Case information
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26014
Donald John Marshall, Jr. v. Her Majesty the Queen
(Nova Scotia) (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) |
---|---|---|
2000-03-28 | Record returned to the Registrar of the Court of Appeal | |
2000-01-13 | Appeal closed | |
2000-01-13 | Formal judgment on re-hearing sent to Registrar of the Court of Appeal | |
2000-01-13 | Copy of formal judgment on re-hearing of appeal sent to parties | |
2000-01-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2000-01-10 | Copy of formal judgment being prepared | |
1999-11-17 |
Decision on the motion for a re-hearing of the appeal, CJ L'HD G McL Ia Bi, The application of the West Nova Fishermen's Coalition for a rehearing, and for an order that the judgment of the Court dated September 17, 1999 be stayed in the meantime, is dismissed with costs. (for reasons, see file) Dismissed, with costs |
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1999-11-15 | Reply to the response to the motion for a re-hearing of the appeal, (11 copies - book form) sent to CJ L'HD G McL I Bi Nov. 15/1999, Completed on: 1999-11-15 | West Nova Fishermen's Coalition |
1999-11-01 | Response to the motion for a re-hearing of the appeal, sent to CJ L'HD G McL I Bi. Nov. 2/99., Completed on: 1999-11-02 | Her Majesty the Queen |
1999-11-01 | Response to the motion for a re-hearing of the appeal, sent to CJ L'HD G McL I Bi on Nov. 2/99, Completed on: 1999-11-01 | Donald John Marshall, Jr. |
1999-11-01 | Response to the motion for a re-hearing of the appeal, (book form) sent to CJ L'HD G McL I Bi, Completed on: 1999-11-01 | Union of New Brunswick Indians |
1999-10-28 | Response to the motion for a re-hearing of the appeal, 10 copies (book form) sent to CJ L'HD G McL I Bi on Oct. 28/1999, Completed on: 1999-11-03 | Native Council of Nova Scotia |
1999-10-18 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G McL Ia Bi | |
1999-10-18 | Motion for a re-hearing of the appeal, (complete motion book filed on Oct. 19/99 and sent to judges on Oct. 20/99), Completed on: 1999-10-18 | West Nova Fishermen's Coalition |
1999-09-20 | Notice of deposit of judgment sent to all parties | |
1999-09-17 |
Judgment on the appeal rendered, CJ L'HD G Co McL Ia Bi, The appeal is allowed and an acquittal on all charges is ordered, Gonthier and McLachlin JJ. dissenting. The constitutional question is answered as follows: SEE LONG Allowed, no order as to costs |
|
1998-11-20 | Transcript received, and distributed to the justices (117 pages) | |
1998-11-05 |
Hearing of the appeal, 1998-11-05, CJ L'HD G Co McL Ia Bi Decision reserved |
|
1998-11-05 | Order on motion to extend time, to serve and file the factum | |
1998-11-05 |
Decision on motion to extend time, to serve and file the factum to Oct. 23/98, Reg Granted, no order as to costs |
|
1998-11-05 | Submission of motion to extend time, 1998-11-05, to serve and file the factum to Oct. 23/98, Reg | |
1998-11-04 | General proceeding, 11 copies of CONDENSED book, with service | Her Majesty the Queen |
1998-11-04 | Response to motion to extend time, to file the Union of N. B. Indians's factum to Oct. 23, 1998 (M. Paré), Completed on: 1998-11-04 | Her Majesty the Queen |
1998-11-04 | Affidavit, to file the intervener's factum to Oct. 23, 1998 (Henry Bear) | Union of New Brunswick Indians |
1998-11-04 | $50.00 filing fee for notice of motion, receipt no. 31416 | Union of New Brunswick Indians |
1998-11-04 | Motion to extend time, to file the intervener's factum to Oct. 23, 1998, Completed on: 1998-11-04 | Union of New Brunswick Indians |
1998-10-30 | Notice of appearance, (Michael A. Paré) | Her Majesty the Queen |
1998-10-28 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
1998-10-23 | Intervener's factum, (extension of time requested), with service, Completed on: 1998-10-23 | Union of New Brunswick Indians |
1998-09-29 | General proceeding, (12 copies of condensed book) | Donald John Marshall, Jr. |
1998-09-11 |
Appeal hearing scheduled, 1998-11-05 Decision reserved |
|
1998-09-01 | Intervener's factum, 24 copies, with service, Completed on: 1998-09-01 | Attorney General of New Brunswick |
1998-08-11 | Order on motion to extend time, to serve and file the factum and book of authorities | |
1998-08-11 |
Decision on motion to extend time, to serve and file the factum & book of authorities to July 22/98, Reg Granted, no order as to costs |
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1998-08-11 | Submission of motion to extend time, 1998-08-11, to serve and file the factum & book of authorities to July 22/98, Reg | |
1998-08-11 |
Decision on motion to extend time, for leave to intervene, Ba Granted, no order as to costs |
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1998-08-11 | Submission of motion to extend time, 1998-08-11, for leave to intervene, Ba | |
1998-08-11 |
Decision on the motion for leave to intervene, Ba, and extension of time by the Union of New Brunswick Indians. The applicant is authorized to file a factum not exceeding 20 pages and is allowed 15 minutes for oral argument. Written and oral submissions are to be limited to the specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights Granted, no order as to costs |
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1998-08-11 | Submission of motion for leave to intervene, 1998-08-11, Ba | |
1998-08-10 | Correspondence (sent by the Court) to, from R. Frater to A. Roland, letter dated Aug. 10, 1998 re: does not oppose the motion to intervene by the Union of N. B. Indians | |
1998-08-06 | Correspondence (sent by the Court) to, from Nelligan, Power, letter dated Aug. 6, 1998 (fax copy) re: does not oppose the application to intervene by Union of New Brunswick Indians | |
1998-07-29 | Affidavit, to July 29, 1998 (Chief S. Barlow) - 2 copies | Union of New Brunswick Indians |
1998-07-29 | Motion to extend time, to file the motion to intervene (2 copies), Completed on: 1998-07-29 | Union of New Brunswick Indians |
1998-07-29 | Affidavit, of Chief S. P. Barlow (2 copies) | Union of New Brunswick Indians |
1998-07-29 | $50.00 filing fee for notice of motion, receipt no. 30912 | Union of New Brunswick Indians |
1998-07-29 | Motion for leave to intervene, 2 copies, Completed on: 1998-07-29 | Union of New Brunswick Indians |
1998-07-23 | Response to motion to extend time, to file the Native Council of Nova Scotia factum to July 22/98, Completed on: 1998-07-23 | Her Majesty the Queen |
1998-07-22 | Affidavit, to file the intervener's factum & authorities (of Stuart C.B. Gilby), with service | Native Council of Nova Scotia |
1998-07-22 | $50.00 filing fee for notice of motion, receipt #30892 | Native Council of Nova Scotia |
1998-07-22 | Motion to extend time, to file the intervener's factum & book of authorities to July 22/98, with service, Completed on: 1998-07-22 | Native Council of Nova Scotia |
1998-07-22 | Book of authorities, 13 copies, with service, Completed on: 1998-07-22 | Native Council of Nova Scotia |
1998-07-22 | Intervener's factum, 24 copies, with service, Completed on: 1998-07-22 | Native Council of Nova Scotia |
1998-07-17 | Proof of service, of the factum and book of authorities of the intervener West Nova Fishermen's Coalition | |
1998-07-14 | Order on motion to extend time, to file the factum, record and book of authorities | |
1998-07-09 | Book of authorities, 12 copies, with service, Completed on: 1998-07-09 | West Nova Fishermen's Coalition |
1998-07-09 | Intervener's factum, 24 copies, with service, Completed on: 1998-07-09 | West Nova Fishermen's Coalition |
1998-06-22 |
Decision on motion to extend time, to serve and file their factum, record and book of authorities to June 11/98, Reg Granted, no order as to costs |
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1998-06-22 | Submission of motion to extend time, 1998-06-22, to serve and file their factum, record and book of authorities to June 11/98, Reg | |
1998-06-22 |
Decision on motion to file a lengthy factum, 43 page factum, Reg Granted, no order as to costs |
|
1998-06-22 | Submission of motion to file a lengthy factum, 1998-06-22, 43 page factum, Reg | |
1998-06-11 | Book of authorities, 12 copies of vol. 1 and 2, with service, Completed on: 1998-06-11 | Her Majesty the Queen |
1998-06-11 | Motion to file a lengthy factum, of 43 pages (joint with extension of time), with service, Completed on: 1998-06-11 | Her Majesty the Queen |
1998-06-11 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Her Majesty the Queen |
1998-06-11 | Affidavit, to file the respondent's factum, record and authorities to June 11, 1998 (Michael A. Pare), with service | Her Majesty the Queen |
1998-06-11 | Motion to extend time, to file the respondent's factum, record and authorities to June 11, 1998 (joint with motion for lenghty memorandum), with service, Completed on: 1998-06-11 | Her Majesty the Queen |
1998-06-11 | Respondent's factum, 24 copies, with service, Completed on: 1998-06-11 | Her Majesty the Queen |
1998-06-11 | Respondent's record, 24 copies of vols. 1 to 6, with service, Completed on: 1998-06-11 | Her Majesty the Queen |
1998-05-11 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
1998-04-14 | Response to motion to extend time, to file the notice of intervention by A.G.N.B., Completed on: 1998-04-14 | Donald John Marshall, Jr. |
1998-04-14 | Order on motion to extend time, to file their notice of intention to intervene | |
1998-04-14 |
Decision on motion to extend time, to file a notice of intention to intervene to Mar. 30/98, Ba Granted, no order as to costs |
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1998-04-14 | Submission of motion to extend time, 1998-04-14, to file a notice of intention to intervene to Mar. 30/98, Ba | |
1998-04-09 | Response to motion to extend time, to file the notice of intervention by A.G. N.B. to March 30, 1998 (George Thomson), Completed on: 1998-04-09 | Her Majesty the Queen |
1998-04-07 |
Decision on motion for additional time to present oral argument, to 15 minutes, Ba Granted, no order as to costs |
|
1998-04-07 | Submission of motion for additional time to present oral argument, Ba | |
1998-04-07 |
Decision on the motion for leave to intervene, Ba, by the Native Council of Nova Scotia. The factum is limited to 20 pages & oral argument to 15 minutes. Written & oral submissions are to be limited to specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights (for Bastarache J.' Order see file) Granted, no order as to costs |
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1998-04-07 | Submission of motion for leave to intervene, 1998-04-07, factum is limited to 20 pages & oral argument to 15 minutes. Written & oral submissions are to be limited to specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights (for Bastarache J.' Order see file), Ba | |
1998-04-07 |
Decision on motion to extend time, for leave to intervene, Ba Granted, no order as to costs |
|
1998-04-07 | Submission of motion to extend time, 1998-04-07, for leave to intervene, Ba | |
1998-04-07 | Order on motion for leave to intervene, joint with I-02 (see Bastarache J.'s Order on file) | |
1998-04-07 |
Decision on the motion for leave to intervene, Ba, The motion for an extension of time and for leave to intervene by West Nova Fishermen's Coalition is granted, factum is limited to 20 pages & oral argument to 15 minutes. Written and oral submissions are to be limited to specific issues raised in the appeal, i.e. the existence and extent of treaty-based rights (or Bastarache J.' Order see file) Granted, no order as to costs |
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1998-04-07 | Submission of motion for leave to intervene, 1998-04-07, Ba | |
1998-04-03 | $50.00 filing fee for notice of motion, recweipt no. 30386 | Attorney General of New Brunswick |
1998-04-02 | Affidavit, to file the notice of intervention on March 30, 1998 (E.Ven Bemmel) | Attorney General of New Brunswick |
1998-04-02 | Motion to extend time, to file the notice of intervention to March 30, 1998 ($50.00 requested), Completed on: 1998-04-02 | Attorney General of New Brunswick |
1998-03-30 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
1998-03-13 | Book of authorities, 12 copies, with service, Completed on: 1998-03-13 | Donald John Marshall, Jr. |
1998-03-13 | Appellant's factum, 24 copies, with service, Completed on: 1998-03-13 | Donald John Marshall, Jr. |
1998-03-13 | Correspondence (sent by the Court) to, from Nelligan & Power, letter dated March 13, 1998 re: enclosing 2 pages of vol. 2 of the record to be inserted | |
1998-03-09 | Appellant's record, 24 copies of vol. I to III, with service, Completed on: 1998-03-09 | Donald John Marshall, Jr. |
1998-03-09 | Correspondence (sent by the Court) to, from I.G. Whitehall, Q.C.; re: constitutional questions and the interventions by Nova Scotia Native Council and West Nova Fishermen Coalition | |
1998-02-16 | General proceeding, REPLY to the response to the application for leave to intervene (letterform) | Native Council of Nova Scotia |
1998-02-16 | General proceeding, 5 copies of appellant's memorandum on motion of West Nova to intevene, with service | Donald John Marshall, Jr. |
1998-02-16 | Notice of constitutional question(s), With service | Donald John Marshall, Jr. |
1998-02-10 | Order on motion to state a constitutional question | |
1998-02-06 | Motion for additional time to present oral argument, (20 minutes) (joint with motion to intervene), with service, Completed on: 1998-02-06 | West Nova Fishermen's Coalition |
1998-02-06 | $50.00 filing fee for notice of motion, receipt no. 30073 | West Nova Fishermen's Coalition |
1998-02-06 | Motion for leave to intervene, (joint with motion to extend the time) - 2 copies, with service, Completed on: 1998-02-06 | West Nova Fishermen's Coalition |
1998-02-06 | Affidavit, to file the motion to intervene (Donald Cunningham ), with service | West Nova Fishermen's Coalition |
1998-02-06 | Motion to extend time, to file the motion to intervene (joint with motion to intervene) - 2 copies - book form, with service, Completed on: 1998-02-06 | West Nova Fishermen's Coalition |
1998-02-05 |
Decision on the motion to state a constitutional question, (for question see file). Notices of intention to intervene are to be filed no later than March 16/ 98, CJ Granted, no order as to costs |
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1998-02-05 | Submission of motion to state a constitutional question, 1998-02-05, (for question see file). Notices of intention to intervene are to be filed no later than March 16/ 98, CJ | |
1998-02-03 | Proof of service, of the motion to intervene by Native Council of Nova Scotia (service admitted to the appellant) | |
1998-01-28 | Correspondence (sent by the Court) to, from Robert Frater; re: intervention of Nova Scotia Native Council is premature | |
1998-01-27 | General proceeding, 5 copies of the Appellant's memorandum in response to the motion to intervene by NCNS | Donald John Marshall, Jr. |
1998-01-20 | Proof of service, of the notice of intervention by Native Council of Nova Scotia and the affidavit of Lorraine Cook | |
1998-01-14 | Motion for leave to intervene, (amended) (fax copy), Completed on: 1998-01-14 | Native Council of Nova Scotia |
1998-01-13 | Affidavit, of Lorraine Cook (5 copies) | Native Council of Nova Scotia |
1998-01-13 | $50.00 filing fee for notice of motion, receipt no. 28430 | Native Council of Nova Scotia |
1998-01-13 | Motion for leave to intervene, (5 copies), Completed on: 1998-01-13 | Native Council of Nova Scotia |
1998-01-12 | General proceeding, 1 copy of consent to the constitutional question (fax copy) | Her Majesty the Queen |
1998-01-12 | $50.00 filing fee for notice of motion, receipt no. 28421 | Donald John Marshall, Jr. |
1998-01-12 | Motion to state a constitutional question, (1 copy), Completed on: 1998-01-12 | Donald John Marshall, Jr. |
1997-11-20 | Appeal court record, 5 boxes | |
1997-11-13 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Halifax, NS) enclosing copy of Rule 32 | |
1997-11-13 | Correspondence (sent by the Court) to, sent to Bruce H. Wildsmith (Barss Corner, NS) enclosing copy of Rule 32 | |
1997-11-12 | Notice of appeal, Completed on: 1997-11-12 | Donald John Marshall, Jr. |
1997-11-12 | Order granting leave to appeal | |
1997-10-20 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
1997-10-20 | Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON) | |
1997-10-16 |
Judgment of the Court on the application for leave to appeal, CJ G Ma, The application for leave to appeal is granted. Granted, no order as to costs |
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1997-08-29 | All materials on application for leave submitted to the Judges, CJ G Ma | |
1997-07-02 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-07-02 | Donald John Marshall, Jr. |
1997-06-23 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-06-23 | Her Majesty the Queen |
1997-06-02 | Correspondence received from, sent to A.G. of Canada enclosing copy of letter dated June 2/97 sent to applicant | |
1997-06-02 | Correspondence received from, sent to Nelligan, Power to acknowledge receipt of material commencing a proceeding together with filing fee | |
1997-05-23 | $50.00 filing fee, receipt #34177 | Donald John Marshall, Jr. |
1997-05-23 | Application for leave to appeal, 5 copies, with service, Completed on: 1997-05-23 | Donald John Marshall, Jr. |
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 |
---|---|---|
Marshall, Jr., Donald John | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Native Council of Nova Scotia | Intervener | Active |
West Nova Fishermen's Coalition | Intervener | Active |
Attorney General of New Brunswick | Intervener | Active |
Union of New Brunswick Indians | Intervener | Active |
Counsel
Party: Marshall, Jr., Donald John
Counsel
RR 2
Barss Corner, Nova Scotia
B0R 1A0
Telephone: (902) 644-3913
FAX: (902) 644-3912
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Her Majesty the Queen
Counsel
1400 - 5251 Duke St
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-3260
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: Native Council of Nova Scotia
Counsel
1800 - 1801 Hollis St
PO Box 36 Stn Central RPO
Halifax, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 242-0932
Agent
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: West Nova Fishermen's Coalition
Counsel
400 - 1791 Barrington St
Halifax, Nova Scotia
B3J 2N7
Telephone: (902) 423-7211
Agent
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 New Brunswick
Counsel
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
Agent
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
99 Main Street
Tobique Indian Reserve
Maliseet, New Brunswick
E7H 2X2
Telephone: (506) 273-4317
FAX: (506) 273-4318
Agent
Ottawa, Ontario
K1Y 4T8
Telephone: (613) 761-8606
FAX: (613) 952-8594
Summary
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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.
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Lower court rulings
Supreme Court of Nova Scotia, Trial Division
54-425985
fishing without a license; Sentence: absolute discharge
Nova Scotia Court of Appeal
129874
Dismissed
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.
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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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