Docket
40024
Attorney General of Ontario, et al. v. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850, et al.
(Ontario) (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) |
|---|---|---|
| 2023-11-09 | Order by, the CHIEF JUSTICE, UPON THE HEARING of these appeals and cross-appeals; AND HAVING REGARD TO the order of Jamal J. dated September 26, 2022, directing the Attorney General of Ontario and His Majesty the King in Right of Ontario to bring the motion to stay the hearing of the third stage of the trial to the case management judge; AND HAVING BEEN ADVISED that trial has proceeded and the trial judgment is under reserve; IT IS HEREBY ORDERED THAT: The order of Justice Jamal J. is varied and the proceedings in the Ontario Superior Court of Justice are stayed pending the decision of the Supreme Court of Canada in the appeal and cross-appeals before this Court. Judgment accordingly |
|
| 2023-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2023-11-08 | Hearing of the appeal, 2023-11-08, DAY 2, CJ Ka Côt Row Mar Kas Ja Ob Mor Judgment reserved |
|
| 2023-11-07 | Hearing of the appeal, 2023-11-07, DAY 1, CJ Ka Côt Row Mar Kas Ja Ob Mor Adjourned |
|
| 2023-11-06 | Correspondence received from, (Letter Form), Additional citation for the hearing: RCAP, 1996, vol, c.5, p.752, (Printed version due on 2023-11-14) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-11-03 | Correspondence received from, (Letter Form), Additional citation for the hearing - R c. Montour, 2023 QCCS 4154, (Printed version filed on 2023-11-06) | Kee Tas Kee Now Tribal Council |
| 2023-11-03 | Correspondence received from, (Letter Form), Request for extra seat at the hearing | Attorney General of Ontario |
| 2023-11-03 | Intervener's condensed book, (Book Form), (Printed version due on 2023-11-10) | Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) |
| 2023-11-03 | Intervener's condensed book, (Book Form), (Printed version due on 2023-11-10) | Attorney General of New Brunswick |
| 2023-11-03 | Appellant's condensed book, (Book Form), (Printed version due on 2023-11-10) | Attorney General of Ontario |
| 2023-11-03 | Respondent's condensed book, (Book Form), (Printed version due on 2023-11-10) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-11-03 | Respondent's condensed book, (Book Form), (Printed version due on 2023-11-10) | Attorney General of Canada |
| 2023-11-02 | Intervener's condensed book, (Book Form), (Printed version due on 2023-11-09) | Anishinabek Nation |
| 2023-11-02 | Respondent's condensed book, (Book Form), (Printed version due on 2023-11-09) | Red Rock First Nation |
| 2023-10-25 | Notice of appearance, Ron S. Maurice and Geneviève Boulay will appear before the Court. Ron S. Maurice will present oral argument. | Federation of Sovereign Indigenous Nations |
| 2023-10-23 | Notice of appearance, Ryan Lake and Geneviève Boulay will appear before the Court. Geneviève Boulay will present oral argument. | Carry the Kettle Nakoda Nation |
| 2023-10-23 | Notice of appearance, Ryan Lake and Geneviève Boulay will appear before the Court. Ryan Lake will present oral argument. | Atikameksheng Anishnawbek |
| 2023-10-20 | Correspondence received from, RE: Anishinaabe ceremonies & protocols on hearing days (November 7-8) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-10-17 | Notice of appearance, Glenn K. Epp and Eric L. Pentland will appear before the Court. Glenn K. Epp will present oral argument. | Athabasca Tribal Council Ltd. |
| 2023-10-17 | Notice of appearance, Katie I. Duke and Chya R. Mogerman will appear before the Court. Katie I. Duke will present oral argument. |
West Moberly First Nations |
| 2023-10-17 | Correspondence received from, (Letter Form), Seeking direction to add new jurisprudence to the record | Red Rock First Nation |
| 2023-10-17 | Notice of appearance, (Letter Form), Michael Jerch and Jessica Barlow will appear before the Court. Michael Jerch will present oral argument. | Manitoba Keewatinowi Okimakanak Inc. |
| 2023-10-13 | Notice of appearance, David Nahwegahbow, Catherine Boies Parker, K.C., Dianne Corbiere, Christopher Albinati and Alexander Kirby will appear before the Court. David Nahwegahbow and Catherine Boies Parker, K.C. will present oral argument. The Respondents requested 2 reserved seats at the hearing. |
Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-10-12 | Notice of change of counsel | Anishinabek Nation |
| 2023-10-12 | Notice of appearance, (Letter Form), Patricia Lawrence and Samantha Dawson will appear before the Court. Patricia Lawrence will present oral argument. | Anishinabek Nation |
| 2023-10-12 | Notice of appearance, (Letter Form), Kevin Hille and Jesse Abell will appear before the Court. Kevin Hille will present oral argument. | Kee Tas Kee Now Tribal Council |
| 2023-10-11 | Notice of appearance, (Letter Form), Bruce McIvor and Kate Gunn will appear before the Court. Bruce McIvor will present oral argument. | Teme-Augama Anishnabai and Temagami First Nation |
| 2023-10-11 | Notice of appearance, (Letter Form), Krista Nerland, Cathy Guirguis and Graeme Cook will appear before the Court. Krista Nerland will present oral argument. | Saugeen First Nation and Chippewas of Nawash Unceded First Nation |
| 2023-10-11 | Notice of appearance, (Letter Form), Stuart Wuttke and Adam Williamson will appear before the Court. Stuart Wuttke will present oral argument. | Assembly of First Nations |
| 2023-10-11 | Notice of appearance, (Letter Form), John W. Gailus and Courtenay Jacklin will appear before the Court. John W. Gailus will present oral argument. | Tsawout First Nation |
| 2023-10-11 | Notice of appearance, (Letter Form), Julian N. Falconer and Jeremy Greenberg will appear before the Court. Julian N. Falconer will present oral argument. The Intervener requested 2 reserved seats at the hearing. |
Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) |
| 2023-10-10 | Notice of appearance, (Letter Form), Harley Schachter and Kaitlyn Lewis will appear before the Court. Harley Schachter will present oral argument. The Respondents requested 2 reserved seats at the hearing. |
Red Rock First Nation |
| 2023-10-10 | Notice of appearance, (Letter Form), Jason T. Madden and Alexandria Winterburn will appear before the Court. Alexandria Winterburn will present oral argument., (Printed version due on 2023-10-17) | Indigenous Bar Association in Canada |
| 2023-10-10 | Notice of appearance, (Letter Form), Zoe Oxaal, Glynis Evans and Anusha Aruliah will appear before the Court. Zoe Oxaal will present oral argument. The Respondent requested 2 reserved seats at the hearing. |
Attorney General of Canada |
| 2023-10-10 | Notice of appearance, (Letter Form), Kajia Eidse-Rempel will appear before the Court and will present oral argument. | Halfway River First Nation |
| 2023-10-10 | Notice of appearance, (Letter Form), Spencer Bass will appear before the Court and will present oral argument. The intervener requested 2 reserved seats at the hearing. |
Biigtigong Nishnaabeg First Nation (aka The Begetikong Anishnabe First Nation or The Ojibways of the Pic River First Nation) |
| 2023-10-06 | Notice of appearance, (Letter Form), Adrienne Telford and Jackie Esmonde will appear before the Court. Adrienne Telford will present oral argument. | Grassy Narrows First Nation |
| 2023-10-06 | Notice of appearance, (Letter Form), Peter Millerd and Erica Stahl will appear before the Court and will present oral argument. |
Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Chawathil First Nation, High Bar First Nation, Neskonlith Indian Band, Penticton Indian Band, Skuppah Indian Band, and Upper Nicola Band |
| 2023-10-05 | Notice of appearance, (Letter Form), Josh J.B. McElman, K.C. and Bailey Campbell will appear before the Court. Josh J.B. McElman, K.C. will present oral argument. |
Attorney General of New Brunswick |
| 2023-10-05 | Notice of appearance, (Letter Form), Carly Fox will appear before the Court and will present oral argument. , (Printed version due on 2023-10-13) |
Assembly of Manitoba Chiefs |
| 2023-09-20 | Notice of appearance, (Letter Form), Peter Griffin, Nina Bombier, Samantha Hale and Richard Ogden will appear before the Court. Peter Griffin will present oral argument. Appellants requested 1 reserved seat at the hearing. |
Attorney General of Ontario |
| 2023-06-27 | Notice of hearing sent to parties, via email. | |
| 2023-06-27 | Appeal hearing scheduled, 2023-11-08, Day 2 Judgment reserved |
|
| 2023-06-27 | Appeal hearing scheduled, 2023-11-07, Day 1 Adjourned |
|
| 2023-06-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2023-02-16 | Respondent's factum - cross appeal, (Book Form), Completed on: 2023-02-22, (Printed version filed on 2023-02-17) | Attorney General of Ontario |
| 2023-02-16 | Certificate (on limitations to public access), 23A - Factum on Cross-appea | Attorney General of Canada |
| 2023-02-16 | Respondent's factum - cross appeal, (Book Form), Completed on: 2023-02-22, (Printed version filed on 2023-02-16) | Attorney General of Canada |
| 2023-02-14 | Correspondence received from, Respondents will not be filing a Reply to the Intervener Facta. They adopt the submissions in reply filed the Respondents, Mike Restoule, et al. | Red Rock First Nation |
| 2023-02-13 | Reply factum on appeal, (Book Form), Completed on: 2023-02-14, (Printed version filed on 2023-02-14) | Attorney General of Ontario |
| 2023-02-13 | Reply factum on appeal, (Book Form), Completed on: 2023-02-14, (Printed version filed on 2023-02-13) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version due on 2023-02-13) | Kee Tas Kee Now Tribal Council |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Kee Tas Kee Now Tribal Council |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Manitoba Keewatinowi Okimakanak Inc. |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Manitoba Keewatinowi Okimakanak Inc. |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-09, (Printed version filed on 2023-02-07) | Atikameksheng Anishnawbek |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-09, (Printed version filed on 2023-02-07) | Federation of Sovereign Indigenous Nations |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-09, (Printed version filed on 2023-02-07) | Carry the Kettle Nakoda Nation |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-09, (Printed version filed on 2023-02-07) | Athabasca Tribal Council Ltd. |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Assembly of Manitoba Chiefs |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Assembly of Manitoba Chiefs |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Indigenous Bar Association in Canada |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Chawathil First Nation, High Bar First Nation, Neskonlith Indian Band, Penticton Indian Band, Skuppah Indian Band, and Upper Nicola Band |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Chawathil First Nation, High Bar First Nation, Neskonlith Indian Band, Penticton Indian Band, Skuppah Indian Band, and Upper Nicola Band |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Grassy Narrows First Nation |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Grassy Narrows First Nation |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-08) | West Moberly First Nations |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-08) | West Moberly First Nations |
| 2023-02-06 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Attorney General of New Brunswick |
| 2023-02-06 | Intervener's factum, (Book Form), Completed on: 2023-02-08, (Printed version filed on 2023-02-06) | Attorney General of New Brunswick |
| 2023-02-03 | Intervener's factum, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-06) | Tsawout First Nation |
| 2023-02-03 | Intervener's factum, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-06) | Assembly of First Nations |
| 2023-02-03 | Intervener's factum, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-07) | Teme-Augama Anishnabai and Temagami First Nation |
| 2023-02-03 | Intervener's factum, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-07) | Anishinabek Nation |
| 2023-02-02 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-03) | Halfway River First Nation |
| 2023-02-02 | Intervener's factum, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-03) | Halfway River First Nation |
| 2023-02-02 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-02) | Saugeen First Nation and Chippewas of Nawash Unceded First Nation |
| 2023-02-02 | Intervener's factum, (Book Form), Completed on: 2023-02-07, (Printed version filed on 2023-02-02) | Saugeen First Nation and Chippewas of Nawash Unceded First Nation |
| 2023-01-10 | Certificate (on limitations to public access), 23A - Factum | Attorney General of Canada |
| 2023-01-10 | Respondent's factum, (Book Form), Completed on: 2023-01-11 | Attorney General of Canada |
| 2023-01-10 | Respondent's book of authorities, (Book Form), Completed on: 2023-01-11, (Printed version filed on 2023-01-10) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-01-10 | Appellant's factum - cross appeal, (Book Form), (Included in the respondent's factum), Completed on: 2023-01-11, (Printed version due on 2023-01-17) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-01-10 | Respondent's factum, (Book Form), Completed on: 2023-01-11, (Printed version filed on 2023-01-10) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2023-01-10 | Respondent's book of authorities, (Book Form), Completed on: 2023-01-11, (Printed version filed on 2023-01-10) | Red Rock First Nation |
| 2023-01-10 | Appellant's factum - cross appeal, (Book Form), (Included in the respondent's factum), Completed on: 2023-01-11 | Red Rock First Nation |
| 2023-01-10 | Respondent's factum, (Book Form), Completed on: 2023-01-11, (Printed version filed on 2023-01-10) | Red Rock First Nation |
| 2023-01-09 | Intervener's factum, (Book Form), Completed on: 2023-01-11, (Printed version filed on 2023-01-09) | Biigtigong Nishnaabeg First Nation (aka The Begetikong Anishnabe First Nation or The Ojibways of the Pic River First Nation) |
| 2022-12-14 | Order on motion to extend time, by JAMAL J. | |
| 2022-12-14 | Order on motion for leave to intervene, by JAMAL J. | |
| 2022-12-14 | Decision on motion to extend time, See order on interventions., Ja Granted |
|
| 2022-12-14 | Decision on the motion for leave to intervene, Ja, UPON APPLICATIONS by the Attorney General of New Brunswick; the Halfway River First Nation; the Federation of Sovereign Indigenous Nations; Atikameksheng Anishnawbek; the Manitoba Keewatinowi Okimakanak Inc.; the Carry the Kettle Nakoda Nation; the Assembly of Manitoba Chiefs; the Anishinabek Nation; the Teme-Augama Anishnabai and Temagami First Nation (jointly); the Union of British Columbia Indian Chiefs, the Nlaka’pamux Nation Tribal Council, the Chawathil First Nation, the High Bar First Nation, the Neskonlith Indian Band, the Penticton Indian Band, the Skuppah Indian Band and the Upper Nicola Band (jointly); the Indigenous Bar Association in Canada; the West Moberly First Nations; the Athabasca Tribal Council Ltd.; the Tsawout First Nation; the Kee Tas Kee Now Tribal Council; the Saugeen First Nation and the Chippewas of Nawash Unceded First Nation (jointly); the Grassy Narrows First Nation; the Assembly of First Nations; and the Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) for leave to intervene in the above appeal; AND UPON APPLICATION by the Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) for an order extending the time to serve and file their motion for leave to intervene to November 22, 2022; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time filed by the Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) is granted. The motions for leave to intervene are granted and the nineteen (19) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before February 6, 2023. The nineteen (19) 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 Attorney General of Ontario and His Majesty the King in Right of Ontario are granted permission to jointly serve and file a single factum in reply to all interventions not to exceed ten (10) pages in length on or before February 13, 2023. Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 are granted permission to jointly serve and file a single factum in reply to all interventions not to exceed ten (10) pages in length on or before February 13, 2023. The Red Rock First Nation, the Whitesand First Nation, the Chief and Council of Red Rock First Nation, on behalf of the Red Rock First Nation Band of Indians and the Chief and Council of the Whitesand First Nation on behalf of the Whitesand First Nation Band of Indians are granted permission to jointly serve and file a single factum in reply to all interventions not to exceed ten (10) pages in length on or before February 13, 2023. 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 or groups of interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions. Granted |
|
| 2022-12-14 | Submission of motion to extend time, Ja | |
| 2022-12-14 | Submission of motion for leave to intervene, Ja | |
| 2022-12-01 | Correspondence received from, (Letter Form), Bijon Roy, RE: Change of law firm and emails., (Printed version due on 2022-12-08) | Assembly of Manitoba Chiefs |
| 2022-12-01 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-02, (Printed version filed on 2022-12-05) | Attorney General of Ontario |
| 2022-12-01 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-06, (Printed version filed on 2022-12-07) | Red Rock First Nation |
| 2022-12-01 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-02, (Printed version due on 2022-12-08) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-11-30 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-02, (Printed version due on 2022-12-07) | Attorney General of Canada |
| 2022-11-23 | Motion to extend time, (Book Form), For their motion for leave to intervene. Missing: Filing Fee (rec' 11/24/22), Completed on: 2022-11-25, (Printed version filed on 2022-11-23) |
Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) |
| 2022-11-22 | Notice of name, (Letter Form), (Printed version filed on 2022-11-22) | Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) |
| 2022-11-22 | Motion for leave to intervene, (Book Form), Missing: Motion for an Extension of Time (rec' 11/23/22) Filing Fee (rec' 11/22/22), Completed on: 2022-11-24, (Printed version filed on 2022-11-22) |
Namaygoosisagagun Community (who refers to themselves as the Namaygoosisagagun Ojibway Nation) |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Notice of Name Filing Fee (rec' 11/22/22), Incomplete, (Printed version filed on 2022-11-22) |
Assembly of First Nations |
| 2022-11-21 | Notice of name, (Letter Form), (Printed version filed on 2022-11-22) | Grassy Narrows First Nation |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Completed on: 2022-11-22, (Printed version filed on 2022-11-22) | Grassy Narrows First Nation |
| 2022-11-21 | Notice of name, (Letter Form), (Printed version filed on 2022-11-21) | Saugeen First Nation and Chippewas of Nawash Unceded First Nation |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/25/22), Completed on: 2022-11-28, (Printed version filed on 2022-11-21) | Saugeen First Nation and Chippewas of Nawash Unceded First Nation |
| 2022-11-21 | Notice of name, (Letter Form), (Printed version filed on 2022-11-21) | Kee Tas Kee Now Tribal Council |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/25/22), Completed on: 2022-11-28, (Printed version filed on 2022-11-21) | Kee Tas Kee Now Tribal Council |
| 2022-11-21 | Notice of name, (Letter Form), (Printed version filed on 2022-11-21) | Tsawout First Nation |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/22/22), Completed on: 2022-11-23, (Printed version filed on 2022-11-21) | Tsawout First Nation |
| 2022-11-21 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 11/23/22), (Printed version filed on 2022-11-21) | Athabasca Tribal Council Ltd. |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee Proof of Service (rec' 11/23/22), Incomplete, (Printed version filed on 2022-11-21) |
Athabasca Tribal Council Ltd. |
| 2022-11-21 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 11/23/22), (Printed version filed on 2022-11-21) | West Moberly First Nations |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee Proof of Service (rec' 11/23/22), Incomplete, (Printed version filed on 2022-11-21) |
West Moberly First Nations |
| 2022-11-21 | Notice of name, (Letter Form), (Printed version due on 2022-11-28) | Indigenous Bar Association in Canada |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/25/22), Completed on: 2022-11-28, (Printed version filed on 2022-11-21) | Indigenous Bar Association in Canada |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-11-21) | Attorney General of New Brunswick |
| 2022-11-21 | Notice of name, (Letter Form), (Printed version due on 2022-11-28) | Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Chawathil First Nation, High Bar First Nation, Neskonlith Indian Band, Penticton Indian Band, Skuppah Indian Band, and Upper Nicola Band |
| 2022-11-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-11-21) | Union of British Columbia Indian Chiefs, Nlaka'pamux Nation Tribal Council, Chawathil First Nation, High Bar First Nation, Neskonlith Indian Band, Penticton Indian Band, Skuppah Indian Band, and Upper Nicola Band |
| 2022-11-18 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 11/21/22), (Printed version filed on 2022-11-21) | Teme-Augama Anishnabai and Temagami First Nation |
| 2022-11-18 | Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 11/21/22), Filing Fee (rec' 11/22/22), Completed on: 2022-11-22, (Printed version filed on 2022-11-21) | Teme-Augama Anishnabai and Temagami First Nation |
| 2022-11-18 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 11/24/22), (Printed version filed on 2022-11-23) | Anishinabek Nation |
| 2022-11-18 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/24/22) Proof of Service (rec' 11/24/22), Completed on: 2022-11-25, (Printed version filed on 2022-11-23) |
Anishinabek Nation |
| 2022-11-18 | Notice of name, (Letter Form), (Printed version filed on 2022-11-18) | Assembly of Manitoba Chiefs |
| 2022-11-18 | Motion for leave to intervene, (Book Form), Missing: Filing fee (rec' 11/22/22), Completed on: 2022-11-23, (Printed version filed on 2022-11-18) | Assembly of Manitoba Chiefs |
| 2022-11-18 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-11-25) | Carry the Kettle Nakoda Nation |
| 2022-11-18 | Notice of name, (Letter Form), (Printed version due on 2022-11-25) | Carry the Kettle Nakoda Nation |
| 2022-11-18 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/23/22), Completed on: 2022-11-25, (Printed version due on 2022-11-25) | Carry the Kettle Nakoda Nation |
| 2022-11-17 | Notice of name, (Letter Form), (Printed version filed on 2022-11-25) | Manitoba Keewatinowi Okimakanak Inc. |
| 2022-11-17 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/25/22), Completed on: 2022-11-28, (Printed version filed on 2022-11-25) | Manitoba Keewatinowi Okimakanak Inc. |
| 2022-11-17 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-11-24) | Atikameksheng Anishnawbek |
| 2022-11-17 | Notice of name, (Letter Form), (Printed version due on 2022-11-24) | Atikameksheng Anishnawbek |
| 2022-11-17 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/23/22), Completed on: 2022-11-25, (Printed version due on 2022-11-24) | Atikameksheng Anishnawbek |
| 2022-11-17 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-11-23) | Federation of Sovereign Indigenous Nations |
| 2022-11-17 | Notice of name, (Letter Form), (Printed version filed on 2022-11-23) | Federation of Sovereign Indigenous Nations |
| 2022-11-17 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/23/22), Completed on: 2022-11-25, (Printed version filed on 2022-11-23) | Federation of Sovereign Indigenous Nations |
| 2022-11-17 | Notice of name, (Letter Form), (Printed version filed on 2022-11-17) | Halfway River First Nation |
| 2022-11-17 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/25/22), Completed on: 2022-11-28, (Printed version filed on 2022-11-17) | Halfway River First Nation |
| 2022-10-28 | Supplemental document, (3446 volumes), Exhibit Books | Attorney General of Ontario |
| 2022-10-28 | Supplemental document, (Book Form), (78 volumes), Court of Appeal Transcripts, Completed on: 2022-11-09 | Attorney General of Ontario |
| 2022-10-28 | Supplemental document, Court of Appeal Brief of Statutes, Completed on: 2022-11-09 | Attorney General of Ontario |
| 2022-10-28 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-11-04) | Attorney General of Ontario |
| 2022-10-28 | Appellant's book of authorities, (Book Form), Completed on: 2022-11-02, (Printed version filed on 2022-11-02) | Attorney General of Ontario |
| 2022-10-28 | Appellant's record, (Book Form), (5 volumes), Completed on: 2022-11-09, (Printed version filed on 2022-11-02) | Attorney General of Ontario |
| 2022-10-24 | Appellant's factum, (Book Form), Completed on: 2022-11-02, (Printed version filed on 2022-11-02) | Attorney General of Ontario |
| 2022-10-24 | Order by, Ja, Further to my order of September 26, 2022, I hereby direct that the filing schedule will be as follows: The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before October 28, 2022. The appellants are permitted to file their record in accordance with the requirements of Rule 38.1 of the Rules of the Supreme Court of Canada, and the requirements of the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic) may be adapted as necessary. The respondents’ factum and book of authorities, if any, including their factum on the cross-appeal, shall be served and filed on or before January 10, 2023. The factum of the intervener, Biigtigong Nishnaabeg First Nation (aka The Begetikong Anishnabe First Nation of The Ojibways of the Pic River First Nation), shall be served and filed on or before January 10, 2023. The factums of the appellants and of the Attorney General of Canada, if any, in response to the cross-appeal, shall be served and filed on or before February 16, 2023. Judgment accordingly |
|
| 2022-10-21 | Correspondence received from, Notice of change of name / Agent | Red Rock First Nation |
| 2022-10-14 | Correspondence received from, Peter H. Griffin, Re: proposed filing deadlines as per Justice Jamal's order | Attorney General of Ontario |
| 2022-09-28 | Correspondence received from, David C. Nahwegahbow, Re: proposed filing deadlines as per Justice Jamal order | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-09-26 | Order issued on motion for a stay of execution, by Justice Jamal | |
| 2022-09-26 | Decision on the motion for a stay of execution, Ja, UPON APPLICATION by the Attorney General of Ontario and His Majesty the King in Right of Ontario for an order to stay the proceedings with respect to the judgments under appeal in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The Attorney General of Ontario and His Majesty the King in Right of Ontario are to bring the motion to stay the hearing of the third stage of the trial to the case management judge. All parties shall propose a filing schedule that takes the trial schedule into account and allows the appeal in this court to be heard in the Fall 2023 session. Granted |
|
| 2022-09-26 | Submission of motion for a stay of execution, Ja | |
| 2022-08-23 | Notice of appeal, (Letter Form), Completed on: 2022-08-26, (Printed version filed on 2022-08-25) | Attorney General of Ontario |
| 2022-08-15 | Reply to motion for a stay of execution, (Book Form), Consolidated reply to the responses by Mike Restoule, et al. and Red Rock First Nation, et al., Completed on: 2022-08-18, (Printed version due on 2022-08-22) | Attorney General of Ontario |
| 2022-08-10 | Response to the motion for a stay of execution, (Book Form), Completed on: 2022-08-10, (Printed version filed on 2022-08-11) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-08-09 | Response to the motion for a stay of execution, (Book Form), Completed on: 2022-08-10, (Printed version filed on 2022-08-12) | Red Rock First Nation |
| 2022-07-26 | Correspondence received from, (Letter Form), Notice of Change in Agent, (Printed version filed on 2022-07-29) | Red Rock First Nation |
| 2022-07-26 | Notice of change of counsel, (Letter Form), Zoe Oxaal and Glynis Evans will be counsel for the Attorney General of Canada on this file. Christopher Rupar remains agent for the Attorney General of Canada. , (Printed version due on 2022-08-03) | Attorney General of Canada |
| 2022-07-22 | Correspondence received from, (Letter Form), Peter H. Griffin, Re: material not to be posted, (Printed version filed on 2022-07-26) | Attorney General of Ontario |
| 2022-07-22 | Motion for a stay of execution, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-08-12) |
Attorney General of Ontario |
| 2022-07-18 | Correspondence received from, Harley I. Schachter, Re: agrees with delay in scheduling of the appeal hearing | Red Rock First Nation |
| 2022-07-18 | Correspondence received from, David C. Nahwegahbow, Re: scheduling of appeal hearing | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-07-05 | Correspondence received from, Nina Bombier, Re: intent to file a motion to stay appeal hearing and filing deadlines | Attorney General of Ontario |
| 2022-06-30 | Correspondence received from, Harley I. Schachter, Re: scheduling of appeal and filing deadlines | Red Rock First Nation |
| 2022-06-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-06-23 | Judgment on leave sent to the parties | |
| 2022-06-23 | Judgment of the Court on the application for leave to appeal, Revised on June 27, 2022 The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C66455 and C68595, 2021 ONCA 779, dated November 5, 2021 is granted. The conditional application for leave to cross-appeal by Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850, is granted. The conditional application for leave to cross-appeal by the Chief and Council of Red Rock First Nation, on behalf of the Red Rock First Nation Band of Indians, and the Chief and Council of the Whitesand First Nation on behalf of the Whitesand First Nation Band of Indians, is granted. Granted |
|
| 2022-05-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-03 | Memorandum of argument in response to the cross-appeal, (Letter Form), Completed on: 2022-03-14 | Attorney General of Ontario |
| 2022-03-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-03-14, (Printed version filed on 2022-03-04) | Attorney General of Ontario |
| 2022-02-21 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2022-02-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-03-09 | Attorney General of Canada |
| 2022-02-18 | Notice of name, (Letter Form), (Printed version filed on 2022-03-01) | Whitesand First Nation |
| 2022-02-18 | Notice of name, (Letter Form), (Printed version filed on 2022-03-01) | Red Rock First Nation |
| 2022-02-18 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-01) | Red Rock First Nation |
| 2022-02-18 | Application for leave to cross-appeal, (Book Form), CONDITIONAL, Completed on: 2022-03-09, (Printed version filed on 2022-03-01) | Red Rock First Nation |
| 2022-02-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-03-09, (Printed version filed on 2022-03-01) | Red Rock First Nation |
| 2022-02-18 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-01) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-02-18 | Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), CONDITIONAL, Completed on: 2022-03-09, (Printed version filed on 2022-03-01) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-02-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-03-09, (Printed version filed on 2022-03-01) | Mike Restoule, Patsy Corbiere, Duke Peltier, Peter Recollet, Dean Sayers and Roger Daybutch, on their own behalf and on behalf of all Members of the Ojibewa (Anishinaabe) Nation who are beneficiaries of the Robinson Huron Treaty of 1850 |
| 2022-02-18 | Notice of name, (Letter Form), (Printed version filed on 2022-03-01) | Biigtigong Nishnaabeg First Nation (aka The Begetikong Anishnabe First Nation or The Ojibways of the Pic River First Nation) |
| 2022-02-18 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-01) | Biigtigong Nishnaabeg First Nation (aka The Begetikong Anishnabe First Nation or The Ojibways of the Pic River First Nation) |
| 2022-02-18 | Intervener's memorandum of argument on application for leave, (Book Form), Completed on: 2022-03-07, (Printed version filed on 2022-03-01) | Biigtigong Nishnaabeg First Nation (aka The Begetikong Anishnabe First Nation or The Ojibways of the Pic River First Nation) |
| 2022-01-20 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-01-20 |
|
| 2022-01-04 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-01-05) | Attorney General of Ontario |
| 2022-01-04 | Application for leave to appeal, (Book Form), (3 volumes), Require: - Court of Appeal Order (rec'd 2022-04-20), Completed on: 2022-04-29, (Printed version filed on 2022-01-05) |
Attorney General of Ontario |
- Date modified: