Docket

40619

Attorney General of Québec v. Pekuakamiulnuatsh Takuhikan

(Quebec) (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)
2024-05-08 Transcript received, D1-99 pages
D2-69 pages
2024-04-24 Judgment reserved OR rendered with reasons to follow
2024-04-24 Hearing of the appeal, 2024-04-23, CJ Ka Côt Row Mar Kas Ja Ob Mor
Judgment reserved
2024-04-19 Intervener's condensed book, (Book Form), (Printed version due on 2024-04-26) Indigenous Police Chiefs of Ontario
2024-04-19 Intervener's condensed book, (Book Form), (Printed version due on 2024-04-26) First Nations Child & Family Caring Society of Canada
2024-04-19 Intervener's condensed book, (Book Form), (Printed version filed on 2024-04-19) Okanagan Indian Band
2024-04-19 Respondent's condensed book, (Book Form) Pekuakamiulnuatsh Takuhikan
2024-04-19 Intervener's condensed book, (Book Form), (Printed version filed on 2024-04-19) Congress of Aboriginal Peoples
2024-04-18 Order on motion to adduce new evidence, By JUSTICE CÔTÉ
2024-04-18 Decision on motion to adduce new evidence, Côt, UPON APPLICATION by the respondent, Pekuakamiulnuatsh Takuhikan, for an order granting leave to adduce new evidence;

AND THE MATERIAL FILED having been read;


IT IS HEREBY ORDERED THAT:

The respondent’s motion to adduce new evidence is referred to the panel hearing the appeal.

Referred
2024-04-18 Submission of motion to adduce new evidence, Côt
2024-04-18 Appellant's condensed book, (Book Form), (Printed version due on 2024-04-25) Attorney General of Québec
2024-04-17 Intervener's condensed book, (Book Form), (Printed version filed on 2024-04-17) Attorney General of Canada
2024-04-16 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2024-04-17, (Printed version due on 2024-04-23) Attorney General of Québec
2024-04-15 Respondent's book of authorities, (Book Form), Suppl. Book of authorities , Completed on: 2024-04-16, (Printed version filed on 2024-04-15) Pekuakamiulnuatsh Takuhikan
2024-04-15 Motion to adduce new evidence, (Book Form), Completed on: 2024-04-16, (Printed version filed on 2024-04-15) Pekuakamiulnuatsh Takuhikan
2024-04-09 Reply factum on appeal, (Book Form), Completed on: 2024-04-09, (Printed version filed on 2024-04-10) Attorney General of Québec
2024-04-08 Intervener's factum, (Book Form), Completed on: 2024-04-11, (Printed version due on 2024-04-15) First Nations Child & Family Caring Society of Canada
2024-04-02 Intervener's book of authorities, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-02) Indigenous Police Chiefs of Ontario
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-02) Indigenous Police Chiefs of Ontario
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-02) Assembly of First Nations
2024-04-02 Intervener's factum, (Book Form), Amended version - required (due to the technical issues with footnotes etc.) (Rec'd 2024-04-09), Completed on: 2024-04-02, (Printed version filed on 2024-04-09) Congress of Aboriginal Peoples
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Attorney General of Ontario
2024-04-02 Notice of appearance, (Letter Form), Counsel for the intervener, David Tortell and Charles Hinse-MacCulloch will appear remotely via Zoom.
Mr. Tortell will be presenting oral submissions on behalf of the Attorney General for Ontario., (Printed version due on 2024-04-09)
Attorney General of Ontario
2024-04-02 Intervener's book of authorities, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Assembly of Manitoba Chiefs
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Assembly of Manitoba Chiefs
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Attorney General of Alberta
2024-04-02 Intervener's book of authorities, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Okanagan Indian Band
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Okanagan Indian Band
2024-04-02 Intervener's book of authorities, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Assembly of First Nations Quebec-Labrador
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) Assembly of First Nations Quebec-Labrador
2024-04-02 Intervener's book of authorities, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) First Nations Child & Family Caring Society of Canada
2024-04-02 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-02) First Nations Child & Family Caring Society of Canada
2024-03-28 Intervener's factum, (Book Form), Completed on: 2024-04-02, (Electronic version filed on 2024-03-28) Attorney General of Saskatchewan
2024-03-27 Order by, Kas, WHEREAS the intervener the Attorney General of Canada is an intervener as of right under Rule 22(3)(c)(1) of the Rules of the Supreme Court of Canada;

IT IS HEREBY ORDERED THAT:

The intervener, the Attorney General of Canada, is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

Judgment accordingly
2024-03-27 Order on motion to file a reply factum on appeal, by JUSTICE KASIRER
2024-03-27 Decision on the motion to file a reply factum on appeal, Kas, UPON MOTION by the Appellant, the Attorney General of Quebec, for an order permitting the service and filing of factum not exceeding ten (10) pages in length in reply to factums of the respondent and the eleven (11) interveners.

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

The Appellant, the Attorney General of Quebec, may serve and file a reply factum not exceeding ten (10) pages in length on or before April 9, 2024.

Granted
2024-03-27 Submission of motion to file a reply factum on appeal, Kas
2024-03-26 Notice of appearance, Counsel for the Intervener Claire Truesdale and Mary (Molly) Churchill will appear virtually. Claire Truesdale will present oral arguments on behalf of the OIB. Okanagan Indian Band
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Intervener Naiomi Metallic and Logan Stack will appear virtually and will present oral arguments on behalf of the FNCFCSC. , (Printed version due on 2024-04-04) First Nations Child & Family Caring Society of Canada
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Intervener, Julian Falconer, Asha James, Jeremy Greenberg, and Shelby Percival will appear virtually. Julian Falconer will present oral arguments on behalf of the IPCO.
IPCO intends to file a condensed book and there will be 2 seats reserved in the Courtroom for Chief of Police Darren Montour and Chief of Police James Killeen. , (Printed version due on 2024-04-04)
Indigenous Police Chiefs of Ontario
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Intervener Marie-Eve Dumont, Jameela Jeeroburkhan, Sara Andrade and Wade MacAulay will appear virtually. Marie- Eve Dumont will present oral arguments. , (Printed version due on 2024-04-04) Assembly of First Nations Quebec-Labrador
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Respondent, Benoît Amyot, Léonie Boutin, Audrey Poirier and Jacynthe Ledoux will be appearing in person. Benoît Amyot and Léonie Boutin will present oral arguments. , (Printed version due on 2024-04-04) Pekuakamiulnuatsh Takuhikan
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Intervener Julie McGregor will appear virtually and will present oral arguments on behalf of the AFN. , (Printed version due on 2024-04-04) Assembly of First Nations
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Intervener François Joyal, Marc Rebeiro and Marie-Eve Robillard will appear virtually. François Joyal will present oral arguments on behalf of the AGC. , (Printed version due on 2024-04-04) Attorney General of Canada
2024-03-26 Notice of appearance, (Letter Form), Counsel for the Intervener Carly Fox and Nick Saunders will appear virtually. Nick Saunders will present oral arguments on behalf of the AMC; , (Printed version due on 2024-04-04) Assembly of Manitoba Chiefs
2024-03-25 Notice of appearance, (Letter Form), Counsel for the Intervener Krista Epton and Angela Edgington will appear virtually. Krista Epton will present oral arguments on behalf of the AGA. , (Printed version due on 2024-04-03) Attorney General of Alberta
2024-03-25 Notice of appearance, (Letter Form), Counsel for the Intervener R. James Fyfe will appear virtually and will present oral arguments on behalf of the AGS; , (Printed version due on 2024-04-03) Attorney General of Saskatchewan
2024-03-21 Notice of appearance, (Letter Form), Annick Dupré and Étienne Cloutier will appear before the Court and Catheryne Bélanger will appear virtually. Annick Dupré will present oral argument. Michel Déom will appear in person.
Attorney General of Québec
2024-03-21 Notice of appearance, (Book Form), Counsel for the Intervener Andrew Lokan and Glynnis Hawe will appear virtually. Glynnis Hawe will present oral arguments; , (Printed version due on 2024-03-28) Congress of Aboriginal Peoples
2024-03-18 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2024-03-21, (Printed version due on 2024-03-25) Attorney General of Canada
2024-03-13 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2024-03-15, (Printed version filed on 2024-03-18) Pekuakamiulnuatsh Takuhikan
2024-03-08 Certificate of counsel (attesting to record), 24B Pekuakamiulnuatsh Takuhikan
2024-03-08 Certificate (on limitations to public access), 23A Pekuakamiulnuatsh Takuhikan
2024-03-08 Notice of name, (Letter Form) Pekuakamiulnuatsh Takuhikan
2024-03-08 Respondent's book of authorities, (Book Form), Completed on: 2024-03-08 Pekuakamiulnuatsh Takuhikan
2024-03-08 Respondent's record, (Book Form), Completed on: 2024-03-08, (Printed version filed on 2024-03-08) Pekuakamiulnuatsh Takuhikan
2024-03-08 Respondent's factum, (Book Form), Completed on: 2024-03-08 Pekuakamiulnuatsh Takuhikan
2024-03-06 Motion to file a reply factum on appeal, (Letter Form), Missing : filing fee (Rec'd 2024-03-07), Completed on: 2024-03-07, (Printed version due on 2024-03-13) Attorney General of Québec
2024-03-06 Order on motion for leave to intervene, by JUSTICE KASIRER
2024-03-06 Decision on the motion for leave to intervene, Kas, UPON APPLICATIONS by the Attorney General of Ontario; Attorney General of Saskatchewan; Attorney General of Alberta; Assemble of First Nations Quebec-Labrador; Congress of Aboriginal Peoples; Indigenous Police Chiefs of Ontario; First Nations Child & Family Caring Society of Canada; Assembly of Manitoba Chiefs; Okanagan Indian Band and Assembly of First Nations for leave to intervene in the above appeal;

AND UPON APPLICATION by the respondent, Pekuakamiulnuatsh Takuhikan, for an order extending the time to serve and file their letter in response to interventions and their response to the intervention of the Congress of Aboriginal Peoples;

AND HAVING REGARD TO the Notice to the Profession of November 2021 concerning interventions;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time filed by the respondent is granted.

The motions for leave to intervene are granted and the ten (10) interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before April 2, 2024, and are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Granted
2024-03-06 Decision on motion to extend time, see order on intervention, Kas
Granted
2024-03-06 Submission of motion for leave to intervene, Kas
2024-03-06 Submission of motion to extend time, Kas
2024-02-26 Intervener's factum, (Book Form), Completed on: 2024-02-26, (Printed version due on 2024-03-04) Attorney General of Canada
2024-02-22 Response to motion to extend time, (Letter Form), Completed on: 2024-02-26, (Printed version filed on 2024-02-22) Congress of Aboriginal Peoples
2024-02-22 Response to motion to extend time, (Letter Form), Completed on: 2024-02-26, (Printed version due on 2024-02-29) Attorney General of Québec
2024-02-22 Reply to the motion for leave to intervene, (Book Form), Completed on: 2024-02-26, (Printed version filed on 2024-02-22) Congress of Aboriginal Peoples
2024-02-22 Motion to extend time, (Book Form), to serve and file responses to intervention , Completed on: 2024-02-22, (Printed version filed on 2024-02-23) Pekuakamiulnuatsh Takuhikan
2024-02-20 Response to the motion for leave to intervene, (Book Form), from the Congress of Aboriginal Peoples

MISSING:
Motion to extend time to serve and file (rec'd 2024-02-22), Completed on: 2024-02-22, (Printed version filed on 2024-02-21)
Pekuakamiulnuatsh Takuhikan
2024-02-19 Response to the motion for leave to intervene, (Letter Form), Missing :
proof of service (rec'd 2022-02-21), Completed on: 2024-02-22, (Printed version filed on 2024-02-26)
Pekuakamiulnuatsh Takuhikan
2024-02-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-02-19, (Printed version due on 2024-02-26) Attorney General of Québec
2024-02-12 Motion for leave to intervene, (Book Form), Completed on: 2024-02-13, (Printed version filed on 2024-02-13) Assembly of First Nations
2024-02-12 Notice of name Okanagan Indian Band
2024-02-12 Motion for leave to intervene, (Book Form), MISSING:
- filing fee (Rec'd 2024-02-15), Completed on: 2024-02-16, (Printed version filed on 2024-02-13)
Okanagan Indian Band
2024-02-12 Notice of name First Nations Child & Family Caring Society of Canada
2024-02-12 Motion for leave to intervene, (Book Form), Missing:
- filing fee (Rec'd 2024-02-15), Completed on: 2024-02-16, (Printed version filed on 2024-02-12)
First Nations Child & Family Caring Society of Canada
2024-02-12 Notice of name Indigenous Police Chiefs of Ontario
2024-02-12 Motion for leave to intervene, (Book Form), Completed on: 2024-02-13, (Printed version filed on 2024-02-13) Indigenous Police Chiefs of Ontario
2024-02-12 Notice of name, (Letter Form), (Printed version filed on 2024-02-12) Assembly of Manitoba Chiefs
2024-02-12 Motion for leave to intervene, (Book Form), Completed on: 2024-02-13, (Printed version filed on 2024-02-12) Assembly of Manitoba Chiefs
2024-02-12 Notice of name, (Letter Form), (Printed version filed on 2024-02-12) Congress of Aboriginal Peoples
2024-02-12 Motion for leave to intervene, (Book Form), Completed on: 2024-02-13, (Printed version filed on 2024-02-12) Congress of Aboriginal Peoples
2024-02-09 Notice of name, (Letter Form), (Printed version due on 2024-02-16) Assembly of First Nations Quebec-Labrador
2024-02-09 Motion for leave to intervene, (Book Form), MISSING:
- filing fee (Rec'd 2024-02-15), Completed on: 2024-02-16, (Printed version filed on 2024-02-12)
Assembly of First Nations Quebec-Labrador
2024-02-09 Motion for leave to intervene, (Book Form), Completed on: 2024-02-13, (Printed version filed on 2024-02-09) Attorney General of Alberta
2024-02-08 Motion for leave to intervene, (Book Form), Completed on: 2024-02-13, (Printed version filed on 2024-02-09) Attorney General of Saskatchewan
2024-02-07 Motion for leave to intervene, (Book Form), Missing:
- filing fee, Incomplete, (Printed version filed on 2024-02-07)
Attorney General of Ontario
2024-01-22 Notice of change of counsel, (Letter Form), (Printed version due on 2024-01-29) Attorney General of Québec
2024-01-17 Notice of hearing sent to parties
2024-01-15 Appellant's book of authorities, (Book Form), Completed on: 2024-01-17, (Printed version filed on 2024-01-18) Attorney General of Québec
2024-01-15 Appellant's factum, (Book Form), Amended factum filed 02/02/2024, Completed on: 2024-01-17, (Printed version filed on 2024-02-06) Attorney General of Québec
2024-01-15 Appellant's record, (Book Form), 17 volumes;, Completed on: 2024-01-17, (Printed version filed on 2024-01-18) Attorney General of Québec
2024-01-15 Certificate of counsel (attesting to record), (Book Form), 24A;, (Printed version filed on 2024-01-18) Attorney General of Québec
2024-01-15 Appeal hearing scheduled, 2024-04-24, Day 2
(FOR WEBCAST PURPOSES ONLY)
2024-01-15 Appeal hearing scheduled, 2024-04-23, Day 1
Judgment reserved
2023-12-22 Correspondence received from, (Letter Form), Regarding the due date for filing Factums Book of authorities. Attorney General of Canada
2023-12-20 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), The schedule for serving and filing the material is set as follows:

a) Les dossier, mémoire et recueil de sources, le cas échéant, de l’appelant seront signifiés et déposés au plus tard le 15 janvier 2024.

b) Toute personne qui souhaite intervenir dans le présent appel en vertu de la règle 55 des Règles de la Cour suprême du Canada signifiera et déposera une requête en autorisation d’intervenir au plus tard le 12 février 2024.

c) L’appelant et l’intimé signifieront et déposeront leur(s) réponse(s) aux demandes d’autorisation d’intervenir, le cas échéant, au plus tard le 19 février 2024.

d) Les répliques à toute réponse aux demandes d’autorisation d’intervenir seront signifiées et déposées au plus tard le 22 février 2024.

e) Tout intervenant qui sera autorisé à intervenir en application de la règle 59 des Règles de la Cour suprême du Canada devra signifier et déposer son mémoire et recueil de sources, le cas échéant, au plus tard le 2 avril 2024.

f) Le dossier, mémoire et recueil de sources, le cas échéant, de l’intimé seront signifiés et déposés au plus tard le 11 mars 2024.

2023-11-06 Notice of appeal, (Letter Form), Completed on: 2023-11-15, (Printed version due on 2023-11-14) Attorney General of Québec
2023-10-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-10-05 Judgment on leave sent to the parties
2023-10-05 Judgment of the Court on the application for leave to appeal, The motion by the Attorney General of Québec to adduce new evidence, in accordance to Rule 92.1 of the Rules of the Supreme Court of Canada, is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-010153-200, 2022 QCCA 1699, dated December 15, 2022 and rectified on July 3, 2023, is granted with costs in the cause.
Granted, with costs in the cause
2023-10-05 Decision on motion to adduce new evidence, See Decision on application
Granted
2023-08-21 All materials on application for leave submitted to the Judges, for consideration by the Court
2023-08-21 Submission of motion to adduce new evidence, for consideration by the Court
2023-07-05 Correspondence received from, Correspondence explaining the corrigendum, (Printed version due on 2023-07-12) Attorney General of Québec
2023-05-31 Correspondence received from, re: 2023 FCA 105 (rendered on May 17, 2023) Attorney General of Québec
2023-05-29 Correspondence received from, Intervener will not file a response to the PGQ's motion to adduce new evidence Attorney General of Canada
2023-05-29 Correspondence received from, Respondent will not file a response to the PGQ's motion to adduce new evidence Pekuakamiulnuatsh Takuhikan
2023-05-18 Motion to adduce new evidence, (Book Form), Motion to add new documents pursuant to r. 92.1

Required:
- filing fee, Completed on: 2023-05-26, (Printed version filed on 2023-05-24)
Attorney General of Québec
2023-04-03 Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-04-06, (Printed version filed on 2023-04-04) Attorney General of Québec
2023-03-24 Correspondence received from, AGC will not file a response to the application for leave to appeal. Attorney General of Canada
2023-03-23 Certificate (on limitations to public access), 23A Pekuakamiulnuatsh Takuhikan
2023-03-23 Notice of name Pekuakamiulnuatsh Takuhikan
2023-03-23 Respondent's response on the application for leave to appeal, (Book Form), (7 volumes), Completed on: 2023-03-27, (Printed version filed on 2023-03-23) Pekuakamiulnuatsh Takuhikan
2023-02-22 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-02-22
2023-02-22 Certificate (on limitations to public access), 23A Attorney General of Québec
2023-02-13 Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2023-02-13 Attorney General of Québec