majesty the Queen
2003-01-16 Response to motion to amend, (bookform) 10 copies, Completed on: 2003-01-16 Her Majesty the Queen
2003-01-16 Response to motion to amend, 10 copies, Completed on: 2003-01-16 Attorney General of British Columbia
2003-01-16 Book of authorities, re: motion - 12 copies, Completed on: 2003-01-16 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2003-01-06 Motion to amend, (the judgment of Dec. 6, 2002/le jugement en date du 6 décembre 2002) - book form/format livre - 13 copies, Completed on: 2003-01-08 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2002-12-23 Correspondence received from, J. McAlpine dated/datée 23-12-02 (fax copy/télécopieur) re: reasons for judgment/motifs de jugement Ralph Dick
2002-12-12 Appeal closed
2002-12-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-12-06 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeals from the judgment of the Federal Court of Appeal, Number A-655-95, dated October 12, 1999, heard on December 6, 2001 are dismissed with costs.
Dismissed, with costs
2001-12-19 Correspondence received from, Davis & Co. dated Dec. 19, 2001 (fax copy) re: further to his letter dated Dec. 7, 2001 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-12-18 Transcript received, and distributed to the judges (122 pages)
2001-12-07 Correspondence received from, Davis & Co. dated Dec. 7, 2001 (fax copy) re: the name of M. Storrow should not appear as counsel for any party Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-12-06 Acknowledgement and consent for video taping of proceedings
2001-12-06 Judgment reserved OR rendered with reasons to follow
2001-12-06 Hearing of the appeal, 2001-12-06, CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-12-06 Appellant's condensed book, 12 copies Ralph Dick
2001-12-05 Respondent's condensed book Her Majesty the Queen
2001-12-05 Appellant's condensed book Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-12-05 Supplemental document, (condensed book) Attorney General of British Columbia
2001-12-04 Correspondence received from, P. Grant dated Dec. 3, 2001 re: corrections in the factum (sent to the panel on Dec. 4, 2001) Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-12-03 Respondent's record, (supplemental record)(sent to the judges on Dec. 3, 2001), Completed on: 2001-12-03 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-11-23 Book of authorities, (supplemental), Completed on: 2001-11-26 Ralph Dick
2001-11-16 Correspondence received from, P. Grant dated Nov. 15, 2001 re: requesting that material on motion to strike be available at the hearing of the appeal (sent to the judges on Nov. 19, 2001) Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-11-14 Order on motion for additional time to present oral argument, (BY THE COURT)
2001-11-14 Decision on motion for additional time to present oral argument, CJ, by the appellants
IT IS HEREBY ORDERED THAT:
The schedule will be as follows:
Appellant Wewaikai Band (45 min.); Appellant Wewaykum Band (45 min.); Respondent Crown (45 min.); Intervener A.G. Ontario (15 min.); Intervener A.G. British Columbia (15 min.); Intervener Gitanmaax Band et al. (15 min.); reply (5 min.); reply (5 min.). Total 3 hours 10 minutes.
Allowed in part, no order as to costs
2001-11-14 Submission of motion for additional time to present oral argument, CJ
2001-11-13 Correspondence received from, J. McAlpine dated Nov. 9, 2001 (fax copy) re: motion for additional time Ralph Dick
2001-11-08 Response to the motion for additional time to present oral argument, (Letter Form), from R. Pollard dated Nov. 7, 2001 (fax copy)(original received Nov. 13, 2001), Completed on: 2001-11-08 Her Majesty the Queen
2001-11-08 Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO GITANMAAX BAND ET AL. BY BINNIE J.)
2001-11-07 Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2001-11-07 Ralph Dick
2001-11-06 Correspondence received from, P. Foy dated Nov. 5, 2001 re: requesting that the response on motion to strike filed in October 2001 be available at the hearing of the appeal (sent on Nov. 19, 2001) Attorney General of British Columbia
2001-11-01 Intervener's factum, 25 copies (amended) - see order dated Oct. 22, 2001(service of amended factum received Nov. 1, 2001), Completed on: 2001-11-01 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-10-26 Motion for additional time to present oral argument, (one hour for Wewaikum Band and an hour for Wewaikai Band)(also, enclosing memorandum of argument in support of the motion), Completed on: 2001-10-26 Ralph Dick
2001-10-22 Order on motion to strike out, (by the Court)
2001-10-22 Decision on motion to strike out, Arb,
The applicants interveners the Gitanmaax Band, the Kispiox Band, and the Glen Vowell Band are seeking to strike paragraphs 95 and 96 of the factum filed by the respondent intervener the Attorney General of British Columbia.

The respondent intervener, the Attorney-General of British Columbia, points to some foundation in the record for the statements contained in paragraphs 95 and 96 of its factum. In my view, these references are sufficient to permit the paragraphs to stand. There is no basis to allow the applicants to supplement the existing record. The applicants may file an amended factum, within 10 days, to advance the arguments contained in their motion to strike. The motion is dismissed.
Dismissed, no order as to costs
2001-10-22 Submission of motion to strike out, Arb
2001-10-15 Reply to motion to strike out, (service received Oct. 17, 2001), Completed on: 2001-10-16 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-10-10 Response to motion to strike out, (book form), Completed on: 2001-10-10 Attorney General of British Columbia
2001-10-10 Response to motion to strike out, (fax copy), Completed on: 2001-10-10 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-10-05 Book of authorities, Completed on: 2001-10-05 Attorney General for Ontario
2001-10-05 Intervener's factum, 23 copies, Incomplete Attorney General for Ontario
2001-10-04 Notice of withdrawal Attorney General for Saskatchewan
2001-10-04 Motion to strike out, (par. 95 and 96 of A.G. B.C. factum or in the alternative to produce certain documents) - book form, Completed on: 2001-10-04 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-09-28 Notice of withdrawal Attorney General of Alberta
2001-09-27 Order on motion to extend time
2001-09-21 Supplemental document, (corrigendum to the factum - 1 page long) (sent to the bench on Sept. 25, 2001) (service received Oct. 4, 2001) Ralph Dick
2001-09-13 Notice of hearing Ralph Dick
2001-09-10 Decision on motion to extend time, Reg, to serve and file the factum of the intervener A.G. - Ontario to Oct. 8, 2001.
Granted, no order as to costs
2001-09-10 Submission of motion to extend time, Reg
2001-09-07 Book of authorities, (vol. 1 and 2), Completed on: 2001-09-07 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-09-07 Intervener's factum, (see amended factum received on Nov. 1, 2001), Completed on: 2001-09-07 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-09-07 Book of authorities, Completed on: 2001-09-07 Attorney General of British Columbia
2001-09-07 Intervener's factum, Completed on: 2001-09-07 Attorney General of British Columbia
2001-09-05 Appeal hearing scheduled, 2001-12-06
Judgment reserved
2001-08-31 Response to motion to extend time, (Letter Form), J. R. Pollard dated Aug. 30, 2001 (fax copy), Completed on: 2001-08-31 Her Majesty the Queen
2001-08-29 Motion to extend time, to file the factum to Oct. 8, 2001 - 1 copy, Completed on: 2001-08-29 Attorney General for Ontario
2001-08-20 Notice of appearance, of Michael P. Carroll, Q.C. and Malcolm MacLean at the hearing of the appeal Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-08-16 Notice of hearing Ralph Dick
2001-08-07 Respondent's book of authorities, (see order dated March 14, 2001), Completed on: 2001-08-07 Ralph Dick
2001-08-07 Respondent's factum, (see order dated March 14, 2001) re: responding to R. A. Roberts and Wewayakum Indian Band, Completed on: 2001-08-07 Ralph Dick
2001-08-07 Respondent's book of authorities, (see order dated March 14, 2001) re: Cape Mudge and Campbell River, Completed on: 2001-08-07 Her Majesty the Queen
2001-08-07 Respondent's factum, (see order dated March 14, 2001) re: (Campbell River), Completed on: 2001-08-07 Her Majesty the Queen
2001-08-07 Respondent's factum, (see order dated March 14, 2001) re: (Cape Mudge), Completed on: 2001-08-07 Her Majesty the Queen
2001-08-07 Respondent's book of authorities, (see order dated March 14, 2001), Completed on: 2001-08-07 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-08-07 Respondent's record, (see order dated March 14, 2001), Completed on: 2001-08-07 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-08-07 Respondent's factum, (see order dated March 14, 2001), Completed on: 2001-08-07 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-07-03 Appeal perfected for hearing, Session beginning on 2001-10-01
2001-06-07 Order on motion to extend time
2001-06-06 Decision on motion to extend time, L'HD, to serve and file a notice of intention to intervene on behalf of the Attorney General of Saskatchewan to May 7, 2001, nunc pro tunc.
Granted, no order as to costs
2001-06-06 Submission of motion to extend time, L'HD
2001-05-28 Motion to extend time, to file the notice of intervention to May 7, 2001 - 1 copy, Completed on: 2001-05-28 Attorney General for Saskatchewan
2001-05-24 Decision on motion to extend time, Ma, to serve and file a notice of intervention on behalf of the Attorney General of Ontario to May 10, 2001.
Granted, no order as to costs
2001-05-24 Submission of motion to extend time, Ma
2001-05-17 Response to motion to extend time, Completed on: 2001-05-17 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-05-15 Response to motion to extend time, Completed on: 2001-05-15 Ralph Dick
2001-05-10 Motion to extend time, to file and service the notice of intention to intervene (1 copy), Completed on: 2001-05-10 Attorney General for Ontario
2001-05-10 Notice of intervention respecting a constitutional question Attorney General for Ontario
2001-05-08 Appellant's record, (Joint Appellants' Record) Index Vol. I (Vol. I to XXIV - 12 copies as per decision dated March 14/01), Completed on: 2001-05-08 Ralph Dick
2001-05-08 Appellant's book of authorities, Completed on: 2001-05-08 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-05-08 Appellant's factum, (see decision dated March 14/01) (acknowledgments of service requested for factum, authorities and record - rec'd May 14/01), Completed on: 2001-05-14 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-05-07 Appellant's book of authorities, Completed on: 2001-05-24 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2001-05-07 Appellant's factum, (see order of March 14/01), Completed on: 2001-05-24 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2001-05-07 Notice of intervention respecting a constitutional question, (extension of time requested) Attorney General for Saskatchewan
2001-05-04 Notice of intervention respecting a constitutional question Attorney General of Alberta
2001-04-24 Notice of intervention respecting a constitutional question, (fax copy)(original received on April 27, 2001) Attorney General of British Columbia
2001-04-23 General proceeding, (notice of change of agent from Borden, Ladner to Burke-Robertson) Attorney General of British Columbia
2001-04-05 Notice of constitutional question(s) Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-04-03 Order on motion to state a constitutional question
2001-03-28 Decision on the motion to state a constitutional question, CJ,
1. Can the British Columbia Statute of Limitations, R.S.B.C. 1936 and subsequent enactments and amendments and the British Columbia Limitation Act, R.S.B.C. 1979, together with the Federal Court Act, R.S.C. 1985, c. F-7, particularly s. 39, constitutionally apply to extinguish any right and title of an Indian Band to the Campbell River and Quinsam Indian Reserves in British Columbia, or any right to compensation in lieu of such right or title?

2. Can British Columbia Order in Council No. 1036, dated July 28, 1938, constitutionally apply to alter any pre-existing Band entitlement to the Campbell River and Quinsam Indian Reserves in British Columbia?

Notices of intervention are to be filed on or before May 4, 2001.
Granted, no order as to costs
2001-03-27 Order on miscellaneous motion
2001-03-22 Order on motion for leave to intervene, (by the Court)
2001-03-22 Decision on the motion for leave to intervene, Bi, and extension of time of the GITANMAAX BAND, the GLEN VOWELL BAND and the KISPIOX BAND. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners ( 15 MINUTES ORAL ARGUMENT GRANTED NOV 8, 2001). The interveners are to be limited to the legal issues raised by the parties or that otherwise arise out of the specific subject matter of this appeal. The request by some of the parties to file a reply factum to the factum of the Attorney General of British Columbia is dismissed without prejudice to the renewal of such application after the said intervener's factum has been filed. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions.
Granted, no order as to costs
2001-03-22 Decision on the motion for leave to intervene, Bi, by the ATTORNEY GENERAL OF BRITISH COLUMBIA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners(ORAL ARGUMENT UNDER RULE 18 IS DENIED NOV.8, 2001). The interveners are to be limited to the legal issues raised by the parties or that otherwise arise out of the specific subject matter of this appeal. The request by some of the parties to file a reply factum to the factum of the Attorney General of British Columbia is dismissed without prejudice to the renewal of such application after the said intervener's factum has been filed. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions.
Granted, no order as to costs
2001-03-22 Submission of motion for leave to intervene, Bi
2001-03-14 Order on miscellaneous motion, (revised Mar. 27)
2001-03-14 Decision on miscellaneous motion, Reg, The parties are permitted to serve and file 12 copies of a joint record on or before May 8, 2001. The time to serve and file the appellants' factums and books of authorities is extended to May 8, 2001. The time to serve and file respondents' factums and book of authorities is extended to August 7, 2001.
Allowed in part, no order as to costs
2001-03-14 Submission of miscellaneous motion, Reg
2001-03-13 Affidavit, from John Pollard re: additional information with respect to the extension of time to Sept. 7, 2001. Her Majesty the Queen
2001-03-12 Response to the motion for leave to intervene, (1 copy), Completed on: 2001-03-12 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2001-03-08 Response to the motion for leave to intervene, (5 copies), Completed on: 2001-03-08 Her Majesty the Queen
2001-03-05 Response to the motion for leave to intervene, 5 copies, Completed on: 2001-03-05 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-02-28 Response to miscellaneous motion, (Letter Form), from R. Pollard dated Feb. 27, 2001 (fax copy), Completed on: 2001-02-28 Her Majesty the Queen
2001-02-28 Notice of miscellaneous motion, (to file a joint record, to extend the time to May 8, 2001 and to reduce number of copies to 12 and to file their individual response to the adverse Appellant's factum on Sept. 7, 2001)(original of the affidavit received on March 1, 2001), Completed on: 2001-02-28 Ralph Dick
2001-02-26 Motion for leave to intervene, to file a factum and present oral argument (joint with extension of time) (3 copies of R. Freedman's Affidavit - Marjorie McRae's Affidavit - Maxwell Stevens' s Affidavit and Submissions), Completed on: 2001-03-15 Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
2001-02-14 Submission of motion to state a constitutional question, CJ
2001-02-12 Response to the motion for leave to intervene, Completed on: 2001-02-12 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2001-01-15 Response to the motion for leave to intervene, Completed on: 2001-01-15 Her Majesty the Queen
2001-01-15 Reply to the motion to state a constitutional question, 1 copy, Completed on: 2001-01-15 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-01-12 Reply to the motion to state a constitutional question, (fax copy), Completed on: 2001-01-12 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2001-01-11 Response to the motion to state a constitutional question, (responding to Wewaykai - Cape Mudge) - 5 copies, Completed on: 2001-01-11 Her Majesty the Queen
2001-01-11 Response to the motion to state a constitutional question, (responding to Wewaykum - Campbell River Band) - 5 copies, Completed on: 2001-01-11 Her Majesty the Queen
2001-01-10 Response to the motion for leave to intervene, (fax copy), Completed on: 2001-01-22 Ralph Dick
2001-01-10 Reply to the motion to state a constitutional question, (fax copy), Completed on: 2001-01-22 Daniel Billy, Elmer Dick, Stephen Assu and James D. Wilson, suing on behalf of all other members of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2001-01-08 Response to the motion to state a constitutional question, 1 copy, Completed on: 2001-01-08 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-01-04 Motion to state a constitutional question, Completed on: 2001-01-04 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2001-01-03 Motion for leave to intervene, (joint with 30 pages and 30 minutes in length) - 5 copies, Completed on: 2001-01-09 Attorney General of British Columbia
2001-01-02 Motion to state a constitutional question, 2 copies, Completed on: 2001-01-02 Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
2000-11-22 Appeal court record, (joint with Trial Court record) 15 bundles - 11 boxes - 2 accordion files - 1 map
2000-11-22 Order granting leave to appeal
2000-11-22 Letter acknowledging receipt of notice of appeal
2000-11-22 Letter acknowledging receipt of notice of appeal
2000-11-16 Letter acknowledging receipt of notice of appeal
2000-11-08 Notice of appeal, Completed on: 2000-11-29 Ralph Dick
2000-11-07 Notice of deposit for security, (cancelled on Nov. 15/00 and asked Finance to reimburse Davis & Company - $500.00 not necessary in this matter (F.C.A. - civil matter)) Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2000-11-07 Notice of appeal, Completed on: 2000-11-07 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2000-10-17 Notice of deposit of judgment issued to all parties
2000-10-12 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted.
Granted, no order as to costs
2000-06-05 All materials on application for leave submitted to the Judges, CJ Ia Ma
2000-03-03 Applicant's reply to respondent's argument, (reply to the response of Her Majesty the Queen (re: Campbell River)(see order dated Jan. 6, 2000), Completed on: 2000-03-03 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2000-03-02 Applicant's reply to respondent's argument, (to Her Majesty the Queen)(see order of Jan. 6/00), Completed on: 2000-03-16 Ralph Dick
2000-02-21 Applicant's reply to respondent's argument, (to Campbell River Indian Band), Completed on: 2000-02-24 Ralph Dick
2000-02-21 Applicant's reply to respondent's argument, (to Cape Mudge Indian Band) (acknowledgments of service requested), Incomplete Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2000-02-14 Respondent's response on the application for leave to appeal, (see order of Jan. 6/00), Completed on: 2000-02-18 Ralph Dick
2000-02-14 Respondent's response on the application for leave to appeal, (see order of Jan. 6/00) (to Cape Mudge Band), Completed on: 2000-02-14 Her Majesty the Queen
2000-02-14 Respondent's response on the application for leave to appeal, (see order of Jan. 6/00) (to Campbell River Band), Completed on: 2000-02-14 Her Majesty the Queen
2000-02-14 Respondent's response on the application for leave to appeal, (see order of Jan. 6/00), Completed on: 2000-02-14 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
2000-01-06 Order on motion to extend time
2000-01-06 Decision on motion to extend time, Reg, to serve & file the respondent's response to both applications for leave to appeal to Feb. 14, 2000 and to serve & file the applicants' replies to March 3, 2000.
Granted, no order as to costs
2000-01-06 Submission of motion to extend time, Reg
2000-01-05 Letter acknowledging receipt of a complete application for leave to appeal
1999-12-23 Response to motion to extend time, (from Davis & Co.), Completed on: 1999-12-23 Roy Anthony Roberts
1999-12-23 Motion to extend time, to file the respondent's response to Feb. 14, 2000 and the reply by Cape Mudge Band and the Campbell River Band to March 3, 2000, Completed on: 2000-01-05 Her Majesty the Queen
1999-12-13 Application for leave to appeal, (second application), Completed on: 1999-12-13 Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
1999-12-10 Application for leave to appeal, vol. 1 and 2 (first application), Completed on: 1999-12-23 Ralph Dick