Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
27641
Ralph Dick, et al. v. Her Majesty the Queen, et al.
(Federal) (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) |
|---|---|---|
| 2003-10-30 | Correspondence received from, J. Bissell of Justice Dept. dated Oct. 29, 2003 (fax copy) re: names of solicitors for the Queen in reasons for judgment dated Sept. 26, 2003 | Her Majesty the Queen |
| 2003-10-08 | Appeal closed | |
| 2003-09-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-09-26 |
Decision on motion for directions, CJ G Ia Ma Ba Arb LeB De, The motions filed on behalf of the Bands to vacate the judgment rendered by this Court on December 6, 2002, are dismissed. The Crown's motion for directions is dismissed. Each party will bear its own costs. Dismissed |
|
| 2003-09-11 | Correspondence received from, C. Rupar re: confirming that the copy sent Sept. 2/03 is the most legible copy (by fax) | Her Majesty the Queen |
| 2003-09-02 | Correspondence received from, C. Rupar re: enclosing a more legible copy of the Oct. 11/85 memo of R. Green | Her Majesty the Queen |
| 2003-08-25 | Correspondence received from, from Mr. O'Donnell dated Aug. 12/03 re: responding to Mr. Storrow's letter of Aug. 11/03 (all other parties will not be responding) | Her Majesty the Queen |
| 2003-08-11 | Correspondence received, from M. Storrow by fax re: Mr. Storrow's involvement in the matter (original rec'd Aug. 11/2003) (sent to the judges Sept. 12/03) | |
| 2003-06-26 | Transcript received, (76 pages) | |
| 2003-06-23 |
Hearing of motion for directions, 2003-06-23, CJ G Ia Ma Ba Arb LeB De Decision reserved |
|
| 2003-06-23 |
Hearing of miscellaneous motion, 2003-06-12, CJ G Ia Ma Ba Arb LeB De Decision reserved |
|
| 2003-06-23 | Acknowledgement and consent for video taping of proceedings | |
| 2003-06-20 | Book of authorities, on motion for directions (sent to the Court on 06/20/03), Completed on: 2003-06-20 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2003-06-20 | Supplemental document, further submissions on relief and reply to the Attorney General of B.C. (sent to the Court on 06/20/03) | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-06-20 | Book of authorities, on motion for directions and on motion to vacate (sent to the Court on 06/20/03), Completed on: 2003-06-20 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-06-20 | Response to miscellaneous motion, (sent to the Court on 06/20/03), Completed on: 2003-06-20 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2003-06-19 | Book of authorities, on motion to vacate (sent to the Court 06/19/03), Completed on: 2003-06-19 | Attorney General of British Columbia |
| 2003-06-19 | Response to miscellaneous motion, to vacate (bookform)(sent to the Court 06/19/03), Completed on: 2003-06-19 | Attorney General of British Columbia |
| 2003-06-18 | Notice of appearance, (of Osler, Hoskin & Harcourt) | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-06-16 | Correspondence (sent by the Court) to, the parties to convene them to an oral hearing on June 23, 2003 at 9:00 a.m. | |
| 2003-06-16 | Correspondence received from, Michael P. Carroll, Q.C. dated 06/14/03 re: opposes Mr. Foy being granted a right of response at this stage (sent to the Court 06/16/03) | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-06-16 | Correspondence received from, Peter R. Grant dated 06/13/03 re: seek permission to make submissions on motions if the Court grants same to A.G. B.C. (sent to the Court 06/16/03) | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2003-06-13 | Response to miscellaneous motion, (Letter Form), from Graham R. Garton (for J. Vincent O'Donnell, Q.C.) dated 06/13/03 re: opposes both motions to vacate (sent to the Court 06/13/03), Completed on: 2003-06-13 | Her Majesty the Queen |
| 2003-06-13 | Correspondence received from, Patrick G. Foy dated 06/13/03 re: intends to file a response to the motions filed by the Campbell River and the Cape Mudge Indian Bands by June 20, 2003 (sent to the Court 06/13/03) | Attorney General of British Columbia |
| 2003-06-12 |
Submission of miscellaneous motion, 2003-06-12, CJ G Ia Ma Ba Arb LeB De Decision reserved |
|
| 2003-06-12 | Book of authorities, in support of the response to motion for directions (and motion to vacate) (sent to the Court on 06/12/03), Completed on: 2003-06-12 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-06-12 | Notice of miscellaneous motion, to vacate the judgment of this Court (joint with the response to the motion for directions), Completed on: 2003-06-12 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-06-12 | Notice of miscellaneous motion, to vacate the judgment of this Court (joint with response to motion for directions), Completed on: 2003-06-12 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-06-12 | Response to motion for directions, (bookform)(joint with a motion to vacate )(sent to the Court on 06/12/03), Completed on: 2003-06-12 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-06-12 | Response to motion for directions, (bookform)(joint with a motion to vacate)(sent to the Court 06/12/03), Completed on: 2003-06-12 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-06-03 | Correspondence (sent by the Court) to, the appellants re: must file a response to the argument filed on 05/30/03 by 5 p.m. June 12, 2003 | |
| 2003-05-30 | Book of authorities, on motion for directions (sent to the Court 05/30/03), Completed on: 2003-05-30 | Her Majesty the Queen |
| 2003-05-30 | Supplemental document, memorandum of argument on motion for directions filed May 26, 2003 (sent to the Court 05/30/03) | Her Majesty the Queen |
| 2003-05-30 | Correspondence received from, Patrick G. Foy dated 05/30/03 re: requests extension of deadline on motion for direstions (sent to the Court on 05/30/03) | Attorney General of British Columbia |
| 2003-05-30 |
Correspondence received from, Michael P. Carroll dated 05/30/03 re: wants to be given until June 13, 2003 to file submissions (sent to the Court 05/30/03) |
Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-05-30 | Correspondence received from, Allan Donovan dated 05/30/03 re: request an extension of time to June 13, 2003 (sent to the Court on 05/30/03) | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-05-30 | Response to motion for directions, (Letter Form), from E. Ria Tzimas dated 05/30/03 re: will not be taking any position (sent to the Court on 05/30/03), Completed on: 2003-05-30 | Attorney General for Ontario |
| 2003-05-29 | Correspondence received from, Graham R. Garton (for J. Vincent O'Donnell, Q.C.) dated 05/29/03 re: will be filing a response to Wewaykai (Cape Mudge) Indian Band (sent to the Court on 05/30/03) | Her Majesty the Queen |
| 2003-05-28 | Response to motion for directions, (Letter Form), from Allan Donavan dated 05/28/03 re: request that the time for argument be extended (sent to the Court 05/30/03), Completed on: 2003-05-28 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-05-27 | Correspondence (sent by the Court) to, all counsel by fax (dated 05/27/03) re: Court has called written statement outlining their position on the motion for directions by May 30, 2003 | |
| 2003-05-26 |
Submission of motion for directions, 2003-06-23, CJ G Ia Ma Ba Arb LeB De Decision reserved |
|
| 2003-05-26 | Motion for directions, (bookform)(sent to the Court 05/27/03), Completed on: 2003-05-26 | Her Majesty the Queen |
| 2003-05-23 | Correspondence received from, James Bissell, Q.C. re: motion for directions (sent to the Court) | Her Majesty the Queen |
| 2003-04-28 | Record returned to the Registrar of the Court of Appeal | |
| 2003-03-13 | Order on miscellaneous motion, (BY BINNIE, J.) (Revised on March 26/03) | |
| 2003-03-13 |
Decision on miscellaneous motion, to amend the judgment of Dec. 6/02 (revised March 26/03), (see long judgment) Dismissed, with costs |
|
| 2003-03-10 |
Submission of miscellaneous motion, 2003-06-23, Bi Decision reserved |
|
| 2003-02-07 | Response to miscellaneous motion, (fax copy), Completed on: 2003-02-07 | C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2003-02-06 | Response to miscellaneous motion, Completed on: 2003-02-06 | Her Majesty the Queen |
| 2003-02-03 | Response to miscellaneous motion, book form, Completed on: 2003-02-03 | Attorney General of British Columbia |
| 2003-01-28 | Book of authorities, re: motion to vary - 14 copies - book form, Completed on: 2003-01-28 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-01-28 | Notice of miscellaneous motion, (motion to vary the judgment - par. 91 and 95 of reasons for judgment) - 14 copies - book form, Completed on: 2003-01-28 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2003-01-16 | Affidavit, of Celia Asselin sworn 01/15/02 (sic) in response to Mr. McAlpine's letter of 12/23/02 | Her Majesty the Queen |
| 2003-01-16 | General proceeding, (bookform) response to Mr. McAlpine's letter dated 12/23/02 (10 copies) | Her Majesty the Queen |
| 2003-01-16 | Response to motion to amend, (bookform) 10 copies, Completed on: 2003-01-16 | Her Majesty the Queen |
| 2003-01-16 | Response to motion to amend, 10 copies, Completed on: 2003-01-16 | Attorney General of British Columbia |
| 2003-01-16 | Book of authorities, re: motion - 12 copies, Completed on: 2003-01-16 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2003-01-06 | Motion to amend, (the judgment of Dec. 6, 2002/le jugement en date du 6 décembre 2002) - book form/format livre - 13 copies, Completed on: 2003-01-08 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2002-12-23 | Correspondence received from, J. McAlpine dated/datée 23-12-02 (fax copy/télécopieur) re: reasons for judgment/motifs de jugement | Ralph Dick |
| 2002-12-12 | Appeal closed | |
| 2002-12-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-12-06 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeals from the judgment of the Federal Court of Appeal, Number A-655-95, dated October 12, 1999, heard on December 6, 2001 are dismissed with costs. Dismissed, with costs |
|
| 2001-12-19 | Correspondence received from, Davis & Co. dated Dec. 19, 2001 (fax copy) re: further to his letter dated Dec. 7, 2001 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-12-18 | Transcript received, and distributed to the judges (122 pages) | |
| 2001-12-07 | Correspondence received from, Davis & Co. dated Dec. 7, 2001 (fax copy) re: the name of M. Storrow should not appear as counsel for any party | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-12-06 | Acknowledgement and consent for video taping of proceedings | |
| 2001-12-06 | Judgment reserved OR rendered with reasons to follow | |
| 2001-12-06 |
Hearing of the appeal, 2001-12-06, CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-12-06 | Appellant's condensed book, 12 copies | Ralph Dick |
| 2001-12-05 | Respondent's condensed book | Her Majesty the Queen |
| 2001-12-05 | Appellant's condensed book | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-12-05 | Supplemental document, (condensed book) | Attorney General of British Columbia |
| 2001-12-04 | Correspondence received from, P. Grant dated Dec. 3, 2001 re: corrections in the factum (sent to the panel on Dec. 4, 2001) | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-12-03 | Respondent's record, (supplemental record)(sent to the judges on Dec. 3, 2001), Completed on: 2001-12-03 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-11-23 | Book of authorities, (supplemental), Completed on: 2001-11-26 | Ralph Dick |
| 2001-11-16 | Correspondence received from, P. Grant dated Nov. 15, 2001 re: requesting that material on motion to strike be available at the hearing of the appeal (sent to the judges on Nov. 19, 2001) | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-11-14 | Order on motion for additional time to present oral argument, (BY THE COURT) | |
| 2001-11-14 |
Decision on motion for additional time to present oral argument, CJ, by the appellants IT IS HEREBY ORDERED THAT: The schedule will be as follows: Appellant Wewaikai Band (45 min.); Appellant Wewaykum Band (45 min.); Respondent Crown (45 min.); Intervener A.G. Ontario (15 min.); Intervener A.G. British Columbia (15 min.); Intervener Gitanmaax Band et al. (15 min.); reply (5 min.); reply (5 min.). Total 3 hours 10 minutes. Allowed in part, no order as to costs |
|
| 2001-11-14 | Submission of motion for additional time to present oral argument, CJ | |
| 2001-11-13 | Correspondence received from, J. McAlpine dated Nov. 9, 2001 (fax copy) re: motion for additional time | Ralph Dick |
| 2001-11-08 | Response to the motion for additional time to present oral argument, (Letter Form), from R. Pollard dated Nov. 7, 2001 (fax copy)(original received Nov. 13, 2001), Completed on: 2001-11-08 | Her Majesty the Queen |
| 2001-11-08 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO GITANMAAX BAND ET AL. BY BINNIE J.) | |
| 2001-11-07 | Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2001-11-07 | Ralph Dick |
| 2001-11-06 | Correspondence received from, P. Foy dated Nov. 5, 2001 re: requesting that the response on motion to strike filed in October 2001 be available at the hearing of the appeal (sent on Nov. 19, 2001) | Attorney General of British Columbia |
| 2001-11-01 | Intervener's factum, 25 copies (amended) - see order dated Oct. 22, 2001(service of amended factum received Nov. 1, 2001), Completed on: 2001-11-01 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-10-26 | Motion for additional time to present oral argument, (one hour for Wewaikum Band and an hour for Wewaikai Band)(also, enclosing memorandum of argument in support of the motion), Completed on: 2001-10-26 | Ralph Dick |
| 2001-10-22 | Order on motion to strike out, (by the Court) | |
| 2001-10-22 |
Decision on motion to strike out, Arb, The applicants interveners the Gitanmaax Band, the Kispiox Band, and the Glen Vowell Band are seeking to strike paragraphs 95 and 96 of the factum filed by the respondent intervener the Attorney General of British Columbia. The respondent intervener, the Attorney-General of British Columbia, points to some foundation in the record for the statements contained in paragraphs 95 and 96 of its factum. In my view, these references are sufficient to permit the paragraphs to stand. There is no basis to allow the applicants to supplement the existing record. The applicants may file an amended factum, within 10 days, to advance the arguments contained in their motion to strike. The motion is dismissed. Dismissed, no order as to costs |
|
| 2001-10-22 | Submission of motion to strike out, Arb | |
| 2001-10-15 | Reply to motion to strike out, (service received Oct. 17, 2001), Completed on: 2001-10-16 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-10-10 | Response to motion to strike out, (book form), Completed on: 2001-10-10 | Attorney General of British Columbia |
| 2001-10-10 | Response to motion to strike out, (fax copy), Completed on: 2001-10-10 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-10-05 | Book of authorities, Completed on: 2001-10-05 | Attorney General for Ontario |
| 2001-10-05 | Intervener's factum, 23 copies, Incomplete | Attorney General for Ontario |
| 2001-10-04 | Notice of withdrawal | Attorney General for Saskatchewan |
| 2001-10-04 | Motion to strike out, (par. 95 and 96 of A.G. B.C. factum or in the alternative to produce certain documents) - book form, Completed on: 2001-10-04 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-09-28 | Notice of withdrawal | Attorney General of Alberta |
| 2001-09-27 | Order on motion to extend time | |
| 2001-09-21 | Supplemental document, (corrigendum to the factum - 1 page long) (sent to the bench on Sept. 25, 2001) (service received Oct. 4, 2001) | Ralph Dick |
| 2001-09-13 | Notice of hearing | Ralph Dick |
| 2001-09-10 |
Decision on motion to extend time, Reg, to serve and file the factum of the intervener A.G. - Ontario to Oct. 8, 2001. Granted, no order as to costs |
|
| 2001-09-10 | Submission of motion to extend time, Reg | |
| 2001-09-07 | Book of authorities, (vol. 1 and 2), Completed on: 2001-09-07 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-09-07 | Intervener's factum, (see amended factum received on Nov. 1, 2001), Completed on: 2001-09-07 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-09-07 | Book of authorities, Completed on: 2001-09-07 | Attorney General of British Columbia |
| 2001-09-07 | Intervener's factum, Completed on: 2001-09-07 | Attorney General of British Columbia |
| 2001-09-05 |
Appeal hearing scheduled, 2001-12-06 Judgment reserved |
|
| 2001-08-31 | Response to motion to extend time, (Letter Form), J. R. Pollard dated Aug. 30, 2001 (fax copy), Completed on: 2001-08-31 | Her Majesty the Queen |
| 2001-08-29 | Motion to extend time, to file the factum to Oct. 8, 2001 - 1 copy, Completed on: 2001-08-29 | Attorney General for Ontario |
| 2001-08-20 | Notice of appearance, of Michael P. Carroll, Q.C. and Malcolm MacLean at the hearing of the appeal | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-08-16 | Notice of hearing | Ralph Dick |
| 2001-08-07 | Respondent's book of authorities, (see order dated March 14, 2001), Completed on: 2001-08-07 | Ralph Dick |
| 2001-08-07 | Respondent's factum, (see order dated March 14, 2001) re: responding to R. A. Roberts and Wewayakum Indian Band, Completed on: 2001-08-07 | Ralph Dick |
| 2001-08-07 | Respondent's book of authorities, (see order dated March 14, 2001) re: Cape Mudge and Campbell River, Completed on: 2001-08-07 | Her Majesty the Queen |
| 2001-08-07 | Respondent's factum, (see order dated March 14, 2001) re: (Campbell River), Completed on: 2001-08-07 | Her Majesty the Queen |
| 2001-08-07 | Respondent's factum, (see order dated March 14, 2001) re: (Cape Mudge), Completed on: 2001-08-07 | Her Majesty the Queen |
| 2001-08-07 | Respondent's book of authorities, (see order dated March 14, 2001), Completed on: 2001-08-07 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-08-07 | Respondent's record, (see order dated March 14, 2001), Completed on: 2001-08-07 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-08-07 | Respondent's factum, (see order dated March 14, 2001), Completed on: 2001-08-07 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-07-03 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-06-07 | Order on motion to extend time | |
| 2001-06-06 |
Decision on motion to extend time, L'HD, to serve and file a notice of intention to intervene on behalf of the Attorney General of Saskatchewan to May 7, 2001, nunc pro tunc. Granted, no order as to costs |
|
| 2001-06-06 | Submission of motion to extend time, L'HD | |
| 2001-05-28 | Motion to extend time, to file the notice of intervention to May 7, 2001 - 1 copy, Completed on: 2001-05-28 | Attorney General for Saskatchewan |
| 2001-05-24 |
Decision on motion to extend time, Ma, to serve and file a notice of intervention on behalf of the Attorney General of Ontario to May 10, 2001. Granted, no order as to costs |
|
| 2001-05-24 | Submission of motion to extend time, Ma | |
| 2001-05-17 | Response to motion to extend time, Completed on: 2001-05-17 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-05-15 | Response to motion to extend time, Completed on: 2001-05-15 | Ralph Dick |
| 2001-05-10 | Motion to extend time, to file and service the notice of intention to intervene (1 copy), Completed on: 2001-05-10 | Attorney General for Ontario |
| 2001-05-10 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2001-05-08 | Appellant's record, (Joint Appellants' Record) Index Vol. I (Vol. I to XXIV - 12 copies as per decision dated March 14/01), Completed on: 2001-05-08 | Ralph Dick |
| 2001-05-08 | Appellant's book of authorities, Completed on: 2001-05-08 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-05-08 | Appellant's factum, (see decision dated March 14/01) (acknowledgments of service requested for factum, authorities and record - rec'd May 14/01), Completed on: 2001-05-14 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-05-07 | Appellant's book of authorities, Completed on: 2001-05-24 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2001-05-07 | Appellant's factum, (see order of March 14/01), Completed on: 2001-05-24 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2001-05-07 | Notice of intervention respecting a constitutional question, (extension of time requested) | Attorney General for Saskatchewan |
| 2001-05-04 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2001-04-24 | Notice of intervention respecting a constitutional question, (fax copy)(original received on April 27, 2001) | Attorney General of British Columbia |
| 2001-04-23 | General proceeding, (notice of change of agent from Borden, Ladner to Burke-Robertson) | Attorney General of British Columbia |
| 2001-04-05 | Notice of constitutional question(s) | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-04-03 | Order on motion to state a constitutional question | |
| 2001-03-28 |
Decision on the motion to state a constitutional question, CJ, 1. Can the British Columbia Statute of Limitations, R.S.B.C. 1936 and subsequent enactments and amendments and the British Columbia Limitation Act, R.S.B.C. 1979, together with the Federal Court Act, R.S.C. 1985, c. F-7, particularly s. 39, constitutionally apply to extinguish any right and title of an Indian Band to the Campbell River and Quinsam Indian Reserves in British Columbia, or any right to compensation in lieu of such right or title? 2. Can British Columbia Order in Council No. 1036, dated July 28, 1938, constitutionally apply to alter any pre-existing Band entitlement to the Campbell River and Quinsam Indian Reserves in British Columbia? Notices of intervention are to be filed on or before May 4, 2001. Granted, no order as to costs |
|
| 2001-03-27 | Order on miscellaneous motion | |
| 2001-03-22 | Order on motion for leave to intervene, (by the Court) | |
| 2001-03-22 |
Decision on the motion for leave to intervene, Bi, and extension of time of the GITANMAAX BAND, the GLEN VOWELL BAND and the KISPIOX BAND. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners ( 15 MINUTES ORAL ARGUMENT GRANTED NOV 8, 2001). The interveners are to be limited to the legal issues raised by the parties or that otherwise arise out of the specific subject matter of this appeal. The request by some of the parties to file a reply factum to the factum of the Attorney General of British Columbia is dismissed without prejudice to the renewal of such application after the said intervener's factum has been filed. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs |
|
| 2001-03-22 |
Decision on the motion for leave to intervene, Bi, by the ATTORNEY GENERAL OF BRITISH COLUMBIA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners(ORAL ARGUMENT UNDER RULE 18 IS DENIED NOV.8, 2001). The interveners are to be limited to the legal issues raised by the parties or that otherwise arise out of the specific subject matter of this appeal. The request by some of the parties to file a reply factum to the factum of the Attorney General of British Columbia is dismissed without prejudice to the renewal of such application after the said intervener's factum has been filed. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs |
|
| 2001-03-22 | Submission of motion for leave to intervene, Bi | |
| 2001-03-14 | Order on miscellaneous motion, (revised Mar. 27) | |
| 2001-03-14 |
Decision on miscellaneous motion, Reg, The parties are permitted to serve and file 12 copies of a joint record on or before May 8, 2001. The time to serve and file the appellants' factums and books of authorities is extended to May 8, 2001. The time to serve and file respondents' factums and book of authorities is extended to August 7, 2001. Allowed in part, no order as to costs |
|
| 2001-03-14 | Submission of miscellaneous motion, Reg | |
| 2001-03-13 | Affidavit, from John Pollard re: additional information with respect to the extension of time to Sept. 7, 2001. | Her Majesty the Queen |
| 2001-03-12 | Response to the motion for leave to intervene, (1 copy), Completed on: 2001-03-12 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2001-03-08 | Response to the motion for leave to intervene, (5 copies), Completed on: 2001-03-08 | Her Majesty the Queen |
| 2001-03-05 | Response to the motion for leave to intervene, 5 copies, Completed on: 2001-03-05 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-02-28 | Response to miscellaneous motion, (Letter Form), from R. Pollard dated Feb. 27, 2001 (fax copy), Completed on: 2001-02-28 | Her Majesty the Queen |
| 2001-02-28 | Notice of miscellaneous motion, (to file a joint record, to extend the time to May 8, 2001 and to reduce number of copies to 12 and to file their individual response to the adverse Appellant's factum on Sept. 7, 2001)(original of the affidavit received on March 1, 2001), Completed on: 2001-02-28 | Ralph Dick |
| 2001-02-26 | Motion for leave to intervene, to file a factum and present oral argument (joint with extension of time) (3 copies of R. Freedman's Affidavit - Marjorie McRae's Affidavit - Maxwell Stevens' s Affidavit and Submissions), Completed on: 2001-03-15 | Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band |
| 2001-02-14 | Submission of motion to state a constitutional question, CJ | |
| 2001-02-12 | Response to the motion for leave to intervene, Completed on: 2001-02-12 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2001-01-15 | Response to the motion for leave to intervene, Completed on: 2001-01-15 | Her Majesty the Queen |
| 2001-01-15 | Reply to the motion to state a constitutional question, 1 copy, Completed on: 2001-01-15 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-01-12 | Reply to the motion to state a constitutional question, (fax copy), Completed on: 2001-01-12 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2001-01-11 | Response to the motion to state a constitutional question, (responding to Wewaykai - Cape Mudge) - 5 copies, Completed on: 2001-01-11 | Her Majesty the Queen |
| 2001-01-11 | Response to the motion to state a constitutional question, (responding to Wewaykum - Campbell River Band) - 5 copies, Completed on: 2001-01-11 | Her Majesty the Queen |
| 2001-01-10 | Response to the motion for leave to intervene, (fax copy), Completed on: 2001-01-22 | Ralph Dick |
| 2001-01-10 | Reply to the motion to state a constitutional question, (fax copy), Completed on: 2001-01-22 | Daniel Billy, Elmer Dick, Stephen Assu and James D. Wilson, suing on behalf of all other members of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2001-01-08 | Response to the motion to state a constitutional question, 1 copy, Completed on: 2001-01-08 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-01-04 | Motion to state a constitutional question, Completed on: 2001-01-04 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2001-01-03 | Motion for leave to intervene, (joint with 30 pages and 30 minutes in length) - 5 copies, Completed on: 2001-01-09 | Attorney General of British Columbia |
| 2001-01-02 | Motion to state a constitutional question, 2 copies, Completed on: 2001-01-02 | Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) |
| 2000-11-22 | Appeal court record, (joint with Trial Court record) 15 bundles - 11 boxes - 2 accordion files - 1 map | |
| 2000-11-22 | Order granting leave to appeal | |
| 2000-11-22 | Letter acknowledging receipt of notice of appeal | |
| 2000-11-22 | Letter acknowledging receipt of notice of appeal | |
| 2000-11-16 | Letter acknowledging receipt of notice of appeal | |
| 2000-11-08 | Notice of appeal, Completed on: 2000-11-29 | Ralph Dick |
| 2000-11-07 | Notice of deposit for security, (cancelled on Nov. 15/00 and asked Finance to reimburse Davis & Company - $500.00 not necessary in this matter (F.C.A. - civil matter)) | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2000-11-07 | Notice of appeal, Completed on: 2000-11-07 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2000-10-17 | Notice of deposit of judgment issued to all parties | |
| 2000-10-12 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted. Granted, no order as to costs |
|
| 2000-06-05 | All materials on application for leave submitted to the Judges, CJ Ia Ma | |
| 2000-03-03 | Applicant's reply to respondent's argument, (reply to the response of Her Majesty the Queen (re: Campbell River)(see order dated Jan. 6, 2000), Completed on: 2000-03-03 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2000-03-02 | Applicant's reply to respondent's argument, (to Her Majesty the Queen)(see order of Jan. 6/00), Completed on: 2000-03-16 | Ralph Dick |
| 2000-02-21 | Applicant's reply to respondent's argument, (to Campbell River Indian Band), Completed on: 2000-02-24 | Ralph Dick |
| 2000-02-21 | Applicant's reply to respondent's argument, (to Cape Mudge Indian Band) (acknowledgments of service requested), Incomplete | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2000-02-14 | Respondent's response on the application for leave to appeal, (see order of Jan. 6/00), Completed on: 2000-02-18 | Ralph Dick |
| 2000-02-14 | Respondent's response on the application for leave to appeal, (see order of Jan. 6/00) (to Cape Mudge Band), Completed on: 2000-02-14 | Her Majesty the Queen |
| 2000-02-14 | Respondent's response on the application for leave to appeal, (see order of Jan. 6/00) (to Campbell River Band), Completed on: 2000-02-14 | Her Majesty the Queen |
| 2000-02-14 | Respondent's response on the application for leave to appeal, (see order of Jan. 6/00), Completed on: 2000-02-14 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 2000-01-06 | Order on motion to extend time | |
| 2000-01-06 |
Decision on motion to extend time, Reg, to serve & file the respondent's response to both applications for leave to appeal to Feb. 14, 2000 and to serve & file the applicants' replies to March 3, 2000. Granted, no order as to costs |
|
| 2000-01-06 | Submission of motion to extend time, Reg | |
| 2000-01-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-12-23 | Response to motion to extend time, (from Davis & Co.), Completed on: 1999-12-23 | Roy Anthony Roberts |
| 1999-12-23 | Motion to extend time, to file the respondent's response to Feb. 14, 2000 and the reply by Cape Mudge Band and the Campbell River Band to March 3, 2000, Completed on: 2000-01-05 | Her Majesty the Queen |
| 1999-12-13 | Application for leave to appeal, (second application), Completed on: 1999-12-13 | Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) |
| 1999-12-10 | Application for leave to appeal, vol. 1 and 2 (first application), Completed on: 1999-12-23 | Ralph Dick |
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 |
|---|---|---|
| Dick, Ralph | Appellant | Active |
| Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Roberts, Roy Anthony | Appellant | Active |
| C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Dick, Ralph | Respondent | Active |
| Daniel Billy, Elmer Dick, Stephen Assu and James D. Wilson, suing on behalf of all other members of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Dick, Ralph
Counsel
Names
John D. McAlpine, Q.C.
Allan Donovan
Allan Donovan
Contact information
McAlpine & Associates
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Daniel Billy, Elmer Dick, Stephen Assu, Godfrey Price, Allen Chickite, and Lloyd Chickite, suing on behalf of all other member of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
Counsel
Names
John D. McAlpine, Q.C.
Allan Donovan
Allan Donovan
Contact information
McAlpine & Associates
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Roberts, Roy Anthony
Counsel
Names
Michael P. Carroll, Q.C.
Malcolm Maclean
Emmet J. Duncan
Monika B. Gehlen
Malcolm Maclean
Emmet J. Duncan
Monika B. Gehlen
Contact information
Davis & Company
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
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
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
Counsel
Names
Michael P. Carroll, Q.C.
Malcolm Maclean
Emmet J. Ducan
Monika B. Gehlen
Malcolm Maclean
Emmet J. Ducan
Monika B. Gehlen
Contact information
Davis & Company
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
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
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Her Majesty the Queen
Counsel
Names
J. Raymond Pollard
Georg Daniel Reuter
Mitchell R. Taylor
J. Vincent O'Donnell, Q.C.
Jean Bélanger
Georg Daniel Reuter
Mitchell R. Taylor
J. Vincent O'Donnell, Q.C.
Jean Bélanger
Contact information
Richards Buell Sutton
#700 - 401 West Georgia Street
Vancouver, British Columbia
V6B 5A2
Telephone: (604) 661-9215
FAX: (604) 688-3830
Email: jrpollard@rbs.com
#700 - 401 West Georgia Street
Vancouver, British Columbia
V6B 5A2
Telephone: (604) 661-9215
FAX: (604) 688-3830
Email: jrpollard@rbs.com
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Roy Anthony Roberts, C. Aubrey Roberts and John Henderson, suing on their own behalf and on behalf of all other members of the Wewaykum Indian Band (also known as the Campbell River Indian Band)
Counsel
Names
Michael P. Carroll, Q.C.
Malcolm O. Maclean
Emmet J. Duncan
Monika B. Gehlen
Marvin R.V. Storrow, Q.C.
Malcolm O. Maclean
Emmet J. Duncan
Monika B. Gehlen
Marvin R.V. Storrow, Q.C.
Contact information
Davis & Company
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
2800 Park Place
666 Burrard St
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 687-9444
FAX: (604) 687-1612
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
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Daniel Billy, Elmer Dick, Stephen Assu and James D. Wilson, suing on behalf of all other members of the Wewaykai Indian Band (also known as The Cape Mudge Indian Band)
Counsel
Names
John D. McAlpine, Q.C.
Allan Donovan
Allan Donovan
Contact information
McAlpine & Associates
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of British Columbia
Counsel
Names
Patrick G. Foy, Q.C.
Richard J.M. Fyfe
Richard J.M. Fyfe
Contact information
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Gitanmaax Indian Band, Kispiox Indian Band and Glen Vowell Indian Band
Counsel
Names
Peter R. Grant
Robert C. Freedman
David Schulze
Robert C. Freedman
David Schulze
Contact information
Hutchins, Soroka, Grant
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
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 WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General for Ontario
Counsel
Names
E. Ria Tzimas
J.T.S. McCabe, Q.C.
J.T.S. McCabe, Q.C.
Contact information
Attorney General of Ontario
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4930
FAX: (416) 326-4181
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4930
FAX: (416) 326-4181
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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
September 19, 1995
Federal Court of Canada, Trial Division
T-2652-85, T-951-89
Federal Court of Canada, Trial Division
T-2652-85, T-951-89
See file
October 12, 1999
Federal Court of Appeal
A-655-95
Federal Court of Appeal
A-655-95
See file
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
Related links
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
Related links
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
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Related links
Date modified: 2025-05-13