Case information

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)
2001-08-21	Record returned to the Registrar of the Court of Appeal
2001-06-18	Appeal closed
2001-06-12	Formal judgment sent to the registrar of the court of appeal and all parties
2001-06-05	Copy of formal judgment being prepared
2001-05-25	Notice of deposit of judgment sent to all parties
2001-05-24	Judgment on the appeal rendered, CJ G Ia Ma Bi Arb LeB, The appeal is allowed. The respondent must pay the duty claimed by the government. Allowed, no order as to costs
2000-07-05	Transcript received, (97 pages)
2000-06-16	Hearing of the appeal, 2000-06-16, (V055-056), CJ G Ia Ma Bi Arb LeB Judgment reserved
2000-06-16	Respondent's condensed book, given in Court	Grand Chief Michael Mitchell also known as Kanentakeron
2000-06-16	Appellant's condensed book, given in Court	The Minister of National Revenue
2000-06-16	Acknowledgement and consent for video taping of proceedings
2000-06-13	Notice of appearance, of Peter W. Hutchins, Anjali Choksi, Micha Menczer and Paul Williams at the hearing of the appeal	Grand Chief Michael Mitchell also known as Kanentakeron
2000-06-12	Notice of appearance, of Henry Bear at the hearing of the appeal	Union of New Brunswick Indians
2000-06-08	Notice of appearance, of Murray Marshall and François Dandonneau at the hearing of the appeal	Mohawk Council of Kahnawake
2000-06-06	Notice of appearance, of Kenneth J. Tyler and Robert J.C. Deane at the hearing of the appeal	Attorney General of Manitoba
2000-06-05	Notice of appearance, of Graham Garton and Sandra Phillips at the hearing of the appeal	The Minister of National Revenue
2000-06-01	Notice of appearance, de René Morin à l'audition de l'appel	Attorney General of Québec
2000-05-26	Respondent's book of authorities, to the reply factum (sent to panel May 29, 2000), Completed on: 2000-05-26	Grand Chief Michael Mitchell also known as Kanentakeron
2000-05-26	Reply factum on appeal, (see order of Binnie of May 19/00) (sent to panel May 29/2000), Completed on: 2000-05-26	Grand Chief Michael Mitchell also known as Kanentakeron
2000-05-19	Order on motion to file a reply factum on appeal, (by the Court)
2000-05-19	Decision on the motion to file a reply factum on appeal, Bi, by the respondent. It is ordered that leave be granted to the respondent to file, on or before Friday, May 26, 2000, a reply factum of not more than 10 pages in response to the factums filed by the Attorneys General of Québec, N.B., Manitoba and B.C.; the oral argument of the respondent be extended to one hour and 20 minutes; the appellant be granted an additional 10 minutes to be utilized either as part of the main argument or in reply. Granted, no order as to costs
2000-05-19	Submission of motion to file a reply factum on appeal, Bi
2000-05-17	Response to motion to file a reply factum on appeal, (Letter Form), letter (by fax) dated May 17/00 from Graham Garton, Completed on: 2000-05-17	The Minister of National Revenue
2000-05-16	Motion to file a reply factum on appeal, of not more than 10 pages in reply to the factum filed by N.B., Qc, Man. and B.C. and for additional time (20 minutes) for oral argument, Completed on: 2000-05-16	Grand Chief Michael Mitchell also known as Kanentakeron
2000-05-11	Book of authorities, Completed on: 2000-05-11	Attorney General of Manitoba
2000-05-10	Book of authorities, Completed on: 2000-05-10	Attorney General of New Brunswick
2000-05-09	Book of authorities, Completed on: 2000-05-09	The Assembly of First Nations
2000-05-09	Intervener's factum, Completed on: 2000-05-09	The Assembly of First Nations
2000-05-08	Intervener's factum, Completed on: 2000-05-08	Attorney General of Manitoba
2000-05-08	Intervener's factum, Completed on: 2000-05-08	Union of New Brunswick Indians
2000-05-08	Intervener's factum, Completed on: 2000-05-08	Attorney General of New Brunswick
2000-05-08	Book of authorities, Completed on: 2000-05-08	Mohawk Council of Kahnawake
2000-05-08	Intervener's factum, Completed on: 2000-05-08	Mohawk Council of Kahnawake
2000-05-08	Book of authorities, Completed on: 2000-05-08	Attorney General of British Columbia
2000-05-08	Intervener's factum, Completed on: 2000-05-08	Attorney General of British Columbia
2000-05-05	Book of authorities, Completed on: 2000-05-05	Attorney General of Québec
2000-05-05	Intervener's factum, Completed on: 2000-05-05	Attorney General of Québec
2000-05-05	Correspondence received from, K. Kickbush dated May 4, 2000 (fax copy) re: no objection to R. Deane to appear as co-counsel	Attorney General of British Columbia
2000-05-03	Correspondence received from, R. Deane dated May 3, 2000 (fax copy) re: requesting permission to appear as co-counsel (as a former Law Clerk) - (approved by CJ on May 8, 2000)	Attorney General of Manitoba
2000-04-20	Appeal hearing scheduled, 2000-06-16 Judgment reserved
2000-04-19	Order on motion to expedite the appeal, (by the Court)
2000-04-19	Decision on motion to expedite the appeal, CJ, by the appellant. (1) The request for an order expediting the hearing of this appeal is granted. (2) The appeal will be set down for hearing on Friday, June 16, 2000. Granted, no order as to costs
2000-04-19	Submission of motion to expedite the appeal, CJ
2000-04-17	Correspondence received from, P. Hutchins dated April 16, 2000 (fax copy) re: hearing dates for this appeal	The Minister of National Revenue
2000-04-14	Reply to motion to expedite the appeal, from G. Garton, Q.C. dated Apr. 14/00 (by fax), Completed on: 2000-04-14	The Minister of National Revenue
2000-04-13	Response to motion to expedite the appeal, from P.W. Hutchins dated Apr. 13/00 (by fax), Completed on: 2000-04-13	Grand Chief Michael Mitchell also known as Kanentakeron
2000-04-12	Motion to expedite the appeal, (to be heard in the month of June 2000), Completed on: 2000-04-12	The Minister of National Revenue
2000-04-10	Respondent's book of authorities, Completed on: 2000-04-10	Grand Chief Michael Mitchell also known as Kanentakeron
2000-04-10	Respondent's factum, Completed on: 2000-04-10	Grand Chief Michael Mitchell also known as Kanentakeron
2000-04-10	Respondent's record, Completed on: 2000-04-10	Grand Chief Michael Mitchell also known as Kanentakeron
2000-04-10	Appeal perfected for hearing, Session beginning on 2000-04-10
2000-04-10	Correspondence (sent by the Court) to, Anjali Choksi & Graham Garton enclosing a copy of a revised constitutional question.
2000-03-24	Correspondence received from, Anjali Choksi dated March 24/00 re: french version of const. question	Grand Chief Michael Mitchell also known as Kanentakeron
2000-03-23	Correspondence received from, A. Choksi dated March 23/00 (by fax) re: spelling errors in party information (served on A.G. Canada)(original received on March 28, 2000)	Grand Chief Michael Mitchell also known as Kanentakeron
2000-03-06	Notice of intervention respecting a constitutional question, (served on A.G. Canada only)	Attorney General of British Columbia
2000-03-06	Notice of intervention respecting a constitutional question	Attorney General of Québec
2000-02-29	Notice of intervention respecting a constitutional question	Attorney General of Manitoba
2000-02-17	Notice of intervention respecting a constitutional question, (see order dated Jan. 21, 2000)	Attorney General of New Brunswick
2000-02-14	Appellant's book of authorities, Completed on: 2000-02-14	The Minister of National Revenue
2000-02-14	Appellant's record, Vol. I to V, Completed on: 2000-02-14	The Minister of National Revenue
2000-02-14	Appellant's factum, Completed on: 2000-02-14	The Minister of National Revenue
2000-01-27	Notice of constitutional question(s), (served on all A.G. Jan. 27/00)	The Minister of National Revenue
2000-01-27	Order on motion to state a constitutional question
2000-01-25	Order on motion for leave to intervene, (by the Court)
2000-01-25	Decision on the motion for leave to intervene, G, and extension of time by the ASSEMBLY OF FIRST NATIONS is granted, the applicant shall be entitled to serve & file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions, as allowed. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs
2000-01-25	Decision on the motion for leave to intervene, G, by the MOHAWK COUNCIL OF KAHNAWAKE ,IN ITS OWN RIGHT AND ON BEHALF OF THE MOHAWK PEOPLE OF KAHNAWAKE is granted, the applicant shall be entitled to serve & file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions, as allowed. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs
2000-01-25	Decision on the motion for leave to intervene, G, by the UNION OF NEW BRUNSWICK INDIANS is granted, the applicant shall be entitled to serve & file a factum not to exceed 20 pages in length. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions, as allowed. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs
2000-01-25	Submission of motion for leave to intervene, by UNBI, MCKLS, & AFN, G
2000-01-21	Decision on the motion to state a constitutional question, McL, by the appellant is granted(for question see long judgment). The notices of intention to intervene are to be filed no later than March 6/2000. Granted, no order as to costs
2000-01-14	Response to the motion for leave to intervene, (Letter Form), from G. Garton dated Jan. 14, 2000 (fax copy) re: conditional consent, Completed on: 2000-01-14	The Minister of National Revenue
2000-01-10	Motion for leave to intervene, (joint with extension of time) - book form, Completed on: 2000-01-10	The Assembly of First Nations
2000-01-07	Motion for leave to intervene, ($50.00 requested), Incomplete	Union of New Brunswick Indians
2000-01-07	Motion for leave to intervene, book form (amendments to the motion received on Jan. 10, 2000, letter form from F. Dandonneau, dated Jan. 10, 2000), Completed on: 2000-01-07	Mohawk Council of Kahnawake
1999-12-01	Trial court exhibits, (11 boxes + 1 map from F.C.A.)
1999-12-01	Appeal court record, (18 boxes joint with Trial Court records)
1999-11-23	Submission of motion to state a constitutional question, McL
1999-11-23	Submission of motion to state a constitutional question, CJ
1999-11-19	Response to the motion to state a constitutional question, (Letter Form), from A. Choksi dated Nov. 19, 1999 (fax copy)(original received on Nov. 23, 1999), Completed on: 1999-11-19	Grand Chief Michael Mitchell also known as Kanentakeron
1999-11-19	Motion to state a constitutional question, 5 copies, Completed on: 1999-11-19	The Minister of National Revenue
1999-11-15	Order granting leave to appeal
1999-11-15	Letter acknowledging receipt of notice of appeal
1999-11-08	Notice of appeal, Completed on: 1999-11-08	The Minister of National Revenue
1999-10-15	Notice of deposit of judgment issued to all parties
1999-10-14	Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs
1999-06-28	All materials on application for leave submitted to the Judges, (changed from Ma, Ba, Bi in June 1999), Ia Ma Bi
1999-02-09	Applicant's reply to respondent's argument, Completed on: 1999-02-09	The Minister of National Revenue
1999-02-01	Respondent's response on the application for leave to appeal, Completed on: 1999-02-01	Grand Chief Michael Mitchell also known as Kanentakeron
1999-01-22	Letter acknowledging receipt of a complete application for leave to appeal
1999-01-04	Application for leave to appeal, Completed on: 1999-01-22	The Minister of National Revenue

Parties

Main parties

Main parties - Appellants

Name	Role	Status
The Minister of National Revenue	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Grand Chief Michael Mitchell also known as Kanentakeron	Respondent	Active

Other parties

Other parties

Name	Role	Status
Mohawk Council of Kahnawake	Intervener	Active
Union of New Brunswick Indians	Intervener	Active
The Assembly of First Nations	Intervener	Active
Attorney General of New Brunswick	Intervener	Active
Attorney General of Manitoba	Intervener	Active
Attorney General of Québec	Intervener	Active
Attorney General of British Columbia	Intervener	Active

Counsel

Summary

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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Webcasts

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