Case information
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23802
Allan Jacob Lewis, et al. v. Her Majesty the Queen, et al.
(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 23800 & 23802) | |
| 1996-09-27 | Appeal closed | |
| 1996-06-18 | Record returned to the Registrar of the Court of Appeal, (1 env.) | |
| 1996-06-17 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1996-06-17 | Copy of formal judgment being prepared, Lang, Michener | |
| 1996-06-17 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-06-17 | Copy of formal judgment being prepared, Scott & Aylen | |
| 1996-06-17 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-06-17 | Copy of formal judgment being prepared, A.G. of Canada | |
| 1996-06-17 | Copy of formal judgment being prepared, Osler, Hoskin & Harcourt | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Lang, Michener | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Scott & Aylen | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, A.G. of Canada | |
| 1996-04-26 | Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt | |
| 1996-04-25 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, the decision of the British Columbia Court of Appeal is upheld and the convictions on the charges of illegal fishing contrary to the British Columbia Fishery (General) Regulations and the Fisheries Act are maintained. Dismissed, no order as to costs |
|
| 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 | |
| 1996-03-19 | Correspondence (sent by the Court) to, of Harry A. Slade (Ratcliff & Company) dated March 15/96 re: decision in this appeal should not be deferred pending the conclusion of Delgamuukw | |
| 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 | General proceeding, transcript received and distributed to the justices (119 pages) | |
| 1995-11-30 | General proceeding, 3 MAPS TO BE RETURNED TO MR. FRANKEL | Her Majesty the Queen |
| 1995-11-29 |
Hearing of the appeal, 1995-11-29, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1995-11-29 | Book of authorities, 10 copies | Alliance of Tribal Councils (The 'Alliance') |
| 1995-11-29 | Book of authorities, CONDENSED BOOK OF EVIDENCE vol. I & II 10 copies | Allan Jacob Lewis |
| 1995-11-28 | Book of authorities, 10 copies of COMBINED FACTUM AND EXCERPTS OF AUTHORITIES TO BE REFERRED TO IN ORAL ARGUMENT | Attorney General of Alberta |
| 1995-11-28 | Reply factum on appeal, to the interveners B.C. Fisheries Survival Coalition and B.C. Wildlife Federation; 24 copies | Allan Jacob Lewis |
| 1995-11-24 | Book of authorities, CONDENSED BRIEF... 10 copies (joint with 23800-01- 03-04) | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-11-23 | Book of authorities, 10 copies (joint with 23800-23801--23804) | Attorney General of British Columbia |
| 1995-11-21 | Book of authorities, 10 copies (joint with 23800-01-03-04), 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, (by fax) of Patrick G. Foy re: C.N.'s position along with a letter to 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. 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 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 | |
| 1995-11-14 | 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 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, of Patrick G. Foy (Ladner Downs) dated Nov. 9/95 to request that the written submission that was filed on the motions hear 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 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 Leslie Pinder dated Nov. 8/95 re: time allocations | |
| 1995-11-09 | Correspondence (sent by the Court) to, (by fax) of John R. Rich dated Nov. 8/95 re: time allocations | |
| 1995-11-09 | Correspondence (sent by the Court) to, (by fax) of Christopher Harvey, Q.C. dated Nov. 8, 1995 re: time allocations | |
| 1995-11-08 | 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 | |
| 1995-11-06 | Correspondence (sent by the Court) to, (by fax) from Harry A. Slade; re: time allocation | |
| 1995-11-01 | Correspondence (sent by the Court) to, (by fax) from John R. Rich; re: responding to Hugh Braker's letter of Oct. 26/95; David Frankel's letter of Oct. 27/95; and Maria Morellato's letter of Oct. 31/95 | |
| 1995-10-31 | General proceeding, 24 copies of SUPPLEMENTARY DOCUMENTS (see Order of McL Jan. 27/95) | Allan Jacob Lewis |
| 1995-10-31 | Reply factum on appeal, 24 copies, with service | Allan Jacob Lewis |
| 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 | |
| 1995-10-16 | Correspondence (sent by the Court) to, from Lori Sterling to L. Meagher, letter dated Oct. 10/95: Att. Gen. for Ontario will not intervene in this appeal | |
| 1995-10-13 | Appeal court record, 1 envelope | |
| 1995-10-11 | Intervener's factum, 24 copies, with service | Attorney General of Alberta |
| 1995-10-04 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes and the factum is limited to 20 pages in each appeal, McL Granted, no order as to costs |
|
| 1995-10-04 | Hearing of motion for leave to intervene, 1995-10-04, oral argument is limited to 15 minutes and the factum is limited to 20 pages in each appeal, McL | |
| 1995-10-04 | Submission of motion for leave to intervene, 1995-10-04, oral argument is limited to 15 minutes and the factum is limited to 20 pages in each appeal, McL | |
| 1995-10-04 |
Decision on motion to extend time, to intervene, McL Granted, no order as to costs |
|
| 1995-10-04 | Hearing of motion to extend time, 1995-10-04, to intervene, McL | |
| 1995-10-04 | Submission of motion to extend time, 1995-10-04, to intervene, McL | |
| 1995-10-03 | Affidavit, to serve and file the motion to intervene; Aldo P. Argento, with service | Attorney General of Alberta |
| 1995-10-03 | Motion to extend time, to serve and file the motion to intervene, with service | Attorney General of Alberta |
| 1995-09-25 |
Appeal hearing scheduled, 1995-11-29 Decision reserved |
|
| 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 the motion for leave to intervene, of Attorney General of Alberta | Her Majesty the Queen |
| 1995-09-21 | Response to miscellaneous motion, permitting the CNR to file a total of 10 copies of "Historical documents" | Her Majesty the Queen |
| 1995-09-19 | $50.00 filing fee for notice of motion, receipt no. 30656 (motion filed on Sept. 15/95) (joint with 23804) | Attorney General of Alberta |
| 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 | Notice of miscellaneous motion, for an Order permitting the filing of a total of 10 copies of the "Historical documents" (joint with 23800-23804), with service | Allan Jacob Lewis |
| 1995-09-15 | General proceeding, 10 copies of "historical documents" (joint with 23800-23804) 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 |
| 1995-09-15 | Affidavit, of Peter Melnychuk (4 copies - book form - joint with 23804), with service | Attorney General of Alberta |
| 1995-09-15 | Motion for leave to intervene, 4 copies (book form - joint with 23804) UNDER RULE 18 (extension of time requested), with service | Attorney General of Alberta |
| 1995-09-15 | Intervener's factum, 24 copies, with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1995-09-14 | General proceeding, 23 copies of Appendix "A" (joint with 23800-1-4), with service | Attorney General of British Columbia |
| 1995-09-14 | Intervener's factum, 24 copies (joint with 23800-1-4), with service | Attorney General of British Columbia |
| 1995-09-01 | Correspondence (sent by the Court) to, from A.G. Newfoundland; re: does not intend to seek leave to intervene | |
| 1995-08-28 | Notice of hearing, With service | Allan Jacob Lewis |
| 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 | |
| 1995-08-14 | Correspondence (sent by the Court) to, from Graeme Mitchel of Att. Gen. for Sask., letter dated Aug. 4, 1995 re: will not be seeking leave to intervene in this appeal | |
| 1995-08-14 | Correspondence (sent by the Court) to, from Beth Stewart of Att. Gen. of Northwest Territories, letter dated Aug. 8, 1995 re: does not intend to participate in this appeal | |
| 1995-08-14 | Correspondence (sent by the Court) to, from Reinhold Endres to L. Meagher, letter dated Aug. 10, 1995 re: Att. Gen. of Nova Scotia will not be seeking leave to intervene in this appeal | |
| 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 (23800-23801-23804), 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 (23800-23801-23804), 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 (23800-23801-23804), 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 the 30 page factum and 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 23800-1-4) | |
| 1995-07-21 | Correspondence received from, dated July 21/95 (by fax) of John R. Rich (Ratcliff & Company) to confirm that there is no constitutional question involved in this appeal | Allan Jacob Lewis |
| 1995-07-21 | Correspondence (sent by the Court) to, envoyé à Edmond Blanchard (Fredericton, NB) re: lettre datée du 21 juillet/95 de Louise Meagher qu'aucune question constitutionnelle n'ait été formulé nous croyons que les questions que soulève cet appel pourraient intéresser les procureurs généraux des | |
| 1995-07-21 | Correspondence (sent by the Court) to, sent to Clyde Wells (St. John's, NF) re: letter dated July 21/95 that although a constitutional question under Rule 32 has not been stated in this case it was thought that A.G.s of the Provinces and the Ministers of Justice of the Territories may be inter | |
| 1995-07-21 | Correspondence (sent by the Court) to, envoyé à Paul Bégin (Sainte-Foy, QC) re: lettre datée du 21 juillet/95 de Louise Meagher qu'aucune question constitutionnelle n'ait été formulé nous croyons que les questions que soulève cet appel pourraient intéresser les procureurs généraux des provinc | |
| 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 and to file a second factum not exceeding thirty (30) pages {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 and to file a second factum not exceeding thirty (30) pages (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 and to file a second factum not exceeding thirty (30) pages, with service | Attorney General of British Columbia |
| 1995-06-28 | Correspondence (sent by the Court) to, (by fax) of John R. Rich (Ratcliff & Company) dated June 28/95 to Danielle Beaulieu re: estimation required to hear this appeal | |
| 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 | |
| 1995-05-05 | Appeal perfected for hearing, Session beginning on 1995-10-02 | |
| 1995-04-04 | Supplemental document, (10 copies) documents, with service | Alliance of Tribal Councils (The 'Alliance') |
| 1995-03-31 | Intervener's factum, 24 copies, with service | Alliance of Tribal Councils (The 'Alliance') |
| 1995-03-14 | Order on miscellaneous motion, re: historical documents | |
| 1995-03-10 | Appellant's factum, 25 copies (see order dated Feb. 24/95) (service admitted to Alliance and Delgamuukw), with service | Allan Jacob Lewis |
| 1995-02-27 | Order on motion to extend time, to file the factum | |
| 1995-02-24 | Response to motion to extend time, to file the appellant's factum to March 10/95 | Her Majesty the Queen |
| 1995-02-24 |
Decision on motion to extend time, to file the factum to Mar 10/95, McL Granted, no order as to costs |
|
| 1995-02-24 | Hearing of motion to extend time, 1995-02-24, to file the factum to Mar 10/95, McL | |
| 1995-02-24 | Submission of motion to extend time, 1995-02-24, to file the factum to Mar 10/95, McL | |
| 1995-02-23 | Affidavit, to file the factum to March 10/95; Harry Arthur Slade | Allan Jacob Lewis |
| 1995-02-23 | Motion to extend time, to file the factum to March 10/95 | Allan Jacob Lewis |
| 1995-01-26 | Proof of service, of notice of motion and submission | |
| 1995-01-26 | General proceeding, 2 copies of reply to CNR documents | Allan Jacob Lewis |
| 1995-01-26 | Book of authorities, 1 copy (for the motion of Jan. 26/95) | Allan Jacob Lewis |
| 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 |
|
| 1995-01-25 | General proceeding, 2 copies of argument respecting additional documents | Allan Jacob Lewis |
| 1995-01-24 | Notice of miscellaneous motion, to file historical documents; 2 copies + 2 copies of submission, with service | Fisheries Council of British Columbia |
| 1995-01-24 | General proceeding, 2 copies of additional documents, with service | Fisheries Council of British Columbia |
| 1995-01-23 | General proceeding, 1 copy of VOL. 1 TO 3 OF DOCUMENTS OF THE APPELLANTS/RESPONDENTS FILED IN THE COURT OF APPEAL (IN SUPPORT OF THE MISC. MOTION) | Allan Jacob Lewis |
| 1995-01-23 | Affidavit, (TO FILE HISITORICAL DOCUMENTS) (Robert C. Freedman) | Allan Jacob Lewis |
| 1995-01-23 | Notice of miscellaneous motion, (TO FILE HISTORICAL DOCUMENTS) - 1 copy | Allan Jacob Lewis |
| 1995-01-20 | Affidavit, of Gillian P. Wallace (IN SUPPORT OF THE APPLICATION OF ATT. GEN. OF B.C. TO FILE HISTORICAL DOCUMENTS) 1 copy - book form - joint with 23804, with service | Her Majesty the Queen |
| 1995-01-20 | General proceeding, 2 copies of MEMORANDUM OF ATT. GEN. OF B.C. IN SUPPORT OF MOTION RESPECTING HISTORICAL DOCUMENTS - book form (joint with 23804), with service | Attorney General of British Columbia |
| 1995-01-20 | Notice of miscellaneous motion, (ADDING TO THE CASE ON APPEAL "HISTORICAL DOCUMENTS" IN A SINGLE VOLUME) - joint with 23804, with service | Attorney General of British Columbia |
| 1995-01-17 | General proceeding, to note 2 copies of CN historical documents (vol. A,B,C, & D) (joint with 23800-23804) | Canadian National Railway Company |
| 1995-01-17 | General proceeding, to note 2 copies of MEMORANDUM for the motion to file CN historical documents (joint with 23800- 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 23800- 23804), with service | Canadian National Railway Company |
| 1995-01-11 |
Decision on the motion for leave to intervene, factum is 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 is limited to 30 pages, McL | |
| 1995-01-11 | Submission of motion for leave to intervene, 1995-01-11, factum is 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 23800-1-3-4) - fax copy | |
| 1995-01-05 | Response to the motion for leave to intervene, of Ratcliff & Company (Harry A. Slade) re: Delgamuukw's application to intervene (fax copy) | Allan Jacob Lewis |
| 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 | |
| 1994-11-16 |
Decision on motion to extend time, to file case on appeal Oct 19/94, Reg Granted, no order as to costs |
|
| 1994-11-16 | Hearing of motion to extend time, 1994-11-16, to file case on appeal Oct 19/94, Reg | |
| 1994-11-16 | Submission of motion to extend time, 1994-11-16, to file case on appeal Oct 19/94, Reg | |
| 1994-11-16 |
Decision on motion to extend time, to file case on appeal to Oct. 19/94, Reg Granted, no order as to costs |
|
| 1994-11-16 | Hearing of motion to extend time, 1994-11-16, to file case on appeal to Oct. 19/94, Reg | |
| 1994-11-16 | Submission of motion to extend time, 1994-11-16, to file case on appeal to Oct. 19/94, Reg | |
| 1994-11-09 | Response to motion to extend time, to serve and file the Case on appeal to Oct. 19/94 | Her Majesty the Queen |
| 1994-11-09 | Affidavit, to serve and file the Case on Appeal; Eduard J. Van Bemmel | Allan Jacob Lewis |
| 1994-11-09 | Motion to extend time, to serve and file the Case on Appeal | Allan Jacob Lewis |
| 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 |
| 1994-11-03 | Certified casebook, vol. I to VI | Allan Jacob Lewis |
| 1994-10-31 | Order on motion for leave to intervene | |
| 1994-10-18 | Case on appeal, vol. 1 to 6 (22 copies) EXTENSION OF TIME REQUESTED | Allan Jacob Lewis |
| 1994-10-03 |
Decision on the motion for leave to intervene, (heard jointly with I05) (for reasons see file), McL Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion for leave to intervene, 1994-10-03, (heard jointly with I05) (for reasons see file), McL | |
| 1994-10-03 | Submission of motion for leave to intervene, 1994-10-03, (heard jointly with I05) (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 | |
| 1994-10-03 |
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 | General proceeding, 2 copies of First Nations Summit submissions on the intervention | |
| 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 |
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 |
|
| 1994-08-15 | Affidavit, of Brenda Gaertner (2 copies - joint with 23804) (re: to file the motion to intervene), with service | Alliance of Tribal Councils (The 'Alliance') |
| 1994-08-15 | Affidavit, of Brenda Gaertner (2 copies - joint with 23804), with service | Alliance of Tribal Councils (The 'Alliance') |
| 1994-08-15 | Motion to extend time, to file the motion to intervene to Aug. 15/94 (2 copies) (joint with 23804), with service | Alliance of Tribal Councils (The 'Alliance') |
| 1994-08-15 | Motion for leave to intervene, (2 copies) (joint with 23804), with service | Alliance of Tribal Councils (The 'Alliance') |
| 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 23800-01-03-04) | |
| 1994-07-06 | Proof of service, of Notice of Intervention | |
| 1994-06-07 | Affidavit, (of Phillip Ivar Eidsvik) (joint with 23800-1-3-4), with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1994-06-07 | Motion for leave to intervene, (joint with 23800-1-3-4), with service | B.C. Fisheries Survival Coalition & B.C. Wildlife Federation |
| 1994-06-06 | Affidavit, Gillian P. Wallace, with service | Fisheries Council of British Columbia |
| 1994-06-06 | Motion for leave to intervene, With service | Fisheries Council of British Columbia |
| 1994-06-01 | Affidavit, for an order that this appeal be heard with Nikal v. R. 23804; T.A. Dohm, Q.C., with service | Her Majesty the Queen |
| 1994-06-01 | Notice of miscellaneous motion, for an Order that this appeal be heard at the same time as Jerry Benjamin Nikal v. R. 23804, 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 23800-1-3-4), with service | Fisheries Council of British Columbia |
| 1994-05-26 | Affidavit, of Michael Hunter (JOINT WITH 23800-1-3-4) - 2 copies, with service | Fisheries Council of British Columbia |
| 1994-05-26 | Motion for leave to intervene, 2 copies (JOINT WITH 23800-1-3-4), with service | Fisheries Council of British Columbia |
| 1994-05-11 | Order granting leave to appeal | |
| 1994-04-08 | Notice of appeal, (1 copy), with service | Allan Jacob Lewis |
| 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 forleave 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 | |
| 1993-11-16 | Response to motion to extend time, to file a response to Dec.31/93 (Exhibit "E" to the affidavit) | Allan Jacob Lewis |
| 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 23799-23800-23801-23803-23804 | |
| 1993-10-29 | Book of authorities, 5 copies | Allan Jacob Lewis |
| 1993-10-22 | $30.00 filing fee, receipt #27736 | Allan Jacob Lewis |
| 1993-10-22 | Application for leave to appeal, 5 copies (missing formal order of C.A.), with service, Completed on: 1994-01-25 | Allan Jacob Lewis |
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 |
|---|---|---|
| Lewis, Allan Jacob | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Lewis, Allan Frances | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Lewis, Jacob Kenneth | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian National Railway Company | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| B.C. Fisheries Survival Coalition & B.C. Wildlife Federation | Intervener | Active |
| Alliance of Tribal Councils (The 'Alliance') | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Lewis, Allan Jacob
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: Lewis, Allan Frances
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: Lewis, Jacob Kenneth
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: 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: 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: Alliance of Tribal Councils (The 'Alliance')
Counsel
Suite 500
1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Alberta
Counsel
3400 - 707, 8TH AVE SW
CALGARY, Alberta
T2P 1H5
Telephone: (403) 294-7000
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
County Court of British Columbia
CC881985
see file
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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