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.
23516
Joseph Apsassin, Chief of the Blueberry River Indian Band, et al. v. Her Majesty the Queen in Right of Canada
(Federal) (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) |
|---|---|---|
| 1996-09-24 | Appeal closed | |
| 1996-06-06 | Copy of formal judgment being prepared, A.G. of Canada (REVISED) | |
| 1996-06-06 | Copy of formal judgment being prepared, Federal C.A. (REVISED) | |
| 1996-06-06 | Copy of formal judgment being prepared, Scott & Aylen (REVISED) | |
| 1996-06-06 | Copy of formal judgment being prepared, Gowling (REVISED) | |
| 1996-03-15 | Correspondence (sent by the Court) to, from T. Berger and J. Haig to A. Roland, letter dated March 13/96 re: discrepancy between the formal pronoucement and the reasons for judgment sent to LaF L'HD So G Co McL Ma, March 21/96 | |
| 1996-02-29 | Correspondence (sent by the Court) to, from Gowlings; re: not to destroy any material | |
| 1996-01-19 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. Ontario (Ottawa) | |
| 1996-01-19 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa, ON) | |
| 1996-01-19 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-01-19 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1996-01-03 | Correspondence (sent by the Court) to, sent to F.C.A. enclosing their record | |
| 1995-12-14 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ma, The appeal is allowed with costs throughout and the cross-appeal is allowed without costs. The judgments below are set aside. The appellants are entitled to damages against the Crown for breach of fiduciary duty with respect to such mineral rights in Indian Reserve 172 as were conveyed by the Director of the Veterans' Land Act after August 9, 1949 by agreement for sale and, in the case of conveyances to Pacific Petroleum and Clement Brooks, by deed. The action is remitted to the Federal Court, Trial Division, for assessment of damages accordingly. (REVISED MAY 23/96) Allowed, with costs |
|
| 1995-12-14 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1995-12-14 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-12-14 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1995-07-11 | General proceeding, transcript received and distributed to the justices (273 pages) | |
| 1995-06-14 | General proceeding, 8 copies of RESPONDENT'S BOOK OF MATERIAL TO BE REFERRED TO IN SUBMISSIONS (RED BOOK) - GIVEN IN COURT BY THE RESPONDENT | Her Majesty the Queen in Right of Canada |
| 1995-06-14 | General proceeding, 10 copies of Act respecting Indians (GIVEN IN COURT BY THE RESPONDENT) | Her Majesty the Queen in Right of Canada |
| 1995-06-13 |
Hearing of the appeal, 1995-06-13, LaF L'HD So G Co McL Ma Decision reserved |
|
| 1995-06-12 | General proceeding, 10 copies of insertion at pages 178 and 157 in the respondent's suppl. case on appeal (3 different envelopes for exhibits 919-909-506) | Her Majesty the Queen in Right of Canada |
| 1995-06-12 | Correspondence (sent by the Court) to, from M. Taylor re: enclosing copies of oversized exhibits in the suppl. case on appeal | |
| 1995-06-12 | Reply factum on appeal, 24 copies of APPELLANTS' NOTES FOR REPLY (the appellants seek permission from the Court to file this document - Mr. Justice Laforest, on the bench reserved his decision to file this document due to the respondent's opposition) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-06-09 | Correspondence (sent by the Court) to, from I. Whitehall re: names of counsel appearing at the hearing of the appeal (fax copy) | |
| 1995-06-08 | Correspondence (sent by the Court) to, from I. Whitehall to Registry re: Mr. Justice Iacobucci had an active involvement in this case as a Deputy Minister of Justice (fax copy) | |
| 1995-06-08 | General proceeding, 10 copies of tab 48 to be added to the authorities | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-06-08 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1995-06-05 | Book of authorities, 10 copies, with service | Her Majesty the Queen in Right of Canada |
| 1995-05-30 | Correspondence (sent by the Court) to, from Marvin R.V. Storrow, Q.C. consent to the proceedings being televised. | |
| 1995-05-30 | Other memorandum of argument on application for leave, 23 copies (APPELLANT'S FACTUM IN RESPONSE TO CROSS-APPEAL), with service | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-05-19 | Supplemental document, CASE ON APPEAL 23 copies, with service | Her Majesty the Queen in Right of Canada |
| 1995-05-19 | Respondent's factum, 24 copies (JOINT WITH FACTUM ON CROSS-APPEAL), with service | Her Majesty the Queen in Right of Canada |
| 1995-05-16 | Correspondence (sent by the Court) to, from Scott & Aylen; re: agree with the procedure suggested by CU | |
| 1995-05-10 | Correspondence (sent by the Court) to, (by fax) from Blake, Cassels; re: agree with the procedure proposed by CJ (original filed May 19/95 ) | |
| 1995-05-08 | Book of authorities, 10 copies of INTERVENORS, THE MUSQUEAM NATION ET AL | George Guerin et al |
| 1995-05-03 | Correspondence (sent by the Court) to, (by fax) from James O'Reilly; re: agree with the procedure proposed by CJ (original received on May 5, 1995) | |
| 1995-05-01 | Correspondence (sent by the Court) to, (by fax) from I.G. Whitehall; re: have no objection to the arrangements set out by CJ | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to John R. Haig, Q.C. (Vancouver, BC) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of video-t | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to O'Reilly & Associés (Montréal, QC) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of video-t | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to Scott & Aylen (Ottawa, ON) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of video-tape of | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to Mandell, Pinder (Vancouver, BC) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of video-tap | |
| 1995-04-25 | Order on motion to file a lengthy factum | |
| 1995-04-25 | Order on motion to expedite the appeal | |
| 1995-04-25 | Order on motion for additional time to present oral argument | |
| 1995-04-21 | Book of authorities, 11 copies, with service | Assembly of First Nations |
| 1995-04-19 | Proof of service, of the Book of Authorities of Chief Abel Bosum et al | |
| 1995-04-18 | Book of authorities, 10 copies, with service | Abel Bosum et al |
| 1995-04-18 | General proceeding, 10 copies of APPENDIX - LEGAL INSTRUMENTS, with service | Terry Buffalo et al |
| 1995-04-18 | Book of authorities, 10 copies, with service | Terry Buffalo et al |
| 1995-04-18 | Intervener's factum, 24 copies, with service | Terry Buffalo et al |
| 1995-04-18 | Intervener's factum, 24 copies, with service | Abel Bosum et al |
| 1995-04-18 | Intervener's factum, 24 copies (The Musqueam Nation and Ermineskin Tribal Council), with service | George Guerin et al |
| 1995-04-13 | Intervener's factum, 25 copies, with service | Assembly of First Nations |
| 1995-04-12 |
Appeal hearing scheduled, 1995-06-13 Decision reserved |
|
| 1995-04-05 | Notice of hearing, (1 copy), with service | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-04-04 | Appeal court record, 6 boxes (vol. I to IV) | |
| 1995-04-04 | Trial court record, 6 boxes (joint with C/A record) | |
| 1995-04-04 | Certified casebook, vol. I to IV | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-23 | Book of authorities, 10 copies of vol. 1 to 3 | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-23 | Appellant's factum, 24 copies (see order dated March 17, 1995) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-17 |
Decision on motion to expedite the appeal, (the appeal is inscribed for the April session), CJ Granted, no order as to costs |
|
| 1995-03-17 | Hearing of motion to expedite the appeal, 1995-03-17, (the appeal is inscribed for the April session), CJ | |
| 1995-03-17 | Submission of motion to expedite the appeal, 1995-03-17, (the appeal is inscribed for the April session), CJ | |
| 1995-03-17 |
Decision on motion to file a lengthy factum, (appellants & respondent may file a 70 page factum on the appeal and 20 pages on the cross-appeal), CJ Granted, no order as to costs |
|
| 1995-03-17 | Hearing of motion to file a lengthy factum, 1995-03-17, (appellants & respondent may file a 70 page factum on the appeal and 20 pages on the cross-appeal), CJ | |
| 1995-03-17 | Submission of motion to file a lengthy factum, 1995-03-17, (appellants & respondent may file a 70 page factum on the appeal and 20 pages on the cross-appeal), CJ | |
| 1995-03-17 |
Decision on motion for additional time to present oral argument, (2 days are set aside for hearing of the appeal), CJ Granted, no order as to costs |
|
| 1995-03-17 | Hearing of motion for additional time to present oral argument, 1995-03-17, (2 days are set aside for hearing of the appeal), CJ | |
| 1995-03-17 | Submission of motion for additional time to present oral argument, 1995-03-17, (2 days are set aside for hearing of the appeal), CJ | |
| 1995-03-14 | Case on appeal, (Supplementary re:notice to the profession) 23 copies of Vol. I to IV (motion to extend requested ) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-10 | Proof of service, of the motions to inscribe, for additional time and to file a lengthy factum; and the affidavits in support of Thomas R. Berger, Q.C. and John R. Haigh, Q.C. | |
| 1995-03-09 | Correspondence (sent by the Court) to, of Brian A. Crane (Gowling, Strathy & Henderson) to advise the Court that Mr. Berger is prepared to reduce his request to two days for the hearing of this appeal | |
| 1995-03-07 | Affidavit, (70 pages) John R. Haig, Q.C. and Thomas R. Berger, Q.C. | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-07 | Motion to file a lengthy factum, (70 pages) for both the Appellant and Respondent | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-07 | Affidavit, John R. Haig, Q.C. and Thomas R. Berger | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-07 | Motion for additional time to present oral argument | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-07 | Affidavit, (early inscription); John R. Haig, Q.C. and Thomas R. Berger, Q.C. | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-03-07 | Motion to expedite the appeal, (early inscription) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1995-02-28 | Appeal perfected for hearing, Session beginning on 1995-04-24 | |
| 1995-02-16 | Correspondence (sent by the Court) to, sent to Scott & Aylen, (Ottawa, ON) re: request that status of intervener, Assembly of First Nations avail for cross-appeal without further application. CJ indicates that unless there are objections, their status of intervener will apply to the cross-appe | |
| 1995-01-03 | Correspondence (sent by the Court) to, of Mr. James O'Reilly to Danielle Beaulieu dated Dec. 28/94 to acknowledge receipt of her letter of Dec. 20/94 concerning the status of interveners in the cross-appeal | |
| 1994-12-21 | Notice of cross appeal, With service | Her Majesty the Queen in Right of Canada |
| 1994-12-20 | Correspondence (sent by the Court) to, sent to O'Reilly & Associés (Montréal, QC) c.c. Thomas R. Berger, Q.C. and John R. Haig, Q.C. re: O'Reilly's request that the status of the interveners, Chief Abel Bosum et al and Chief Terry Buffalo et al avail for cross-appeal without further applicatio | |
| 1994-12-20 | Correspondence received from, sent to James O'Reilly (Mtl., QC) re: status of interveners I02 and I04 in cross-appeal CJ has indicated that, unless there are objections your status of interveners will apply to the cross- appeal and you will not be entitled to file a lengthier factum n | |
| 1994-12-09 | Notice of deposit of judgment issued to all parties, Scott & Aylen (Ottawa, ON) | |
| 1994-12-09 | Notice of deposit of judgment issued to all parties, Department of Justice (Vancouver, BC) | |
| 1994-12-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-12-08 |
Decision on miscellaneous motion, The application for extension of time and the application for leave to cross-appeal are granted., CJ McL Ma Granted, no order as to costs |
|
| 1994-12-08 | Hearing of miscellaneous motion, 1994-12-08, The application for extension of time and the application for leave to cross-appeal are granted., CJ McL Ma | |
| 1994-12-08 | Submission of miscellaneous motion, 1994-12-08, The application for extension of time and the application for leave to cross-appeal are granted., CJ McL Ma | |
| 1994-12-08 |
Decision on motion to extend time to file and /or serve the leave application, CJ McL Ma Granted, no order as to costs |
|
| 1994-12-08 | Hearing of motion to extend time to file and/ or serve the leave application, 1994-12-08, CJ McL Ma | |
| 1994-12-08 | Submission of motion to extend time to file and/ or serve the leave application, 1994-12-08, CJ McL Ma | |
| 1994-09-09 | Correspondence (sent by the Court) to, from Scott & Aylen; re: should leave to cross- appeal be granted that the Court direct that the intervener status in the appeal avail for the cross-appeal sent to CJ McL Ma, Sept 29/94 | |
| 1994-09-09 | Correspondence (sent by the Court) to, (by fax) from James O'Reilly; re: should leave to cross-appeal be granted, that the interveners status in the appeal avail for the cross-appeal without the necessity of further application sent to CJ McL Ma, Sept 29/94 | |
| 1994-08-25 | Correspondence (sent by the Court) to, from Gary Nelson re: the appellants take no position on the application for leave to cross- appeal (fax copy) sent to CJ McL Ma, Sept 29/94 | |
| 1994-08-05 | Notice of cross appeal, 5 copies sent to CJ McL Ma, Sept 29/94, with service | Her Majesty the Queen in Right of Canada |
| 1994-08-05 | Affidavit, of Mitchell Ross Taylor 5 copies (bookform), with service | Her Majesty the Queen in Right of Canada |
| 1994-08-05 | Motion to extend time, for leave to Cross-Appeal 5 copies (bookform), with service | Her Majesty the Queen in Right of Canada |
| 1994-03-09 |
Decision on the motion for leave to intervene, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co Granted, no order as to costs |
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| 1994-03-09 | Hearing of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co | |
| 1994-03-09 | Submission of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co | |
| 1994-03-09 |
Decision on the motion for leave to intervene, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes (for reasons see file), Co Granted, no order as to costs |
|
| 1994-03-09 | Hearing of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes (for reasons see file), Co | |
| 1994-03-09 | Submission of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes (for reasons see file), Co | |
| 1994-03-09 |
Decision on the motion for leave to intervene, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co Granted, no order as to costs |
|
| 1994-03-09 | Hearing of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co | |
| 1994-03-09 | Submission of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co | |
| 1994-03-09 |
Decision on the motion for leave to intervene, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co Granted, no order as to costs |
|
| 1994-03-09 | Hearing of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co | |
| 1994-03-09 | Submission of motion for leave to intervene, 1994-03-09, the following is ordered: The factums of the intervenants will not exceed 15 pages in length. Oral submissions will be limited to 10 minutes. (for reasons see file), Co | |
| 1994-03-09 | General proceeding, 1 copy of BOOK OF AUTHORITIES of applicants- intervenors (given at the hearing of the motion) | Abel Bosum et al |
| 1994-03-09 | General proceeding, 1 copy of REPLY of applicants-intervenors... to respondent's memorandum (given at the hearing of the motion) | Abel Bosum et al |
| 1994-03-09 | General proceeding, 1 copy of BOOK OF AUTHORITIES of the applicants- intervenors (given at the hearing of the motion) | Terry Buffalo et al |
| 1994-03-09 | General proceeding, 1 copy of REPLY of applicants-interveners...to respondent's memorandun (given at the hearing of the motion) | Terry Buffalo et al |
| 1994-03-09 |
Hearing of motion for leave to intervene, 1994-03-09 Decision reserved |
|
| 1994-03-09 |
Submission of motion for leave to intervene, 1994-03-09 Decision reserved |
|
| 1994-03-09 |
Hearing of motion for leave to intervene, 1994-03-09 Decision reserved |
|
| 1994-03-09 |
Submission of motion for leave to intervene, 1994-03-09 Decision reserved |
|
| 1994-03-09 |
Hearing of motion for leave to intervene, 1994-03-09 Decision reserved |
|
| 1994-03-09 |
Submission of motion for leave to intervene, 1994-03-09 Decision reserved |
|
| 1994-03-09 |
Hearing of motion for leave to intervene, 1994-03-09 Decision reserved |
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| 1994-03-09 |
Submission of motion for leave to intervene, 1994-03-09 Decision reserved |
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| 1994-03-08 | General proceeding, 1 COPY OF BOOK OF AUTHORITIES OF THE PROPOSED INTERVENER - ASSEMBLY OF FIRST NATIONS, with service | Assembly of First Nations |
| 1994-03-08 | General proceeding, (1 COPY OF FACTUM OF THE PROPOSED INTERVENER - ASSEMBLY OF FIRST NATIONS), with service | Assembly of First Nations |
| 1994-03-07 | Correspondence (sent by the Court) to, from Gary A. Nelson to John R. Haig re: will file a complete set of appeal books and transcripts and supplementary case according to the order made by the Registrar | |
| 1994-03-04 | Book of authorities, 2 copies (on memorandum on applications for intervenor status), with service | Her Majesty the Queen in Right of Canada |
| 1994-03-04 | General proceeding, 2 copies of memorandum on the applications for intervenor status, with service | Her Majesty the Queen in Right of Canada |
| 1994-02-17 | Correspondence (sent by the Court) to, from Meg Kinnear (Justice); re: will oppose the intervention of AFN; will file written material in response within the next two weeks; hearing date after the end of Feb/94 | |
| 1994-01-18 | Correspondence (sent by the Court) to, from Meg Kinnear re: wants to file written materials in reply to the interventions and requests this matter be scheduled sometime in Feb. 1994 | |
| 1994-01-13 | Order on motion to dispense with printing | |
| 1994-01-13 |
Decision on motion to dispense with printing, Reg, and the following ordered: 1) The Appellants file one complete set of the Appeal Books and Transcripts as filed in the Federal Court of Appeal for use by the Supreme Court of Canada; 2) The Appellants file, together with their factum 24 copies of a Supplementary Case on Appeal containing all pleadings, evidence and exhibits that they intend to rely upon, said Supplementary Case on Appeal to include the Formal Orders and complete sets of the Reasons in each Court below; 3) The Respondent file, together with its factum a Supplementary Case on Appeal containing any additional evidence and exhibits it intends to rely on; AND BY CONSENT: IT IS ORDERED that the Appellants file one complete set of the Appeal Books and Transcripts as filed in the Federal Court of Appeal for use by the Supreme Court of Canada; IT IS FURTHER ORDERED that the appellants file, together with their factum 24 copies of a Supplementary Case on Appeal containing all pleadings, evidence and exhibits that they intend to rely upon, said Supplemtary Case on Appeal to include the Formal Order and complete sets of the Reasons in each Court below; IT IS FURTHER ORDERED that the Respondent file, together with its factum, a Supplementary Case on Appeal containing any additional evidence and exhibits it intends to rely on. Granted, no order as to costs |
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| 1994-01-13 | Hearing of motion to dispense with printing, 1994-01-13, Reg | |
| 1994-01-13 | Submission of motion to dispense with printing, 1994-01-13, Reg | |
| 1994-01-11 | Affidavit, (James O'Reilly) - separate book, with service | Terry Buffalo et al |
| 1994-01-07 | Affidavit, of James O'Reilly (separate book - 1 copy), with service | Abel Bosum et al |
| 1994-01-04 | Affidavit, of Paul Wertman (joint with the motion -1 copy), with service | Abel Bosum et al |
| 1994-01-04 | Motion for leave to intervene, (1 copy), with service | Abel Bosum et al |
| 1994-01-04 | Affidavit, of Ovide Mercredi (2 copies), with service | Assembly of First Nations |
| 1994-01-04 | Motion for leave to intervene, (2 copies), with service | Assembly of First Nations |
| 1994-01-04 | Correspondence (sent by the Court) to, of John R. Haig, Q.C. to consent to the motion to dispense with printing | |
| 1994-01-04 | Affidavit, of Thomas R. Berger, Q.C. | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1994-01-04 | Motion to dispense with printing, to file 1) ONE set of Appeal Books and transcripts as filed in the Federal Court of Appeal 2) with the appellant's factum 24 copies of a Supplementary Case on Appeal containing all pleadings, evidence and exhibits 3) with the respondent's factum, a Suppl | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-12-30 | Affidavit, of Chief Terry Buffalo - included into the motion book - 2 copies (1 fax copy), with service | Terry Buffalo et al |
| 1993-12-30 | Motion for leave to intervene, 2 copies (1 copy fax), with service | Terry Buffalo et al |
| 1993-12-23 | Affidavit, of Maria A. Morellato (2 copies), with service | George Guerin et al |
| 1993-12-23 | Motion for leave to intervene, (2 copies), with service | George Guerin et al |
| 1993-11-19 | Correspondence (sent by the Court) to, from Gowling re: notice of change of address of the counsel of the appellants | |
| 1993-11-12 | Order granting leave to appeal | |
| 1993-11-09 | Correspondence (sent by the Court) to, sent to Mandell, Pinder (Vancouver, BC) enclosing copy of Rule 32 | |
| 1993-11-09 | Correspondence (sent by the Court) to, sent to Department of Justice (Vancouver, BC) enclosing copy of Rule 32 | |
| 1993-11-08 | Order granting leave to appeal | |
| 1993-11-05 | Notice of appeal, With service | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-10-14 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-10-14 | Hearing of the application for leave to appeal, 1993-10-14, CJ McL Ma | |
| 1993-10-14 | All materials on application for leave submitted to the Judges, 1993-10-14, CJ McL Ma | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Department of Justice (Vancouver, BC) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-08-04 | All materials on application for leave submitted to the Judges, CJ McL Ma | |
| 1993-07-28 | Applicant's reply to respondent's argument, 5 copies, with service | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-07-07 |
Decision on motion to extend time, to serve & file the respondent's response to June 28/93, DeRg Granted, no order as to costs |
|
| 1993-07-07 | Hearing of motion to extend time, 1993-07-07, to serve & file the respondent's response to June 28/93, DeRg | |
| 1993-07-07 | Submission of motion to extend time, 1993-07-07, to serve & file the respondent's response to June 28/93, DeRg | |
| 1993-07-07 |
Decision on motion to file a lengthy memorandum of argument, in excess of 20 pages, DeRg Granted, no order as to costs |
|
| 1993-07-07 | Hearing of motion to file a lengthy memorandum of argument, 1993-07-07, in excess of 20 pages, DeRg | |
| 1993-07-07 | Submission of motion to file a lengthy memorandum of argument, 1993-07-07, in excess of 20 pages, DeRg | |
| 1993-07-06 | Service, copy of the respondent's response (service admitted on June 28, 1993) | |
| 1993-07-06 | Response to the motion to file a lengthy memorandum of argument, (24 pages) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-06-28 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen in Right of Canada |
| 1993-06-28 | Response to motion to extend time, to file the respondent's response to June 28, 1993 | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-06-28 | Affidavit, (24 pages) (of John Robert Haig) | Her Majesty the Queen in Right of Canada |
| 1993-06-28 | Affidavit, to file the respondent's response to June 28, 1993 (of John Robert Haig) | Her Majesty the Queen in Right of Canada |
| 1993-06-28 | Motion to file a lengthy memorandum of argument, (24 pages) | Her Majesty the Queen in Right of Canada |
| 1993-06-28 | Motion to extend time, to file the respondent's response to June 28, 1993 | Her Majesty the Queen in Right of Canada |
| 1993-06-09 | Order on motion to file a lengthy memorandum of argument, With service | |
| 1993-06-03 |
Decision on motion to file a lengthy memorandum of argument, to exceed the 20 page limit., Reg Granted, no order as to costs |
|
| 1993-06-03 | Hearing of motion to file a lengthy memorandum of argument, 1993-06-03, to exceed the 20 page limit., Reg | |
| 1993-06-03 | Submission of motion to file a lengthy memorandum of argument, 1993-06-03, to exceed the 20 page limit., Reg | |
| 1993-06-03 | Application for leave to appeal, as motion for lengthy argument granted, Completed on: 1993-06-03 | |
| 1993-05-27 | Correspondence received from, of John R. Haig, Q.C. to advise the Court that he does not consent nor oppose the motion to file an argument over 20 pages | Her Majesty the Queen in Right of Canada |
| 1993-05-27 | Affidavit, 20 pages (34 pages) (of Thomas R. Berger) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-05-27 | Motion to file a lengthy memorandum of argument, exceeding 20 pages (to wit 34 pages) | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-05-11 | Court of Appeal casebooks and transcripts of evidence, 3 copies of 5 vols. (yellow) | |
| 1993-05-10 | Application for leave to appeal, 5 copies (motion for argument over 20 pages requested), with service, Incomplete | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-04-20 | Order on motion to extend the time to file and/or serve the leave application, With service | |
| 1993-04-15 |
Decision on motion to extend time to file and /or serve the leave application, to May 11, 1993., So Granted, no order as to costs |
|
| 1993-04-15 | Hearing of motion to extend time to file and/ or serve the leave application, 1993-04-15, to May 11, 1993., So | |
| 1993-04-15 | Submission of motion to extend time to file and/ or serve the leave application, 1993-04-15, to May 11, 1993., So | |
| 1993-04-07 | $30.00 filing fee, receipt #26899 | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-04-07 | Correspondence received from, from John R. Haig, Q.C.; re: do not oppose to the extension application | Her Majesty the Queen in Right of Canada |
| 1993-04-07 | Affidavit, to May 11/93; Thomas R. Berger, Q.C. | Joseph Apsassin, Chief of the Blueberry River Indian Band |
| 1993-04-07 | Motion to extend the time to file and or serve the application for leave to appeal, to May 11/93 | Joseph Apsassin, Chief of the Blueberry River Indian Band |
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 |
|---|---|---|
| Apsassin, Chief of the Blueberry River Indian Band, Joseph | Applicant | Active |
| Attachie, Chief of the Doig River Indian Band, Jerry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Guerin et al, George | Intervener | Active |
| Buffalo et al, Terry | Intervener | Active |
| Assembly of First Nations | Intervener | Active |
| Bosum et al, Abel | Intervener | Active |
Counsel
Party: Apsassin, Chief of the Blueberry River Indian Band, Joseph
Counsel
Names
Leslie J. Pinder
Thomas R. Berger, Q.C.
Thomas R. Berger, Q.C.
Contact information
Mandell Pinder
300 - 111 Water St
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 681-4146
FAX: (604) 681-0959
300 - 111 Water St
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 681-4146
FAX: (604) 681-0959
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
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attachie, Chief of the Doig River Indian Band, Jerry
Counsel
Name
Thomas R. Berger, Q.C.
Contact information
Berger & Nelson
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
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
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen in Right of Canada
Counsel
Name
John R. Haid, Q.C.
Contact information
Attorney General of Canada
900 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2S9
Telephone: (604) 666-8261
900 - 840 HOWE ST
VANCOUVER, British Columbia
V6Z 2S9
Telephone: (604) 666-8261
Agent
Name
Ivan G. Whitehall, Q.C.
Contact information
Attorney General of Canada
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Party: Guerin et al, George
Counsel
Name
Marvin R.V. Storrow, Q.C.
Contact information
Blake, Cassels & Graydon
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Buffalo et al, Terry
Counsel
Name
James A. O'Reilly
Contact information
O'Reilly & associés
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Assembly of First Nations
Counsel
Name
Peter K. Doody
Contact information
Scott & Aylen
1000 - 60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
1000 - 60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Bosum et al, Abel
Counsel
Name
James A. O'Reilly
Contact information
O'Reilly & associés
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
November 4, 1987
Federal Court of Canada, Trial Division
T-4178-78
Federal Court of Canada, Trial Division
T-4178-78
action dismissed
February 9, 1993
Federal Court of Appeal
A-1240-87
Federal Court of Appeal
A-1240-87
appeal is 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
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
Related links
Date modified: 2025-05-13