Docket
36779
First Nation of Nacho Nyak Dun, et al. v. Government of Yukon
(Yukon Territory) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-11 | Appeal closed | |
| 2017-12-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-12-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-12-01 | Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Yukon, Number 14-YU752, 2015 YKCA 18, dated November 4, 2015, heard on March 22, 2017, is allowed in part, with costs to the appellants. The trial judge’s order quashing Yukon’s approval of its land use plan is upheld, resulting in the return of the matter to the s. 11.6.3.2 stage of the land use plan approval process. The other parts of the trial judge’s order are set aside. Allowed in part, with costs |
|
| 2017-03-31 | Transcript received, 101 pages | |
| 2017-03-22 | Judgment reserved OR rendered with reasons to follow | |
| 2017-03-22 | Intervener's condensed book, (Book Form), Submitted in Court | Council of Yukon First Nations |
| 2017-03-22 | Intervener's condensed book, (Book Form), Submitted in Court | Gwich'in Tribal Council |
| 2017-03-22 | Respondent's condensed book, (Book Form), Submitted in Court | Government of Yukon |
| 2017-03-22 | Appellant's condensed book, (Book Form), Submitted in Court | First Nation of Nacho Nyak Dun |
| 2017-03-22 | Hearing of the appeal, 2017-03-22, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-03-16 | Correspondence (sent by the Court) to, all parties, re: one of the members of the panel will be participating in the hearing remotely by viewing the live webcast | |
| 2017-03-09 | Notice of appearance, John B. Laskin, John A. Terry, Nick Kennedy and Mark Radke will be present at the hearing. Mr. Laskin will present oral arguments. | Government of Yukon |
| 2017-03-09 | Notice of appearance, Thomas R. Berger, Q.C., Margaret D. Rosling and Micah S. Clark will be present at the hearing. Mr. Berger, Q.C. will present oral arguments. | First Nation of Nacho Nyak Dun |
| 2017-03-08 | Correspondence received from, 1 reserved seat requested | Attorney General of Canada |
| 2017-03-08 | Notice of appearance, John S. Tyhurst will be present at the hearing and will present oral arguments. | Attorney General of Canada |
| 2017-03-07 | Correspondence received from, 8 reserved seats requested. | Gwich'in Tribal Council |
| 2017-03-07 | Notice of appearance, Jeff Langlois and David Wright will be present at the hearing. Mr. Langlois will present oral arguments. | Gwich'in Tribal Council |
| 2017-03-06 | Notice of appearance, Lino Bussoli and Tammy Shoranick will be present at the hearing. Mr. Bussoli will present oral arguments. | Council of Yukon First Nations |
| 2017-02-27 | Order by, MR. JUSTICE ROWE, Row, FURTHER TO THE ORDER dated December 12, 2016, granting leave to intervene to the Attorney General of Canada, Gwich’in Tribal Council and the Council of Yukon First Nations in the above appeal; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2017-02-24 | Intervener's book of authorities, (Book Form), Completed on: 2017-02-24 | Attorney General of Canada |
| 2017-02-24 | Intervener's factum, (Book Form), Covers changed 2017/03/17, Completed on: 2017-02-24 | Attorney General of Canada |
| 2017-02-24 | Intervener's book of authorities, (Book Form), Completed on: 2017-02-24 | Gwich'in Tribal Council |
| 2017-02-24 | Intervener's factum, (Book Form), Completed on: 2017-02-24 | Gwich'in Tribal Council |
| 2017-02-23 | Intervener's factum, (Book Form), Completed on: 2017-02-23 | Council of Yukon First Nations |
| 2017-02-21 | Correspondence received from, 5 reserved seated requested | Council of Yukon First Nations |
| 2017-02-01 | Correspondence received from, 30 reserved seats requested | First Nation of Nacho Nyak Dun |
| 2017-01-23 | Appeal perfected for hearing | |
| 2017-01-19 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-01-19) | Government of Yukon |
| 2017-01-19 | Respondent's book of authorities, (Book Form), Amended version filed on 2017-01-20 (Distributed on 2017-01-26), Completed on: 2017-01-19, (Electronic version filed on 2017-01-19) | Government of Yukon |
| 2017-01-19 | Respondent's record, (Book Form), Completed on: 2017-01-19, (Electronic version filed on 2017-01-19) | Government of Yukon |
| 2017-01-19 | Respondent's factum, (Book Form), Completed on: 2017-01-19, (Electronic version filed on 2017-01-19) | Government of Yukon |
| 2016-12-13 | Correspondence received from, (Letter Form), The appellant; change of co-counsel., (Electronic version filed on 2016-12-13) | First Nation of Nacho Nyak Dun |
| 2016-12-12 | Order on motion to extend time, by Justice Rowe | |
| 2016-12-12 | Decision on motion to extend time, Row Granted |
|
| 2016-12-12 | Submission of motion to extend time, Row | |
| 2016-12-12 | Order on motion for leave to intervene, by Justice Rowe | |
| 2016-12-12 | Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Gwich’in Tribal Council, the Council of Yukon First Nations and the Te’mexw Treaty Association for leave to intervene in the above appeal; AND UPON APPLICATION by the Attorney General of Canada for an extension of time to serve and file a motion 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 motion for an extension of time is granted. The motions for leave to intervene by the Attorney General of Canada, Gwich’in Tribal Council and the Council of Yukon First Nations are granted and the said three (3) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before February 24, 2017. The motion for leave to intervene by the Te’mexw Treaty Association is dismissed. The decision with respect to the requests to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not 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 respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Allowed in part |
|
| 2016-12-12 | Submission of motion for leave to intervene, Row | |
| 2016-12-09 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-12-09 | Te'mexw Treaty Association |
| 2016-12-05 | Correspondence received from, Marie-France Major dated 2016-12-05. Re: Te'mexw Treaty Association was served with response to their motion on 2016-12-05 | Government of Yukon |
| 2016-11-28 | Notice of hearing sent to parties | |
| 2016-11-25 | Order on motion to extend time, by THE REGISTRAR | |
| 2016-11-25 | Decision on motion to extend time, Reg, UPON APPLICATION by the respondent for an order extending the time to serve and file its factum, record and book of authorities to January 20, 2017; AND THE MATERIAL FILED having been read; AND NOTING THAT the appellants consent to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-11-25 | Submission of motion to extend time, Reg | |
| 2016-11-25 | Response to the motion for leave to intervene, Response to Te'mexw Treaty Association, Completed on: 2016-11-25 | Government of Yukon |
| 2016-11-23 | Response to the motion for leave to intervene, Completed on: 2016-11-23, (Printed version filed on 2016-11-23) | Government of Yukon |
| 2016-11-22 | Motion to extend time, (Letter Form), To file and serve the respondent's documents (with consent), Completed on: 2016-11-23 | Government of Yukon |
| 2016-11-17 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), To file and serve the motion for leave to intervene. , Completed on: 2016-11-17, (Electronic version filed on 2016-11-17) | Attorney General of Canada |
| 2016-11-17 | Motion for leave to intervene, (Book Form), Completed on: 2016-11-17, (Electronic version filed on 2016-11-17) | Attorney General of Canada |
| 2016-11-16 | Motion for leave to intervene, (Book Form), Completed on: 2016-11-16 | Te'mexw Treaty Association |
| 2016-11-16 | Appeal hearing scheduled, 2017-03-22 Judgment reserved |
|
| 2016-11-15 | Motion for leave to intervene, (Book Form), Completed on: 2016-11-15 | Gwich'in Tribal Council |
| 2016-11-15 | Notice of name | Council of Yukon First Nations |
| 2016-11-15 | Motion for leave to intervene, (Book Form), Completed on: 2016-11-15 | Council of Yukon First Nations |
| 2016-10-19 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-10-19) | First Nation of Nacho Nyak Dun |
| 2016-10-19 | Appellant's book of authorities, (Book Form), Completed on: 2016-10-19, (Electronic version filed on 2016-10-19) | First Nation of Nacho Nyak Dun |
| 2016-10-19 | Appellant's record, (Book Form), (11 volumes), Completed on: 2016-10-19, (Electronic version filed on 2016-10-19) | First Nation of Nacho Nyak Dun |
| 2016-10-19 | Appellant's factum, (Book Form), Completed on: 2016-10-19, (Electronic version filed on 2016-10-19) | First Nation of Nacho Nyak Dun |
| 2016-07-29 | Notice of appeal, (Letter Form), Completed on: 2016-07-29, (Printed version filed on 2016-07-29) | First Nation of Nacho Nyak Dun |
| 2016-06-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-06-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-06-10 | Judgment on leave sent to the parties | |
| 2016-06-09 | Judgment of the Court on the application for leave to appeal, The motion for leave to intervene by the Gwich’in Tribal Council is dismissed, without prejudice to its right to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal of the Yukon Territory, Number 14-YU752, 2015 YKCA 18, dated November 4, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-06-09 | Decision on motion for leave to intervene, See judgment on leave application. Dismissed |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-02-29 | Submission of motion for leave to intervene, CJ Mo Ga | |
| 2016-02-18 | Response to the motion for leave to intervene, Completed on: 2016-02-18 | First Nation of Nacho Nyak Dun |
| 2016-02-18 | Applicant's reply to respondent's argument, Completed on: 2016-02-18 | First Nation of Nacho Nyak Dun |
| 2016-02-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-02-17 | Government of Yukon |
| 2016-02-08 | Motion for leave to intervene, Completed on: 2016-02-08 | Gwich'in Tribal Council |
| 2016-02-08 | Certificate (on limitations to public access) | Government of Yukon |
| 2016-02-08 | Respondent's response on the application for leave to appeal, Completed on: 2016-02-08 | Government of Yukon |
| 2016-01-22 | Correspondence received from, Patricia Riley dated 2016-01-22. Re: Return of the C/A order form | First Nation of Nacho Nyak Dun |
| 2015-12-24 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2015-12-24 | |
| 2015-12-23 | Certificate (on limitations to public access) | First Nation of Nacho Nyak Dun |
| 2015-12-23 | Application for leave to appeal, C/A order missing - Rec'd on 2016-04-28, Completed on: 2016-04-29 | First Nation of Nacho Nyak Dun |
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