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.
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.
| 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
| Name | Role | Status |
|---|---|---|
| Gladstone, Donald | Applicant | Active |
| Gladstone, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
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
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
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Gladstone, William
Counsel
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
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
239 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4900
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: Attorney General of Alberta
Counsel
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
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
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
Supreme Court of British Columbia
CC901432
summary conviction appeal allowed in part
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
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