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25427

Minister of Finance for the Province of New Brunswick, et al. v. Union of New Brunswick Indians, et al.

(New Brunswick) (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)
1998-08-13 Appeal closed
1998-08-13 Record returned to the Registrar of the Court of Appeal, 1 folder
1998-06-26 Copy of formal judgment being prepared, all parties
1998-06-25 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1998-06-18 Judgment on the appeal rendered, CJ G Co McL Ia Ma Bi, The appeal is allowed and the order of the New Brunswick Court of Appeal is set aside, Gonthier and Binnie JJ. dissenting. (for answer to constitutional question, see file)
Allowed, no order as to costs
1998-06-18 Notice of deposit of judgment sent to all parties, all parties
1998-04-06 General proceeding, transcripts received and distributed to the judges (108 pages)
1998-03-25 Hearing of the appeal, 1998-03-25, CJ G Co McL Ia Ma Bi
Decision reserved
1998-03-23 Proof of service, of the condensed book of authorities (book form), with service
1998-03-23 Notice of appearance, (P. John Landry and Lewis F. Harvey (fax copy) Union of New Brunswick Indians
1998-03-20 General proceeding, 12 copies of CONDENSED BOOK OF AUTHORITIES Attorney General of Alberta
1998-03-20 Correspondence (sent by the Court) to, from Gowling re: duration of argument
1998-03-20 Correspondence (sent by the Court) to, from Robert Houston to Registrar, letter dated March 19, 1998 re: A.G. B.C. intends to participate in this appeal pursuant to Rule 18 only
1998-03-20 Notice of withdrawal, (UNDER RULE 32 ONLY), with service Attorney General of British Columbia
1998-03-19 Supplemental document, 24 copies of RESPONDENT'S SUPPLEMENT FACTUM ON MOOTNESS AND CONSTITUTIONAL QUESTION Union of New Brunswick Indians
1998-03-17 Supplemental document, FACTUM of the intervener on the Issue of Mootness and the Constitutional Question 24 copies, with service Grand Council of the Crees (EEyou Estchee)
1998-03-10 Supplemental document, FACTUM of the intervener on the issues of Mootness and the Constitutional Questions 24 copies, with service Attorney General of Canada
1998-02-09 Notice of withdrawal Attorney General of Newfoundland
1998-02-04 Supplemental document, FACTUM OF THE APPELLANTS on the Issues of Mootness and the Constitutional Question 25 copies, with service Minister of Finance for the Province of New Brunswick
1998-01-21 Notice of hearing, (commencing Monday, 19th day of January 1998), with service Minister of Finance for the Province of New Brunswick
1998-01-14 Appeal hearing
1998-01-05 Notice of intervention respecting a constitutional question, (as per CJ's order dated Dec. 2, 1997), with service Attorney General of British Columbia
1998-01-05 Notice of intervention respecting a constitutional question, With service Attorney General of Newfoundland
1997-12-17 Correspondence (sent by the Court) to, from Robert Normey to A. Roland, letter dated Dec. 16, 1997 (fax copy) re: has already intervened under rule 18 and assume that they do nothing further
1997-12-05 Notice of constitutional question(s) Minister of Finance for the Province of New Brunswick
1997-12-04 Order on motion to state a constitutional question
1997-12-03 Proof of service, of factums
1997-12-02 Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than Jan. 5/ 97, CJ
Granted, no order as to costs
1997-12-02 Hearing of the motion to state a constitutional question, 1997-12-02, (for questions see file). Notices of intention to intervene are to be filed no later than Jan. 5/ 97, CJ
1997-12-02 Submission of motion to state a constitutional question, 1997-12-02, (for questions see file). Notices of intention to intervene are to be filed no later than Jan. 5/ 97, CJ
1997-11-25 Correspondence (sent by the Court) to, (by fax) dated Nov. 24/97 from Chris McCormick (Association of Iroquois and Allied Indians) being a copy of a letter to Anne McLellan Minister of Justice
1997-11-24 Appeal perfected for hearing, Session beginning on 1998-01-19
1997-11-21 Correspondence (sent by the Court) to, (by fax) dated Nov. 21/97 from Bruce Judah re: mootness, new legislation and constitutional question
1997-11-10 Correspondence (sent by the Court) to, sent to Dept. of Justice of New Brunswick (Fredericton, NB) advising that case is traversed to next session and that Court should like to hear from you at the hearing on the matters of mootness and new legislation also reminded of requirements of Rule 32
1997-11-10 Correspondence (sent by the Court) to, sent to Davis & Company (Vancouver, BC) advising that case is traversed to next session and that Court should like to hear from you at the hearing on the matters of mootness and new legislation also reminded of requirements of Rule 32 by A. Roland (SENT B
1997-11-10 Correspondence (sent by the Court) to, from A. Roland to Davis & Co. and Dept. of Justice re: this case is traversed to the next session
1997-11-05 Notice of appearance, (John Hurley)(original received on Nov. 10, 1997) Grand Council of the Crees (EEyou Estchee)
1997-11-05 Correspondence (sent by the Court) to, from Gowling (duration of argument)
1997-11-05 Notice of appearance, (P. John Landry) - fax copy Union of New Brunswick Indians
1997-11-04 Notice of appearance, of John R. Powers, Q.C. and Sandra E. Phillips at the hearing Attorney General of Canada
1997-11-04 Book of authorities, 10 copies, with service, Completed on: 1997-11-04 Attorney General of Canada
1997-10-30 Book of authorities, 10 copies, with service, Completed on: 1997-10-30 Grand Council of the Crees (EEyou Estchee)
1997-10-29 Book of authorities, 10 copies, Completed on: 1997-10-29 Attorney General of British Columbia
1997-10-27 Book of authorities, 10 copies, Completed on: 1997-10-27 Union of New Brunswick Indians
1997-10-23 Book of authorities, 10 copies, with service, Completed on: 1997-10-23 Attorney General of Alberta
1997-10-23 Book of authorities, 10 copies, with service, Completed on: 1997-10-23 Attorney General of Manitoba
1997-10-20 Book of authorities, 10 copies, with service, Completed on: 1997-10-20 Minister of Finance for the Province of New Brunswick
1997-10-01 Notice of withdrawal, With service Federation of Saskatchewan Indian Nations
1997-09-25 Notice of hearing, With service Minister of Finance for the Province of New Brunswick
1997-09-22 Appeal hearing scheduled, 1998-03-25
Decision reserved
1997-09-05 Proof of service, of the intervener's factum (book form)
1997-09-03 Correspondence (sent by the Court) to, from John Hurley to Registrar re: enclosing 24 new copies of factum with corrections (service required - see July 15, 1997)
1997-07-16 Intervener's factum, 24 copies (see order dated June 17, 1997), with service, Completed on: 1997-07-16 Attorney General of Canada
1997-07-16 Proof of service, of the intervener's factum
1997-07-15 Intervener's factum, 24 copies (joint with I02-03-04-05) (24 copies with corrections received on Sept. 3, 1997 - service required), with service, Completed on: 1997-07-15 Grand Council of the Crees (EEyou Estchee)
1997-07-15 Intervener's factum, 24 copies, with service, Completed on: 1997-07-15 Attorney General of British Columbia
1997-07-15 Intervener's factum, 24 copies, with service, Completed on: 1997-07-15 Attorney General of Manitoba
1997-07-14 Intervener's factum, 24 copies, with service, Completed on: 1997-07-14 Attorney General of Alberta
1997-07-11 Correspondence (sent by the Court) to, from P. Wilson of Osler, Hoskin to D. Beaulieu, letter dated July 11, 1997 (fax copy) re: requesting that this appeal be heard on consecutive days or at the same week that the appeal in 25381 (Fontaine v. Ins. Corp. of B.C.)
1997-06-17 Correspondence (sent by the Court) to, (by fax) from Gowlings; re: extension of time to file the intervener's factum to Sept. 1/97
1997-06-17 Decision on motion to extend time, to intervene, McL
Granted, no order as to costs
1997-06-17 Hearing of motion to extend time, 1997-06-17, to intervene, McL
1997-06-17 Submission of motion to extend time, 1997-06-17, to intervene, McL
1997-06-17 Decision on the motion for leave to intervene, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
Granted, no order as to costs
1997-06-17 Hearing of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Submission of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Decision on the motion for leave to intervene, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
Granted, no order as to costs
1997-06-17 Hearing of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Submission of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Decision on the motion for leave to intervene, - factum is limited to 20 pages and oral argument to 15 minutes, factum is to be filed 4 weeks from the date of this order, McL
Granted, no order as to costs
1997-06-17 Hearing of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum is to be filed 4 weeks from the date of this order, McL
1997-06-17 Submission of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum is to be filed 4 weeks from the date of this order, McL
1997-06-17 Decision on the motion for leave to intervene, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
Granted, no order as to costs
1997-06-17 Hearing of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Submission of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Decision on the motion for leave to intervene, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
Granted, no order as to costs
1997-06-17 Hearing of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Submission of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order, McL
1997-06-17 Decision on the motion for leave to intervene, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order also on behalf of I02 I03 I04 I05, McL
Granted, no order as to costs
1997-06-17 Hearing of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order also on behalf of I02 I03 I04 I05, McL
1997-06-17 Submission of motion for leave to intervene, 1997-06-17, - factum is limited to 20 pages and oral argument to 15 minutes, factum to be filed 4 weeks from the date of this order also on behalf of I02 I03 I04 I05, McL
1997-06-10 Respondent's factum, 24 copies, Completed on: 1997-06-10 Union of New Brunswick Indians
1997-05-09 Response to the motion for leave to intervene, (Gowling, Strathy) (joint), Completed on: 1997-05-09 Attorney General of Manitoba
1997-05-09 Affidavit, (Stanley J. Puchniak) - 2 copies, with service Attorney General of Manitoba
1997-05-09 $50.00 filing fee for notice of motion, receipt no. 34096 Attorney General of Manitoba
1997-05-09 Motion for additional time to present oral argument, (to 20 minutes) (joint), with service, Completed on: 1997-05-09 Attorney General of Manitoba
1997-05-09 Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1997-05-09 Attorney General of Manitoba
1997-05-09 Motion for leave to intervene, (joint with motions to extend the time and additional time for oral argument) - 2 copies, with service, Completed on: 1997-05-09 Attorney General of Manitoba
1997-04-29 Correspondence (sent by the Court) to, from Larry Taman addressed to Paul LeBreton; re: reviewing the decision to decide whether Ontario will seek leave to intervene
1997-04-23 Response to the motion for leave to intervene, of A.G. B.C. (letterform from Gowlings), Completed on: 1997-04-23 Minister of Finance for the Province of New Brunswick
1997-04-18 Affidavit, (of Greg A. Reimer), with service Attorney General of British Columbia
1997-04-18 Affidavit, for leave to intervene (of Greg A. Reimer), with service Attorney General of British Columbia
1997-04-18 $50.00 filing fee for notice of motion, to intervene receipt #33972 Attorney General of British Columbia
1997-04-18 Motion to extend time, for leave to intervene 2 copies (bookform), with service, Completed on: 1997-04-18 Attorney General of British Columbia
1997-04-18 Motion for leave to intervene, 2 copies (bookform), with service, Completed on: 1997-04-18 Attorney General of British Columbia
1997-04-15 Appellant's factum, 24 copies, with service, Completed on: 1997-04-15 Minister of Finance for the Province of New Brunswick
1997-04-09 Affidavit, to file the motion to intervene on March 20, 1997 (Daniel Bellegarde) - 2 copies - book form, with service Federation of Saskatchewan Indian Nations
1997-04-09 Motion to extend time, to file the motion to intervene on March 20, 1997 (2 copies - book form) $50.00 requested, with service, Completed on: 1997-04-09 Federation of Saskatchewan Indian Nations
1997-04-02 Correspondence (sent by the Court) to, from Bruce Judah, letter dated April 2, 1997 (fax copy) re: the intervener, Federation of Sask. Indian Nations, overstepped the bounds of Rule 18 by seeking to introduce an issue not raised before the courts below (Original filed Apr. 8/97)
1997-03-25 Correspondence (sent by the Court) to, dated March 25/97 from John R. Power, Q.C. in response to John Landry's letter of March 3rd, 1997 re: conditional intervention of the A.G. of Canada
1997-03-21 $50.00 filing fee for notice of motion, receipt no. 33800 Federation of Saskatchewan Indian Nations
1997-03-20 Appeal court record, (1 folder)
1997-03-20 Affidavit, of Blaine C. Favel (book form), with service Federation of Saskatchewan Indian Nations
1997-03-20 Motion for leave to intervene, 3 copies - book form ($50.00 and extension requested), with service, Completed on: 1997-03-20 Federation of Saskatchewan Indian Nations
1997-03-14 Certified casebook, With service Minister of Finance for the Province of New Brunswick
1997-03-10 Case on appeal, 23 copies Minister of Finance for the Province of New Brunswick
1997-03-03 Correspondence (sent by the Court) to, (by fax) dated March 3/97 from P. John Landry to advise the Court that his clients take NO POSITION with respect to the intervention of the Grand Council of the Crees and request that the Attorney General of Canada BE GRANTED intervention on the condition
1997-02-28 Response to the motion for leave to intervene, of Henry Brown for intervention by A. G. Alberta, Completed on: 1997-02-28 Minister of Finance for the Province of New Brunswick
1997-02-28 Affidavit, of Lukes Huisman (2 copies), with service Attorney General of Alberta
1997-02-28 $50.00 filing fee for notice of motion, receipt no. 33644, with service Attorney General of Alberta
1997-02-28 Motion for additional time to present oral argument, (to 20 minutes) (joint with motion to intervene), with service, Completed on: 1997-02-28 Attorney General of Alberta
1997-02-28 Motion for leave to intervene, 2 copies (joint with motion for additional time) (extension requested), with service, Completed on: 1997-02-28 Attorney General of Alberta
1997-02-20 Correspondence (sent by the Court) to, dated Feb. 20/97 from Gowlings re: appellant does not oppose the intervention of Grand Council of the Crees
1997-02-14 Response to the motion for leave to intervene, by A. G. Cannada (joint consent for additional time) (Gowling, Strathy), Completed on: 1997-02-14 Minister of Finance for the Province of New Brunswick
1997-02-14 Affidavit, of Ruth Dantzer, with service Attorney General of Canada
1997-02-14 $50.00 filing fee for notice of motion, (from Justice account) Attorney General of Canada
1997-02-14 Motion for additional time to present oral argument, (20 minutes) (joint with motion to intervene), with service, Completed on: 1997-02-14 Attorney General of Canada
1997-02-14 Motion for leave to intervene, (joint with motion for additional time), with service, Completed on: 1997-02-14 Attorney General of Canada
1997-02-14 $50.00 filing fee for notice of motion, receipt no. 33583 Grand Council of the Crees (EEyou Estchee)
1997-02-14 Motion for leave to intervene, 5 copies - book form (JOINT WITH I02 TO I05), with service, Completed on: 1997-02-14 Grand Council of the Crees (EEyou Estchee)
1997-02-04 Correspondence (sent by the Court) to, from Paul Le Breton, Q.C.; re: inviting the A.G.'s to intervene in this matter
1996-12-19 Correspondence (sent by the Court) to, Sent to Attorney General of new Brunswick (Fredericton, NB) enclosing a copy of the Rule 32. c.c. Brian A. Crane, Q.C., Gowling , Strathy & Henderson
1996-12-19 Correspondence (sent by the Court) to, Sent to Davis & Company (Vancouver, BC) enclosing a copy of the Rule 32. c.c. Greg A. Tereposky, Davis & Company
1996-12-19 Order granting leave to appeal
1996-12-18 Notice of appeal, (1 copy), with service, Completed on: 1996-12-18 Minister of Finance for the Province of New Brunswick
1996-12-09 Notice of deposit of judgment issued to all parties, Davis & Company
1996-12-09 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1996-12-05 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1996-10-07 All materials on application for leave submitted to the Judges, CJ G Ia
1996-09-27 Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-09-27 Minister of Finance for the Province of New Brunswick
1996-09-23 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-09-23 Union of New Brunswick Indians
1996-07-16 Correspondence received from, sent to Davis & Company enclosing copy of letter dated July 16/96 sent to applicant
1996-07-16 Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of material commencing a proceeding with filing fee
1996-07-10 $50.00 filing fee, receipt no. 32343 Minister of Finance for the Province of New Brunswick
1996-07-09 Application for leave to appeal, 5 copies, with service, Completed on: 1996-07-09 Minister of Finance for the Province of New Brunswick

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
Minister of Finance for the Province of New Brunswick Applicant Active
Provincial Sales Tax Commissioner for the Province of New Brunswick Applicant Active

v.

Main parties - Respondents
Name Role Status
Union of New Brunswick Indians Respondent Active
Tomah, suing on his own behalf and on behalf of all N.B. Indian Bands and members, Paul David Leonard Respondent Active

Other parties

Other parties
Name Role Status
Grand Council of the Crees (EEyou Estchee) Intervener Active
Cree Regional Authority Intervener Active
Grand Chief Matthew Coon Come Intervener Active
Deputy Grand Chief Violet Pachanos Intervener Active
Executive Director Bill Namagoose Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Manitoba Intervener Active

Counsel

Party: Minister of Finance for the Province of New Brunswick

Counsel
Bruce Judah, Q.C.
Attorney General of New Brunswick
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Provincial Sales Tax Commissioner for the Province of New Brunswick

Counsel
Bruce Judah, Q.C.
Attorney General of New Brunswick
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Union of New Brunswick Indians

Counsel
P. John Landry
Davis & Company
2800 PARK PLACE
666 BURRARD ST
VANCOUVER, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
Agent
Gregory A. Tereposky
Thomas & Partners
30 Metcalfe
Suite 360
Ottawa, Ontario
K1P 5L4
Telephone: (613) 232-7522
FAX: (613) 232-7525
Email: gtereposky@thomasandpartners.com

Party: Tomah, suing on his own behalf and on behalf of all N.B. Indian Bands and members, Paul David Leonard

Counsel
P. John Landry
Davis & Company
2800 PARK PLACE
666 BURRARD ST
VANCOUVER, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
Agent
Gregory A. Tereposky
Thomas & Partners
30 Metcalfe
Suite 360
Ottawa, Ontario
K1P 5L4
Telephone: (613) 232-7522
FAX: (613) 232-7525
Email: gtereposky@thomasandpartners.com

Party: Grand Council of the Crees (EEyou Estchee)

Counsel
John Hurley
Fraser Milner Casgrain LLP
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8800
FAX: (514) 866-2241
Agent
Gary G. Boyd
Low Murchison
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942

Party: Cree Regional Authority

Counsel
John Hurley
Fraser Milner Casgrain LLP
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8800
FAX: (514) 866-2241
Agent
Gary G. Boyd
Low Murchison
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942

Party: Grand Chief Matthew Coon Come

Counsel
John Hurley
Fraser Milner Casgrain LLP
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8800
FAX: (514) 866-2241
Agent
Gary G. Boyd
Low Murchison
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942

Party: Deputy Grand Chief Violet Pachanos

Counsel
John Hurley
Fraser Milner Casgrain LLP
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8800
FAX: (514) 866-2241
Agent
Gary G. Boyd
Low Murchison
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942

Party: Executive Director Bill Namagoose

Counsel
John Hurley
Fraser Milner Casgrain LLP
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8800
FAX: (514) 866-2241
Agent
Gary G. Boyd
Low Murchison
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942

Party: Attorney General of Canada

Counsel
John R. Power, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4848

Party: Attorney General of Alberta

Counsel
Robert J. Normey
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Attorney General of British Columbia

Counsel
Hunter W. Gordon
Patrick G. Foy
Attorney General of British Columbia
1001 Douglas Street
3rd Floor
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-8822
FAX: (250) 387-0700
Agent
V. Jennifer Mackinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Manitoba

Counsel
Kenneth J. Tyler
Attorney General of Manitoba
405 BROADWAY AVE
7TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

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

May 24, 1994
Court of Queen’s Bench of New Brunswick

X

Respondent's application dismissed

May 28, 1996
Court of Appeal of New Brunswick

164/94/CA

Appeal allowed

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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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.

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Date modified: 2025-05-13