Docket

36983

Williams Lake Indian Band v. Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada

(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)
2018-02-07 Appeal closed
2018-02-05 Formal judgment sent to the registrar of the court of appeal and all parties
2018-02-05 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-02-02 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Federal Court of Appeal, Number A-168-14, 2016 FCA 63, dated February 29, 2016, heard on April 26, 2017, is allowed and the Specific Claims Tribunal’s decision is restored. The appellant is entitled to costs in this Court and in the Federal Court of Appeal. The matter of costs before the Tribunal will be for the Tribunal to determine as part of the compensation phase of its proceedings. Côté and Rowe JJ. dissent in part. McLachlin C.J. and Brown J. dissent.
Allowed, with costs
2017-05-11 Transcript received, 132 pages
2017-04-26 Judgment reserved OR rendered with reasons to follow
2017-04-26 Hearing of the appeal, 2017-04-26, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-04-26 Intervener's condensed book, (Book Form), 14 copies (Submitted in courtroom). Assembly of First Nations of Quebec and Labrador
2017-04-26 Intervener's condensed book, (Book Form), 14 copies (Submitted in courtroom). Assembly of Manitoba Chiefs
2017-04-26 Respondent's condensed book, (Book Form), 14 copies (Submitted in courtroom). Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-04-25 Appellant's condensed book, (Book Form), 14 copies (Submitted in courtroom)., (Electronic version filed on 2017-04-25) Williams Lake Indian Band
2017-04-21 Correspondence received from, (Letter Form), Moira Dillon (by email). Letter explaining the corrections made to pages 11 and 12 of the factums (Table of authorities) (DISTRIBUTED 2017-04-21)., (Electronic version filed on 2017-04-21) Indigenous Bar Association in Canada
2017-04-20 Correspondence received from, (Letter Form), Sharlene Telles-Langdon (by email). Letter explaining the corrections in pages 4 and 5 of the factum (DISTRIBUTED 2017-04-21), (Electronic version filed on 2017-04-20) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-04-19 Correspondence received from, (Letter Form), Clarine Ostrove (by hand). Letter regarding the revision of the factum and book of authorities (Distributed on 2017-04-20)., (Electronic version filed on 2017-04-19) Williams Lake Indian Band
2017-04-19 Certificate (on limitations to public access), (Letter Form), Revised version filed 2017-04-19, (Electronic version filed on 2017-04-19) Specific Claims Tribunal
2017-04-19 Intervener's book of authorities, (Book Form), Completed on: 2017-04-19, (Electronic version filed on 2017-04-19) Specific Claims Tribunal
2017-04-19 Intervener's factum, (Book Form), Completed on: 2017-04-19, (Electronic version filed on 2017-04-19) Specific Claims Tribunal
2017-04-18 Correspondence received from, (Letter Form), Moira Dillon (by email). The reserved seats assigned to the intervener are given to the appellant. Indigenous Bar Association in Canada
2017-04-18 Intervener's book of authorities, (Book Form), Proof of service missing (received 2017-04-20), Completed on: 2017-04-20, (Electronic version filed on 2017-04-18) Assembly of First Nations
2017-04-18 Intervener's factum, (Book Form), Proof of service missing (received 2017-04-20), Completed on: 2017-04-20, (Electronic version filed on 2017-04-18) Assembly of First Nations
2017-04-18 Intervener's book of authorities, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Cowichan Tribes, Stz'uminus First Nation, Penelakut and Halalt First Nation
2017-04-18 Intervener's factum, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Cowichan Tribes, Stz'uminus First Nation, Penelakut and Halalt First Nation
2017-04-18 Intervener's book of authorities, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-04-18 Intervener's factum, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-04-18 Intervener's book of authorities, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Indigenous Bar Association in Canada
2017-04-18 Intervener's factum, (Book Form), Revised pages 11 and 12 received on 2017-04-21 (inserted in books)., Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Indigenous Bar Association in Canada
2017-04-18 Intervener's book of authorities, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Assembly of Manitoba Chiefs
2017-04-18 Intervener's factum, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Assembly of Manitoba Chiefs
2017-04-18 Intervener's book of authorities, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Assembly of First Nations of Quebec and Labrador
2017-04-18 Intervener's factum, (Book Form), 2 translated copies filed on 2017-04-24., Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Assembly of First Nations of Quebec and Labrador
2017-04-18 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-04-18) Federation of Sovereign Indigenous Nations
2017-04-18 Intervener's factum, (Book Form), Completed on: 2017-04-18, (Electronic version filed on 2017-04-18) Federation of Sovereign Indigenous Nations
2017-04-13 Correspondence received from, (Letter Form), Dawn Misner (by email). Nicole Wong Tomchuk will act as agent in that file. , (Electronic version filed on 2017-04-13) Federation of Sovereign Indigenous Nations
2017-04-13 Notice of appearance, (Letter Form), Senwung Luk,Krista Nerland and Cathy Guirguis will be appearing. Mr. Luk will present oral argument. Assembly of Manitoba Chiefs
2017-04-12 Notice of appearance, (Letter Form), David Schulze, Benoît Amyot, Léonie Boutin and Marie-Eve Dumont will be appearing. Mr. Schulze will present oral argument. Assembly of First Nations of Quebec and Labrador
2017-04-12 Notice of appearance, (Letter Form), Paul Cavalluzzo, Adrienne Telford and Jennifer Campbell will be appearing. Mr. Cavalluzzo will present oral argument. Specific Claims Tribunal
2017-04-12 Notice of appearance, (Letter Form), Stuart Wuttke and David Nahwegahbow will be appearing. Mr. Wuttke will present oral argument. (Request for 4 reserved seats) Assembly of First Nations
2017-04-12 Notice of appearance, (Letter Form), Scott Robertson and Chris Albinati will be appearing. Mr. Robertson will present oral argument. (Request for 3 reserved seats) Indigenous Bar Association in Canada
2017-04-11 Order by, Ka, UPON REQUEST by the intervener, the Specific Claims Tribunal, for permission to file its factum, record and book of authorities on April 19, 2017;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the appellant and respondent consent to the request;
IT IS HEREBY ORDERED THAT:
The request is granted.
Granted
2017-04-11 Notice of appearance, (Letter Form), Rosanne Kyle will appear and present oral argument. Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-04-11 Correspondence received from, (Letter Form), Cynthia Westaway (by email). Ms. Westaway act as agent for the intervener. , (Electronic version filed on 2017-04-11) Federation of Sovereign Indigenous Nations
2017-04-11 Notice of appearance, (Letter Form), Cynthia Westaway and Darryl Korell will be appearing. Ms. Westaway will be presenting oral argument. Federation of Sovereign Indigenous Nations
2017-04-11 Notice of appearance, (Letter Form), Clarine Ostrove and Leah Pence will be appearing. Ms. Ostrove will present oral argument. Williams Lake Indian Band
2017-04-10 Notice of appearance, (Letter Form), Mark Kindrachuk, Q.C. and Sharlene Telles-Longdon will be appearing. Both counsel will present oral argument. (Request for 4 reserved seats) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-04-10 Notice of appearance, (Letter Form), David M. Robbins, Sonya Morgan and Michael Bendle will be appearing. Mr. Robbins will present oral argument. Cowichan Tribes, Stz'uminus First Nation, Penelakut and Halalt First Nation
2017-04-10 Appeal perfected for hearing
2017-04-10 Correspondence received from, (Letter Form), Karen Collins (by email). Request for 2 reserved seats. Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-04-06 Respondent's book of authorities, (Book Form), Completed on: 2017-04-07, (Electronic version filed on 2017-04-06) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-04-06 Respondent's factum, (Book Form), 1 copy missing (received 2017-04-07). Corrected pages 4 and 5 received on 2017-04-20 (inserted in books)., Completed on: 2017-04-10, (Electronic version filed on 2017-04-06) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-04-05 Correspondence received from, (Letter Form), Marie-Eve Dumont (by mail). Request for 7 supplemental reserved seats. Assembly of First Nations of Quebec and Labrador
2017-04-05 Correspondence received from, (Letter Form), Mark Kindrachuk, Q.C. (by email). Consent to the request made by the Specific Claims Tribunal., (Electronic version filed on 2017-04-05) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-04-05 Correspondence received from, (Letter Form), Clarine Ostrove (by email). Consent to the request made by the Specific Claims Tribunal., (Electronic version filed on 2017-04-05) Williams Lake Indian Band
2017-04-05 Correspondence received from, (Letter Form), Paul J.J. Cavalluzzo (by email). Letter regarding the filing of the intervener factum., (Electronic version filed on 2017-04-05) Specific Claims Tribunal
2017-04-05 Correspondence received from, (Letter Form), Guy Régimbald (by email). Request for 20 reserved seats. Williams Lake Indian Band
2017-03-31 Order on motion for leave to intervene, (by JUSTICE KARAKATSANIS)
2017-03-31 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Specific Claims Tribunal; the Assembly of Manitoba Chiefs; the Federation of Sovereign Indigenous Nations; the Indigenous Bar Association in Canada; the Assembly of First Nations; the Tk’emlúps Te Secwépemc and Okanagan Indian Band (jointly); the Union of British Columbia Indian Chiefs, the Nlaka’pamux Nation Tribal Council, the Stó:lo Nation, the Stó:lo Tribal Council and the Carrier Sekani Tribal Council (jointly); the Kwakiutl Indian Band; the Qayqayt First Nation; the Assembly of First Nations of Quebec and Labrador; and the Cowichan Tribes, the Stz’uminus First Nation and the Penelakut and Halalt First Nation (jointly) 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 Assembly of Manitoba Chiefs; the Federation of Sovereign Indigenous Nations; the Indigenous Bar Association in Canada; the Assembly of First Nations; the Union of British Columbia Indian Chiefs, the Nlaka’pamux Nation Tribal Council, the Stó:lo Nation, the Stó:lo Tribal Council and the Carrier Sekani Tribal Council (jointly); the Assembly of First Nations of Quebec and Labrador; and the Cowichan Tribes, the Stz’uminus First Nation, the Penelakut Tribe and the Halalt First Nation (jointly) are granted and the said seven (7) interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before April 18, 2017.
The motion for leave to intervene of the Specific Claims Tribunal is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before April 18, 2017. The factum may set out submissions relating to the Tribunal’s history, mandate, process, expertise and the standard of review; however, it should not make arguments in support of the merits of the decision under appeal.
The said eight (8) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The motions for leave to intervene of the Tk’emlúps Te Secwépemc and Okanagan Indian Band (jointly); the Kwakiutl Indian Band and the Qayqayt First Nation are dismissed.
The respondent’s request to serve and file a factum in reply to the interveners’ factums is denied.
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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
Allowed in part
2017-03-31 Submission of motion for leave to intervene, Ka
2017-03-22 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-22, (Electronic version filed on 2017-03-22) Assembly of First Nations
2017-03-22 Reply to the motion for leave to intervene, (Book Form), Completed on: 2017-03-22, (Electronic version filed on 2017-03-22) Tk'emlúps Te Secwépemc and Okanagan Indian Band
2017-03-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-20, (Electronic version filed on 2017-03-20) Cowichan Tribes, Stz'uminus First Nation, Penelakut and Halalt First Nation
2017-03-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-20, (Electronic version filed on 2017-03-20) Qayqayt First Nation
2017-03-20 Reply to the motion for leave to intervene, (Letter Form), Proof of service missing (received 2017-03-22), Completed on: 2017-03-22, (Electronic version filed on 2017-03-20) Assembly of First Nations of Quebec and Labrador
2017-03-20 Reply to the motion for leave to intervene, (Letter Form), proof of service to come (received 2017-03-21), Completed on: 2017-03-20, (Printed version filed on 2017-03-20) Specific Claims Tribunal
2017-03-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-20 Federation of Sovereign Indigenous Nations
2017-03-17 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-17 Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-03-16 Response to the motion for leave to intervene, (Book Form), Response to Specific Claims Tribunal of Canada, Completed on: 2017-03-16, (Printed version filed on 2017-03-17) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-03-16 Response to the motion for leave to intervene, Completed on: 2017-03-16 Williams Lake Indian Band
2017-03-16 Response to the motion for leave to intervene, Completed on: 2017-03-16 Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2017-03-14 Notice of name, (Letter Form) Assembly of First Nations
2017-03-14 Notice of name, (Letter Form) Indigenous Bar Association in Canada
2017-03-14 Notice of name, (Letter Form) Tk'emlúps Te Secwépemc and Okanagan Indian Band
2017-03-10 Notice of name, (Letter Form), (Electronic version filed on 2017-03-10) Cowichan Tribes, Stz'uminus First Nation, Penelakut and Halalt First Nation
2017-03-10 Motion for leave to intervene, (Book Form), Completed on: 2017-03-10, (Electronic version filed on 2017-03-10) Cowichan Tribes, Stz'uminus First Nation, Penelakut and Halalt First Nation
2017-03-10 Notice of name Kwakiutl Indian Band
2017-03-10 Motion for leave to intervene, (Book Form), Completed on: 2017-03-10 Kwakiutl Indian Band
2017-03-10 Notice of name Qayqayt First Nation
2017-03-10 Motion for leave to intervene, (Book Form), Completed on: 2017-03-10 Qayqayt First Nation
2017-03-10 Correspondence received from, 6 additional reserved seats requested Williams Lake Indian Band
2017-03-10 Notice of name, (Letter Form) Assembly of First Nations of Quebec and Labrador
2017-03-10 Intervener's book of authorities, (Book Form), Completed on: 2017-03-10 Assembly of First Nations of Quebec and Labrador
2017-03-10 Motion for leave to intervene, (Book Form), Completed on: 2017-03-10 Assembly of First Nations of Quebec and Labrador
2017-03-10 Notice of name, (Letter Form) Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-03-10 Motion for leave to intervene, (Book Form), Completed on: 2017-03-10 Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Stó:lo Nation, Stó:lo Tribal Council and Carrier Sekani Tribal Council
2017-03-10 Intervener's book of authorities, (Book Form), Completed on: 2017-03-10 Tk'emlúps Te Secwépemc and Okanagan Indian Band
2017-03-10 Motion for leave to intervene, (Book Form), Completed on: 2017-03-10 Tk'emlúps Te Secwépemc and Okanagan Indian Band
2017-03-10 Motion for leave to intervene, (Letter Form), Completed on: 2017-03-10 Assembly of First Nations
2017-03-10 Motion for leave to intervene, (Letter Form), Completed on: 2017-03-10 Indigenous Bar Association in Canada
2017-03-10 Notice of name, (Letter Form) Specific Claims Tribunal
2017-03-09 Notice of name, (Letter Form) Federation of Sovereign Indigenous Nations
2017-03-09 Motion for leave to intervene, (Book Form), Completed on: 2017-03-09 Federation of Sovereign Indigenous Nations
2017-03-09 Notice of name, (Letter Form) Assembly of Manitoba Chiefs
2017-03-09 Motion for leave to intervene, (Book Form), Completed on: 2017-03-09 Assembly of Manitoba Chiefs
2017-03-09 Motion for leave to intervene, (Book Form), Electronic copy rec'd 2017/03/10, Completed on: 2017-03-10 Specific Claims Tribunal
2017-03-08 Correspondence received from, (Letter Form), Clarine Ostrove (by fax). Letter regarding the counsel that will be present at the hearing. , (Electronic version filed on 2017-03-08) Williams Lake Indian Band
2017-02-22 Notice of hearing sent to parties
2017-02-21 Appeal hearing scheduled, 2017-04-26, (Previously scheduled for April 27, 2017)
Judgment reserved
2017-02-17 Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date.
2017-02-09 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-02-09) Williams Lake Indian Band
2017-02-09 Appellant's book of authorities, (Book Form), Proof of service missing (received on 2017-02-16). REVISED version filed 2017-04-19 (Distributed on 2017-04-20)., Completed on: 2017-02-16, (Electronic version filed on 2017-02-09) Williams Lake Indian Band
2017-02-09 Appellant's record, (Book Form), Parts II, III and IV filed electronicaly only (Pursuant to rule 38.1(1))., Completed on: 2017-02-10, (Electronic version filed on 2017-02-09) Williams Lake Indian Band
2017-02-09 Appellant's factum, (Book Form), Proof of service missing (received on 2017-02-16). REVISED version filed 2017-04-19 (Distributed on 2017-04-20)., Completed on: 2017-02-16, (Electronic version filed on 2017-02-09) Williams Lake Indian Band
2016-11-14 Notice of appeal, (Letter Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) Williams Lake Indian Band
2016-11-04 Order by, CJ, IT IS HEREBY ORDERED THAT:
1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 10, 2017.
2. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 16, 2017.
3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 20, 2017.
4. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 18, 2017.
Granted
2016-11-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-10-14 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-10-14 Judgment on leave sent to the parties
2016-10-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-168-14, 2016 FCA 63, dated February 29, 2016, is granted with costs in the cause.
Granted, with costs
2016-09-19 All materials on application for leave submitted to the Judges, Mo Côt Br
2016-06-09 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-06-09, (Electronic version filed on 2016-06-09) Williams Lake Indian Band
2016-05-30 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-30) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2016-05-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-05-30, (Electronic version filed on 2016-05-30) Her Majesty the Queen in Right of Canada as represented by the Minister of Aboriginal Affairs and Northern Development Canada
2016-05-02 Letter acknowledging receipt of a complete application for leave to appeal, (File open)
2016-04-28 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-04-28) Williams Lake Indian Band
2016-04-28 Notice of name, (Letter Form), (Electronic version filed on 2016-04-28) Williams Lake Indian Band
2016-04-28 Application for leave to appeal, (Book Form), (5 volumes), Completed on: 2016-04-28, (Electronic version filed on 2016-04-28) Williams Lake Indian Band