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Case information

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19256

Leo Tyler Francis v. Her Majesty the Queen

(New Brunswick) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1988-08-23 General proceeding, copy of judgment sent to Leo Tyler Francis and Her Majesty the Queen
1988-08-18 Formal judgment sent to the registrar of the court of appeal and all parties, sent to Registrar (Fredericton, NB)
1988-08-12 General proceeding, copy of judgment sent to Her Majesty the Queen
1988-07-05 Correspondence (sent by the Court) to, advising of judgment sent to Registrar (Fredericton, NB)
1988-05-26 Judgment on the appeal rendered, For constitutional questions see file, CJ B E McI La W LeD LaF L'HD
Dismissed, no order as to costs
1988-03-08 Notice of withdrawal, With service Attorney General of Saskatchewan
1988-02-23 Hearing of the appeal, 1988-02-23, CJ B E McI La W LeD LaF L'HD
Decision reserved
1988-02-16 Notice of withdrawal, With service Attorney General of Saskatchewan
1988-02-12 Intervener's factum, served copy Attorney General of Alberta
1988-02-11 Intervener's factum, 21 copies, with service Attorney General of British Columbia
1988-02-10 Intervener's factum, 19 copies Attorney General of Alberta
1988-02-04 Intervener's factum, 21 copies, with service Attorney General of Quebec
1988-01-28 Intervener's factum, 23 copies, with service Attorney General of Nova Scotia
1987-05-01 Service
1987-04-23 Respondent's factum, 21 copies, with service Her Majesty the Queen
1987-01-07 Appeal hearing scheduled, 1988-02-23
Decision reserved
1987-01-07 Appeal perfected for hearing, Session beginning on 1987-01-26
1986-12-11 Certified casebook Leo Tyler Francis
1986-12-11 Appellant's factum, served copy Leo Tyler Francis
1986-11-17 Appellant's factum, 21 copies Leo Tyler Francis
1986-09-24 Notice of withdrawal Attorney General of Canada
1986-07-22 Order on motion for leave to intervene
1986-07-18 Decision on the motion for leave to intervene, B
Granted, no order as to costs
1986-07-18 Hearing of motion for leave to intervene, 1986-07-18, B
1986-07-18 Submission of motion for leave to intervene, 1986-07-18, B
1986-07-18 Response to the motion for leave to intervene Her Majesty the Queen
1986-07-18 Response to the motion for leave to intervene Leo Tyler Francis
1986-07-18 Affidavit Attorney General of Nova Scotia
1986-07-18 Motion for leave to intervene Attorney General of Nova Scotia
1986-07-04 Case on appeal, 21 copies Leo Tyler Francis
1986-02-26 Decision on the motion for leave to intervene, CJ
Dismissed, no order as to costs
1986-02-26 Hearing of motion for leave to intervene, 1986-02-26, CJ
1986-02-26 Submission of motion for leave to intervene, 1986-02-26, CJ
1986-02-25 Hearing of motion for leave to intervene, 1986-02-25
Decision reserved
1986-02-25 Submission of motion for leave to intervene, 1986-02-25
Decision reserved
1986-02-14 Affidavit Union of Nova Scotia Indians
1986-02-14 Motion for leave to intervene Union of Nova Scotia Indians
1985-11-05 Order granting leave to appeal
1985-07-17 Notice of intervention respecting a constitutional question Attorney General of Quebec
1985-07-16 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1985-07-15 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1985-07-11 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1985-07-08 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1985-07-03 Notice of constitutional question(s), With service Leo Tyler Francis
1985-06-26 Order on motion to state a constitutional question
1985-06-18 Decision on the motion to state a constitutional question, see Registrar's Red book #6 at p. 30 Interventions by 85/07/17, CJ
Granted, no order as to costs
1985-06-18 Hearing of the motion to state a constitutional question, 1985-06-18, see Registrar's Red book #6 at p. 30 Interventions by 85/07/17, CJ
1985-06-18 Submission of motion to state a constitutional question, 1985-06-18, see Registrar's Red book #6 at p. 30 Interventions by 85/07/17, CJ
1985-06-13 Motion to state a constitutional question, With service Leo Tyler Francis
1985-04-17 Notice of appeal, With service Leo Tyler Francis
1985-04-04 Judgment of the Court on the application for leave to appeal, C La LaF
Granted, no order as to costs
1985-03-25 Hearing of the application for leave to appeal, 1985-03-25, C La LaF
Decision reserved
1985-03-25 All materials on application for leave submitted to the Judges, 1985-03-25, C La LaF
Decision reserved
1985-03-05 Application for leave to appeal, 5 copies, with service, Completed on: 1985-03-05 Leo Tyler Francis

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Francis, Leo Tyler Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of Quebec Intervener Active
Union of Nova Scotia Indians Intervener Pending
Attorney General of Nova Scotia Intervener Active

Counsel

Party: Francis, Leo Tyler

Counsel
Names
Graydon Nicholas
Graydon Nicholas
Bruce H. Wildsmith
Contact information
35 DEDHAM ST
FREDERICTON, New Brunswick
E3A 2V2
Agent
Name
John Harold Wyatt
Contact information
301 - 15 Fitzgerald Rd
Nepean, Ontario
K2H 8R6
Telephone: (613) 820-1886

Party: Her Majesty the Queen

Counsel
Name
Jeffrey L. Mockler
Contact information
Attorney General of New Brunswick
PO BOX 5001
PO BOX 5001
WOODSTOCK, New Brunswick
E0J 2B0
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of British Columbia

Counsel
Name
Gillian P. Wallace
Contact information
Attorney General of British Columbia
609 BROUGHTON ST
5TH FL
VICTORIA, British Columbia
V8W 1C8
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Alberta

Counsel
Name
Nolan D. Steed
Contact information
Attorney General of Alberta
300 - 10199, 101 ST NW
EDMONTON, Alberta
T5J 3Y4
Telephone: (403) 495-2983
FAX: (780) 425-0307
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Quebec

Counsel
Name
René Morin
Contact information
Procureur général du Québec
1200 Rte de l'Église
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 644-7115
Agent
Name
Robert Décary, c.r.
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Union of Nova Scotia Indians

Counsel
Name
Bruce H. Wildsmith, Q.C.
Contact information
Burchell, Macadam & Hayman
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
Name
John Harold Wyatt
Contact information
301 - 15 Fitzgerald Rd
Nepean, Ontario
K2H 8R6
Telephone: (613) 820-1886

Party: Attorney General of Nova Scotia

Counsel
Name
Robert E. Lutes, Q.C.
Contact information
Attorney General of Nova Scotia
5151 TERMINAL RD 3RD FL
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-8995
FAX: (902) 424-0653
Agent
Name
Stephen J. Grace
Contact information
Neville, Hall & Selkirk
222 Somerset St W
3rd Fl
Ottawa, Ontario
K2P 2G3
Telephone: (613) 237-7092
FAX: (613) 237-1156

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

March 26, 1984
Court of Queen’s Bench of New Brunswick

not availble

appeal dismissed

January 7, 1985
Court of Appeal of New Brunswick

117/84

appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13