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23801

Donald Gladstone, et al. 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-04-15 Correspondence (sent by the Court) to, from M. Storrow re: notice of change of address for delivery - Blake, Cassels & Graydon, Suite 2600, Three Bentall Centre, 595 Burrard Street, P. O. Box 49314, Vancouver, B.C. V7X 1L3, with service
1997-04-01 Correspondence (sent by the Court) to, from Henry S. Brown, Q.C.; re: discontinues the bill of costs
1996-12-02 Correspondence (sent by the Court) to, from Henry S. Brown, Q.C.; re: the parties have settled the taxations upon the intervener
1996-10-24 Submission of application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, 1996-10-24, "I would direct the applicants' costs be taxed on a solicitor-and-client scale". (see file for reasons), McL
1996-10-24 Decision on judicial taxation, "I would direct that the applicants' costs be taxed on a solicitor-and-client scale". (see file for reasons), McL
Granted, no order as to costs
1996-10-24 Hearing on judicial taxation, 1996-10-24, "I would direct that the applicants' costs be taxed on a solicitor-and-client scale". (see file for reasons), McL
1996-10-21 Decision on the objection to the taxation of the bill of costs, Under the circumstances, I think that it is appropriate for me to refer the matter to you, (McLachin, J.) pursuant to Rule 55 (see file)
Referred, no order as to costs
1996-10-21 Hearing of objection to registrar's decision on taxation, 1996-10-21, Under the circumstances, I think that it is appropriate for me to refer the matter to you, (McLachin, J.) pursuant to Rule 55 (see file)
1996-10-21 Submission of objection to taxation of the bill of costs, 1996-10-21, Under the circumstances, I think that it is appropriate for me to refer the matter to you, (McLachin, J.) pursuant to Rule 55 (see file)
1996-10-17 Proof of service, by Scott & Aylen to the reply to the objection re: taxation (joint with 23803-4) letter form
1996-10-15 General proceeding, reply for review of taxation Donald Gladstone
1996-10-07 Record returned to the Registrar of the Court of Appeal, (3 boxes - joint with 23800 & 23802)
1996-09-24 General proceeding, 3 copies of REPLY TO THE OBJECTION TO THE TAXATION OF COSTS (joint with 23803-804), with service B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1996-09-23 Appeal closed
1996-09-10 Objection to the taxation of the bill of costs, 3 copies bookform (joint with 23803-804), with service, Completed on: 1996-09-10 Donald Gladstone
1996-08-29 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1996-08-29 Copy of formal judgment being prepared, A.G. of Canada
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, Lang, Michener
1996-08-29 Copy of formal judgment being prepared, Fraser & Beatty
1996-08-29 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey
1996-08-21 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and a new trial is directed, La Forest J. dissenting. (see file for answer to constitutional question).
Allowed, 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, Lang, Michener
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, A.G. of Canada
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, Fraser & Beatty
1996-08-14 Correspondence (sent by the Court) to, dated August 13/96 from Henry S. Brown (Gowlings) to advise the Court that he intends to file an OBJECTION to the taxation of the bills of costs shortly (JOINT WITH 23803-804)
1996-07-19 Decision on the bill of costs, at $1,219.48 from the failure of the interveners B.C. Fisheries Survival Coalition and B.C. Wildlife Federation to serve their factum on time
1996-07-03 Notice of appointment to tax the bill of costs, from the failure of the interveners B.C. Fisheries Survival Coalition and B.C. Wildlife Federation to serve their factum on time, with service
1996-06-19 Decision on miscellaneous motion, for an order permittiing 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 permittiing the filing of the supplemental affidavit of Thomas Malloch, McL
1996-06-19 Submission of miscellaneous motion, 1996-06-19, for an order permittiing the filing of the supplemental affidavit of Thomas Malloch, McL
1996-06-14 Correspondence (sent by the Court) to, (by fax) of S. David Frankel, Q.C. in response to Mr. Crane's letter of June 5/96 opposing the respondent's application to file supplemental affidavit of Mr. Thomas Malloch
1996-05-23 $50.00 filing fee for notice of motion, (deducted from Justice account) (joint with 23800 -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 23800-23803), 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 23800-23803), with service, Completed on: 1996-05-23 Her Majesty the Queen
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
1996-03-15 Correspondence (sent by the Court) to, (by fax) of Maria Morellato (Blake Cassels) re: decision in this appeal should not be deferred until Delgamuukw is completed
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.) sent to CJ LaF L'HD So G Co McL I Ma, Mar 20/96
1995-12-15 Reply factum on appeal, MEMORANDUM ON COSTS 24 copies sent to CJ LaF L'HD So G Co McL I Ma, Dec 18/95 Donald Gladstone
1995-12-14 General proceeding, transcript received and distributed to the justices (435 pages) (joint with 23800-803)
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 23800-803-804) Fisheries Council of British Columbia
1995-11-29 General proceeding, 24 copies of respondent's memorandum as to costs joint with 23800 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 CONDENSED Attorney General of Alberta
1995-11-28 Book of authorities, 10 copies of CONDENSED BOOK OF EVIDENCE (joint with 23800-803) First Nations Summit
1995-11-28 Book of authorities, 10 copies of BOOK OF EXTRACTS (joint with 23800- 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 Proof of service, of the Book of Authorities (joint with 23804)
1995-11-24 Book of authorities, CONDENSED BRIEF...10 copies (joint with 23800-02- 03-04) B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1995-11-24 Reply factum on appeal, to the factum of B.C. Fisheries Survival Coalition (order of McL of Nov. 17/95) (24 copies) Donald Gladstone
1995-11-23 Book of authorities, 10 copies (joint with 23800-23802-23804) Attorney General of British Columbia
1995-11-22 Book of authorities, 10 copies (BRIEF OF AUTHORITIES AND EXCERPTS OF EVIDENCE) Donald Gladstone
1995-11-21 Book of authorities, 10 copies (joint with 23800-02-03-04), 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 Robert Frater re: duration of argument
1995-11-20 Correspondence (sent by the Court) to, od Marvin R.V. Storrow to Christopher Harvey, Q.C. dated Nov. 17/95 re: $7500.00 as security for the costs
1995-11-20 Correspondence (sent by the Court) to, of Marvin R.V. Storrow dated Nov. 16/95 in response to the Crown's application for permission to file a Memorandum as to Costs
1995-11-17 $50.00 filing fee for notice of motion, receipt no. 31082 Donald Gladstone
1995-11-17 Decision on miscellaneous motion, by A.G. of 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. of 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. of 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 miscellaneous motion, striking the factum of the intervener B.C. Fisheries Survival Coalition et al and removing them from this appeal, McL
Dismissed, no order as to costs
1995-11-17 Hearing of miscellaneous motion, 1995-11-17, striking the factum of the intervener B.C. Fisheries Survival Coalition et al and removing them from this appeal, McL
1995-11-17 Submission of miscellaneous motion, 1995-11-17, striking the factum of the intervener B.C. Fisheries Survival Coalition et al and removing them from this appeal, 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 17/95. 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 Affidavit, the factum of the interveners B.C. Fisheries Survival Coalition & B.C. Wildlife Federation (of Joanne R. Lysyk) Donald Gladstone
1995-11-16 Motion to strike out, the factum of the interveners B.C. Fisheries Survival Coalition & B.C. Wildlife Federation Donald Gladstone
1995-11-16 Book of authorities, 10 copies (JOINT WITH 23804) Attorney General of Alberta
1995-11-16 Proof of service, of intervener's authorities
1995-11-15 Proof of service, of the motion to file a memorandum as to costs by the Appellant
1995-11-14 Correspondence (sent by the Court) to, of Marvin R.V. Storrow dated Nov. 7/95 re: time allocations
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 allocations, with service Attorney General of British Columbia
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
1995-11-09 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 (original filed Nov. 14/95)
1995-11-08 Correspondence (sent by the Court) to, (by fax) from Marvin R.V. Storrow; re: proposed allocation of time
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. Keity Lowes; re: content with the proposed allocation of time
1995-11-03 Intervener's factum, 24 copies (joint with 23800-803), with service Howard Pamajewon
1995-11-01 Correspondence (sent by the Court) to, (by fax) from Maria Morellato; re: responding to D. Frankel's letter dated oct. 27/95 concerning the schedule for the 5 appeals (original filed Nov. 8/95)
1995-10-31 Notice of withdrawal, With service Attorney General of Saskatchewan
1995-10-31 Reply factum on appeal, 24 copies, with service Donald Gladstone
1995-10-27 Correspondence (sent by the Court) to, (by fax) from D. Frankel; re: responding to Hugh Braker's letter of Oct. 26/95
1995-10-05 Order on motion to file a lengthy factum
1995-10-04 Decision on motion to file a lengthy factum, (48 page factum), McL
Granted, no order as to costs
1995-10-04 Hearing of motion to file a lengthy factum, 1995-10-04, (48 page factum), McL
1995-10-04 Submission of motion to file a lengthy factum, 1995-10-04, (48 page factum), McL
1995-10-02 Proof of service, of Notice of withdrawal, with service
1995-09-29 Motion to file a lengthy factum, of 48 pages, with service Her Majesty the Queen
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
1995-09-21 Notice of withdrawal, With service Attorney General of Newfoundland
1995-09-19 Proof of service, of the factum and the Brief of Documents upon the A.G. of Alberta
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 23800-23803), with service Fisheries Council of British Columbia
1995-09-15 Intervener's factum, 24 copies, with service Attorney General of Alberta
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 23800-2-4), with service Attorney General of British Columbia
1995-09-14 Intervener's factum, 24 copies (joint with 23800-2-4), 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
1995-09-06 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
1995-08-30 $50.00 filing fee for notice of motion, from Justice account Her Majesty the Queen
1995-08-30 Correspondence (sent by the Court) to, from Marvin Storrow to d. Frankel, letter dated Aug. 23, 1995 re: opposes to the motion to file a lenghty factum
1995-08-30 Affidavit, of David Frankel (joint with 23804) - 2 copies, with service Her Majesty the Queen
1995-08-30 Motion to file a lengthy factum, 2 copies (joint with 23804), with service Her Majesty the Queen
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 Donald Gladstone
1995-08-23 Proof of service, of the motion to extend time for leave to intervene and for leave to intervene (joint with 23800-03-04)
1995-08-23 Proof of service, of the affidavit of Arthur Pape (for leave to intervene) (joint with 23800-03-04)
1995-08-15 Book of authorities, 10 copies of vol. 1 and 2 (joint with 23800-3), with service Her Majesty the Queen
1995-08-15 Respondent's factum, 24 copies (see order dated July 6, 1995 - McL) (48 pages - motion requested) (accepted Oct. 4/95), 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 23800-3-4) Howard Pamajewon
1995-08-11 Affidavit, of Arthur Pape (joint with 23800-3-4) Howard Pamajewon
1995-08-11 Motion to extend time, to file the motion to intervene - joint with 23800-3-4) Howard Pamajewon
1995-08-11 Motion for leave to intervene, (joint with 23800-3-4) 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 (23800-23802-23804), 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 (23800-23802-23804), 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 (23800-23802-23804), 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 at this time to any order dealing with the time for oral argument (see 23800-2-4)
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, the order of McLachlin J. dated Jan 10/95. (see order in Smokehouse of same date), McL
Granted, no order as to costs
1995-07-06 Hearing of motion to amend, 1995-07-06, the order of McLachlin J. dated Jan 10/95. (see order in Smokehouse of same date), McL
1995-07-06 Submission of motion to amend, 1995-07-06, the order of McLachlin J. dated Jan 10/95. (see order in Smokehouse of same date), McL
1995-07-06 Affidavit, not exceeding one hour {of Gillian P. Wallace sworn on 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
1995-04-07 Intervener's factum, 24 copies (joint with 23803-23800), with service First Nations Summit
1995-03-31 Intervener's factum, 24 copies (joint with 23800-803-804), 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 23803-800) Donald Gladstone
1995-03-30 Response to motion to extend time, to file the intervener's factum (First Nations) to April 7, 1995 (joint with 23800-3) (David Frankel - letter form) Her Majesty the Queen
1995-03-30 Affidavit, to file the intervener's factum to April 7, 1995 (joint with 23803-800) (Arthur Page) First Nations Summit
1995-03-30 Motion to extend time, to file the intervener's factum to April 7, 1995 (joint with 23803-800) 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
1995-03-20 Decision on motion to extend time, to intervene, McL
Dismissed, no order as to costs
1995-03-20 Hearing of motion to extend time, 1995-03-20, to intervene, McL
1995-03-20 Submission of motion to extend time, 1995-03-20, to intervene, McL
1995-03-20 Decision on the motion for leave to intervene, McL, Both the appellants and the respondent oppose the motion. The motion is brought out of time, as the date for hearing the appeal grows imminent. Moreover, if granted, it would result in the presentation to this Court of a new body of evidence, consisting of the opinion of an expert as to the methodology relevant to ascertaining the right to exploit resources. This in turn, might entail the need to hear further evidence and might even require cross-examination of the expert in question. Moreover, litigants in other actions under appeal might be affected. I conclude that this material cannot, in fairness, be received at this state.
Dismissed, no order as to costs
1995-03-20 Hearing of motion for leave to intervene, 1995-03-20, McL
1995-03-20 Submission of motion for leave to intervene, 1995-03-20, McL
1995-03-10 Affidavit, (of Rick Morgan) (bookform), with service Ontario Federation of Anglers and Hunters ('OFAH')
1995-03-10 Motion for leave to intervene, (bookform), with service Ontario Federation of Anglers and Hunters ('OFAH')
1995-03-10 Affidavit, to file a motion for leave to intervene (of Rick Morgan), with service Ontario Federation of Anglers and Hunters ('OFAH')
1995-03-10 Motion to extend time, to file a motion for leave to intervene (bookform), with service Ontario Federation of Anglers and Hunters ('OFAH')
1995-01-26 Proof of service, of notice of motion and 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 Notice of miscellaneous motion, to file historial documents; 2 copies + 2 copies of submission, with service Fisheries Council of British Columbia
1995-01-24 General proceeding, 2 copies of additional documents, with service Fisheries Council of British Columbia
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 23800-2-3-4) - fax copy
1995-01-05 Response to the motion for leave to intervene, of Marvin R. S. Storrow re: Delgamuukw's application to intervene (fax copy) Donald Gladstone
1994-12-16 Correspondence (sent by the Court) to, from Burke-Robertson; re: was not served with the Case on Appeal; the time for service and filing of the factum of the intervenors will not commence to run until we have received the Case on Appeal
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 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, With service 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 Appeal perfected for hearing, Session beginning on 1995-01-23
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
1994-10-14 Proof of service, of the appellant's factum
1994-10-13 Notice of constitutional question(s), With service Donald Gladstone
1994-10-07 Order on motion to state a constitutional question
1994-10-05 Trial court record, (accordeon)
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 I05, 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 I05, McL
1994-10-03 Submission of motion for leave to intervene, 1994-10-03, (for reasons see file) heard jointly with I05, 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
1994-09-30 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 I05)
Decision reserved
1994-09-30 Submission of motion for leave to intervene, 1994-09-30, (heard jointly with I05)
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 for leave to intervene
Traversed, no order as to costs
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, notices of intention to intervene are 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, notices of intention to intervene are 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, notices of intention to intervene are 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
1994-09-23 Appeal court record, (1 folder and 1 box)
1994-09-07 Appellant's factum, 24 copies, with service Donald Gladstone
1994-07-22 Correspondence (sent by the Court) to, of 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 23800-02-03-04)
1994-07-04 Certified casebook, vol. 1 to 12 Donald Gladstone
1994-06-08 Case on appeal, 23 copies of vol. I to XII Donald Gladstone
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), with service B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1994-06-07 Motion for leave to intervene, (joint with 23800-2-3-4), 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 constitutional questions, with service Her Majesty the Queen
1994-06-01 Motion to state a constitutional question, With service Her Majesty the Queen
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 23800-2-3-4), with service Fisheries Council of British Columbia
1994-05-26 Affidavit, of Michael Hunter (JOINT WITH 23800-2-3-4-) - 2 copies, with service Fisheries Council of British Columbia
1994-05-26 Motion for leave to intervene, 2 copies (JOINT WITH 23800-2-3-4), with service Fisheries Council of British Columbia
1994-04-08 Notice of appeal, (1 copy), with service Donald Gladstone
1994-04-06 Order granting leave to appeal
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: not opposing to leave being granted on the grounds sets out in par. 20, 21 and 23 but leave should not be granted on the ground set out in par. 22 (no intention to file a respondent's memorandum (TO BE SENT WITH THE APPLICATION F 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
1993-11-16 Response to motion to extend time, to file a response to Dec.31/93 (exhibit "B" to the affidavit) Donald Gladstone
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 23799-23800-23802-23803-23804
1993-10-21 Book of authorities, 5 copies Donald Gladstone
1993-10-21 $30.00 filing fee, receipt #27729 Donald Gladstone
1993-10-21 Application for leave to appeal, 5 copies (missing proof of service; formal trial and appeal court orders; order requested not signed), Completed on: 1994-01-25 Donald Gladstone

Parties

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

Main parties

Main parties - Appellants
Name Role Status
Gladstone, Donald Applicant Active
Gladstone, William Applicant Active

v.

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

Other parties

Other parties
Name Role Status
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
Attorney General of Alberta Intervener Active
Pamajewon, Howard Intervener Active
Jones, Roger Intervener Active
Gardner, Arnold Intervener Active
Pitchenese, Jack Intervener Active
Gardner, Allan Intervener Active

Counsel

Party: Gladstone, Donald

Counsel
Name
Marvin R.V. Storrow, Q.C.
Contact information
Blake, Cassels & Graydon LLP
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
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Gladstone, William

Counsel
Name
Marvin R.V. Storrow, Q.C.
Contact information
Blake, Cassels & Graydon LLP
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
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
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
Name
S. David Frankel, Q.C.
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Name
George M. Thomson
Contact information
Attorney General of Canada
Department of Justice
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900

Party: Fisheries Council of British Columbia

Counsel
Name
J. Keith Lowes
Contact information
1800 - 1095 West Pender Street
Vancouver, British Columbia
V6E 2M6
Telephone: (604) 669-5500
FAX: (604) 688-8491
Agent
Name
Lynda M. Colley
Contact information
Fraser Milner Casgrain LLP
1200 - 180 Elgin St
Ottawa, Ontario
K2P 2K7
Telephone: (613) 783-9600
FAX: (613) 563-7800

Party: Attorney General of British Columbia

Counsel
Name
Paul J. Pearlman
Contact information
Fuller, Pearlman
103 - 1216 BROAD ST
VICTORIA, British Columbia
V8W 2A5
Telephone: (604) 356-4550
FAX: (604) 388-7133
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
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
Name
Christopher Harvey, Q.C.
Contact information
Fasken Martineau DuMoulin
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: First Nations Summit

Counsel
Name
Harry A. Slade, Q.C.
Contact information
Ratcliff & Company
500 - 221 Esplanade Ave. W.
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: haslade@ratcliff.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
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
Name
Stuart A. Rush, Q.C.
Contact information
Rush, Crane, Guenther & Adams
300 - 111 Water Street
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 687-5611
FAX: (604) 681-0912
Email: stuart@rcga.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Alberta

Counsel
Name
Robert J. Normey
Contact information
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Pamajewon, Howard

Counsel
Name
Arthur C. Pape
Contact information
Pape & Salter
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Jones, Roger

Counsel
Name
Arthur C. Pape
Contact information
Pape & Salter
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Gardner, Arnold

Counsel
Name
Arthur C. Pape
Contact information
Pape & Salter
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Pitchenese, Jack

Counsel
Name
Arthur C. Pape
Contact information
Pape & Salter
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Gardner, Allan

Counsel
Name
Arthur C. Pape
Contact information
Pape & Salter
460 - 220 Cambie St
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002 Ext: 1
FAX: (604) 681-3050
Email: apape@pstlaw.ca
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
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

August 7, 1991
Supreme Court of British Columbia

CC901432

summary conviction appeal allowed in part

June 25, 1993
Court of Appeal for British Columbia (Vancouver)

517

appeal dismissed

Filed documents

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

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

Downloadable PDFs

Not available

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

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

Downloadable PDFs

Not available

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

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

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13