Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21452
Her Majesty the Queen in Right of British Columbia, et al. v. Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1990-11-13 | Appeal closed | |
| 1990-05-08 | Correspondence (sent by the Court) to, enclosing record of the Court of Appeal sent to Mrs. J.L. Jordan (Vancouver,Bc) | |
| 1990-03-07 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-03-07 | Copy of formal judgment being prepared, Department of Justice (Ottawa,ON) | |
| 1990-03-07 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-03-07 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1990-03-07 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1990-02-22 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-02-22 | Copy of formal judgment being prepared, Department of Justice (Ottawa,ON) | |
| 1990-02-22 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-02-22 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1990-02-22 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1990-01-25 | All material on motion for a re-hearing of the appeal submitted to Justices, (Motion not heard, motion adjudicated on) N.B. Motion is dismissed with costs. | |
| 1989-12-21 | Response to the motion for a re-hearing of the appeal, 10 copies,, with service | Her Majesty the Queen in Right of British Columbia |
| 1989-12-11 | General proceeding, (to note) motion for a re-hearing issued to CJ, W, LaF, L'HD, So, Co and McL. | |
| 1989-12-07 | Motion for a re-hearing of the appeal, 10 copies (joint with 21420) | Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members |
| 1989-11-07 |
Judgment on the appeal rendered, CJ W LaF L'HD So Co McL Dismissed, costs in this Court and courts below |
|
| 1989-11-07 | Hearing of the appeal, 1989-11-07, CJ W LaF L'HD So Co McL | |
| 1989-11-01 | Book of authorities, (joint) (vols. 1 to 3) 10 copies | Her Majesty the Queen in Right of British Columbia |
| 1989-10-24 | Respondent's factum, (AMENDED) 20 copies | Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members |
| 1989-10-10 | Appeal hearing scheduled, 1989-11-07 | |
| 1989-10-06 | Intervener's factum, 21 copies, | Nuu-chah-nulth Tribal Council |
| 1989-09-25 | Respondent's factum, 20 copies (joint with 21420), with service | Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members |
| 1989-09-21 | Response to motion to add or substitute parties | Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members |
| 1989-09-21 | Response to motion to add or substitute parties | Her Majesty the Queen in Right of British Columbia |
| 1989-09-21 | Affidavit | Attorney General of Canada |
| 1989-09-21 | Motion to add or substitute parties, (to add the Attorney General of Canada as an appellant) 10 copies | Attorney General of Canada |
| 1989-09-21 | Order on motion to add or substitute parties, (to add the Attorney General of Canada as an appellant) | |
| 1989-09-21 |
Decision on motion to add or substitute parties, (to add the Attorney General of Canada as an appellant), Reg Granted, no order as to costs |
|
| 1989-09-21 | Hearing of motion to add or substitute parties, 1989-09-21, (to add the Attorney General of Canada as an appellant), Reg | |
| 1989-09-21 | Submission of motion to add or substitute parties, 1989-09-21, (to add the Attorney General of Canada as an appellant), Reg | |
| 1989-09-06 | Appellant's factum, 21 copies, | Attorney General of Canada |
| 1989-08-30 | Order on motion for leave to intervene, With service | |
| 1989-08-29 | Appellant's factum, 20 copies, | Her Majesty the Queen in Right of British Columbia |
| 1989-08-28 | Appeal perfected for hearing, Session beginning on 1989-10-02 | |
| 1989-08-24 |
Decision on the motion for leave to intervene, on behalf of Nuu-chah-nulth Tribal Council is granted. Factum to be filed by October 9/89 and argument limited to 10 minutes., So Granted, no order as to costs |
|
| 1989-08-24 | Hearing of motion for leave to intervene, 1989-08-24, on behalf of Nuu-chah-nulth Tribal Council is granted. Factum to be filed by October 9/89 and argument limited to 10 minutes., So | |
| 1989-08-24 | Submission of motion for leave to intervene, 1989-08-24, on behalf of Nuu-chah-nulth Tribal Council is granted. Factum to be filed by October 9/89 and argument limited to 10 minutes., So | |
| 1989-08-18 | Affidavit, by Hugh Braker,, with service | Nuu-chah-nulth Tribal Council |
| 1989-08-18 | Motion for leave to intervene, With service | Nuu-chah-nulth Tribal Council |
| 1989-08-02 | Service, of case on appeal | |
| 1989-07-31 | Certified casebook, (joint) | Her Majesty the Queen in Right of British Columbia |
| 1989-07-31 | Case on appeal, (joint case on appeal with 21452.) | Her Majesty the Queen in Right of British Columbia |
| 1989-07-26 | Order on motion to expedite the appeal | |
| 1989-07-26 | Order granting leave to appeal | |
| 1989-07-17 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (appeals to be heard November 7 ; joint case on appeal July 31 ; CNR's factum August 21 ; Queen in right of B.C.'s factum August 28 and respondent's factum Sept. 25, 1989). Granted, no order as to costs |
|
| 1989-07-17 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-07-17, (appeals to be heard November 7 ; joint case on appeal July 31 ; CNR's factum August 21 ; Queen in right of B.C.'s factum August 28 and respondent's factum Sept. 25, 1989). | |
| 1989-07-17 | Hearing of motion to expedite the appeal, 1989-07-17, (appeals to be heard November 7 ; joint case on appeal July 31 ; CNR's factum August 21 ; Queen in right of B.C.'s factum August 28 and respondent's factum Sept. 25, 1989). | |
| 1989-07-17 | Submission of motion to expedite the appeal, 1989-07-17, (appeals to be heard November 7 ; joint case on appeal July 31 ; CNR's factum August 21 ; Queen in right of B.C.'s factum August 28 and respondent's factum Sept. 25, 1989). | |
| 1989-07-14 | Response to motion to expedite the appeal | Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members |
| 1989-07-14 | Motion to expedite the appeal, With service | Her Majesty the Queen in Right of British Columbia |
| 1989-07-14 | Notice of appeal, With service | Her Majesty the Queen in Right of British Columbia |
| 1989-06-23 | Close file on Leave | |
| 1989-06-23 | Notice of deposit of judgment issued to all parties, Burke-Robertson, Chadwick & Ritchie (Ott., Ont.) | |
| 1989-06-23 | Notice of deposit of judgment issued to all parties, Mandell, Pinder (Vancouver, B.C.) | |
| 1989-06-22 |
Judgment of the Court on the application for leave to appeal, W LaF Co, The application for leave to appeal is granted, the case to be heard along with Canadian National Railway Company and Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself and all other members of the Oregon Jack Creek Indian Band, and Others, # 21420, costs in the cause. Granted, with costs in the cause |
|
| 1989-06-22 | Hearing of the application for leave to appeal, 1989-06-22, W LaF Co | |
| 1989-06-22 | All materials on application for leave submitted to the Judges, 1989-06-22, W LaF Co | |
| 1989-05-23 | All materials on application for leave submitted to the Judges, W LaF Co | |
| 1989-05-11 | Respondent's response on the application for leave to appeal, 5 copies. | Robert Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members |
| 1989-05-05 | Service, of motion Book | |
| 1989-04-24 | $30.00 filing fee, receipt # 14065 | Her Majesty the Queen in Right of British Columbia |
| 1989-04-24 | Book of authorities, , 5 copies | Her Majesty the Queen in Right of British Columbia |
| 1989-04-24 | Application for leave to appeal, , 5 copies (to be heard with 21420), Completed on: 1989-04-24 | Her Majesty the Queen in Right of British Columbia |
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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of British Columbia | Applicant | Active |
| Attorney General of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members, Robert | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Nuu-chah-nulth Tribal Council | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of British Columbia
Counsel
1001 Douglas Street
9th Floor
Victoria, British Columbia
V8V 1X4
Telephone: (250) 953-3231
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
2525 - 650 GEORGIA ST W
PO BOX 11557
VANCOUVER, British Columbia
V6B 4N8
Telephone: (604) 684-9713
Agent
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Party: Pasco, Chief of the Oregon Jack Creek Indian Band, on behalf of himself & all other members, Robert
Counsel
300 - 111 Water St
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 681-4146
FAX: (604) 681-0959
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Nuu-chah-nulth Tribal Council
Counsel
671D MARKET HILL RD
VANCOUVER, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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.
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Lower court rulings
Supreme Court of British Columbia
Not available
Second application to amend statement of Claim dismissed
Court of Appeal for British Columbia (Vancouver)
Not available
Appeal allowed; application to amend statement of claim allowed
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
Related links
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
Related links
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