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23804

Jerry Benjamin Nikal v. Her Majesty the Queen in Right of Canada

(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)
1996-12-02 Correspondence (sent by the Court) to, from Henry S. Brown, Q.C.; re: the parties have settled the taxation 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 that 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, (McLachlin, 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, (McLachlin, 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, (McLachlin, J.) pursuant to rule 55. (see file)
1996-10-17 Proof of service, by Scott & Aylen to the reply to the objection re: taxation (letter form - joint with 23801-3)
1996-10-15 General proceeding, reply for review of taxation Jerry Benjamin Nikal
1996-09-27 Appeal closed
1996-09-24 General proceeding, 3 copies of REPLY TO THE OBJECTION TO THE TAXATION OF COSTS (joint with 23801-803), with service B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1996-09-10 Objection to the taxation of the bill of costs, 3 copies bookform (joint with 23801-803), with service, Completed on: 1996-09-10 Jerry Benjamin Nikal
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 23801-803)
1996-07-19 Decision on the bill of costs, at $1,591.28 from the failure of the interveners B.C. Fisheries survival Coalition and B.C. Wildlife Federation to serve their factum on time
1996-07-04 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
1996-06-18 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
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, Fraser & Beatty
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, Fraser & Beatty (Ottawa, ON)
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
1996-04-26 Correspondence (sent by the Court) to, (by fax) from S. David Frankel, Q.C.; re: error in the judgment (last word in para. 90 should read appellant) sent to CJ LaF L'HD So G Co McL I Ma, May 2/96
1996-04-25 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the order of the Court of Appeal of British Columbia convicting the appellant is set aside and his acquittal restored without costs to either party, L'Heureux-Dubé and McLachlin JJ. dissenting. (for answers to constitutional questions, see file)
Allowed, 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
1996-02-29 Correspondence (sent by the Court) to, (by fax) from Peter R. Grant dated Feb. 28/96 addressed to S. David Frankel, Q.C. sent to CJ LaF L'HD So G Co McL I Ma, Mar 20/96
1996-02-20 Correspondence (sent by the Court) to, from Peter R. Grant; re: responding to Mr. Frankel's letter regarding the rendering of the judgment sent to CJ LaF L'HD So G Co McL I Ma, Mar 20/96
1996-02-07 Correspondence (sent by the Court) to, from S. David Frankel; re: when rendering the decision to take into account to salmon fishing season (beginning of May to end of Sept.)
1995-12-15 General proceeding, transcript received and distributed to the justices (162 pages)
1995-12-15 Reply factum on appeal, MEMORANDUM ON COSTS 10 copies sent to CJ LaF L'HD So G Co McL I Ma, Dec 18/95 Jerry Benjamin Nikal
1995-11-30 Hearing of the appeal, 1995-11-30, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1995-11-30 General proceeding, 3 MAPS TO BE RETURNED TO MR. FRANKEL Her Majesty the Queen in Right of Canada
1995-11-30 Book of authorities, 10 copies of BRIEF OF AUTHORITIES (joint with 23800-801-803) Fisheries Council of British Columbia
1995-11-30 Book of authorities, 10 copies Alliance of Tribal Councils (The 'Alliance')
1995-11-29 General proceeding, 24 copies of respondent's memorandum as to costs joint with 23800 23801 23803, sent to CJ LaF L'HD So G Co McL I Ma, Dec 1/95, with service Her Majesty the Queen in Right of Canada
1995-11-29 General proceeding, 10 copies of condensed book of excerpts Attorney General of Alberta
1995-11-29 Book of authorities, 10 copies of condensed extracts and authorities. Jerry Benjamin Nikal
1995-11-28 Book of authorities, 10 copies of BOOK OF EXTRACTS (joint with 23800- 801-803) Delgamuukw et al
1995-11-27 Book of authorities, 10 copies of BOOK OF AUTHORITIES VOL. 3 Jerry Benjamin Nikal
1995-11-24 Proof of service, of the Book of Authorities (joint with 23801)
1995-11-24 Book of authorities, CONDENSED BRIEF... 10 copies (joint with 23800-01- 02-03) B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1995-11-24 Book of authorities, 10 copies of vol. I & II Jerry Benjamin Nikal
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) Jerry Benjamin Nikal
1995-11-24 Proof of service, of notice of withdrawal upon the Crown
1995-11-23 Book of authorities, 10 copies (joint with 23800-23801-23802) Attorney General of British Columbia
1995-11-21 Book of authorities, 10 copies (joint 23800-01-02-03), with service Her Majesty the Queen in Right of Canada
1995-11-21 Correspondence (sent by the Court) to, of Patricia J. Wilson to advise the Court that Mr. Patrick G. Foy will be lead counsel at the hearing and not Mr. Chaisson
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, (by fax) of Peter R. Grant re: admissibility of C.N.R.'s Historical Documents
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 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 extend time, McL, to serve their 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 Notice of withdrawal, (Joint with Jones, Gardner, Pitchense & Gardner), with service Howard Pamajewon
1995-11-16 Book of authorities, 10 copies (JOINT WITH 23801) Attorney General of Alberta
1995-11-16 Proof of service, of intervener's authorities
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 in Right of Canada
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 in Right of Canada
1995-11-14 Notice of miscellaneous motion, to file a memorandum as to Costs, with service Her Majesty the Queen in Right of Canada
1995-11-14 Affidavit, the factum of the intervener B.C. Fisheries Survival Coalition (of David R. Paterson), with service Jerry Benjamin Nikal
1995-11-14 $50.00 filing fee for notice of motion, to strike out receipt #31060 Jerry Benjamin Nikal
1995-11-14 Motion to strike out, the factum of the intervener B.C. Fisheries Survival Coalition, with service Jerry Benjamin Nikal
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 heard by McL be made available for all members of the Court (see memorandum of the intervener), with service
1995-11-10 Correspondence (sent by the Court) to, sent to all parties in view of the extensive material filed in this case there is a requirement to file a condensed book containing the excerpts of the evidence and authorities that will be referred to in oral argument at the hearing also attaching a noti
1995-11-10 General proceeding, to note 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 Christopher Harvey, Q.C. dated Nov. 8, 1995 re: time allocations
1995-11-08 Correspondence (sent by the Court) to, (by fax) from Stuart Rush; re: proposed allocation (original filed Nov. 14/95)
1995-11-08 Correspondence (sent by the Court) to, (by fax) from Robert J. Normey; 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. Keith Lowes; re: content with the proposed allocation of time
1995-11-08 Correspondence (sent by the Court) to, (by fax) of Peter R. Grant dated Nov. 8/95 re: time allocation
1995-11-07 Proof of service, of Notice of Withdrawal
1995-11-06 Notice of withdrawal Attorney General of Quebec
1995-11-03 Correspondence (sent by the Court) to, (by fax) from Peter R. Grant; re: responding to Mr. Braker and Mr. Frankel's letters
1995-10-31 Notice of withdrawal, With service Attorney General of Saskatchewan
1995-10-31 Reply factum on appeal, 24 copies, with service Jerry Benjamin Nikal
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
1995-10-20 Intervener's factum, 24 copies (UNDER RULE 18) - see order dated Oct. 4/95), with service Attorney General of Alberta
1995-10-05 Order on motion to file a lengthy factum
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
1995-10-04 Decision on motion to file a lengthy factum, (49 page factum), McL
Granted, no order as to costs
1995-10-04 Hearing of motion to file a lengthy factum, 1995-10-04, (49 page factum), McL
1995-10-04 Submission of motion to file a lengthy factum, 1995-10-04, (49 page factum), 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
1995-10-02 Proof of service, of Notice of Withdrawal, with service
1995-09-29 Motion to file a lengthy factum, of 49 pages, with service Her Majesty the Queen in Right of Canada
1995-09-29 Notice of withdrawal, (fax copy) Attorney General for Ontario
1995-09-25 Appeal hearing scheduled, 1995-11-30
Decision reserved
1995-09-22 Order on motion for leave to intervene
1995-09-22 Order on motion for leave to intervene
1995-09-22 Order on motion for leave to intervene
1995-09-22 Order on motion for leave to intervene
1995-09-22 Order on motion for leave to intervene
1995-09-22 Order on miscellaneous motion, to file 10 copies of Historical Documents
1995-09-22 Decision on miscellaneous motion, to file 10 copies of Historical Documents, Reg
Granted, no order as to costs
1995-09-22 Hearing of miscellaneous motion, 1995-09-22, to file 10 copies of Historical Documents, Reg
1995-09-22 Submission of miscellaneous motion, 1995-09-22, to file 10 copies of Historical Documents, Reg
1995-09-21 Response to the motion for leave to intervene, of Attorney General of Alberta Her Majesty the Queen in Right of Canada
1995-09-21 Response to miscellaneous motion, permitting the CNR to file a total of 10 copies of "historical documents" Her Majesty the Queen in Right of Canada
1995-09-21 Notice of withdrawal, With service Attorney General of Newfoundland
1995-09-20 Proof of service, of the intervener factum upon the interveners Pamajewon et al
1995-09-19 $50.00 filing fee for notice of motion, receipt no. 30656 (motion filed on Sept. 15/95) (joint with 23802) Attorney General of Alberta
1995-09-15 Intervener's factum, 24 copies, with service B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1995-09-15 Intervener's factum, 24 copies, with service Fisheries Council of British Columbia
1995-09-15 Intervener's factum, 24 copies, with service Canadian National Railway Company
1995-09-15 Intervener's factum, 24 copies (RE: CONSTITUTIONAL QUESTIONS [RULE 32]), with service Attorney General of Alberta
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 23800-23802), with service Canadian National Railway Company
1995-09-15 General proceeding, 10 copies of "Historical documents" (joint with 23800-23802) 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 23802), with service Attorney General of Alberta
1995-09-15 Motion for leave to intervene, 4 copies (book form - joint with 23802) UNDER RULE 18 (extension of time requested), with service Attorney General of Alberta
1995-09-14 General proceeding, 23 copies of Appendix "A" (joint with 23800-1-2), with service Attorney General of British Columbia
1995-09-14 Intervener's factum, 24 copies (joint with 23800-1-2), 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 fisheries's 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 Correspondence (sent by the Court) to, from Marvin Storrow to D. Frankel, letter dated Aug. 23/95 re: opposes to the motion to file a lenghty factum
1995-08-30 Affidavit, of David Frankel (joint with 23801) - 2 copies, with service Her Majesty the Queen in Right of Canada
1995-08-30 Motion to file a lengthy factum, 2 copies (joint with 23801) Her Majesty the Queen in Right of Canada
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 Jerry Benjamin Nikal
1995-08-23 Proof of service, of the motion to extend time for leave to intervene and for leave to intervene (joint with 23800-01-03)
1995-08-23 Proof of service, of the affidavit of Arthur Pape (for leave to intervene (joint with 23800-01-03)
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 in Right of Canada
1995-08-15 Order on motion to file a lengthy factum
1995-08-11 Affidavit, of Arthur Pape re: motion to intervene (joint with 23800-1-3) Howard Pamajewon
1995-08-11 Affidavit, of Arthur Pape (joint with 23800-1-3) Howard Pamajewon
1995-08-11 Motion to extend time, to file the motion to intervene - joint with 23800-1-3) Howard Pamajewon
1995-08-11 Motion for leave to intervene, (joint with 23800-1-3) 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 (23800-23801-23802), 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 (23800-23801-23802), 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 (23800-23801-23802), 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: opposes 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 23800-1-2)
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 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 on 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
1995-07-05 Affidavit, (by fax) of David Paterson to oppose the motion to extend time for the respondent to file her factum (original received on July 10, 1995) Jerry Benjamin Nikal
1995-06-26 Affidavit, the schedule for the filing of facta; 7 copies; Cheryl J. Tobias, with service Her Majesty the Queen in Right of Canada
1995-06-26 Motion to amend, the schedule for the filing of facta; 7 copies, with service Her Majesty the Queen in Right of Canada
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
1995-04-27 Appeal perfected for hearing, Session beginning on 1995-10-02
1995-04-25 Order on motion to extend time, to file the factum to April 4/95
1995-04-25 Decision on motion to extend time, to file the factum to April 4/95, Reg
Granted, no order as to costs
1995-04-25 Hearing of motion to extend time, 1995-04-25, to file the factum to April 4/95, Reg
1995-04-25 Submission of motion to extend time, 1995-04-25, to file the factum to April 4/95, Reg
1995-04-13 $50.00 filing fee for notice of motion, to extend time receipt #22385 Alliance of Tribal Councils (The 'Alliance')
1995-04-12 Response to motion to extend time, to file the Alliance of Tribal Councils factum Her Majesty the Queen in Right of Canada
1995-04-12 Affidavit, to file the intervener factum to April 4/95 (of Arthur Pape) Alliance of Tribal Councils (The 'Alliance')
1995-04-12 Motion to extend time, to file the intervener factum to April 4/95 Alliance of Tribal Councils (The 'Alliance')
1995-04-04 Intervener's factum, 24 copies (extension of time requested), with service Alliance of Tribal Councils (The 'Alliance')
1995-03-31 Intervener's factum, 24 copies (joint with 23800-801-803), with service Delgamuukw et al
1995-03-31 Proof of service, of the Att. Gen. for Ontario's factum (served to The Fisheries Council of B.C.)
1995-03-30 Intervener's factum, 24 copies (see order of McL) P.S. NOTICE OF WITHDRAWAL RECEIVED ON SEPT. 21/95 AND FACTUM RETURNED TO BURKE-ROBERTSON ON SEPT. 21/95), with service Attorney General for Ontario
1995-03-14 Order on miscellaneous motion, re: historical documents
1995-03-02 Appellant's factum, 24 copies, with service Jerry Benjamin Nikal
1995-03-01 Correspondence (sent by the Court) to, (by fax) of Peter R. Grant (Hutchins, Soroka) dated Feb. 28/95 to advise the Court that his factum will be 1 or 2 days late.
1995-01-26 Proof of service, of Notice of motion and submission
1995-01-26 General proceeding, 2 copies of submission to the applications to file additional evidence by the intervenors Jerry Benjamin Nikal
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 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
1995-01-20 Affidavit, of Gillian P. Wallace (IN SUPPORT OF THE APPLICATION OF THE ATT. GEN. OF B.C. TO FILE HISTORICAL DOCUMENTS) - 1 copy - book form - joint with 23802, with service Her Majesty the Queen in Right of Canada
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 23802), 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 23802, with service Attorney General of British Columbia
1995-01-19 Certified casebook, vol. I to XIV plus General Index Jerry Benjamin Nikal
1995-01-17 General proceeding, to note 2 copies of CN historical documents (vol. A,B,C & D) (joint with 23800-23802) 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- 23802), with service Canadian National Railway Company
1995-01-17 Affidavit, to file CN historical documents (of Katherine Ann Duncan), with service Canadian National Railway Company
1995-01-17 Notice of miscellaneous motion, to file the CN historical documents (joint with 23800-23802), with service Canadian National Railway Company
1995-01-11 Decision on the motion for leave to intervene, factum limited to 30 pages, McL
Granted, no order as to costs
1995-01-11 Hearing of motion for leave to intervene, 1995-01-11, factum limited to 30 pages, McL
1995-01-11 Submission of motion for leave to intervene, 1995-01-11, factum limited to 30 pages, McL
1995-01-10 Order on miscellaneous motion, order of McL J. re: filing dates
1995-01-05 Correspondence (sent by the Court) to, from I. G. Whitehall re: not opposing the Delgamuukw's application to intervene (joint with 23800-1-2-3) - fax copy
1995-01-05 Appeal court record, 1 envelope
1994-12-13 Case on appeal, 23 copies of vol. I to XIV (extension of time requested) Jerry Benjamin Nikal
1994-12-02 Correspondence (sent by the Court) to, from Gowling; re: agreed schedule for filings
1994-11-30 Correspondence (sent by the Court) to, from Gowling; re: proposed schedule for filings
1994-11-17 Response to the motion for leave to intervene, of Peter R. Grant to the intervention by Delgamuuk et al (fax copy) (ORIGINAL RECEIVED ON NOV. 25/94) Jerry Benjamin Nikal
1994-11-14 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
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 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General of British Columbia
1994-10-31 Order on motion for leave to intervene
1994-10-13 Notice of constitutional question(s), With service Jerry Benjamin Nikal
1994-10-07 Order on motion to state a constitutional question
1994-10-03 Decision on the motion for leave to intervene, (for reasons see file), McL
Granted, no order as to costs
1994-10-03 Hearing of motion for leave to intervene, 1994-10-03, (for reasons see file), McL
1994-10-03 Submission of motion for leave to intervene, 1994-10-03, (for reasons see file), McL
1994-10-03 Decision on the motion for leave to intervene, (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
1994-09-30 General proceeding, 2 copies of submission on the intervention applications Jerry Benjamin Nikal
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 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 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 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 to be filed by Nov. 14/94 (for questions see file), CJ
1994-08-15 Affidavit, of Brenda Gaertner (2 copies - joint with 23802) (re: motion to intervene), with service Alliance of Tribal Councils (The 'Alliance')
1994-08-15 Affidavit, of Brenda Gaertner (2 copies - joint with 23802), 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 23802), with service Alliance of Tribal Councils (The 'Alliance')
1994-08-15 Motion for leave to intervene, 2 copies (joint with 23802), 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 23800-01-02-03)
1994-07-06 Proof of service, of Notice of Intervention
1994-06-22 Correspondence (sent by the Court) to, from Peter R. Grant to M. Larmour re: the appellant opposes leave being granted to the Canadian National Railway Co. or the B.C. Fisheries Survival Coalition (fax copy) (original filed June 28/94)
1994-06-07 Affidavit, (of Phillip Ivar Eidsvik) (joint with 23800-1-2-3), with service B.C. Fisheries Survival Coalition & B.C. Wildlife Federation
1994-06-07 Motion for leave to intervene, (joint with 23800-1-2-3), 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 in Right of Canada
1994-06-01 Motion to state a constitutional question, With service Her Majesty the Queen in Right of Canada
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 OF COUNCIL OF B.C. ON ITS APPLICATION FOR LEAVE TO INTERVENE (joint with 23800-1-2-3), with service Fisheries Council of British Columbia
1994-05-26 Affidavit, of Michael Hunter (JOINT WITH 23800-1-2-3) - 2 copies, with service Fisheries Council of British Columbia
1994-05-26 Motion for leave to intervene, 2 copies (JOINT WITH 23800-1-2-3), with service Fisheries Council of British Columbia
1994-04-08 Notice of appeal, (1 copy), with service Jerry Benjamin Nikal
1994-04-08 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: no intention to file a respondent's momorandum (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) Her Majesty the Queen in Right of Canada
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 "F" to the affidavit) Jerry Benjamin Nikal
1993-11-16 Affidavit, to file a response to Dec.31/93, with service Her Majesty the Queen in Right of Canada
1993-11-16 Motion to extend time, to file a response to Dec.31/93, with service Her Majesty the Queen in Right of Canada
1993-11-04 General proceeding, TO BE REFERRED WITH 23799-23800-23801-23802-23804
1993-10-25 General proceeding, 5 copies of Court of Appeal Judgment Jerry Benjamin Nikal
1993-10-25 $30.00 filing fee, receipt #27747 Jerry Benjamin Nikal
1993-10-25 Application for leave to appeal, 5 copies (missing proof of service; formal trial court order), Completed on: 1994-01-25 Jerry Benjamin Nikal

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
Nikal, Jerry Benjamin Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada Respondent Active

Other parties

Other parties
Name Role Status
Canadian National Railway Company Intervener Active
Fisheries Council of British Columbia Intervener Active
Attorney General of British Columbia Intervener Active
B.C. Fisheries Survival Coalition & B.C. Wildlife Federation Intervener Active
Alliance of Tribal Councils (The 'Alliance') Intervener Active
Delgamuukw et al Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Nikal, Jerry Benjamin

Counsel
Name
Peter R. Grant
Contact information
Hutchins, Soroka, Grant
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
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 in Right of Canada

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
Robert J. Frater
Contact information
Attorney General of Canada
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
Name
Patrick G. Foy, Q.C.
Contact information
Ladner Downs
200 Burrard St
Suite 1200
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Fisheries Council of British Columbia

Counsel
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: Alliance of Tribal Councils (The 'Alliance')

Counsel
Name
Leslie J. Pinder
Contact information
Mandell Pinder
Suite 500
1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
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
Everett L. Bunnell, Q.C.
Contact information
Parlee McLaws
3400 - 707, 8TH AVE SW
CALGARY, Alberta
T2P 1H5
Telephone: (403) 294-7000
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

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

October 16, 1990
Supreme Court of British Columbia

x

appeal dismissed

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

CA 013216

appeal allowed

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.

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Webcasts

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Date modified: 2025-05-13