Docket

40153

Jim Shot Both Sides, et al. v. His Majesty the King

(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)
2024-04-12 Formal judgment sent to the registrar of the court of appeal and all parties
2024-04-12 Judgment on appeal and notice of deposit of judgment sent to all parties
2024-04-12 Judgment on the appeal rendered, CJ Côt Row Mar Kas Ja Ob, The appeal from the judgment of the Federal Court of Appeal, Number A-329-19, 2022 FCA 20, dated February 10, 2022, heard on October 12, 2023, is allowed in part and it is declared that:

Under the treaty land entitlement provisions of Treaty No. 7, the Blood Tribe was entitled to a reserve equal to 710 square miles in area;

The Blood Tribe’s current reserve is 162.5 square miles smaller in area than what was promised in Treaty No. 7; and

Canada, having provided the Blood Tribe with a reserve of 547.5 square miles in area, dishonourably breached the treaty land entitlement provisions of Treaty No. 7.

The appellants are awarded their costs throughout.

Allowed in part, with costs
2024-02-22 Supplemental document, (Letter Form), Corrected reasons of the FCA, Completed on: 2024-02-28, (Printed version due on 2024-02-29) Jim Shot Both Sides
2023-10-25 Transcript received, 148 Pages
2023-10-12 Judgment reserved OR rendered with reasons to follow
2023-10-12 Hearing of the appeal, 2023-10-12, CJ Côt Row Mar Kas Ja Ob
2023-10-11 Correspondence received from, (Letter Form), Correspondence concerning Blood Tribe members present at the hearing Jim Shot Both Sides
2023-10-10 Intervener's condensed book, (Book Form) Attorney General of Saskatchewan
2023-10-10 Appellant's condensed book, (Book Form) Jim Shot Both Sides
2023-10-10 Correspondence received from, (Letter Form), Correspondence regarding ceremonial procession and songs to be completed outdoors in front of the Court Jim Shot Both Sides
2023-10-10 Respondent's condensed book, (Book Form), (Printed version due on 2023-10-17) His Majesty the King
2023-10-10 Intervener's condensed book, (Book Form), Amended version received (2023-10-10), (Printed version due on 2023-10-17) Attorney General of Alberta
2023-10-10 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2023-09-22 Supplemental document, (Book Form), Supplemental Book of Authorities
, Completed on: 2023-09-25, (Printed version filed on 2023-09-25)
Jim Shot Both Sides
2023-09-21 Notice of appearance, (Letter Form), Dianne Corbiere, Catherine Boies Parker, Christopher Albinat will appear before the Court. Dianne Corbiere will present oral argument., (Printed version due on 2023-09-28) Robinson Huron Treaty Anishinaabek
2023-09-19 Notice of appearance, Neil Dobson and Heather A. Campbell will appear before the Court and Neil Dobson will present oral argument.
Attorney General of Alberta
2023-09-19 Notice of appearance, Carly Fox will appear before the Court and will present oral argument.
Assembly of Manitoba Chiefs
2023-09-18 Notice of appearance, Mr. Stuart Wuttke, Mr. Adam Williamson and Ms. Lacey Kassis will appear before the Court and Mr. Williamson will present oral argument.
Assembly of First Nations
2023-09-15 Notice of appearance, Dayna Anderson, Anusha Aruliah and Amy Martin-LeBlanc will be attending in person at the hearing. Dayna Anderson will be making submissions to the court on behalf of the Respondent. His Majesty the King
2023-09-15 Notice of appearance, (Letter Form), AMENDED

Me Marie-Claude André-Grégoire and Me Isabelle Boisvert-Chastenay will appear remotely via Zoom at the hearing. Me Isabelle Boisvert-Chastenay will be presenting oral submissions.
Innu Takuaikan Uashat Mak Mani-Utenam
2023-09-14 Notice of appearance, (Letter Form), Gary Befus, Brendan Miller, Eugene Meehan, K.C. and Thomas Slade will be attending in person at the hearing. Mr. Befus and Mr. Miller will be making submissions to the court on behalf of the Appellants. Jim Shot Both Sides
2023-09-14 Notice of appearance, (Letter Form), Richard Ogden and Imran Kamal will appear remotely via Zoom at the hearing. Mr. Ogden will be presenting oral submissions. Attorney General of Ontario
2023-09-14 Notice of appearance, (Letter Form), P. Mitch McAdam, K.C. will all be appearing for the intervener and will be making oral submissions at the hearing. Attorney General of Saskatchewan
2023-09-12 Notice of appearance, Kate Gunne will all be appearing for the intervener and will be making oral submissions at the hearing. Treaty 8 First Nations of Alberta
2023-09-11 Notice of appearance, (Letter Form), David M. Robbins, Jessica Proudfoot and Alexis C. Giannelia are counsel for the intervener. Greg Allen will be making oral submissions at the hearing. Cowichan Tribes, Stz'Uminus First Nation, Penelakut Tribe and Halalt First Nation
2023-08-18 Respondent's book of authorities, (Book Form), for the Reply Factum, Completed on: 2023-08-18, (Printed version filed on 2023-08-18) His Majesty the King
2023-08-18 Reply factum on appeal, Completed on: 2023-08-18, (Printed version filed on 2023-08-18) His Majesty the King
2023-08-17 Reply factum on appeal, (Book Form), Completed on: 2023-08-18, (Printed version filed on 2023-08-18) Jim Shot Both Sides
2023-08-04 Intervener's factum, (Book Form), Completed on: 2023-08-09, (Printed version filed on 2023-08-10) Attorney General of Ontario
2023-08-04 Intervener's factum, (Book Form), Completed on: 2023-08-09, (Printed version filed on 2023-08-10) Federation of Sovereign Indigenous Nations
2023-08-03 Intervener's book of authorities, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Assembly of Manitoba Chiefs
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Assembly of Manitoba Chiefs
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-04, (Electronic version filed on 2023-08-04) Assembly of First Nations
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Electronic version filed on 2023-08-04) Attorney General of Alberta
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Lac La Ronge
2023-08-03 Intervener's book of authorities, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Robinson Huron Treaty Anishinaabek
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Robinson Huron Treaty Anishinaabek
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Attorney General of Saskatchewan
2023-08-03 Intervener's book of authorities, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Treaty 8 First Nations of Alberta
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Treaty 8 First Nations of Alberta
2023-08-03 Intervener's book of authorities, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Innu Takuaikan Uashat Mak Mani-Utenam
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Innu Takuaikan Uashat Mak Mani-Utenam
2023-08-03 Intervener's book of authorities, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Cowichan Tribes, Stz'Uminus First Nation, Penelakut Tribe and Halalt First Nation
2023-08-03 Intervener's factum, (Book Form), Completed on: 2023-08-03, (Printed version filed on 2023-08-03) Cowichan Tribes, Stz'Uminus First Nation, Penelakut Tribe and Halalt First Nation
2023-07-14 Supplemental document, Corrected Reasons for Judgment of the Federal Court of Appeal, dated July 13, 2023., Completed on: 2023-08-22 Jim Shot Both Sides
2023-07-14 Correspondence received from, regarding a revised set of reasons from the Court of Appeal. Jim Shot Both Sides
2023-06-27 Notice of hearing sent to parties, via email.
2023-06-27 Appeal hearing scheduled, 2023-10-12
2023-06-26 Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-06-26) His Majesty the King
2023-06-26 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2023-06-26, (Printed version filed on 2023-06-26) His Majesty the King
2023-06-26 Respondent's factum, (Book Form), Completed on: 2023-06-26, (Printed version filed on 2023-06-26) His Majesty the King
2023-06-23 Order on motion for leave to intervene, by JAMAL J.
2023-06-23 Decision on the motion for leave to intervene, Ja, UPON APPLICATIONS by the Attorney General of Saskatchewan; Treaty 8 First Nations of Alberta; Lac La Ronge; Tsawout First Nation; Innu Takuaikan Uashat Mak Mani-Utenam; the Attorney General of Alberta; Siksika Nation; Robinson Huron Treaty Anishinaabek; the Assembly of Manitoba Chiefs; Six Nations of the Grand River Band of Indians; the Attorney General of Ontario; Cowichan Tribes, Stz’Uminus First Nation, Penelakut tribe and Halalt First Nation (jointly; Red Rock First Nation and Whitesand First Nation (jointly); Duncan’s First Nation; the Federation of Sovereign Indigenous Nations; the Assembly of First Nations; and Biigtigong Nishnaabeg First Nation, Netmizaaggamig Nishnaabeg First Nation, Bingwi Neyaashi Anishinaabeg and Biinjitiwaabik Zaaging Anishinaabek (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 filed by Tsawout First Nation; Siksika Nation; Six Nations of the Grand River Band of Indians; Red Rock First Nations and Whitesand First Nation (jointly); Duncan’s First Nation; and Biigtigong Nishnaabeg First Nation, Netmizaaggamig Nishnaabeg First Nation, Bingwi Neyaashi Anishinaabeg and Biinjitiwaabik Zaaging Anishinaabek (jointly) are dimissed.

The motions for leave to intervene filed by the Attorney General of Saskatchewan; Treaty 8 First Nations of Alberta; Lac La Ronge; Innu Takuaikan Uashat Mak Mani-Utenam; the Attorney General of Alberta; Robinson Huron Treaty Anishinaabek; the Assembly of Manitoba Chiefs; the Attorney General of Ontario; Cowichan Tribes, Stz’Uminus First Nation, Penelakut Tribe and Halalt First Nation (jointly); the Federation of Sovereign Indigenous Nations; and the Assembly of First Nations are granted.

The eleven (11) interveners or groups of interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before August 4, 2023.

The eleven (11) interveners or groups of interveners are granted- permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The appellants and respondent are granted permission to each serve and file a single factum in response to all interventions, not to exceed five (5) pages in length, on or before August 18, 2023.

The interveners or group 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 respondent any additional disbursements resulting from their interventions.

Judgment accordingly
2023-06-21 Submission of motion for leave to intervene, Ja
2023-06-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2023-06-08 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-12, (Printed version filed on 2023-06-09) Jim Shot Both Sides
2023-06-08 Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-06-12 His Majesty the King
2023-05-29 Notice of name Biigtigong Nishnaabeg First Nation, Netmizaaggamig Nishnaabeg First Nation, Bingwi Neyaashi Anishinaabek and Biinjitiwaabik Zaaging Anishinaabek
2023-05-29 Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2023-06-02) Biigtigong Nishnaabeg First Nation, Netmizaaggamig Nishnaabeg First Nation, Bingwi Neyaashi Anishinaabek and Biinjitiwaabik Zaaging Anishinaabek
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-05-31, (Printed version filed on 2023-05-30) Assembly of First Nations
2023-05-29 Notice of name Federation of Sovereign Indigenous Nations
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-05-31, (Printed version filed on 2023-05-29) Federation of Sovereign Indigenous Nations
2023-05-29 Notice of name Duncan's First Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-01, (Printed version filed on 2023-05-29) Duncan's First Nation
2023-05-29 Notice of name Red Rock First Nation and Whitesand First Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-09, (Printed version filed on 2023-05-29) Red Rock First Nation and Whitesand First Nation
2023-05-29 Notice of name Cowichan Tribes, Stz'Uminus First Nation, Penelakut Tribe and Halalt First Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-01, (Printed version filed on 2023-05-30) Cowichan Tribes, Stz'Uminus First Nation, Penelakut Tribe and Halalt First Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-02, (Printed version filed on 2023-05-29) Attorney General of Ontario
2023-05-29 Notice of name, (Letter Form), (Printed version filed on 2023-05-31) Six Nations of the Grand River Band of Indians
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-21, (Printed version filed on 2023-05-31) Six Nations of the Grand River Band of Indians
2023-05-29 Notice of name Assembly of Manitoba Chiefs
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-01, (Printed version filed on 2023-05-29) Assembly of Manitoba Chiefs
2023-05-29 Intervener's book of authorities, (Book Form), Completed on: 2023-05-30 Robinson Huron Treaty Anishinaabek
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-09, (Printed version filed on 2023-05-29) Robinson Huron Treaty Anishinaabek
2023-05-29 Notice of name Siksika Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-13, (Printed version filed on 2023-05-29) Siksika Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-09, (Printed version filed on 2023-05-29) Attorney General of Alberta
2023-05-29 Notice of name Innu Takuaikan Uashat Mak Mani-Utenam
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-01, (Printed version filed on 2023-05-29) Innu Takuaikan Uashat Mak Mani-Utenam
2023-05-29 Notice of name Tsawout First Nation
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-01, (Printed version filed on 2023-05-29) Tsawout First Nation
2023-05-29 Notice of name Lac La Ronge
2023-05-29 Motion for leave to intervene, (Book Form), Completed on: 2023-06-13, (Printed version filed on 2023-05-29) Lac La Ronge
2023-05-26 Notice of name Treaty 8 First Nations of Alberta
2023-05-26 Intervener's book of authorities, (Book Form), Completed on: 2023-05-30 Treaty 8 First Nations of Alberta
2023-05-26 Motion for leave to intervene, (Book Form), Completed on: 2023-05-30, (Printed version filed on 2023-05-29) Treaty 8 First Nations of Alberta
2023-05-26 Motion for leave to intervene, (Book Form), Completed on: 2023-06-09, (Printed version filed on 2023-05-26) Attorney General of Saskatchewan
2023-05-01 Certificate of counsel (attesting to record), Form 24, (Printed version filed on 2023-05-01) Jim Shot Both Sides
2023-05-01 Appellant's book of authorities, (Book Form), Completed on: 2023-05-01, (Printed version filed on 2023-05-01) Jim Shot Both Sides
2023-05-01 Appellant's record, (Book Form), (2 volumes), Amended volume I rec'd 2023-07-14, Completed on: 2023-05-01, (Printed version filed on 2023-05-01) Jim Shot Both Sides
2023-05-01 Appellant's factum, (Book Form), Completed on: 2023-05-01, (Printed version filed on 2023-05-01) Jim Shot Both Sides
2023-03-06 Notice of appeal, Completed on: 2023-03-06, (Printed version filed on 2023-03-06) Jim Shot Both Sides
2023-02-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-02-02 Judgment on leave sent to the parties
2023-02-02 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-329-19, 2022 FCA 20, dated February 10, 2022, is granted with costs in the cause.
Granted, with costs in the cause
2022-12-12 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-07-25 Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-27, (Printed version filed on 2022-07-29) Jim Shot Both Sides
2022-06-29 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-07) His Majesty the King
2022-06-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-06, (Printed version due on 2022-07-07) His Majesty the King
2022-05-31 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-05-31
2022-04-11 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-04-19) Jim Shot Both Sides
2022-04-11 Notice of name, (Letter Form), (Printed version filed on 2022-04-19) Jim Shot Both Sides
2022-04-11 Application for leave to appeal, (Book Form), Completed on: 2022-04-11, (Printed version filed on 2022-04-19) Jim Shot Both Sides