Docket

28988

Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests v. Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band, et al.

(British Columbia) (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)
2004-06-09 Record returned to the Registrar of the Court of Appeal
2003-12-18 Appeal closed
2003-12-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-12-12 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA27594 and CA27595, dated November 5, 2001, heard on June 9, 2003 is dismissed with costs, Iacobucci, Major and Bastarache JJ. dissenting.
Dismissed, with costs
2003-06-25 Transcript received, 119 pages (related to 28981)
2003-06-25 Decision on motion to extend time, to serve and file the intervener, A.G. Qc's book of authorities to May 23/03, Reg
Granted
2003-06-25 Submission of motion to extend time, Reg
2003-06-25 Order on motion to extend time
2003-06-25 Decision on motion to extend time, to serve and file the interveners, Songhees Indian Band, et al, book of authorities to May 28/03, Reg
Granted
2003-06-25 Submission of motion to extend time, Reg
2003-06-18 Response to motion to extend time, (Letter Form), from Burke-Robertson dated June 18, 2003 (via e-mail)(joint with 28981 re: extension by A.G. Quebec, Completed on: 2003-06-18 Attorney General of New Brunswick
2003-06-09 Acknowledgement and consent for video taping of proceedings, (Joint with 28981)
2003-06-09 Judgment reserved OR rendered with reasons to follow, (Joint with 28981)
2003-06-09 Hearing of the appeal, 2003-06-09, (Joint with 28981)
(V056-057), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2003-06-09 Respondent's condensed book, (Joint with 28981) Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-06-09 Appellant's condensed book, (Joint with 28981) Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-06-04 Notice of appearance, (Joint with 28981) Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-06-04 Order by, Ma, IT IS HEREBY ORDERED THAT the following interveners are granted permission to present oral argument at the hearing of the appeal not to exceed the time allowed respectively to each of them as follows:
- Attorney General of Canada 15 minutes;
- Attorney General of Ontario 10 minutes;
- Attorney General of Quebec 10 minutes;
- Songhees Indian Band, et al 10 minutes;
- Roger William 10 minutes
IT IS HEREBY FURTHER ORDERED THAT oral argument is denied to the following interveners: the Attorney General of New Brunswick, the Attorney General of British Columbia and the Attorney General of Alberta.
Allowed in part
2003-06-03 Correspondence received from, (joint with 28981) Attorney General of British Columbia
2003-05-30 Response to motion to extend time, (back cover page - joint with 28981), Completed on: 2003-05-30 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-05-30 Motion to extend time, to serve and file the Book of Authorities to May 28/03 (joint with 28981), Completed on: 2003-05-30 Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian (collectively the "Te’mexw Nations")
2003-05-30 Intervener's factum, (Joint with 28981), Completed on: 2003-05-30 Attorney General of Ontario
2003-05-30 Book of authorities, (Joint with 28981), Completed on: 2003-05-30 Attorney General of Ontario
2003-05-29 Response to motion to extend time, (by e-mail - joint with 28981), Completed on: 2003-05-29 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-05-29 Motion to extend time, to serve and file the authorities to May 23/03 (joint with 28981), Completed on: 2003-05-29 Attorney General of Quebec
2003-05-27 Notice of appearance, (Joint with 28981) Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-05-26 Order on motion for leave to intervene, (BY MAJOR J.)
2003-05-26 Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the Attorney General of Canada is granted and the applicant shall be entitled to serve and a single factum not to exceed 20 pages in length in the two appeals.
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.
The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention.
Granted
2003-05-23 Book of authorities, (joint with 28981 and extension of time requested), Completed on: 2003-05-29 Attorney General of Quebec
2003-05-22 Submission of motion for leave to intervene, Ma
2003-05-22 Notice of withdrawal Attorney General for Saskatchewan
2003-05-21 Intervener's factum, (joint with 28981), Completed on: 2003-05-21 Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian (collectively the "Te’mexw Nations")
2003-05-21 Book of authorities, (Joint with 28981), Completed on: 2003-05-21 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation
2003-05-21 Intervener's factum, (Joint with 28981), Completed on: 2003-05-21 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation
2003-05-21 Book of authorities, (Joint with 28981), Completed on: 2003-05-21 Attorney General of Alberta
2003-05-21 Intervener's factum, (Joint with 28981), Completed on: 2003-05-21 Attorney General of Alberta
2003-05-21 Intervener's factum, (joint with 28981), Completed on: 2003-05-21 Attorney General of Quebec
2003-05-21 Book of authorities, (joint with 28981 - 13 copies rec'd May 20/03 14th copy with service rec'd May 21/03), Completed on: 2003-05-21 Attorney General of New Brunswick
2003-05-20 Intervener's factum, (joint with 28981), Completed on: 2003-05-20 Attorney General of New Brunswick
2003-05-15 Order on motion for leave to intervene, (BY MAJOR J.)
2003-05-15 Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the Attorney General of Ontario is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 30, 2003.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention.
Granted
2003-05-15 Submission of motion for leave to intervene, Ma
2003-05-14 Appellant's book of authorities, (joint with 28981 re: authorities REPLY FACTUM), Completed on: 2003-05-14 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-05-14 Reply factum on appeal, Completed on: 2003-05-14 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-05-14 Notice of withdrawal Attorney General of Manitoba
2003-05-14 Correspondence (sent by the Court) to, all parties re: abandonment of const. questions - the interveners, who have filed notices of intervention under Rule 61 need not seek leave to intervene under Rule 59. Court is prepared to received submissions by parties on the const. questions as stated
2003-05-09 Order on motion for leave to intervene, (BY CHIEF JUSTICE)
2003-05-09 Decision on the motion for leave to intervene, CJ, The motion for leave to intervene of the applicant, Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation is granted, and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The factum shall be served and filed no later than May 21, 2003.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Granted
2003-05-09 Correspondence received from, M. Unsworth dated May 9, 2003 (fax copy) re: abandonment of const. questions (joint with 28981) Attorney General of Alberta
2003-05-07 Correspondence received from, G. Bourgeois dated May 7, 2003 (fax copy) re: notice of abandonment of const. questions (joint with 28981) - sent to the judges on May 8, 2003 Attorney General of New Brunswick
2003-05-06 Discontinuance of motion to state a constitutional question, (joint with 28981 - sent to the judges May 7/03) Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-05-06 Response to the motion for leave to intervene, P. Foy dated May 6, 2003 (fax copy) re: intervention by A.G. Canada (joint with 28981) - conditional, Completed on: 2003-05-06 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-05-06 Response to the motion for leave to intervene, (Letter Form), from P. Foy dated May 6, 2003 (fax copy) re: intervention by A.G. Ontario (joint with 28981), Completed on: 2003-05-06 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-05-06 Appeal court record, (1 envelope - joint with 28981)
2003-05-05 Motion for leave to intervene, (under Rule 55)(joint with 28981 and 29292) - book form, Completed on: 2003-05-05 Attorney General of Ontario
2003-04-30 Respondent's book of authorities, (Joint with 28981), Completed on: 2003-04-30 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-04-30 Respondent's factum, Completed on: 2003-04-30 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-04-30 Respondent's record, Completed on: 2003-04-30 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-04-29 Motion for leave to intervene, (under rule 55)(joint with 28981), Completed on: 2003-05-05 Attorney General of Canada
2003-04-28 Order on motion for leave to intervene
2003-04-28 Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicants Songhees Indian Band, the T'Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band are granted and the applicants shall be entitled to serve and file one factum not to exceed 15 pages in length in the two appeals.
Granted
2003-04-28 Submission of motion for leave to intervene, De
2003-04-24 Submission of motion for leave to intervene, CJ
2003-04-09 Appellant's book of authorities, Vol. I to IV (joint with 28981), Completed on: 2003-04-14 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-04-09 Appellant's record, Completed on: 2003-04-14 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-04-09 Appellant's factum, Completed on: 2003-04-14 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-04-07 Motion for leave to intervene, (joint with misc. motion filed in 29292), Completed on: 2003-04-07 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation
2003-04-04 Response to the motion for leave to intervene, from Gowlings dated April 4, 2003 (via e-mail)(joint with 28981), Completed on: 2003-04-04 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-04-01 General proceeding, memorandum of argument for intervention (joint with 28981) Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian (collectively the "Te’mexw Nations")
2003-03-27 Response to the motion for leave to intervene, (joint with 28981), Completed on: 2003-03-27 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-03-17 Motion for leave to intervene, (joint with 28981), Completed on: 2003-03-17 Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian (collectively the "Te’mexw Nations")
2003-03-17 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2003-03-17 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2003-03-17 Notice of intervention respecting a constitutional question Attorney General of Quebec
2003-03-17 Notice of hearing sent to parties
2003-03-14 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2003-03-14 Notice of intervention respecting a constitutional question Attorney General of Canada
2003-03-13 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2003-03-12 Notice of intervention respecting a constitutional question Attorney General of Ontario
2003-03-11 Notice of intervention respecting a constitutional question Attorney General of Alberta
2003-03-11 Appeal perfected for hearing, Session beginning on 2003-04-07
2003-03-11 Appeal hearing scheduled, 2003-06-09, (Joint with 28981)
Judgment reserved
2003-03-06 Order on miscellaneous motion, (BY CHIEF JUSTICE)
2003-03-06 Decision on miscellaneous motion, CJ, UPON APPLICATION by counsel for the Respondents for an order to set a filing schedule so that the appeal may proceed as tentatively set for June 9, 2003 and for an order abridging the time for responding to this motion;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
1. The application to set a filing schedule is granted in part;
2. The time to serve and file the Appellant's record, factum and book of authorities in each of the appeals is abridged to April 9, 2003;
3. The time to serve and file the Respondents' record, factum and book of authorities in each of the appeals is abridged to April 30, 2003;
4. The time to serve and file the factum of the Interveners pursuant to Rule 61 of the Rules of the Supreme Court, if any, is abridged to May 21, 2003;
5. The application for an order abridging the time for responding to the motion is denied.
Allowed in part
2003-03-05 Correspondence (sent by the Court) to, Mr. Mark Crow,by fax, from the Registrar, dated March 5/03 RE: Permission to be involved with A.G. Ontario, granted
2003-03-04 Submission of miscellaneous motion, CJ
2003-03-03 Correspondence received, from Mr. Mark Crow, dated March 3/03 RE: Permission to be involved with A.G. Ontario
2003-02-28 Response to miscellaneous motion, book form (joint with 28981), Completed on: 2003-02-28 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-02-25 Notice of miscellaneous motion, (to set the hearing of this appeal for June 9, 2003 and to abridge time for responding to this motion)(joint with 28981), Completed on: 2003-02-25 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2003-02-20 Notice of constitutional question(s) Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2003-02-17 Order on motion to state a constitutional question
2003-02-13 Decision on the motion to state a constitutional question, INTERVENTIONS BY MARCH 17, 2003, CJ, 1. Is Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, inconsistent with the respondents' rights under s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances of this case?

2. Is a common law rule to the effect that, subject to the court's discretion, a prevailing party is entitled to its costs of a proceeding only at the conclusion of the proceeding, inconsistent with the respondents' rights under s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances of this case?

3. Is Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, inconsistent with a right of access to justice protected by the Preamble of the Canadian Charter of Rights and Freedoms and therefore constitutionally inapplicable to the respondents in the circumstances of this case?

4. Is a common law rule to the effect that, subject to the court's discretion, a prevailing party is entitled to its costs of a proceeding only at the conclusion of the proceeding, inconsistent with a right of access to justice protected by the Preamble of the Canadian Charter of Rights and Freedoms and therefore constitutionally inapplicable to the respondents in the circumstances of this case?
Allowed in part
2003-01-27 Submission of motion to state a constitutional question, CJ
2002-11-27 Response to the motion to state a constitutional question, Completed on: 2002-11-29 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-11-27 Correspondence received from, (by fax) Patrick Foy; re: tentatively set down for June 9-10/03 to be heard with 29292 - 28981 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-11-18 Motion to state a constitutional question, Completed on: 2002-11-18 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2002-11-18 Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 9/03)
2002-10-28 Notice of appeal, Completed on: 2002-10-28 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-10-18 Judgment on leave sent to the parties
2002-10-17 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA27595, dated November 5, 2001, is granted.
Granted
2002-08-08 Correspondence received from, Robert J.C. Deane (by fax) dated August 8/02 to confirm that he does not object the Tsilhqot'in judgment being placed before the panel (joint with 28981)(sent to panel Aug. 13/02) Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-07-31 Supplemental document, copy of a B.C. Court of Appeal judgment in Tsilhqot'in Nation v. Canada (Attorney General) (joint with 28981)(sent to panel Aug. 13/02) Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2002-07-02 All materials on application for leave submitted to the Judges, CJ Ia Arb
2002-03-18 Bill of costs, (settled - do not tax), Completed on: 2002-03-18 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2002-03-06 Applicant's reply to respondent's argument, Completed on: 2002-03-06 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-02-27 Respondent's response on the application for leave to appeal, Completed on: 2002-02-27 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
2002-02-13 Letter acknowledging receipt of a complete application for leave to appeal, (revised sent on July 3, 2002 re: style of cause)
2002-02-12 Application for leave to appeal, (previously filed on Dec. 24, 2001, see order of Major J. of Feb 7), Completed on: 2002-02-13 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-02-07 Order on motion to strike out, (by the Court)
2002-02-07 Decision on motion to strike out, Ma, 1. The motion to strike the affidavit of Joseph Whiteside filed in support of the application for leave to appeal is granted with costs;

2. The respondent shall have 15 days from the date the revised application for leave to appeal is refiled to serve and file its response to the leave application.

Granted, with costs
2002-02-06 Submission of motion to strike out, Ma
2002-01-25 Response to motion to strike out, (bookform)(joint with 28981)(joint with response to extension of time), Completed on: 2002-01-25 Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
2002-01-18 Motion to strike out, the affidavit of Joseph Whiteside dated Dec. 20/01 (bookform)(joint with motion to extend time to file the Respondent's response), Completed on: 2002-01-18 Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band