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26300

Jamie Tanis Gladue v. Her Majesty the Queen

(British Columbia) (Criminal) (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)
1999-05-05 Formal judgment sent to the registrar of the court of appeal and all parties
1999-05-05 Copy of formal judgment being prepared
1999-04-26 Notice of deposit of judgment sent to all parties
1999-04-23 Judgment on the appeal rendered, CJ L'HD G Co Ia Ba Bi, The appeal is dismissed.
Dismissed, no order as to costs
1998-12-31 Transcript received, and distributed to the justices (86 pages)
1998-12-10 Hearing of the appeal, 1998-12-10, CJ L'HD G Co Ia Ba Bi
Judgment reserved
1998-12-03 Notice of appearance, of Kimberley Prost and Nancy L. Irving at the hearing of the appeal Attorney General of Canada
1998-12-03 Book of authorities, Completed on: 1998-12-03 Aboriginal Legal Services of Toronto Inc.
1998-12-03 Intervener's factum, Completed on: 1998-12-03 Aboriginal Legal Services of Toronto Inc.
1998-12-02 Order on motion to extend time, to serve and file the book of authorities
1998-12-01 Book of authorities, Completed on: 1998-12-01 Attorney General of Canada
1998-12-01 Intervener's factum, Completed on: 1998-12-01 Attorney General of Canada
1998-11-30 Decision on motion to extend time, to serve and file the respondent's book of authorities to Nov. 12/98, Reg
Granted, no order as to costs
1998-11-30 Submission of motion to extend time, Reg
1998-11-25 Response to motion to extend time, to file the Respondent's Authorities to Nov. 12/98, Completed on: 1998-11-25 Jamie Tanis Gladue
1998-11-25 Motion to extend time, to serve and file their Authorities to Nov. 12/98, Completed on: 1998-11-25 Her Majesty the Queen
1998-11-24 Order on motion to extend time, for leave to intervene, for order of Major J., see file
1998-11-24 Order on motion for leave to intervene, for order of Major J., see file
1998-11-24 Decision on the motion for leave to intervene, the A.G. of Canada shall serve and file its factum not to exceed 20 pages and present oral argument limited to 15 minutes, Ma
Granted, no order as to costs
1998-11-24 Decision on motion to extend time, for leave to intervene by the A.G. of Canada, Ma
Granted, no order as to costs
1998-11-24 Submission of motion to extend time, Ma
1998-11-24 Submission of motion for leave to intervene, Ma
1998-11-23 Book of authorities, Completed on: 1998-11-23 Attorney General of Alberta
1998-11-23 Intervener's factum, (9 copies of AMENDED factum with new appendix & 15 copies of new appendix filed on Nov. 26/98), Completed on: 1998-11-23 Attorney General of Alberta
1998-11-23 Response to motion to extend time, (Letter Form), takes no position, Completed on: 1998-11-23 Her Majesty the Queen
1998-11-23 Response to the motion for leave to intervene, (Letter Form), takes no position, Completed on: 1998-11-23 Her Majesty the Queen
1998-11-20 Response to motion to extend time, consent, Completed on: 1998-11-20 Jamie Tanis Gladue
1998-11-20 Response to the motion for leave to intervene, consent, Completed on: 1998-11-20 Jamie Tanis Gladue
1998-11-20 Motion to extend time, for leave to intervene, Completed on: 1998-11-20 Attorney General of Canada
1998-11-20 Motion for leave to intervene, Completed on: 1998-11-20 Attorney General of Canada
1998-11-16 Response to the motion for leave to intervene, Completed on: 1998-11-16 Her Majesty the Queen
1998-11-13 Decision on motion to extend time, for leave to intervene, Ma
Granted, no order as to costs
1998-11-13 Decision on the motion for leave to intervene, the applicant shall serve and file its factum no later than Dec. 3/98, and not to exceed 20 pages and to present oral argument limited to 15 minutes, Ma
Granted, no order as to costs
1998-11-13 Submission of motion for leave to intervene, Ma
1998-11-13 Submission of motion to extend time, for leave to intervene, Ma
1998-11-12 Respondent's book of authorities, (Extension of time requested), Completed on: 1998-11-12 Her Majesty the Queen
1998-11-09 Affidavit, of Jonathan Rudin Aboriginal Legal Services of Toronto Inc.
1998-11-09 Motion to extend time, to file the motion to intervene (book form) - 5 copies, Completed on: 1998-11-09 Aboriginal Legal Services of Toronto Inc.
1998-11-09 Affidavit, of Marisha Roman Aboriginal Legal Services of Toronto Inc.
1998-11-09 Motion for leave to intervene, receipt no. 31475 for $100.00
, Completed on: 1998-11-09
Aboriginal Legal Services of Toronto Inc.
1998-10-28 Decision on motion to extend time, to serve and file the factum to Oct 27/98, Reg
Granted, no order as to costs
1998-10-28 Submission of motion to extend time, 1998-10-28, to serve and file the factum to Oct 27/98, Reg
1998-10-27 Affidavit, to file the Respondent's Factum to Oct. 27/98 (W. Rubin) (attached letter from G.D. McKinnon, Q.C. re: no objection), with service Her Majesty the Queen
1998-10-27 Motion to extend time, to file the Respondent's Factum to Oct. 27/98, with service, Completed on: 1998-10-27 Her Majesty the Queen
1998-10-27 Respondent's factum, With service, Completed on: 1998-10-27 Her Majesty the Queen
1998-10-15 Response to motion to extend time, to file their Book of Authorities (Burke-Robertson by fax), Completed on: 1998-10-15 Her Majesty the Queen
1998-10-15 Decision on motion to extend time, to serve and file their book of authorities to Oct. 1/98, Reg
Granted, no order as to costs
1998-10-15 Submission of motion to extend time, 1998-10-15, to serve and file their book of authorities to Oct. 1/98, Reg
1998-10-14 $50.00 filing fee for notice of motion, receipt #31325 Jamie Tanis Gladue
1998-10-14 Affidavit, to file their Book of Authorities to Oct. 1/98 (G.D. McKinnon), with service Jamie Tanis Gladue
1998-10-14 Motion to extend time, to file the Appellant's Book of Authorities to Oct. 1/98, with service, Completed on: 1998-10-14 Jamie Tanis Gladue
1998-10-08 Notice of hearing Jamie Tanis Gladue
1998-10-01 Book of authorities, Vol. I to III (extension of time requested), Completed on: 1998-10-01 Jamie Tanis Gladue
1998-09-28 Appeal hearing scheduled, 1998-12-10
Judgment reserved
1998-09-17 Order on motion for leave to intervene, for Major J.'s order see file
1998-09-17 Decision on motion to extend time, to intervene, Ma
Granted, no order as to costs
1998-09-17 Submission of motion to extend time, 1998-09-17, to intervene, Ma
1998-09-17 Decision on the motion for leave to intervene, factum is limited to 20 pages and oral argument to 15 minutes, Ma
Granted, no order as to costs
1998-09-17 Submission of motion for leave to intervene, 1998-09-17, factum is limited to 20 pages and oral argument to 15 minutes, Ma
1998-09-14 $50.00 filing fee for notice of motion, to intervene receipt #31162 Attorney General of Alberta
1998-09-14 Response to motion to extend time, for leave to intervene of A.G. of Alberta (handwritten on notice of motion), Completed on: 1998-09-14 Her Majesty the Queen
1998-09-14 Response to the motion for leave to intervene, by the A.G. of Alberta (handwritten on notice of motion), Completed on: 1998-09-14 Her Majesty the Queen
1998-09-04 Affidavit, to intervene (of Goran M. Tomljannovic), with service Attorney General of Alberta
1998-09-04 Affidavit, (of Goran M. Tomljanovic), with service Attorney General of Alberta
1998-09-04 Response to the motion for leave to intervene, by the A.G. of Alberta (handwritten on notice of motion), Completed on: 1998-09-04 Jamie Tanis Gladue
1998-09-04 Motion to extend time, for leave to intervene, with service, Completed on: 1998-09-04 Attorney General of Alberta
1998-09-04 Motion for leave to intervene, With service, Completed on: 1998-09-04 Attorney General of Alberta
1998-09-02 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-08-06 $50.00 filing fee for notice of motion, receipt no. 30935 Jamie Tanis Gladue
1998-08-06 Order on motion to extend time, to file their factum
1998-08-06 Decision on motion to extend time, to serve and file their factum to Aug. 6/98, Reg
Granted, no order as to costs
1998-08-06 Hearing of motion to extend time, 1998-08-06, to serve and file their factum to Aug. 6/98, Reg
1998-08-06 Submission of motion to extend time, 1998-08-06, to serve and file their factum to Aug. 6/98, Reg
1998-08-05 Response to motion to extend time, to file the appellant's factum to Aug. 6, 1998 (G. Fitch), Completed on: 1998-08-05 Her Majesty the Queen
1998-08-05 Affidavit, to file the appellant's factum to Aug. 6, 1998 (G. McKinnon) Jamie Tanis Gladue
1998-07-31 Appellant's factum, 26 copies (extension of time requested), with service, Completed on: 1998-07-31 Jamie Tanis Gladue
1998-07-05 Motion to extend time, to file and serve the appellant's factum to Aug. 6, 1998 ($50.00 requested), Completed on: 1998-07-05 Jamie Tanis Gladue
1998-06-04 Correspondence (sent by the Court) to, from Marian Bryant, letter dated June 3, 1998 re: the issue in leave application in 26642 (Wells) is complimentary to this appeal
1998-05-25 Proof of service, of appellant's record (admitted on March 23\98)
1998-03-30 Appellant's record, 24 copies, Completed on: 1998-03-30 Jamie Tanis Gladue
1998-03-30 Correspondence (sent by the Court) to, sent to Gil D. McKinnon, Q.C. and A.G. of British Columbia re: Rule 32
1998-03-24 Order granting leave to appeal
1998-03-23 Notice of deposit of judgment issued to all parties, all parties
1998-03-23 Proof of service, of Notice of Appeal (admitted on March 23\98)
1998-03-20 Notice of appeal, Completed on: 1998-03-20 Jamie Tanis Gladue
1998-03-19 Judgment of the Court on the application for leave to appeal, L'HD G Ba, The application for leave to appeal is granted.
Granted, no order as to costs
1998-02-13 All materials on application for leave submitted to the Judges, L'HD G Ba
1997-12-12 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-12-12 Her Majesty the Queen
1997-11-25 Correspondence received from, sent to Burke-Robertson (Ottawa, ON) enclosing copy of letter dated Nov. 25/97 sent to Applicant
1997-11-25 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee
1997-11-12 $50.00 filing fee, receipt no. 28102 Jamie Tanis Gladue
1997-11-12 Application for leave to appeal, 5 copies, with service, Completed on: 1997-11-12 Jamie Tanis Gladue

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
Gladue, Jamie Tanis Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Aboriginal Legal Services of Toronto Inc. Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Gladue, Jamie Tanis

Counsel
Names
Gil D. McKinnon, Q.C.
Michael D. Smith
Contact information
1900 - 1040 Georgia St W
Box 94
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
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

Counsel
Name
Wendy L. Rubin
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: wndy.rubin@gov.bc.ca
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: Attorney General of Alberta

Counsel
Name
Goran Tomljanovic
Contact information
Attorney General of Alberta
1620 - 639, 5th Ave SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-6005
FAX: (403) 297-3453
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Aboriginal Legal Services of Toronto Inc.

Counsel
Names
Kent Roach
Kimberly R. Murray
Contact information
Aboriginal Legal Services of Toronto Inc.
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 224
FAX: (416) 408-4268
Agent
Name
Chantal Tie
Contact information
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401

Party: Attorney General of Canada

Counsel
Names
Kimberly Prost
Nancy L. Irving
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4758
FAX: (613) 957-8412
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

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

February 13, 1997
Supreme Court of British Columbia

X34897

Conviction: manslaughter

October 24, 1997
Court of Appeal for British Columbia (Vancouver)

CA022970

Appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

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.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-05-13