Docket

40195

Attorney General of Canada v. Attorney General of Alberta

(Alberta) (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)
2023-04-05 Transcript received, D1-91 pages
D2-151 pages
2023-03-22 Hearing of the appeal, 2023-03-22, CJ Ka Côt Row Mar Kas Ja
2023-03-22 Judgment reserved OR rendered with reasons to follow
2023-03-21 Hearing of the appeal, 2023-03-21, FIRST DAY, CJ Ka Côt Row Mar Kas Ja
Judgment reserved
2023-03-17 Intervener's condensed book, (Book Form) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2023-03-17 Respondent's condensed book, (Book Form), (Printed version due on 2023-03-24) Attorney General of Alberta
2023-03-17 Appellant's condensed book, (Book Form), (Printed version due on 2023-03-24) Attorney General of Canada
2023-03-17 Intervener's condensed book, (Book Form) Attorney General of New Brunswick
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Mikisew Cree First Nation
2023-03-16 Intervener's condensed book, (Book Form) Explorers and Producers Association of Canada
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Woodland Cree First Nation
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Canadian Constitution Foundation
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Nature Canada and West Coast Environmental Law Association
2023-03-15 Intervener's condensed book, (Book Form) Attorney General of British Columbia
2023-03-15 Intervener's condensed book, (Book Form) Attorney General of Ontario
2023-03-15 Intervener's condensed book, (Book Form) Canadian Association of Petroleum Producers
2023-03-15 Intervener's condensed book, (Book Form) Canadian Taxpayers Federation
2023-03-15 Intervener's condensed book, (Book Form) Ecojustice Canada Society
2023-03-15 Intervener's condensed book, (Book Form) First Nations Major Projects Coalition
2023-03-15 Intervener's condensed book, (Book Form) Attorney General of Quebec
2023-03-02 Notice of appearance, Mr. Ryan Lake and Ms. Geneviève Boulay will appear before the Court and
Mr. Ryan Lake will present the oral argument
File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2023-02-28 Notice of appearance, E. Bruce Mellett, Bradley S. Gilmour, Sean R. Assie, Randy Steele Messrs. will appear before the Court and E. Bruce Mellett and Bradley S. Gilmour will be presenting oral argument.
Attorney General of Alberta
2023-02-27 Notice of appearance, Eamon Murphy and Tara McDonald will appear before the Court via Zoom and Mr. Murphy will present oral argument.
Athabasca Chipewyan First Nation
2023-02-27 Notice of appearance, Mr. Jesse McCormick, Mr. Ryan Beaton and Mr. Ron Stevenson will appear remotely via Zoom and Mr. McCormick and will present oral argument.
First Nations Major Projects Coalition
2023-02-24 Notice of appearance, Maureen Killoran, Sean Sutherland and Brodie Noga will appear via Zoom and Sean Sutherland will be presenting oral argument Business Council of Alberta
2023-02-24 Notice of appearance, Sharon L. Mascher, David V. Wright and Shaun C. Fluker will appear before the Court Via Zoom and Sharon L. Mascher, will present oral argument.
Canadian Association of Physicians for the Environment
2023-02-24 Notice of appearance, Brett Carlson, Aidan Paul, and Peter Banks will be appearing before the Court via Zoom. Brett Carlson will be presenting oral argument. Canadian Constitution Foundation
2023-02-23 Notice of appearance, Brandon Kain, Asher Honickman and Holly Kallmeye will appear before the Court and Brandon Kain will present oral argument.
Advocates for the Rule of Law
2023-02-23 Notice of appearance, Joseph F.Castrilli and Richard D. Lindgren will appear before the Court and Joseph F.Castrilli will present oral argument.
Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2023-02-23 Notice of appearance, Bruce E. Hallsor, and Josh A. Bloomenthal will appear before the Court and Mr. Hallsor will present oral argument.

Canadian Taxpayers Federation
2023-02-23 Notice of appearance, Mr. Tim Dickson and Ms. Mae Price will appear before the Court and Ms. Price will present oral argument.

Mikisew Cree First Nation
2023-02-23 Correspondence received from, Counsel will not appear at the hearing and will rely upon the written submissions previously filed Attorney General of Newfoundland and Labrador
2023-02-23 Notice of appearance, John W. Gailus and Courtenay Jacklin will appear before the Court and John Gailus will present oral argument.

Lummi Nation
2023-02-22 Notice of appearance, David W.-L. Wu will appear before the Court and will present oral argument.
Oceans North Conservation Society
2023-02-21 Notice of appearance, Jean Lortie, Dominique Amyot-Bilodeau, Simon Bouthillier will appear before the Court and Me Jean Lortie will present oral argument.
Hydro-Québec
2023-02-20 Notice of appearance, Me Frédéric Perreault and Me Jean-François Beaupré will appear before the Court and Me Perreault will present oral argument.
Attorney General of Quebec
2023-02-17 Notice of appearance, Peter A. Gall, K.C., Justina Sebastiampillai, Meredith Shaw will appear before the Court and Mr. Gall will present oral argument.
Independent Contractors and Businesses Association, and Alberta Enterprise Group
2023-02-17 Notice of appearance, J. Gareth Morley, Christopher H. Jones, and Ashley Caron will appear before the Court and J. Gareth Morley will present oral argument.
Attorney General of British Columbia
2023-02-17 Notice of appearance, Me David Robitaille and Me Marc Bishai will appear before the Court by videoconference and Me Robitaille will present oral arguments. Centre québécois du droit de l'environnement
2023-02-17 Notice of appearance, Thomson Irvine, K.C. and Noah Wernikowski will appear before the Court and Thomson Irvine will present oral argument.
Attorney General of Saskatchewan
2023-02-17 Notice of appearance, Josh Hunter and Yashoda Ranganathan will appear before the Court and Josh Hunter will present oral argument.
Attorney General of Ontario
2023-02-17 Notice of appearance, Christopher M. Rupar, Dayna Anderson, Bruce Hughson, Kerry Boyd and James Elford will appear before the Court and Christopher M. Rupar, Dayna Anderson will present oral argument.
Attorney General of Canada
2023-02-17 Notice of appearance, Michael Hynes will appear before the Court and will present oral argument.
Attorney General of New Brunswick
2023-02-17 Notice of appearance, Charles Murray will appear before the Court and will present oral argument.
Attorney General of Manitoba
2023-02-17 Notice of appearance, Brooke Barrett and L. Douglas Rae will appear before the Court and Ms. Barrett will present oral argument.
Indian Resource Council
2023-02-16 Notice of appearance, Joshua Ginsberg and Anna McIntosh will appear before the Court and Anna McIntosh will present oral argument.
Ecojustice Canada Society
2023-02-16 Notice of appearance, Ms. Anna Johnston will appear before the Court and will present oral argument.
Nature Canada and West Coast Environmental Law Association
2023-02-14 Notice of appearance, Martin Z.Olszynski will appear before the Court and will present oral argument via Zoom
World Wildlife Fund Canada
2023-02-13 Notice of appearance, Robert Martz and Anna Seefeldt will appear before the Court and Mr. Robert Martz will present oral argument.
Canadian Association of Petroleum Producers
2023-02-13 Notice of appearance, Kylan S. Kidd and Talal Murtaza will appear before the Court and Ms. Kylan Kidd will present oral argument.
Explorers and Producers Association of Canada
2023-02-13 Notice of appearance, Robert (Rob) Reynolds, KC and Ed Picard will appear before the Court and Mr. Reynolds will present the oral submissions.

Woodland Cree First Nation
2023-02-01 Respondent's book of authorities, (Book Form), Completed on: 2023-02-01, (Printed version filed on 2023-02-01) Attorney General of Alberta
2023-02-01 Reply factum on appeal, (Book Form), Completed on: 2023-02-01, (Printed version filed on 2023-02-01) Attorney General of Alberta
2023-02-01 Reply factum on appeal, (Book Form), Completed on: 2023-01-27, (Printed version filed on 2023-02-01) Attorney General of Canada
2023-01-25 Order on motion to directions, (by Justice Brown) sent by email
2023-01-25 Decision on motion for directions, Br, UPON APPLICATION by the Attorney General of Canada for an order:

1) to allow the Attorney General of Canada to respond to the Liegler affidavit as part of its reply factum to the interventions that is to be filed by February 1, 2023;

2) to allow the factum of the Attorney General of Canada in reply to all the interventions to not exceed twenty-two (22) pages in length;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2023-01-25 Submission of motion for directions, Br
2023-01-23 Response to motion for directions, (Letter Form), Completed on: 2023-01-23 Attorney General of British Columbia
2023-01-23 Motion for directions, (Book Form), Completed on: 2023-01-23, (Printed version due on 2023-01-30) Attorney General of Canada
2023-01-20 Correspondence received from, email by Karen Collins, Re: response to request by appellant Attorney General of Alberta
2023-01-20 Correspondence received from, Christopher Rupar, Re: appellant requests changes to order by Justice Brown Attorney General of Canada
2023-01-16 Order on miscellaneous motion, by BROWN J.
2023-01-16 Order on motion to adduce new evidence, by BROWN J.
2023-01-16 Decision on miscellaneous motion, See judgment on the motion to adduce new evidence., Br
Judgment accordingly
2023-01-16 Decision on motion to adduce new evidence, Br, UPON APPLICATION by the intervener, the Attorney General of Ontario for an order:

1) granting him permission to adduce new evidence;

2) granting him leave to file an amended factum referencing the proposed fresh evidence;

3) granting him the right to make oral submissions not exceeding twenty (20) minutes at the hearing of the appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion to adduce new evidence is deferred to the panel hearing the appeal.

The Attorney General of Ontario and the Attorney General of Canada may each serve and file an amended factum referencing the affidavit of Brenda Liegler, on or before January 27, 2023.

The motion for the right to additional time to present oral argument is dismissed, without prejudice to the Attorney General of Ontario seeking additional time to argue the motion at the hearing of the appeal.

Referred
2023-01-13 Submission of miscellaneous motion, Br
2023-01-13 Submission of motion to adduce new evidence, Br
2023-01-13 Reply to miscellaneous motion, (Included in the reply to motion to adduce new evidence), Completed on: 2023-01-16 Attorney General of Ontario
2023-01-13 Reply to motion to adduce new evidence, (Book Form), Completed on: 2023-01-13, (Printed version filed on 2023-01-13) Attorney General of Ontario
2023-01-11 Order by, Br, UPON APPLICATIONS by Indian Resource Council; File Hills Qu’Appelle Tribal Council and Pasqua First Nation (jointly); World Wildlife Fund Canada; Nature Canada and West Coast Environmental Law Association (jointly); Canadian Association of Petroleum Producers; Canadian Taxpayers Federation; Athabasca Chipewyan First Nation; Business Council of Alberta; Ecojustice Canada Society; Woodland Cree First Nation; Mikisew Cree First Nation; Hydro-Québec; Canadian Constitution Foundation; Independent Contractors and Businesses Association, and Alberta Enterprise Group (jointly); Canadian Association of Physicians for the Environment; Advocates for the Rule of Law; Oceans North Conservation Society; Canadian Environmental Law Association, Environmental Defence Canada Inc. and Miningwatch Canada Inc. (jointly); Explorers and Producers Association of Canada; First Nations Major Projects Coalition; Centre québécois du droit de l’environnement; and Lummi Nation for permission to present oral arguments at the hearing of the appeal;

AND SUBSEQUENT to my order dated November 3, 2022 in which I indicated that “The requests to present oral arguments at the hearing of the appeal will be addressed upon receipt and review of the interveners’ factums.”;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The twenty-two (22) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2023-01-06 Response to miscellaneous motion, (Included in the response to the motion to adduce new evidence), Completed on: 2023-01-09 Attorney General of Canada
2023-01-06 Response to the motion to adduce new evidence, (Book Form), Completed on: 2023-01-09, (Printed version due on 2023-01-13) Attorney General of Canada
2022-12-23 Response to miscellaneous motion, (Included in the response to the motion to adduce new evidence), Completed on: 2022-12-29 Attorney General of Alberta
2022-12-23 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2022-12-29, (Printed version due on 2023-01-04) Attorney General of Alberta
2022-12-22 Notice of withdrawal, (Book Form), Of Intervention, Completed on: 2023-01-03, (Printed version due on 2023-01-03) Attorney General of Prince Edward Island
2022-12-22 Notice of withdrawal, (Book Form), Of Intervention, Completed on: 2023-01-03, (Printed version due on 2023-01-03) Attorney General of Nova Scotia
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-05, (Printed version filed on 2022-12-21) Oceans North Conservation Society
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Nature Canada and West Coast Environmental Law Association
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Nature Canada and West Coast Environmental Law Association
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Advocates for the Rule of Law
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Advocates for the Rule of Law
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-23) Hydro-Québec
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) First Nations Major Projects Coalition
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Centre québécois du droit de l'environnement
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Centre québécois du droit de l'environnement
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-29) Explorers and Producers Association of Canada
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Printed version filed on 2022-12-21) Lummi Nation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Canadian Constitution Foundation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-22, (Electronic version filed on 2022-12-22) Oceans North Conservation Society
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Saskatchewan
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Saskatchewan
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Woodland Cree First Nation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Newfoundland and Labrador
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Canadian Association of Physicians for the Environment
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Ecojustice Canada Society
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Ecojustice Canada Society
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Canadian Association of Petroleum Producers
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-20, (Electronic version filed on 2022-12-21) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-20) Business Council of Alberta
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Business Council of Alberta
2022-12-20 Intervener's factum, (Book Form), Amended version filed on 2023-01-27, Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Attorney General of Ontario
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Attorney General of British Columbia
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2022-12-20, (Printed version filed on 2022-12-20) Attorney General of Quebec
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-20, (Printed version filed on 2022-12-20) Attorney General of Quebec
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Canadian Taxpayers Federation
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Canadian Taxpayers Federation
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Mikisew Cree First Nation
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Mikisew Cree First Nation
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Manitoba
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Manitoba
2022-12-20 Response to miscellaneous motion, (Included in the response to the motion to adduce new evidence), Completed on: 2022-12-23 Attorney General of British Columbia
2022-12-20 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2022-12-23, (Printed version due on 2022-12-29) Attorney General of British Columbia
2022-12-19 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-19) Athabasca Chipewyan First Nation
2022-12-19 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Attorney General of New Brunswick
2022-12-19 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Attorney General of New Brunswick
2022-12-19 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Indian Resource Council
2022-12-16 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) World Wildlife Fund Canada
2022-12-16 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) World Wildlife Fund Canada
2022-12-15 Notice of miscellaneous motion, (Included in the motion to adduce new evidence), Motion to be granted additional time for oral submissions and for permission to file an amended factum., Completed on: 2022-12-15 Attorney General of Ontario
2022-12-15 Motion to adduce new evidence, (Book Form), (4 volumes), Missing: Filing Fee (rec' 12/16/22), Completed on: 2022-12-19, (Printed version filed on 2022-12-16) Attorney General of Ontario
2022-11-23 Respondent's book of authorities, (Book Form), Completed on: 2022-12-09, (Printed version filed on 2022-11-23) Attorney General of Alberta
2022-11-23 Respondent's factum, (Book Form), Completed on: 2022-12-09, (Printed version filed on 2022-11-23) Attorney General of Alberta
2022-11-04 Letter sent to Intervener(s)
2022-11-03 Order on motion to extend time, by BROWN J.
2022-11-03 Order on motion for leave to intervene, by BROWN J.
2022-11-03 Decision on motion to extend time, Br, See order on motions for leave to intervene.
Granted
2022-11-03 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by Indian Resource Council; File Hills Qu’Appelle Tribal Council and Pasqua First Nation (jointly); World Wildlife Fund Canada; Nature Canada and West Coast Environmental Law Association (jointly); Canadian Association of Petroleum Producers; Canadian Taxpayers Federation; Athabasca Chipewyan First Nation; Business Council of Alberta; Ecojustice Canada Society; Woodland Cree First Nation; Mikisew Cree First Nation; Hydro-Québec; Canadian Constitution Foundation; Independent Contractors and Businesses Association, and Alberta Enterprise Group (jointly); Canadian Association of Physicians for the Environment; Advocates for the Rule of Law; Oceans North Conservation Society; Canadian Environmental Law Association, Environmental Defence Canada Inc. and Miningwatch Canada Inc. (jointly); Explorers and Producers Association of Canada; First Nations Major Projects Coalition; Centre québécois du droit de l’environnement; and Lummi Nation for leave to intervene in the above appeal;

AND UPON APPLICATION by Lummi Nation for an order extending the time to serve and file their motion for leave to intervene to October 5, 2022;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time filed by Lummi Nation is granted.

The motions for leave to intervene are granted and the twenty-two (22) 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 December 21, 2022.

The requests to present oral arguments at the hearing of the appeal will be addressed upon receipt and review of the interveners’ factums.

The appellant and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed twenty (20) pages in length on or before February 1st, 2023.

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

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 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 of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Prince Edward Island, the Attorney General of Saskatchewan and the Attorney General of Newfoundland and Labrador are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

Granted
2022-11-01 Notice of hearing sent to parties, (by email)
2022-11-01 Appeal hearing scheduled, 2023-03-22, Day 2 - For Webcasting Purposes
2022-11-01 Appeal hearing scheduled, 2023-03-21
Judgment reserved
2022-10-28 Submission of motion to extend time, Br
2022-10-28 Submission of motion for leave to intervene, Br
2022-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2022-10-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-17) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-10-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-18) Canadian Taxpayers Federation
2022-10-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-12, (Printed version filed on 2022-10-14) Attorney General of Alberta
2022-10-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-11, (Printed version due on 2022-10-17) Attorney General of Canada
2022-10-05 Notice of name, (Letter Form), (Printed version filed on 2022-10-05) Lummi Nation
2022-10-05 Motion to extend time, (Included in the motion for leave to intervene), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-10-05) Lummi Nation
2022-10-05 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-10-05) Lummi Nation
2022-09-29 Order by, Reg, IT IS HEREBY ORDERED THAT:

Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada:

Any attorney general intervening in this appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a factum not to exceed twenty (20) pages in length and book of authorities, if any, on or before December 21, 2022.

Judgment accordingly
2022-09-29 Correspondence received from, (Letter Form), the respondent, RE: Filing Deadlines, (Printed version due on 2022-10-07) Attorney General of Alberta
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Explorers and Producers Association of Canada
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-29) Explorers and Producers Association of Canada
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Oceans North Conservation Society
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) Oceans North Conservation Society
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Motion for leave to intervene, (Book Form), Completed on: 2022-10-04, (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version due on 2022-10-06) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Constitution Foundation
2022-09-28 Motion for leave to intervene, (Book Form), Completed on: 2022-10-12, (Printed version filed on 2022-09-28) Canadian Constitution Foundation
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Hydro-Québec
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/04/22), Completed on: 2022-10-04, (Printed version filed on 2022-09-29) Hydro-Québec
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Ecojustice Canada Society
2022-09-27 Other book of authorities, (Book Form), Completed on: 2022-10-05, (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Mikisew Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28)
, Completed on: 2022-09-28, (Printed version filed on 2022-09-28)
Mikisew Cree First Nation
2022-09-27 Notice of name, (Letter Form), (Printed version due on 2022-10-05) Woodland Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version due on 2022-10-05) Woodland Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22)
Notice of Name-Form 14 (rec' 09/28/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28)
Ecojustice Canada Society
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Athabasca Chipewyan First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28)
, Completed on: 2022-09-28, (Printed version filed on 2022-09-28)
Athabasca Chipewyan First Nation
2022-09-26 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Taxpayers Federation
2022-09-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28), Completed on: 2022-09-28, (Printed version filed on 2022-09-28) Canadian Taxpayers Federation
2022-09-23 Correspondence received from, (Letter Form), AGQ, RE: Filing Deadlines, (Printed version due on 2022-10-03) Attorney General of Quebec
2022-09-23 Notice of name, (Letter Form), Amended version filed on September 29, 2022., (Printed version filed on 2022-09-28) Canadian Association of Petroleum Producers
2022-09-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/28/22), Completed on: 2022-12-02, (Printed version filed on 2022-09-28) Canadian Association of Petroleum Producers
2022-09-23 Notice of name, (Letter Form), For West Coast Environmental Law Association
Missing: Proof of Service (rec' 10/05/22), (Printed version filed on 2022-09-23)
Nature Canada and West Coast Environmental Law Association
2022-09-23 Notice of name, (Letter Form), For Nature Canada
Misssing: Proof of Service (rec' 10/05/22), (Printed version due on 2022-10-03)
Nature Canada and West Coast Environmental Law Association
2022-09-23 Other book of authorities, (Book Form), Missing: Proof of Service (rec' 10/05/22), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) Nature Canada and West Coast Environmental Law Association
2022-09-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd 2022-09-27)
Proof of Service (rec' 10/05/22), Completed on: 2022-10-05, (Printed version filed on 2022-09-23)
Nature Canada and West Coast Environmental Law Association
2022-09-22 Correspondence received from, (Letter Form), AGM, AGNB, AGNS, AGNL, AGPEI and AGS
RE: Filing Deadlines, (Printed version due on 2022-09-29)
Attorney General of New Brunswick
2022-09-22 Notice of name, (Letter Form), Missing: Proof of Service for the Attorney Generals (rec' 09/26/22), (Printed version filed on 2022-09-23) World Wildlife Fund Canada
2022-09-22 Motion for leave to intervene, (Book Form), Missing: Proof of Service for the Attorney Generals (rec' 09/26/22), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) World Wildlife Fund Canada
2022-09-21 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-21 Notice of name, (Letter Form), (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-21 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/28/22), Completed on: 2022-11-28, (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-16 Notice of name, (Letter Form), (Printed version due on 2022-09-23) Indian Resource Council
2022-09-16 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-09-16) Indian Resource Council
2022-09-01 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-09-09) Attorney General of Canada
2022-09-01 Certificate (on limitations to public access), (Letter Form), 23A-Appeal documents, (Printed version due on 2022-09-09) Attorney General of Canada
2022-08-31 Appellant's book of authorities, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-08-31 Appellant's record, (Book Form), (13 volumes), Certificate 24 missing-rec'd 2022/09/01, Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-08-31 Appellant's factum, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-15) Attorney General of Ontario
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-11) Attorney General of Prince Edward Island
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-11) Attorney General of Newfoundland and Labrador
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version due on 2022-07-13) Attorney General of Quebec
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version due on 2022-07-13) Attorney General of British Columbia
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Nova Scotia
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of New Brunswick
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Manitoba
2022-07-05 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Saskatchewan
2022-06-22 Order on miscellaneous motion, by JAMAL J.
2022-06-22 Decision on miscellaneous motion, Ja, UPON APPLICATION by the appellant for an order,

1) granting them permission to file a factum in which Parts I to V do not exceed fifty (50) pages in length, and extending the time to serve and file said factum to August 31, 2022;

2) granting the respondent, the Attorney General of Alberta, permission to file a factum in which Parts I to V do not exceed fifty (50) pages in length, and extending the time to serve and file said factum to November 23, 2022;

3) granting any interveners that have been granted leave to intervene in this matter permission to each file a factum not exceeding ten (10) pages in length, and extending the time to serve and file said factum to December 21, 2022;

4) granting any Attorney General intervening in this matter as of right, pursuant to Rule 33(4) of the Rules of the Supreme Court of Canada, permission to each file a factum not exceeding twenty (20) pages in length, and extending the time to serve and file said factum to December 21, 2022;

5) granting both the appellant and the respondent permission to each file a factum not exceeding twenty (20) pages in length in reply to the potential interveners’ facta, on or before February 1, 2023;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted in part.

The appellant shall be entitled to file a factum not exceeding fifty (50) pages in length, and shall serve and file said factum, along with their record and book of authorities, if any, on or before August 31, 2022.

The respondent shall be entitled to file a factum not exceeding fifty (50) pages in length, and shall serve and file said factum, along with their record and book of authorities, if any, on or before November 23, 2022.

The requests surrounding the date for the filing of potential interveners’ facta and the length of said facta will be addressed at a later time.

The request for an order granting leave to both the Attorney General of Canada and the Attorney General of Alberta to serve and file a factum not exceeding twenty (20) pages in length in reply to the potential interveners’ facta, on or before February 1, 2023, will be addressed at a later time.

Judgment accordingly
2022-06-22 Submission of miscellaneous motion, Ja
2022-06-10 Response to miscellaneous motion, (Letter Form), Completed on: 2022-06-20, (Printed version due on 2022-06-17) Attorney General of Alberta
2022-06-09 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-06-09
2022-06-08 Notice of miscellaneous motion, (Book Form), Motion regarding filing deadlines with a request to file lengthy factums, Completed on: 2022-06-09, (Printed version due on 2022-06-15) Attorney General of Canada
2022-06-08 Notice of constitutional question(s), (Book Form), Completed on: 2022-06-09, (Printed version due on 2022-06-15) Attorney General of Canada
2022-06-08 Notice of appeal, (Book Form), Completed on: 2022-06-08, (Printed version due on 2022-06-15) Attorney General of Canada