Docket

33581

Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band, et al. v. Attorney General of Canada, 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)
2011-11-17 Appeal closed
2011-11-14 Formal judgment sent to the registrar of the court of appeal and all parties
2011-11-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-11-10 Judgment on the appeal rendered, CJ Bi LeB De Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036098, 2009 BCCA 593, dated December 23, 2009, heard on February 17, 2011, is dismissed without costs.
Dismissed, without costs
2011-07-11 Correspondence received from, C. J. Tobias by fax, re.: the Court requested additional material from Appellants (4 CDs returned to client on June 20/12) Attorney General of Canada
2011-03-11 Transcript received, (76 pages)
2011-02-17 Judgment reserved OR rendered with reasons to follow
2011-02-17 Intervener's condensed book, Submitted in Court (14 copies) Metlakatla Band
2011-02-17 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen in Right of the Province of British Columbia
2011-02-17 Respondent's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2011-02-17 Appellant's condensed book, Submitted in Court (14 copies) Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2011-02-17 Acknowledgement and consent for video taping of proceedings, From all parties
2011-02-17 Hearing of the appeal, 2011-02-17, CJ Bi LeB De Abe Cha Ro
Judgment reserved
2011-02-09 Correspondence received from, Sharlene Telles-Langdon dated February 9, 2011. Re: Time allocation for both respondents Attorney General of Canada
2011-02-07 Correspondence received from, Gowling by e-mail, re.: request for 3 reserved seats at the hearing Metlakatla Band
2011-02-07 Correspondence received from, Vanessa Glasser dated February 7, 2011. Re: Correction to the title of the Attorney General Attorney General of Ontario
2011-02-04 Correspondence received from, Robert Janes dated February 4, 2011. Re: Counsel sheet is correct Te'Mexw Treaty Association
2011-02-03 Correspondence received from, Burke-Robertson by e-mail, re.: request for 5 reserved seats at the hearing Attorney General of Ontario
2011-02-03 Intervener's book of authorities, Completed on: 2011-02-03 Te'Mexw Treaty Association
2011-02-03 Notice of appearance, Malliha Wilson and Michael Burke will be present at the hearing. Attorney General of Ontario
2011-02-02 Notice of appearance, Robert Janes and Sarah Sharp will be present at the hearing. Te'Mexw Treaty Association
2011-02-02 Notice of appearance, David Robbins and Jay Nelson will be present at the hearing. Gitxaala Nation, represented by Chief Elmer Moody, on his own behalf and on behalf of the members of the Gitxaala Nation
2011-02-02 Notice of appearance, Keith Lowes will be present at the hearing. B.C. Wildlife Federation and B.C. Seafood Alliance
2011-02-02 Notice of appearance, Maria Morellato and Cheryl Sharvit will be present at the hearing. Metlakatla Band
2011-02-02 Order by, Cro, FURTHER TO THE ORDER dated December 15, 2010, granting leave to intervene to the Attorney General of Ontario, the Metlakatla Band, the B.C. Wildlife Federation and B.C. Seafood Alliance, the Te'Mexw Treaty Association and the Gitxaala Nation for leave to intervene in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Granted
2011-02-01 Intervener's factum, Completed on: 2011-02-01 Te'Mexw Treaty Association
2011-02-01 Intervener's book of authorities, Completed on: 2011-02-01 Gitxaala Nation, represented by Chief Elmer Moody, on his own behalf and on behalf of the members of the Gitxaala Nation
2011-02-01 Intervener's factum, Completed on: 2011-02-01 Gitxaala Nation, represented by Chief Elmer Moody, on his own behalf and on behalf of the members of the Gitxaala Nation
2011-02-01 Intervener's book of authorities, Completed on: 2011-02-01 Metlakatla Band
2011-02-01 Intervener's factum, Completed on: 2011-02-01 Metlakatla Band
2011-02-01 Intervener's book of authorities, Completed on: 2011-02-01 B.C. Wildlife Federation and B.C. Seafood Alliance
2011-02-01 Intervener's factum, Completed on: 2011-02-01 B.C. Wildlife Federation and B.C. Seafood Alliance
2011-02-01 Notice of appearance, Patrick Foy will be present at the hearing. Her Majesty the Queen in Right of the Province of British Columbia
2011-01-31 Intervener's book of authorities, Completed on: 2011-01-31 Attorney General of Ontario
2011-01-31 Intervener's factum, Completed on: 2011-01-31 Attorney General of Ontario
2011-01-28 Correspondence received from, Jeff Beedell by fax, re.: request of 4 reserved seats at the hearing Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2011-01-27 Notice of appearance, John Rich, Matthew Kirchner and Lisa Glowacki will be present at the hearing. Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2011-01-25 Correspondence received from, C.J. Tobias by fax, re.: request of 1 reserved seat at the hearing Attorney General of Canada
2011-01-25 Notice of appearance, Cheryl Tobias, Sharlene Telles-Langdon and James Mackenzie will be present at the hearing. Attorney General of Canada
2011-01-17 Respondent's book of authorities, Completed on: 2011-01-17 Attorney General of Canada
2011-01-17 Respondent's record, (6 volumes), Completed on: 2011-01-17 Attorney General of Canada
2011-01-17 Respondent's factum, Completed on: 2011-01-17 Attorney General of Canada
2011-01-14 Respondent's book of authorities, Completed on: 2011-01-14 Her Majesty the Queen in Right of the Province of British Columbia
2011-01-14 Respondent's factum, Completed on: 2011-01-14 Her Majesty the Queen in Right of the Province of British Columbia
2011-01-13 Correspondence received from, Jeffrey Beedell dated January 13, 2011. Re: Two typographical errors to be corrected in the Appellants factum (Sent to the Court on January 14, 2011) Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-12-29 Appeal perfected for hearing
2010-12-16 Response to the motion for leave to intervene, (Letter Form), from Sharlene Telles-Langdon dated Dec. 16/10 (by Te'Mexw), Completed on: 2010-12-16 Attorney General of Canada
2010-12-15 Order on motion for leave to intervene, (BY CROMWELL J.)
2010-12-15 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Attorney General of Ontario, the Metlakatla Band, the B.C. Wildlife Federation and B.C. Seafood Alliance and the Gitxaala Nation for leave to intervene in the above appeal;
AND UPON APPLICATION by the Te'Mexw Treaty Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Ontario, the Metlakatla Band, the B.C. Wildlife Federation and B.C. Seafood Alliance and the Gitxaala Nation are granted and the said four interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before February 1, 2011.
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Te'Mexw Treaty Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before February 1, 2011.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2010-12-15 Submission of motion for leave to intervene, Cro
2010-12-10 Response to the motion for leave to intervene, (Letter Form), from Keith J. Phillips dated Dec. 10/10 (by all interveners), Completed on: 2010-12-10 Her Majesty the Queen in Right of the Province of British Columbia
2010-12-09 Correspondence received from, Gowlings (by email) dated Dec. 9/10 re: wants to file a factum and make oral argument if leave to intervene is granted B.C. Wildlife Federation and B.C. Seafood Alliance
2010-12-09 Response to the motion for leave to intervene, (Letter Form), from Jeffrey Beedell dated Dec. 9/10 (by Te'Mexw), Completed on: 2010-12-09 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-12-08 Response to the motion for leave to intervene, (Letter Form), from Sharlene Telles-Langdon dated Dec. 8/10, Completed on: 2010-12-08 Attorney General of Canada
2010-12-08 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2010-12-08 Te'Mexw Treaty Association
2010-12-07 Response to the motion for leave to intervene, (Letter Form), from Jeffrey Beedell dated Dec. 7/10, Completed on: 2010-12-07 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-12-07 Correspondence received from, Gowlings (by email) dated Dec. 7/10 re: wants to file a factum if leave to intervene is granted Metlakatla Band
2010-11-30 Motion for leave to intervene, (bookform), Completed on: 2010-11-30 Gitxaala Nation, represented by Chief Elmer Moody, on his own behalf and on behalf of the members of the Gitxaala Nation
2010-11-30 Motion for leave to intervene, (bookform), Completed on: 2010-11-30 B.C. Wildlife Federation and B.C. Seafood Alliance
2010-11-30 Motion for leave to intervene, (bookform), Completed on: 2010-11-30 Metlakatla Band
2010-11-29 Motion for leave to intervene, (bookform), Completed on: 2010-11-29 Attorney General of Ontario
2010-11-16 Notice of hearing sent to parties
2010-11-16 Appeal hearing scheduled, 2011-02-17, (start time 9:30 am)
Judgment reserved
2010-11-02 Appellant's record, Vol. 1 to 12, Completed on: 2010-11-02 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-11-02 Appellant's book of authorities, Completed on: 2010-11-02 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-11-02 Appellant's factum, Completed on: 2010-11-02 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-08-10 Notice of appeal, Completed on: 2010-08-10 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-06-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-06-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-06-11 Judgment on leave sent to the parties
2010-06-10 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 for British Columbia (Vancouver), Number CA036098, 2009 BCCA 593, dated December 23, 2009, is
granted with costs in the cause.
Granted, with costs in the cause
2010-05-18 Correspondence received from, from J. Beedell dated May 18/10 re: enclosing final C/A Order Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-05-05 Correspondence (sent by the Court) to, J. Beedell re: enclosing a copy of the 2nd revised case summary c.c. to all parties
2010-04-29 Correspondence (sent by the Court) to, J. Beedell re: enclosing a copy of the revised case summary c.c. to all parties
2010-04-22 Correspondence received from, J. Beedell dated April 22/10 re: case summary (by fax) Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-04-19 All materials on application for leave submitted to the Judges, Bi F Ro
2010-03-29 Applicant's reply to respondent's argument, Completed on: 2010-03-30 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-03-19 Book of authorities Attorney General of Canada
2010-03-19 Respondent's response on the application for leave to appeal, Completed on: 2010-03-19 Attorney General of Canada
2010-03-11 Correspondence received from, Matthew Kirchner dated March 3, 2010. Re: Return of the C/A order form Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-02-24 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2010-02-19 Book of authorities Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band
2010-02-19 Application for leave to appeal, C/A order missing - rec'd May 18/10, Completed on: 2010-05-18 Lax Kw'alaams Indian Band, represented by Chief Councillor Garry Reece on his own behalf and on behalf of the members of the Lax Kw'alaams Indian Band