Case information
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23800
N.T.C. Smokehouse Ltd. v. Her Majesty the Queen
(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) |
|---|---|---|
| 1996-10-07 | Record returned to the Registrar of the Court of Appeal, (3 boxes - joint with 23801 & 238020 | |
| 1996-09-23 | Appeal closed | |
| 1996-08-29 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey | |
| 1996-08-29 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-08-29 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-08-29 | Copy of formal judgment being prepared, Scott & Aylen | |
| 1996-08-29 | Copy of formal judgment being prepared, Fraser & Beatty | |
| 1996-08-29 | Copy of formal judgment being prepared, A.G. of Canada | |
| 1996-08-29 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt | |
| 1996-08-29 | Copy of formal judgment being prepared, Osker, Hoskin & Harcourt | |
| 1996-08-28 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1996-08-21 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed and the judgment of the Court of Appeal is affirmed, L'Heureux-Dubé and McLachlin JJ. dissenting. There will be no order as to costs. (see file for answers to constitutional questions). Dismissed, no order as to costs |
|
| 1996-08-21 | Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey | |
| 1996-08-21 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-08-21 | Notice of deposit of judgment sent to all parties, Scott & Aylen | |
| 1996-08-21 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1996-08-21 | Notice of deposit of judgment sent to all parties, Fraser & Beatty | |
| 1996-08-21 | Notice of deposit of judgment sent to all parties, A.G. of Canada | |
| 1996-08-21 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt | |
| 1996-06-19 |
Decision on miscellaneous motion, for an order permitting the filing of the supplemental affidavit of Thomas Malloch, McL Dismissed, no order as to costs |
|
| 1996-06-19 | Hearing of miscellaneous motion, 1996-06-19, for an order permitting the filing of the supplemental affidavit of Thomas Malloch, McL | |
| 1996-06-19 | Submission of miscellaneous motion, 1996-06-19, for an order permitting the filing of the supplemental affidavit of Thomas Malloch, McL | |
| 1996-06-10 | Correspondence (sent by the Court) to, from Gowlings; re: hereby abandons its request for costs, sent to CJ LaF L'HD So G Co McL I Ma, June 10/96 | |
| 1996-05-23 | $50.00 filing fee for notice of motion, (deducted from Justice account) (joint with 23801-23803) | Her Majesty the Queen |
| 1996-05-23 | Affidavit, for an order permitting the filing of the supplemental affidavit of Thomas Malloch; S. David Frankel, Q.C. (joint with 23801-23803), with service | Her Majesty the Queen |
| 1996-05-23 | Notice of miscellaneous motion, for an order permitting the filing of the supplemental affidavit of Thomas Malloch (joint with 23801-23803), with service, Completed on: 1996-05-23 | Her Majesty the Queen |
| 1996-03-29 | Correspondence (sent by the Court) to, of David M. Rosenberg (Rosenberg & Rosenberg) dated March 22/96 opposing to any delay in judgment being rendered pending the conclusion in Delgamuukw | |
| 1996-03-26 | Correspondence (sent by the Court) to, dated March 22/96 from S. David Frankel, Q.C. re: judgment in this case should not be delayed | |
| 1996-02-19 | Correspondence (sent by the Court) to, from David M. Rosenberg; re: opposes the delay of rendering the judgment, sent to CJ LaF L'HD So G Co McL I Ma, Mar 20/96 | |
| 1996-02-19 | Correspondence (sent by the Court) to, (by fax) from S. David Frankel, Q.C.; re: responding to Peter R. Grant's letter sent to CJ LaF L'HD So G Co McL I Ma, Mar 20/96 | |
| 1996-02-07 | Correspondence (sent by the Court) to, from S. David Frankel, Q.C.; re: when rendering the decision to take into account the salmon fishing season (beginning of May to end of Sept.) | |
| 1995-12-14 | General proceeding, transcript received and distributed to the justices (435 pages) (joint with 23801-803) | |
| 1995-11-30 | General proceeding, 3 MAPS TO BE RETURNED TO MR. FRANKEL | Her Majesty the Queen |
| 1995-11-30 | Book of authorities, 10 copies of BRIEF OF AUTHORITIES (joint with 23801-803-804) | Fisheries Council of British Columbia |
| 1995-11-29 | General proceeding, 24 copies of respondent's memorandum as to costs joint with 23801 23803 23804, sent to CJ LaF L'HD So G Co McL I Ma, Dec 1/95, with service | Her Majesty the Queen |
| 1995-11-28 | Book of authorities, 10 copies of CONDENSED BOOK OF EVIDENCE (joint with 23801-803) | First Nations Summit |
| 1995-11-28 | Book of authorities, 10 copies of BOOK OF EXTRACTS (joint with 23801- 803-804) | Delgamuukw et al |
| 1995-11-27 |
Hearing of the appeal, 1995-11-27, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1995-11-24 | Book of authorities, CONDENSED BRIEF...10 copies (joint with 23801-02- 03-04) | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-11-24 | Book of authorities, CONDENSED BOOK OF EVIDENCE & AUTHORITIES 10 copies | N.T.C. Smokehouse Ltd. |
| 1995-11-23 | Book of authorities, 10 copies (joint with 23801-23802-23804) | Attorney General of British Columbia |
| 1995-11-22 | Appellant's argument on the motion to adduce new evidence, 10 copies (by order of McL dated Nov. 17/95) | N.T.C. Smokehouse Ltd. |
| 1995-11-21 | Book of authorities, 10 copies (joint with 23801-02-03-04), with service | Her Majesty the Queen |
| 1995-11-20 | General proceeding, transcript received on Nov. 17/95 motions (73p.) | |
| 1995-11-20 | Correspondence (sent by the Court) to, of Patrick G. Foy re: C.N.'s position along with a letter too Peter R. Grant | |
| 1995-11-20 | Correspondence (sent by the Court) to, of Robert Frater re: duration of argument | |
| 1995-11-17 |
Decision on miscellaneous motion, by A.G. - B.C. to vary the order of McL dated Oct. 3/94 to permit a lengthier time for oral argument, McL Granted, no order as to costs |
|
| 1995-11-17 | Hearing of miscellaneous motion, 1995-11-17, by A.G. - B.C. to vary the order of McL dated Oct. 3/94 to permit a lengthier time for oral argument, McL | |
| 1995-11-17 | Submission of miscellaneous motion, 1995-11-17, by A.G. - B.C. to vary the order of McL dated Oct. 3/94 to permit a lengthier time for oral argument, McL | |
| 1995-11-17 |
Decision on miscellaneous motion, McL, permitting the respondent to file a memorandum as to costs. The motion is dismissed and costs are awarded on a solicitor-client basis in any event of the cause; if costs become a material issue, the Court may seek such assistance as it sees fit from counsel on the matter Dismissed, no order as to costs |
|
| 1995-11-17 | Hearing of miscellaneous motion, 1995-11-17, McL | |
| 1995-11-17 | Submission of miscellaneous motion, 1995-11-17, McL | |
| 1995-11-17 |
Decision on motion to adduce new evidence, McL Granted, no order as to costs |
|
| 1995-11-17 | Hearing of the motion to adduce new evidence, 1995-11-17, McL | |
| 1995-11-17 | Submission of motion to adduce new evidence, 1995-11-17, McL | |
| 1995-11-17 |
Decision on motion to strike out, the factum & evidence & oral argument of CNR, McL Dismissed, no order as to costs |
|
| 1995-11-17 | Hearing of motion to strike out, 1995-11-17, the factum & evidence & oral argument of CNR, McL | |
| 1995-11-17 | Submission of motion to strike out, 1995-11-17, the factum & evidence & oral argument of CNR, McL | |
| 1995-11-17 |
Decision on motion to strike out, parts of the respondent's factum, McL Dismissed, no order as to costs |
|
| 1995-11-17 | Hearing of motion to strike out, 1995-11-17, parts of the respondent's factum, McL | |
| 1995-11-17 | Submission of motion to strike out, 1995-11-17, parts of the respondent's factum, McL | |
| 1995-11-17 |
Decision on motion to extend time, McL, to serve and file the factum and brief of documents to Nov 17. Reply factums, if any, shall be filed by Nov. 24/95; the appellants shall tax their costs flowing from the interveners' failure to serve their factums when they should have been served; the sum of $7,500. shall be deposited in trust for each of the appellants as security for payment of their taxed costs Granted, no order as to costs |
|
| 1995-11-17 | Hearing of motion to extend time, 1995-11-17, McL | |
| 1995-11-17 | Submission of motion to extend time, 1995-11-17, McL | |
| 1995-11-16 | General proceeding, to note the SUBMISSIONS...TO ADDUCE FRESH EVIDENCE (with letter of Mr. Hugh M.G. Braker dated Nov. 16 1995) | N.T.C. Smokehouse Ltd. |
| 1995-11-14 | Correspondence (sent by the Court) to, of Stuart Rush dated Nov. 8/95 re: time allocation | |
| 1995-11-14 | Affidavit, to file the interveners' factum and brief of Documents to Nov. 17/95 (of Susan Michels), with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-11-14 | $50.00 filing fee for notice of motion, to extend time receipt #31055 | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-11-14 | Motion to extend time, to file the interveners' factum and Brief of Documents to Nov. 17/95, with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-11-14 | Affidavit, to file a memorandum as to Costs (of Cheryl J. Tobias), with service | Her Majesty the Queen |
| 1995-11-14 | $50.00 filing fee for notice of motion, to file a memo as to Costs receipt taken from Justice account | Her Majesty the Queen |
| 1995-11-14 | Notice of miscellaneous motion, to file a memorandum as to Costs, with service | Her Majesty the Queen |
| 1995-11-14 | Affidavit, to vary the order of McL of the 3rd of October 94 re: time allocations (of Paul J. Pearlman), with service | Attorney General of British Columbia |
| 1995-11-14 | $50.00 filing fee for notice of motion, re: time allocations receipt #31057 | Attorney General of British Columbia |
| 1995-11-14 | Notice of miscellaneous motion, to vary the order of McL of the 3rd of October 94 re: time allocation, with service | Attorney General of British Columbia |
| 1995-11-10 | Correspondence (sent by the Court) to, of Patrick G. Foy (Ladner Downs) dated Nov. 9/95 to request that the written submission filed on the motions heard by McL be made available for all members of the Court (see memorandum of the intervener), with service | |
| 1995-11-10 | Correspondence (sent by the Court) to, sent to all parties in view of the extensive material filed in this case there is a requirement to file a condensed book containing the excerpts of the evidence and authorities that will be referred to in oral argument at the hearing also attaching a noti | |
| 1995-11-10 | General proceeding, to note 2 copies of the RESPONSE to the appellant' s motion to STRIKE OUT, with service | Canadian National Railway Company |
| 1995-11-10 | General proceeding, to note 10 copies of Memorandum of the intervener in support of motions respecting judicial notice of HISTORICAL DOCUMENTS, with service | Canadian National Railway Company |
| 1995-11-09 | Correspondence (sent by the Court) to, (by fax) of Christopher Harvey, Q.C. dated Nov. 8, 1995 re: time allocations | |
| 1995-11-09 | Correspondence (sent by the Court) to, (by fax) of Arthur Pape dated Nov. 8/95 re: time allocation | |
| 1995-11-09 | Correspondence (sent by the Court) to, (by fax) of S. David Frankel, Q.C. dated Nov. 8/95 re: time allotment | |
| 1995-11-08 | Correspondence (sent by the Court) to, (by fax) from Stuart Rush; re: proposed allocation of time | |
| 1995-11-08 | Correspondence (sent by the Court) to, from Danielle Beaulieu re: to confirm Video Conference on Nov/17/1995 at 11:00am E.S.T. to David Frankel and P.G. Foy and also H.M.G. Braker by fax. | |
| 1995-11-08 | Correspondence (sent by the Court) to, (by fax) from Paul J. Pearlman; re: proposed allocation of time | |
| 1995-11-08 | Correspondence (sent by the Court) to, (by fax) from J. Keith Lowes; re: content with the proposed allocation of time | |
| 1995-11-08 | Correspondence (sent by the Court) to, (by fax) of Mr. Rosenberg to advise the Court that Mr. Hugh Braker wiil address the motions on Nov. 17/95 | |
| 1995-11-08 | Correspondence (sent by the Court) to, (by fax) of Mr. David M. Rosenberg dated Nov 8/95 re: time allocations | |
| 1995-11-07 | Correspondence (sent by the Court) to, (by fax) from Ladner, Downs; re: Patrick G. Foy will be counsel at the hearing; proposed breakdown of time | |
| 1995-11-03 | $50.00 filing fee for notice of motion, receipt #31006 (adduce new evidence) | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Affidavit, Philip Fenn | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Motion to adduce new evidence | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | $50.00 filing fee for notice of motion, receipt #31006 | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Affidavit, paragraphs 36, 51, 53 and 55 of the respondent's factum; David Rosenberg | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Motion to strike out, paragraphs 36, 51, 53 and 55 of the respondent's factum | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Affidavit, denying CNR leave to present oral argument in this appeal; David Rosenberg | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Notice of miscellaneous motion, denying the CNR leave to present oral argument in this appeal | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | $50.00 filing fee for notice of motion, receipt #31006 | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Affidavit, the factum filed by CNR; striking the evidence filed by CNR; David Rosenberg | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Motion to strike out, the factum filed by CNR; striking the evidence filed by CNR | N.T.C. Smokehouse Ltd. |
| 1995-11-03 | Intervener's factum, 24 copies (joint with 23801-803), with service | Howard Pamajewon |
| 1995-10-31 | Notice of withdrawal, With service | Attorney General of Saskatchewan |
| 1995-10-31 | Reply factum on appeal, 24 copies, with service | N.T.C. Smokehouse Ltd. |
| 1995-10-27 | Correspondence (sent by the Court) to, (by fax) from D. Frankel; re: responding to Mr. Hugh Braker's letter of Oct. 26/95 | |
| 1995-10-27 | Correspondence (sent by the Court) to, (by fax) from Hugh Braker; re: shedule of hearing of the appeals | |
| 1995-10-02 | Proof of service, of Notice of withdrawal, with service | |
| 1995-09-29 | Notice of withdrawal, (fax copy) | Attorney General for Ontario |
| 1995-09-25 |
Appeal hearing scheduled, 1995-11-27 Decision reserved |
|
| 1995-09-22 | Order on motion for leave to intervene | |
| 1995-09-22 | Order on motion for leave to intervene | |
| 1995-09-22 | Order on motion for leave to intervene | |
| 1995-09-22 | Order on motion for leave to intervene | |
| 1995-09-22 | Order on motion for leave to intervene | |
| 1995-09-22 | Order on miscellaneous motion, to file 10 copies of Historical Documents | |
| 1995-09-22 |
Decision on miscellaneous motion, to file 10 copies of Historical Documents, Reg Granted, no order as to costs |
|
| 1995-09-22 | Hearing of miscellaneous motion, 1995-09-22, to file 10 copies of Historical Documents, Reg | |
| 1995-09-22 | Submission of miscellaneous motion, 1995-09-22, to file 10 copies of Historical Documents, Reg | |
| 1995-09-21 | Response to miscellaneous motion, permittinghe the CNR to file a total of 10 copies of "Historical documents" | Her Majesty the Queen |
| 1995-09-21 | Notice of withdrawal | Attorney General of Newfoundland |
| 1995-09-20 | Proof of service, of the intervener factum upon the interveners Pamajewon et al | |
| 1995-09-20 | Proof of service, of the A. G. B. C.'s factum to the intervener's Pamajewon (Shore, Davis) | |
| 1995-09-15 | Intervener's factum, 24 copies, with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-09-15 | Intervener's factum, 24 copies (joint with 23801-23803), with service | Fisheries Council of British Columbia |
| 1995-09-15 | Intervener's factum, 24 copies, with service | Canadian National Railway Company |
| 1995-09-15 | Affidavit, Jane Jago, with service | Canadian National Railway Company |
| 1995-09-15 | $50.00 filing fee for notice of motion, receipt #30644 | Canadian National Railway Company |
| 1995-09-15 | Notice of miscellaneous motion, for an Order permitting the filing of a total of 10 copies of "Historical Documents" (joint with 23802-23804), with service | Canadian National Railway Company |
| 1995-09-15 | General proceeding, 10 copies of "Historial documents" (joint with 23802-23804) 3 volumes, with service | Canadian National Railway Company |
| 1995-09-15 | General proceeding, 24 copies of BRIEF OF DOCUMENTS, with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-09-14 | General proceeding, 23 copies of appendix "A" (joint with 23801-2-4), with service | Attorney General of British Columbia |
| 1995-09-14 | Intervener's factum, 24 copies (joint with 23801-2-4), with service | Attorney General of British Columbia |
| 1995-09-14 | Correspondence (sent by the Court) to, from Lang, Michener, letter dated Sept. 14/95 re: Lang, Michener will be the Agent for the Att. Gen. of Alberta in the fisheries' cases only | |
| 1995-09-13 | Notice of withdrawal, (1 copy), with service | Attorney General of Alberta |
| 1995-09-06 |
Decision on the motion for leave to intervene, CJ Granted, no order as to costs |
|
| 1995-09-06 | Hearing of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 | Submission of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 |
Decision on the motion for leave to intervene, CJ Granted, no order as to costs |
|
| 1995-09-06 | Hearing of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 | Submission of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 |
Decision on the motion for leave to intervene, CJ Granted, no order as to costs |
|
| 1995-09-06 | Hearing of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 | Submission of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 |
Decision on the motion for leave to intervene, CJ Granted, no order as to costs |
|
| 1995-09-06 | Hearing of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 | Submission of motion for leave to intervene, 1995-09-06, CJ | |
| 1995-09-06 |
Decision on motion to extend time, to intervene, CJ Granted, no order as to costs |
|
| 1995-09-06 | Hearing of motion to extend time, 1995-09-06, to intervene, CJ | |
| 1995-09-06 | Submission of motion to extend time, 1995-09-06, to intervene, CJ | |
| 1995-09-06 |
Decision on the motion for leave to intervene, all other matters are referred to Justice McLachlin for determination, CJ Granted, no order as to costs |
|
| 1995-09-06 | Hearing of motion for leave to intervene, 1995-09-06, all other matters are referred to Justice McLachlin for determination, CJ | |
| 1995-09-06 | Submission of motion for leave to intervene, 1995-09-06, all other matters are referred to Justice McLachlin for determination, CJ | |
| 1995-08-29 | Correspondence (sent by the Court) to, (by fax) from David Frankel; re: will not oppose the intervention of Howard Pamajewon | |
| 1995-08-28 | Notice of hearing, With service | N.T.C. Smokehouse Ltd. |
| 1995-08-23 | Proof of service, of the motion to extend time for leave to intervene and for leave to intervene (joint with 23801-03-04) | |
| 1995-08-23 | Proof of service, of the affidavit of Arthur Pape (for leave to intervene) (joint with 23801-03-04) | |
| 1995-08-15 | Book of authorities, 10 copies of vol. 1 and 2 (joint with 23801-3), with service | Her Majesty the Queen |
| 1995-08-15 | Respondent's factum, 24 copies (see order dated July 6, 1995 - McL), with service | Her Majesty the Queen |
| 1995-08-15 | Order on motion to file a lengthy factum | |
| 1995-08-11 | Affidavit, of Arthur Pape re: motion to intervene (joint with 23801-3-4) | Howard Pamajewon |
| 1995-08-11 | Affidavit, of Arthur Pape (joint with 23801-3-4) | Howard Pamajewon |
| 1995-08-11 | $50.00 filing fee for notice of motion, receipt no. 30541 | Howard Pamajewon |
| 1995-08-11 | Motion to extend time, (to file the motion to intervene) - joint with 23801-3-4) | Howard Pamajewon |
| 1995-08-11 | Motion for leave to intervene, (joint with 23801-3-4) | Howard Pamajewon |
| 1995-08-10 |
Decision on motion to file a lengthy factum, - motion to deliver 2 facta in the above appeals is granted, provided that the 2 facta in total do not exceed 30 pages (23801-23802-23804), McL Dismissed, no order as to costs |
|
| 1995-08-10 | Hearing of motion to file a lengthy factum, 1995-08-10, - motion to deliver 2 facta in the above appeals is granted, provided that the 2 facta in total do not exceed 30 pages (23801-23802-23804), McL | |
| 1995-08-10 | Submission of motion to file a lengthy factum, 1995-08-10, - motion to deliver 2 facta in the above appeals is granted, provided that the 2 facta in total do not exceed 30 pages (23801-23802-23804), McL | |
| 1995-08-01 | Correspondence (sent by the Court) to, from D. Frankel to M. Larmour, letter dated Aug. 1/95 re: has no objection to the A.G.B.C. to file more than 1 intervener's factum (fax copy) | |
| 1995-07-28 | Correspondence (sent by the Court) to, from Gowling to Burke-Robertson, letter dated July 28, 1995, fax copy re: oppose for an hour of oral argument | |
| 1995-07-28 | Correspondence (sent by the Court) to, from David Frankel to Burke-Robertson, letter dated July 26, 1995 (fax copy) re: not consenting to any order dealing with the time for oral argument at this time (see 23801-2-4) | |
| 1995-07-12 | $50.00 filing fee for notice of motion, receipt #30427 | Attorney General of British Columbia |
| 1995-07-06 |
Decision on motion to amend, McL, the order of McLachlin J. dated Jan. 10/95. The motion is allowed. The order of January 10/95 is varied as follows: The respondent's facta are to be filed on or before August 15/95. The facta of the intervenors supporting the respondent are to be filed on or before Sept. 15/95; and The reply facta of the appellants are to be filed on or before Oct. 31/95. The above appeal will proceed on the week of Nov. 27/95. Granted, no order as to costs |
|
| 1995-07-06 | Hearing of motion to amend, 1995-07-06, McL | |
| 1995-07-06 | Submission of motion to amend, 1995-07-06, McL | |
| 1995-07-06 | Affidavit, not exceeding one hour {of Gillian P. Wallace sworn June 2, 1994 (sic)}, with service | Attorney General of British Columbia |
| 1995-07-06 | Affidavit, not exceeding one hour (of Gillian P. Wallace sworn June 30/95), with service | Attorney General of British Columbia |
| 1995-07-06 | Motion for additional time to present oral argument, not exceeding one hour, with service | Attorney General of British Columbia |
| 1995-06-26 | Affidavit, the schedule for the filing of facta; 7 copies; Cheryl J. Tobias, with service | Her Majesty the Queen |
| 1995-06-26 | Motion to amend, the schedule for the filing of facta; 7 copies, with service | Her Majesty the Queen |
| 1995-05-23 | Correspondence (sent by the Court) to, from S. David Frankel, Q.C.; re: will apply for an extension of time to file the factum | |
| 1995-04-25 | Appeal perfected for hearing, Session beginning on 1995-10-02 | |
| 1995-04-07 | Intervener's factum, 24 copies (joint with 23803-23801), with service | First Nations Summit |
| 1995-03-31 | Intervener's factum, 24 copies (joint with 23801-803-804), with service | Delgamuukw et al |
| 1995-03-30 | Response to motion to extend time, to file the intervener's factum (First Nations) to April 7, 1995 (joint with 23801-23803) | N.T.C. Smokehouse Ltd. |
| 1995-03-30 | Response to motion to extend time, to file the intervener's factum (First Nations) to April 7, 1995 (joint with 23801-3) (David Frankel - letter form) | Her Majesty the Queen |
| 1995-03-30 | Affidavit, to file the intervener's factum to April 7, 1995 (joint with 23803-801) (Arthur Pape) | First Nations Summit |
| 1995-03-30 | Motion to extend time, to file the intervener's factum to April 7, 1995 (joint with 23803-801) | First Nations Summit |
| 1995-03-30 |
Decision on motion to extend time, to file the factum to April 7/95, McL Granted, no order as to costs |
|
| 1995-03-30 | Hearing of motion to extend time, 1995-03-30, to file the factum to April 7/95, McL | |
| 1995-03-30 | Submission of motion to extend time, 1995-03-30, to file the factum to April 7/95, McL | |
| 1995-02-28 | Appellant's factum, 24 copies, with service | N.T.C. Smokehouse Ltd. |
| 1995-02-21 | Certified casebook, 1 copy of vols. 1 and 2, with service | N.T.C. Smokehouse Ltd. |
| 1995-01-26 | Proof of service, of notice of motion an submission | |
| 1995-01-26 |
Decision on miscellaneous motion, McL, - the four applications to permit the filing of supplementary documents as part of the Case on Appeal brought respectively by: the CNR; the Attorney-General for B.C.; the Fisheries Council of B.C. and the B.C. Fisheries Survival Coalision and B.C. Wildlife Society; and Gladstone et al. A Fifth application is brought by Lewis to file responsive documents in the event that the applications by the CNR and Fisheries Council are allowed. (for reasons see file) Granted, no order as to costs |
|
| 1995-01-26 | Hearing of miscellaneous motion, 1995-01-26, McL | |
| 1995-01-26 | Submission of miscellaneous motion, 1995-01-26, McL | |
| 1995-01-26 |
Hearing of miscellaneous motion, 1995-01-26, re: historical documents Decision reserved |
|
| 1995-01-26 |
Submission of miscellaneous motion, 1995-01-26, re: historical documents Decision reserved |
|
| 1995-01-24 | General proceeding, 2 copies of additional documents, with service | Fisheries Council of British Columbia |
| 1995-01-24 | Notice of miscellaneous motion, to file historical documents; 2 copies + 2 copies of submission, with service | Fisheries Council of British Columbia |
| 1995-01-17 | General proceeding, to note 2 copies of CN historical documents (vol. A,B,C & D) (joint with 23802-23804) | Canadian National Railway Company |
| 1995-01-17 | General proceeding, to note 2 copies of the MEMORANDUM for the motion to file CN historical documents (joint with 23802- 23804), with service | Canadian National Railway Company |
| 1995-01-17 | Affidavit, to file the CN historical documents (of Katherine Ann Duncan), with service | Canadian National Railway Company |
| 1995-01-17 | Notice of miscellaneous motion, to file CN historical documents (joint with 23802- 23804), with service | Canadian National Railway Company |
| 1995-01-11 |
Decision on the motion for leave to intervene, factum limited to 30 pages, McL Granted, no order as to costs |
|
| 1995-01-11 | Hearing of motion for leave to intervene, 1995-01-11, factum limited to 30 pages, McL | |
| 1995-01-11 | Submission of motion for leave to intervene, 1995-01-11, factum limited to 30 pages, McL | |
| 1995-01-10 | Order on miscellaneous motion, order of McL J. re: filing dates | |
| 1995-01-05 | Correspondence (sent by the Court) to, from I. G. Whitehall re: not opposing the Delgamuukw's application to intervene (joint with 23801-2-3-4) - fax copy (original filed Jan. 11/95 ) | |
| 1995-01-05 | Response to the motion for leave to intervene, of David Rosenberg re: Delgamuukw's application to intervene (fax copy) | N.T.C. Smokehouse Ltd. |
| 1994-12-02 | Correspondence (sent by the Court) to, from Gowling; re: agreed filing schedule | |
| 1994-11-30 | Correspondence (sent by the Court) to, from Gowling; re: proposed schedule for the filings | |
| 1994-11-14 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1994-11-14 | Notice of intervention respecting a constitutional question, With service | Attorney General of Newfoundland |
| 1994-11-14 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1994-11-10 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 1994-11-04 | General proceeding, to note a copy of submissions in support of their applications | Delgamuukw et al |
| 1994-11-04 | Affidavit, of Gordon Sebastian | Delgamuukw et al |
| 1994-11-04 | Motion for leave to intervene | Delgamuukw et al |
| 1994-11-02 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of British Columbia |
| 1994-10-31 | Order on motion for leave to intervene | |
| 1994-10-13 | Notice of constitutional question(s), With service | N.T.C. Smokehouse Ltd. |
| 1994-10-07 | Order on motion to state a constitutional question | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file), McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file), McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file) heard jointly with I06, McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file) heard jointly with I06, McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file) heard jointly with I06, McL | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file), McL Dismissed, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file), McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file), McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 |
Decision on the motion for leave to intervene, (for reasons see file), McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL | |
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30, (heard jointly with I06) Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30, (heard jointly with I06) Decision reserved |
|
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Hearing of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Submission of motion for leave to intervene, 1994-09-30 Decision reserved |
|
| 1994-09-30 |
Decision on the motion to state a constitutional question, on behalf of both parties is granted. Notices of intention to intervene to be filed by Nov 14/94 (for questions see file), CJ Granted, no order as to costs |
|
| 1994-09-30 | Hearing of the motion to state a constitutional question, 1994-09-30, on behalf of both parties is granted. Notices of intention to intervene to be filed by Nov 14/94 (for questions see file), CJ | |
| 1994-09-30 | Submission of motion to state a constitutional question, 1994-09-30, on behalf of both parties is granted. Notices of intention to intervene to be filed by Nov 14/94 (for questions see file), CJ | |
| 1994-09-27 | Affidavit, Joe Mathias | First Nations Summit |
| 1994-09-27 | Motion for leave to intervene | First Nations Summit |
| 1994-09-13 | Appeal court record, 1 accordion file | |
| 1994-08-19 | Case on appeal, 23 copies of vol. I & II (extension of time requested) | N.T.C. Smokehouse Ltd. |
| 1994-07-22 | Correspondence (sent by the Court) to, of Mr. Christopher Harvey, Q.C. to advise that the motion for leave to intervene of B.C. Wildlife Society should be read B.C. Wildlife FEDERATION (joint with 23801-02-03-04) | |
| 1994-07-07 | Correspondence received from, of Mr. David Rosenberg (Rosenberg & Rosenberg) to advise the Court that the appellant is opposing the application for leave to intervene by the Fisheries Council of B.C.; by the Canadian National Railway Company; by the B.C. Fisheries Survival Coalition a | N.T.C. Smokehouse Ltd. |
| 1994-07-06 | Proof of service, of Notice of Intervention | |
| 1994-06-07 | Affidavit, Dr. John M. Anderson, with service | Atlantic Salmon Federation (Canada) |
| 1994-06-07 | Motion for leave to intervene, With service | Atlantic Salmon Federation (Canada) |
| 1994-06-07 | Affidavit, (of Phillip Ivar Eidsvik) (joint with 23801-2-3-4), with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1994-06-07 | Motion for leave to intervene, (joint with 23801-2-3-4), with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1994-06-06 | Affidavit, Gillian P. Wallace, with service | Attorney General of British Columbia |
| 1994-06-06 | Motion for leave to intervene, With service | Attorney General of British Columbia |
| 1994-06-01 | Affidavit, of T.A. Dohm, Q.C. in support of the constitutiona l questions, with service | Her Majesty the Queen |
| 1994-06-01 | Motion to state a constitutional question, With service | Her Majesty the Queen |
| 1994-05-31 | Affidavit, 2 copies; Paul Antymniuk, with service | Canadian National Railway Company |
| 1994-05-31 | Motion for leave to intervene, 2 copies, with service | Canadian National Railway Company |
| 1994-05-26 | General proceeding, 2 copies of OUTLINE OF SUBMISSIONS OF FISHERIES COUNCIL OF B.C. ON ITS APPLICATION FOR LEAVE TO INTERVENE (joint with 23801-2-3-4), with service | Fisheries Council of British Columbia |
| 1994-05-26 | Affidavit, of Michael Hunter (JOINT WITH 23801-2-3-4) - 2 copies, with service | Fisheries Council of British Columbia |
| 1994-05-26 | Motion for leave to intervene, 2 copies (JOINT WITH 23801-2-3-4), with service | Fisheries Council of British Columbia |
| 1994-05-18 | Motion to state a constitutional question | N.T.C. Smokehouse Ltd. |
| 1994-05-11 | Order granting leave to appeal | |
| 1994-04-18 | General proceeding, (AMENDED NOTICE OF APPEAL) - 1 copy, with service | N.T.C. Smokehouse Ltd. |
| 1994-04-08 | Notice of appeal, (1 copy), with service | N.T.C. Smokehouse Ltd. |
| 1994-03-11 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-03-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-03-10 |
Judgment of the Court on the application for leave to appeal, CJ Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-01-27 | All materials on application for leave submitted to the Judges, CJ Co Ia | |
| 1993-12-23 | Correspondence received from, from S. David Frankel re: no intention to file a respondent's memorandum (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Her Majesty the Queen |
| 1993-11-19 |
Decision on motion to extend time, to serve and file a response to Dec 31/93, Reg Granted, no order as to costs |
|
| 1993-11-19 | Hearing of motion to extend time, 1993-11-19, to serve and file a response to Dec 31/93, Reg | |
| 1993-11-19 | Submission of motion to extend time, 1993-11-19, to serve and file a response to Dec 31/93, Reg | |
| 1993-11-18 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) re: receipt of material commencing a proceeding and filing fee | |
| 1993-11-16 | Response to motion to extend time, to file a response to Dec.31/93 (exhibit "C" to the affidavit) | N.T.C. Smokehouse Ltd. |
| 1993-11-16 | Affidavit, to file a response to Dec.31/93, with service | Her Majesty the Queen |
| 1993-11-16 | Motion to extend time, to file a response to Dec.31/93, with service | Her Majesty the Queen |
| 1993-11-04 | General proceeding, TO BE REFERRED WITH 23799-23801-23802-23803-23804 | |
| 1993-10-20 | $30.00 filing fee, receipt #27706 | N.T.C. Smokehouse Ltd. |
| 1993-10-20 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-10-20 | N.T.C. Smokehouse Ltd. |
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 |
|---|---|---|
| N.T.C. Smokehouse Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian National Railway Company | Intervener | Active |
| Fisheries Council of British Columbia | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| B.C. Fisheries Survival Coalition & B.C. Wildlife Federation | Intervener | Active |
| First Nations Summit | Intervener | Active |
| Delgamuukw et al | Intervener | Active |
| Pamajewon, Howard | Intervener | Active |
| Jones, Roger | Intervener | Active |
| Gardner, Arnold | Intervener | Active |
| Pitchenese, Jack | Intervener | Active |
| Gardner, Allan | Intervener | Active |
Counsel
Party: N.T.C. Smokehouse Ltd.
Counsel
671D Market Hill Road
Vancouver, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
FAX: (604) 879-4934
Agent
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
Counsel
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Canadian National Railway Company
Counsel
200 Burrard St
Suite 1200
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Fisheries Council of British Columbia
Counsel
Vancouver, British Columbia
V6E 2M6
Telephone: (604) 669-5500
FAX: (604) 688-8491
Agent
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800
Party: Attorney General of British Columbia
Counsel
103 - 1216 BROAD ST
VICTORIA, British Columbia
V8W 2A5
Telephone: (604) 356-4550
FAX: (604) 388-7133
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
Counsel
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: First Nations Summit
Counsel
500 - 221 Esplanade Ave. W.
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: haslade@ratcliff.com
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Delgamuukw et al
Counsel
300 - 111 Water Street
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 687-5611
FAX: (604) 681-0912
Email: stuart@rcga.com
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Pamajewon, Howard
Counsel
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Jones, Roger
Counsel
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Gardner, Arnold
Counsel
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Pitchenese, Jack
Counsel
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Gardner, Allan
Counsel
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
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
County Court of British Columbia
x
summary conviction appeal dismissed
Court of Appeal for British Columbia (Vancouver)
CA011962
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
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
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