Docket

38682

Attorney General of British Columbia v. Attorney General of Canada

(British Columbia) (Civil) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2020-01-31 Transcript received, 192 pages
2020-01-17 Formal judgment sent to the registrar of the court of appeal and all parties
2020-01-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-01-16 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas
Dismissed
2020-01-16 Hearing of the appeal, 2020-01-16, CJ Abe Mo Ka Côt Br Row Mar Kas
Decision rendered
2020-01-16 Intervener's condensed book, (Letter Form) Canadian Fuels Association
2020-01-16 Intervener's condensed book, (Book Form) Attorney General of Ontario
2020-01-16 Intervener's condensed book, (Book Form) City of Burnaby
2020-01-16 Intervener's condensed book, (Book Form) Trans Mountain Pipeline ULC
2020-01-16 Intervener's condensed book, (Book Form) Enbridge Inc.
2020-01-16 Intervener's condensed book, (Book Form) Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2020-01-16 Intervener's condensed book, (Book Form) Explorers and Producers Association of Canada
2020-01-16 Intervener's condensed book, (Book Form) Canadian Association of Petroleum Producers
2020-01-16 Intervener's condensed book, (Book Form) Attorney General for Saskatchewan
2020-01-16 Respondent's condensed book, (Book Form) Attorney General of Canada
2020-01-16 Appellant's condensed book, (Book Form) Attorney General of British Columbia
2020-01-10 Notice of appearance, (Letter Form), Thomson Irvine and Noah Wernikowski will appear before the court. Mr. Irvine will present oral arguments. Attorney General for Saskatchewan
2020-01-08 Correspondence received from, (Letter Form), 2 reserved seats requested Trans Mountain Pipeline ULC
2020-01-07 Correspondence received from, (Letter Form), 1 reserved seat requested Enbridge Inc.
2020-01-07 Correspondence received from, (Letter Form), 1 reserved seat requested Canadian Association of Petroleum Producers
2020-01-06 Notice of appearance, (Letter Form), Robert Janes, Q.C. and Aria Laskin will appear before the court. Mr. Janes will present oral arguments. Beecher Bay First Nation, Songhees Nation and T’Sou-Ke Nation
2020-01-06 Notice of appearance, (Letter Form), Peter A. Gall, Q.C., Margaret Unsworth, Q.C. and Andrea L. Zwack will appear before the court. Mr. Gall will present oral arguments. Attorney General of Alberta
2020-01-02 Notice of appearance, (Letter Form), Michelle L. Bradley will appear before the court, and will present oral arguments. City of Burnaby
2020-01-02 Notice of appearance, (Letter Form), Joseph J. Arvay, O.C., Q.C., Catherine Boies Parker and Derek Ball will appear before the court. Mr. Arvay will present oral arguments. Attorney General of British Columbia
2019-12-31 Notice of appearance, (Letter Form), Brad Armstrong, Q.C., Keith B. Bergner and Toby Kruger will appear before the court. Mr. Armstrong will present oral arguments. Canadian Association of Petroleum Producers
2019-12-31 Notice of appearance, (Letter Form), Lisa C. Fong, Q.C.will appear before the court, and will present oral arguments. Heiltsuk Tribal Council
2019-12-31 Notice of appearance, (Letter Form), Nicholas R. Hughes and Kevin Hanowski will appear before the court. Mr. Hughes will present oral arguments. Railway Association of Canada
2019-12-18 Correspondence received from, (Letter Form), 2 reserved seat requested.
Revised request rec'd 2020-01-13
Canadian Fuels Association
2019-12-18 Notice of appearance, (Letter Form), Geoffrey G. Cowper, Q.C. and Daniel Byma will appear before the court. Mr. Cowper will present oral arguments. Canadian Fuels Association
2019-12-13 Notice of hearing sent to parties
2019-12-12 Correspondence received from, (Letter Form), Sophie Arseneault is agent for the intervener. Explorers and Producers Association of Canada
2019-12-12 Notice of appearance, (Letter Form), Paul Chiswell, Robert Martz and Brendan Downey will appear before the court. Mr. Chiswell will present oral arguments. Explorers and Producers Association of Canada
2019-12-12 Notice of appearance, (Letter Form), Frédéric Perreault and Jean-François Beaupré will appear before the court. Mr. Perreault will present oral arguments. Attorney General of Quebec
2019-12-11 Correspondence received from, (Letter Form), 1 reserved seat requested. Little Shuswap Lake Indian Band
2019-12-11 Notice of appearance, (Letter Form), Arthur M. Grant and Roderick B. McLennan will appear before the court. Mr. Grant will present oral arguments. Little Shuswap Lake Indian Band
2019-12-11 Appeal hearing scheduled, 2020-01-16, (Previous tentative hearing date was January 15, 2020)
Decision rendered
2019-12-10 Correspondence received from, (Letter Form), 3 reserved seats requested. Council of The Haida Nation
2019-12-10 Notice of appearance, (Letter Form), Gid7ahl Gudsllaay L.T.L. Williams-Davidson, David Paterson and Elizabeth Bulbrook will appear before the court. Ms. Williams-Davidson will present oral arguments.
Revised notice rec'd 2020-01-10
Council of The Haida Nation
2019-12-10 Supplemental document, (Book Form), Supplemental Record, Completed on: 2019-12-10 Attorney General of British Columbia
2019-12-10 Reply factum on appeal, (Book Form), Completed on: 2019-12-10 Attorney General of British Columbia
2019-12-10 Respondent's book of authorities, (Book Form), Completed on: 2019-12-10 Attorney General of Canada
2019-12-10 Reply factum on appeal, (Book Form), Completed on: 2019-12-10 Attorney General of Canada
2019-12-09 Notice of appearance, (Letter Form), Maureen Killoran and Olivia Dixon will appear before the court. Ms. Killoran will present oral arguments. Trans Mountain Pipeline ULC
2019-12-09 Notice of appearance, (Letter Form), Maureen Killoran, Sean Sutherland and Robert Rooney will appear before the court. Ms. Killoran will present oral arguments. Enbridge Inc.
2019-12-05 Correspondence received from, (Letter Form), 1 reserved seat requested. Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-12-05 Notice of appearance, (Letter Form), Catherine Beagan Flood and Laura Cundari will appear before the court. Ms. Beagan Flood will present oral arguments. Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-12-03 Correspondence received from, (Letter Form), 3 reserved seats requested. Ecojustice Canada Society
2019-12-03 Notice of appearance, (Letter Form), Harry Wruck, Q.C. and Kegan Pepper-Smith will appear before the court. Mr. Wruck will present oral arguments. Ecojustice Canada Society
2019-12-02 Correspondence received from, (Letter Form), 2 reserved seats requested. City of Vancouver
2019-12-02 Notice of appearance, (Letter Form), Susan Horne and Kevin Nakanishi will appear before the court. Ms. Horne will present oral arguments. City of Vancouver
2019-12-02 Order by, Mo,
UPON REQUEST by the intervener, Attorney General of Alberta, for an order granting additional time for oral argument at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The request is granted.
The order dated October 15, 2019, is varied and the intervener, Attorney General of Alberta, is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.

Granted
2019-11-28 Notice of appearance, (Letter Form), Jan Brongers and B.J. Wray will appear before the court. Jan Brongers will present oral arguments. Attorney General of Canada
2019-11-27 Notice of appearance, (Letter Form), Michael A. Marion, Alan L. Ross and Brett R. Carlson will appear before the court. Mr. Marion will present oral arguments. Canadian Energy Pipeline Association
2019-11-26 Correspondence received from, (Letter Form), 3 reserved seats requested. Assembly of First Nations
2019-11-26 Notice of appearance, (Letter Form), Julie McGregor and Stuart Wuttke will appear before the court. Ms. McGregor will present oral arguments. Assembly of First Nations
2019-11-26 Notice of appearance, (Letter Form), Joshua Hunter and Aud Ranalli will appear before the court. Mr. Hunter will present oral arguments. Attorney General of Ontario
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Explorers and Producers Association of Canada
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Explorers and Producers Association of Canada
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Trans Mountain Pipeline ULC
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Canadian Fuels Association
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Enbridge Inc.
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Canadian Association of Petroleum Producers
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Canadian Fuels Association
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Beecher Bay First Nation, Songhees Nation and T’Sou-Ke Nation
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Little Shuswap Lake Indian Band
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Little Shuswap Lake Indian Band
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Canadian Energy Pipeline Association
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Canadian Energy Pipeline Association
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Heiltsuk Tribal Council
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Council of The Haida Nation
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Council of The Haida Nation
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 Railway Association of Canada
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Railway Association of Canada
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 City of Vancouver
2019-11-26 Intervener's book of authorities, (Book Form), Completed on: 2019-11-26 City of Burnaby
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 City of Burnaby
2019-11-26 Intervener's factum, (Book Form), Completed on: 2019-11-26 Assembly of First Nations
2019-11-25 Intervener's book of authorities, (Book Form), Completed on: 2019-11-25 Ecojustice Canada Society
2019-11-25 Intervener's factum, (Book Form), Completed on: 2019-11-25 Ecojustice Canada Society
2019-11-01 Intervener's book of authorities, (Book Form), Completed on: 2019-11-01 Attorney General of Quebec
2019-11-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-11-01 Attorney General of Quebec
2019-11-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-11-01 Attorney General of Alberta
2019-11-01 Intervener's book of authorities, (Book Form), Completed on: 2019-11-01 Attorney General for Saskatchewan
2019-11-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-11-01 Attorney General for Saskatchewan
2019-10-31 Correspondence received from, (Letter Form), Michael Sobkin
Letter in response to the Attorney General of Alberta's correspondence filed on October 17, 2019.
Attorney General of British Columbia
2019-10-22 Correspondence received from, (Letter Form), Jan Brongers.
Letter in response to the Attorney General of Alberta's correspondence filed on October 17, 2019.
MISSINIG: proof of service (received 2019-11-25)
Attorney General of Canada
2019-10-17 Correspondence received from, (Letter Form), Peter A. Gall
Request for oral arguments of 15 minutes at the hearing of the appeal.
Attorney General of Alberta
2019-10-15 Order on motion for leave to intervene, by MOLDAVER J.
2019-10-15 Decision on the motion for leave to intervene, Mo,
UPON APPLICATIONS by Ecojustice Canada Society; Canadian Energy Pipeline Association; Assembly of First Nations; the Heiltsuk Tribal Council; City of Burnaby; Trans Mountain Pipeline ULC; Enbridge Inc.; the Railway Association of Canada; Explorers and Producers Association of Canada; Canadian Fuels Association; Council of The Haida Nation; Little Shuswap Lake Indian Band; City of Vancouver; Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited (jointly); Beecher Bay First Nation, Songhees Nation and T’Sou-Ke Nation (jointly); and Canadian Association of Petroleum Producers 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 are granted and the said sixteen (16) interveners or groups of interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length on or before November 26, 2019.

The said sixteen (16) 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 appellant and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed fifteen (15) pages in length on or before December 10, 2019.

To the extent that their interests are similar, the interveners or groups of interveners shall consult to avoid repetition.

The interveners or groups of 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 the respondent any additional disbursements resulting from their interventions.

AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Ontario, the Attorney General of Quebec, the Attorney General for Saskatchewan and Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2019-10-15 Submission of motion for leave to intervene, Mo
2019-10-04 Certificate (on limitations to public access), (Letter Form), Form 23A Attorney General of Canada
2019-10-04 Respondent's book of authorities, (Book Form), Completed on: 2019-10-04 Attorney General of Canada
2019-10-04 Respondent's factum, (Book Form), Completed on: 2019-10-04 Attorney General of Canada
2019-10-04 Intervener's book of authorities, (Book Form), Completed on: 2019-10-04 Attorney General of Ontario
2019-10-04 Intervener's factum, (Book Form), Completed on: 2019-10-04 Attorney General of Ontario
2019-09-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 Railway Association of Canada
2019-09-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 Canadian Association of Petroleum Producers
2019-09-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 Canadian Energy Pipeline Association
2019-09-23 Reply to the motion for leave to intervene, (Book Form), Completed on: 2019-09-23 Enbridge Inc.
2019-09-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-23 Trans Mountain Pipeline ULC
2019-09-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-20 Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-09-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-16 Attorney General of Canada
2019-09-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-16 Attorney General of British Columbia
2019-09-06 Notice of name, (Letter Form) Canadian Association of Petroleum Producers
2019-09-06 Affidavit, (Book Form), in support of motion for leave to intervene Canadian Association of Petroleum Producers
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Canadian Association of Petroleum Producers
2019-09-06 Notice of name, (Letter Form) Beecher Bay First Nation, Songhees Nation and T’Sou-Ke Nation
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Beecher Bay First Nation, Songhees Nation and T’Sou-Ke Nation
2019-09-06 Notice of name, (Letter Form) Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc. and Canadian Natural Resources Limited
2019-09-06 Notice of name, (Letter Form) City of Vancouver
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 City of Vancouver
2019-09-06 Notice of name, (Letter Form) Little Shuswap Lake Indian Band
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Little Shuswap Lake Indian Band
2019-09-06 Notice of name, (Letter Form) Council of The Haida Nation
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Council of The Haida Nation
2019-09-06 Notice of name, (Letter Form) Canadian Fuels Association
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Canadian Fuels Association
2019-09-06 Notice of name, (Letter Form) Explorers and Producers Association of Canada
2019-09-06 Motion for leave to intervene, (Book Form), (proof of service missing - received on September 10, 2019), Completed on: 2019-09-11 Explorers and Producers Association of Canada
2019-09-06 Notice of name, (Letter Form) Railway Association of Canada
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Railway Association of Canada
2019-09-06 Notice of name, (Letter Form) Enbridge Inc.
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Enbridge Inc.
2019-09-06 Notice of name, (Letter Form) Trans Mountain Pipeline ULC
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Trans Mountain Pipeline ULC
2019-09-06 Notice of name, (Letter Form) City of Burnaby
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 City of Burnaby
2019-09-06 Notice of name, (Letter Form) Heiltsuk Tribal Council
2019-09-06 Motion for leave to intervene, (Book Form), Completed on: 2019-09-06 Heiltsuk Tribal Council
2019-09-05 Notice of name, (Letter Form) Assembly of First Nations
2019-09-05 Motion for leave to intervene, (Letter Form), Completed on: 2019-09-05 Assembly of First Nations
2019-09-04 Certificate (on limitations to public access), (Letter Form), Form 23A Canadian Energy Pipeline Association
2019-09-04 Notice of name, (Letter Form), AMENDED version required (received 2019-09-05) Canadian Energy Pipeline Association
2019-09-04 Other book of authorities, (Book Form), in support of motion for leave to intervene., Completed on: 2019-09-04 Canadian Energy Pipeline Association
2019-09-04 Motion for leave to intervene, (Book Form),
MISSING:
1) filing fee (received 2019-10-10)
2) amended notice of name (received 2019-09-05), Completed on: 2019-10-10
Canadian Energy Pipeline Association
2019-08-23 Notice of name, (Letter Form), (print version received on 2019-08-26) Ecojustice Canada Society
2019-08-23 Motion for leave to intervene, (Book Form),
MISSING:
1) print versions (received 2019-08-26)
2) filing fee (received 2019-08-26), Completed on: 2019-08-27, (Printed version filed on 2019-08-26)
Ecojustice Canada Society
2019-08-22 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for January 16, 2020 (previous tentative hearing date was January 15, 2020).
2019-08-09 Appellant's book of authorities, (Book Form), Completed on: 2019-08-09 Attorney General of British Columbia
2019-08-09 Certificate of counsel (attesting to record), (Letter Form) Attorney General of British Columbia
2019-08-09 Certificate (on limitations to public access), (Letter Form) Attorney General of British Columbia
2019-08-09 Appellant's record, (Book Form), (32 volumes), Volumes 2-32 filed electronically only pursuant to Rule 38.1, Completed on: 2019-08-09 Attorney General of British Columbia
2019-08-09 Appellant's factum, (Book Form), Completed on: 2019-08-09 Attorney General of British Columbia
2019-07-25 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-07-12 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-07-16 Attorney General of Quebec
2019-07-12 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-07-12 Attorney General of Ontario
2019-07-12 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-07-12 Attorney General for Saskatchewan
2019-07-12 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-07-12 Attorney General of Alberta
2019-06-18 Letter acknowledging receipt of a notice of appeal
2019-06-14 Certificate (on limitations to public access), (Letter Form) Attorney General of British Columbia
2019-06-14 Notice of constitutional question(s), (Letter Form), Completed on: 2019-06-18 Attorney General of British Columbia
2019-06-14 Notice of appeal, (Letter Form), Completed on: 2019-06-14 Attorney General of British Columbia