Case information
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28981
Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests v. Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band, et al.
(British Columbia) (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) |
|---|---|---|
| 2004-06-09 | Record returned to the Registrar of the Court of Appeal | |
| 2003-12-18 | Appeal closed | |
| 2003-12-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-12-12 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA27594 and CA27595, dated November 5, 2001, heard on June 9, 2003 is dismissed with costs, Iacobucci, Major and Bastarache JJ. dissenting. Dismissed, with costs |
|
| 2003-06-25 | Transcript received, 119 pages (related to 28988) | |
| 2003-06-25 |
Decision on motion to extend time, to serve and file the intervener, A.G. Qc's book of authorities to May 23/03, Reg Granted |
|
| 2003-06-25 | Submission of motion to extend time, Reg | |
| 2003-06-25 | Order on motion to extend time | |
| 2003-06-25 |
Decision on motion to extend time, to serve and file the interveners, Songhees Indian Band, et al, book of authorities to May 28/03, Reg Granted |
|
| 2003-06-25 | Submission of motion to extend time, Reg | |
| 2003-06-18 | Response to motion to extend time, (Letter Form), from Burke-Robertson dated June 18, 2003 (via e-mail)(joint with 28988) re: extension by A.G Quebec, Completed on: 2003-06-18 | Attorney General of British Columbia |
| 2003-06-09 | Respondent's condensed book, (Joint with 28988) | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-06-09 | Appellant's condensed book, (Joint with 28988) | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-06-09 | Judgment reserved OR rendered with reasons to follow, (Joint with 28988) | |
| 2003-06-09 |
Hearing of the appeal, 2003-06-09, (Joint with 28988) (V056-057), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-06-09 | Acknowledgement and consent for video taping of proceedings, (Joint with 28988) | |
| 2003-06-06 | Notice of appearance | Attorney General of Quebec |
| 2003-06-06 | Supplemental document, (condensed book) | Attorney General of Canada |
| 2003-06-05 | Correspondence received from, (from Gowlings) | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-06-05 | Notice of appearance, (from Gowlings) | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-06-04 | Notice of appearance, from Gowlings | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-06-04 |
Order by, Ma, IT IS HEREBY ORDERED THAT the following interveners are granted permission to present oral argument at the hearing of the appeal not to exceed the time allowed respectively to each of them as follows: - Attorney General of Canada 15 minutes; - Attorney General of Ontario 10 minutes; - Attorney General of Quebec 10 minutes; - Songhees Indian Band, et al 10 minutes; - Roger William 10 minutes IT IS HEREBY FURTHER ORDERED THAT oral argument is denied to the following interveners: the Attorney General of New Brunswick, the Attorney General of British Columbia and the Attorney General of Alberta. Allowed in part |
|
| 2003-06-03 | Correspondence received from, (their submission are left to the appellant) Joint with 28988 | Attorney General of British Columbia |
| 2003-05-30 | Response to motion to extend time, (back cover page of motion - joint with 28988), Completed on: 2003-05-30 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-05-30 | Motion to extend time, to serve and file the Book of Authorities to May 28/03 (joint with 28988), Completed on: 2003-05-30 | Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations") |
| 2003-05-30 | Book of authorities, (Joint with 28988), Completed on: 2003-05-30 | Attorney General of Ontario |
| 2003-05-30 | Intervener's factum, (Joint with 28988), Completed on: 2003-05-30 | Attorney General of Ontario |
| 2003-05-30 | Notice of appearance, from Attorney General of Canada | Attorney General of Canada |
| 2003-05-29 | Response to motion to extend time, (by e-mail - joint with 28988), Completed on: 2003-05-29 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-05-29 | Motion to extend time, to serve and file the authorities to May 23/03 (joint with 28988), Completed on: 2003-05-29 | Attorney General of Quebec |
| 2003-05-28 | Book of authorities, (Joint with 28988) extension of time requested, Completed on: 2003-06-02 | Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations") |
| 2003-05-27 | Notice of appearance, for the Attorney General of Ontario (Joint with 28988) | Attorney General of Ontario |
| 2003-05-27 | Notice of appearance, (Joint with 28988) | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-05-26 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2003-05-26 |
Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the Attorney General of Canada is granted and the applicant shall be entitled to serve and a single factum not to exceed 20 pages in length in the two appeals. 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. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
|
| 2003-05-23 | Book of authorities, (joint with 28988 and extension of time requested), Completed on: 2003-05-30 | Attorney General of Quebec |
| 2003-05-22 | Submission of motion for leave to intervene, Ma | |
| 2003-05-22 | Notice of withdrawal | Attorney General for Saskatchewan |
| 2003-05-21 | Intervener's factum, (joint with 28988), Completed on: 2003-05-21 | Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations") |
| 2003-05-21 | Book of authorities, (Joint with 28988), Completed on: 2003-05-21 | Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation |
| 2003-05-21 | Intervener's factum, (Joint with 28988), Completed on: 2003-05-21 | Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation |
| 2003-05-21 | Book of authorities, Completed on: 2003-05-21 | Attorney General of British Columbia |
| 2003-05-21 | Intervener's factum, Completed on: 2003-05-21 | Attorney General of British Columbia |
| 2003-05-21 | Book of authorities, (Joint with 28988), Completed on: 2003-05-21 | Attorney General of Alberta |
| 2003-05-21 | Intervener's factum, (Joint with 28988), Completed on: 2003-05-21 | Attorney General of Alberta |
| 2003-05-21 | Book of authorities, Completed on: 2003-05-21 | Attorney General of Canada |
| 2003-05-21 | Intervener's factum, Completed on: 2003-05-21 | Attorney General of Canada |
| 2003-05-21 | Intervener's factum, (joint with 28988), Completed on: 2003-05-21 | Attorney General of Quebec |
| 2003-05-21 | Book of authorities, (joint with 28988 - 13 copies rec'd May 20/03 14th copy with service rec'd May 21/03), Completed on: 2003-05-21 | Attorney General of New Brunswick |
| 2003-05-20 | Intervener's factum, (joint with 28988), Completed on: 2003-05-20 | Attorney General of New Brunswick |
| 2003-05-16 | Correspondence received from, B. McLaughlin dated May 16/03 (by fax) re: further correspondence to his letter dated May 15/03 | Attorney General of Canada |
| 2003-05-16 | Correspondence received from, B. McLaughlin dated May 15/03 (by fax) re: status of application by Attorney General of Canada | Attorney General of Canada |
| 2003-05-15 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2003-05-15 |
Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the Attorney General of Ontario is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before May 30, 2003. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
|
| 2003-05-15 | Submission of motion for leave to intervene, Ma | |
| 2003-05-14 | Appellant's book of authorities, (joint with 28988 re: REPLY FACTUM), Completed on: 2003-05-14 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-05-14 | Reply factum on appeal, Completed on: 2003-05-14 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-05-14 | Notice of withdrawal | Attorney General of Manitoba |
| 2003-05-14 | Correspondence (sent by the Court) to, all parties from Registrar: abandonment of const. questions - interveners who have filed notices of intervention under Rule 61 need not seek leave to intervene under Rule 59. The Court is prepared to received submissions by parties on the const. issues | |
| 2003-05-09 | Order on motion for leave to intervene, (BY CHIEF JUSTICE) | |
| 2003-05-09 |
Decision on the motion for leave to intervene, CJ, The motion for leave to intervene of the applicant, Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation is granted, and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The factum shall be served and filed no later than May 21, 2003. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Granted |
|
| 2003-05-09 | Correspondence received from, M. Unsworth dated May 9, 2003 (fax copy) re: abandonment of const. questions (joint with 28988) | Attorney General of Alberta |
| 2003-05-07 | Correspondence received from, G. Bourgeois dated May 7, 2003 (fax copy) re: notice of abandonment for const. questions (joint with 28988) - sent to the judges on May 8, 2003 | Attorney General of New Brunswick |
| 2003-05-06 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated May 6, 2003 (via e-mail) re: intervention by A. G. Ontario, Completed on: 2003-05-06 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-05-06 | Response to the motion for leave to intervene, (Letter Form), from P. Foy dated May 6, 2003 (fax copy) re: intervention by A.G. Canada (joint with 28988) - conditional, Completed on: 2003-05-06 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-05-06 | Response to the motion for leave to intervene, (Letter Form), from P. Foy dated May 6, 2003 (fax copy) re: intervention by A.G. Ontario (joint with 28988), Completed on: 2003-05-06 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-05-06 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated May 6, 2003 (via e-mail) re: intervention by A.G. Canada, Completed on: 2003-05-06 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-05-06 | Discontinuance of motion to state a constitutional question, (joint with 28988 - sent to the judges May 7/03) | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-05-06 | Appeal court record, (1 envelope - joint with 28988) | |
| 2003-05-05 | Motion for leave to intervene, (under Rule 55)(joint with 28988 and 29292) - book form, Completed on: 2003-05-05 | Attorney General of Ontario |
| 2003-04-30 | Respondent's book of authorities, (Joint with 28988), Completed on: 2003-04-30 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-04-30 | Respondent's factum, Completed on: 2003-04-30 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-04-30 | Respondent's record, Completed on: 2003-04-30 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-04-29 | Motion for leave to intervene, (under rule 55)(joint with 28988), Completed on: 2003-04-29 | Attorney General of Canada |
| 2003-04-28 | Order on motion for leave to intervene | |
| 2003-04-28 |
Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicants Songhees Indian Band, the T'Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band are granted and the applicants shall be entitled to serve and file one factum not to exceed 15 pages in length in the two appeals. Granted |
|
| 2003-04-28 | Submission of motion for leave to intervene, De | |
| 2003-04-24 | Submission of motion for leave to intervene, CJ | |
| 2003-04-09 | Appellant's book of authorities, Vol. I to IV (joint with 28988), Completed on: 2003-04-14 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-04-09 | Appellant's record, Completed on: 2003-04-14 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-04-09 | Appellant's factum, Completed on: 2003-04-14 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-04-07 | Motion for leave to intervene, (joint with misc. motion filed in 29292), Completed on: 2003-04-07 | Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation |
| 2003-04-04 | Response to the motion for leave to intervene, from Gowlings dated April 4, 2003 (via e-mail)(joint with 28988), Completed on: 2003-04-04 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-04-01 | General proceeding, memorandum of argument for intervention (joint with 28988) | Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations") |
| 2003-03-27 | Response to the motion for leave to intervene, (joint with 28988), Completed on: 2003-03-27 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-03-17 | Motion for leave to intervene, (joint with 28988), Completed on: 2003-03-17 | Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations") |
| 2003-03-17 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2003-03-17 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2003-03-17 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2003-03-17 | Notice of hearing sent to parties | |
| 2003-03-14 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2003-03-14 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2003-03-13 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2003-03-12 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2003-03-11 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2003-03-11 | Appeal perfected for hearing, Session beginning on 2003-04-07 | |
| 2003-03-11 |
Appeal hearing scheduled, 2003-06-09, (Joint wigh 28988) Judgment reserved |
|
| 2003-03-06 | Order on miscellaneous motion, (BY CHIEF JUSTICE) | |
| 2003-03-06 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by counsel for the Respondents for an order to set a filing schedule so that the appeal may proceed as tentatively set for June 9, 2003 and for an order abridging the time for responding to this motion; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1. The application to set a filing schedule is granted in part; 2. The time to serve and file the Appellant's record, factum and book of authorities in each of the appeals is abridged to April 9, 2003; 3. The time to serve and file the Respondents' record, factum and book of authorities in each of the appeals is abridged to April 30, 2003; 4. The time to serve and file the factum of the Interveners pursuant to Rule 61 of the Rules of the Supreme Court, if any, is abridged to May 21, 2003; 5. The application for an order abridging the time for responding to the motion is denied. Allowed in part |
|
| 2003-03-05 | Correspondence (sent by the Court) to, Mr. M. Crow, by fax, from the Registrar, dated march 5/03 RE: Permission to be involved with A.G. Ontario, granted | |
| 2003-03-05 | Correspondence received, from Mr. Mark Crow, dated March 3/03 RE: Permission to be involved with A.G. Ontario | |
| 2003-03-04 | Submission of miscellaneous motion, CJ | |
| 2003-03-03 | Reply to miscellaneous motion, (Letter Form), from E. Van Bemmel (by E-mail) re: will not file a Reply, Completed on: 2003-03-03 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-02-28 | Response to miscellaneous motion, book form (joint with 28988), Completed on: 2003-02-28 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-02-25 | Notice of miscellaneous motion, (to set the hearing of this appeal for June 9, 2003 and to abridge time for responding to this motion), Completed on: 2003-02-25 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2003-02-20 | Notice of constitutional question(s) | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2003-02-17 | Order on motion to state a constitutional question | |
| 2003-02-13 |
Decision on the motion to state a constitutional question, INTERVENTIONS BY MARCH 17, 2003, CJ, 1. Is Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, inconsistent with the respondents' rights under s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances of this case? 2. Is a common law rule to the effect that, subject to the court's discretion, a prevailing party is entitled to its costs of a proceeding only at the conclusion of the proceeding, inconsistent with the respondents' rights under s. 35 of the Constitution Act, 1982 and therefore constitutionally inapplicable to them in the circumstances of this case? 3. Is Rule 57 of the British Columbia Supreme Court Rules, B.C. Reg. 221/90, inconsistent with a right of access to justice protected by the Preamble of the Canadian Charter of Rights and Freedoms and therefore constitutionally inapplicable to the respondents in the circumstances of this case? 4. Is a common law rule to the effect that, subject to the court's discretion, a prevailing party is entitled to its costs of a proceeding only at the conclusion of the proceeding, inconsistent with a right of access to justice protected by the Preamble of the Canadian Charter of Rights and Freedoms and therefore constitutionally inapplicable to the respondents in the circumstances of this case? Allowed in part |
|
| 2003-01-27 | Submission of motion to state a constitutional question, CJ | |
| 2002-11-27 | Response to the motion to state a constitutional question, Completed on: 2002-11-29 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-11-27 | Correspondence received from, (by fax) Patrick Foy; re: tentatively set down for June 9-10/03 to be heard with 29292 - 28988 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-11-18 | Motion to state a constitutional question, Completed on: 2002-11-18 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2002-11-18 | Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 9/03) | |
| 2002-10-28 | Notice of appeal, Completed on: 2002-10-28 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-10-18 | Judgment on leave sent to the parties | |
| 2002-10-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA27594, dated November 5, 2001, is granted. Granted |
|
| 2002-08-08 | Correspondence received from, Robert J.C. Deane (by fax) dated August 8/02 to confirm that he does not object the Tsihlqot'in judgment being placed before the panel (joint with 28988)(sent to panel Aug. 13/02) | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-07-31 | Supplemental document, copy of a B.C. Court of Appeal judgment in Tsilhqot'in Nation v. Canada (Attorney General)(joint with 28988)(sent to the panel Aug. 13/02) | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2002-07-02 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-03-18 | Bill of costs, (settled - Do not tax), Completed on: 2002-03-18 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2002-03-06 | Applicant's reply to respondent's argument, Completed on: 2002-03-06 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-02-27 | Respondent's response on the application for leave to appeal, Completed on: 2002-02-27 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
| 2002-02-13 | Letter acknowledging receipt of a complete application for leave to appeal, (revised sent on July 3, 2002 re: style of cause) | |
| 2002-02-12 | Application for leave to appeal, (previously filed on Dec. 24, 2001-see order of Major J. of Feb 7, 2002), Completed on: 2002-02-13 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-02-07 | Order on motion to strike out, (by the Court) | |
| 2002-02-07 |
Decision on motion to strike out, Ma, 1. The motion to strike the affidavit of Joseph Whiteside filed in support of the application for leave to appeal is granted with costs; 2. The respondent shall have 15 days from the date the revised application for leave to appeal is refiled to serve and file its response to the leave application. Granted, with costs |
|
| 2002-02-06 | Submission of motion to strike out, Ma | |
| 2002-01-25 | Response to motion to strike out, (bookform)(joint with 28988)(joint with response to extension of time), Completed on: 2002-01-25 | Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests |
| 2002-01-18 | Motion to strike out, the affidavit of Joseph Whiteside dated Dec. 20/01 (bookform)(joint with motion to extend time to file the respondent's response), Completed on: 2002-01-18 | Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band |
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 |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band | Respondent | Active |
| Chief Stuart Lee, in his personal capacity and as representative of the Spallumcheen Indian Band, Chief Arthur Manuel, in his personal capacity and as representative of the Neskonlith Indian Band | Respondent | Active |
| David Anthony Nordquist, in his personal capacity and as representative of the Adams Lake Indian Band, the Spallumcheen Indian Band and the Neskonlith Indian Band | Respondent | Active |
| and all other persons engaged in the cutting, damaging or destroying of Crown Timber at Timber Sale Licence A38029, Block 2 | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
| Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations") | Intervener | Active |
| Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of the Province of British Columbia, as represented by the Minister of Forests
Counsel
Names
Patrick G. Foy, Q.C.
Robert J.C. Deane
Robert J.C. Deane
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: Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band
Counsel
Names
Louise Mandell, Q.C.
Reidar Mogerman
Clarine Ostrove
Michael Jackson, Q.C.
Reidar Mogerman
Clarine Ostrove
Michael Jackson, Q.C.
Contact information
Mandell Pinder
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.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: Chief Stuart Lee, in his personal capacity and as representative of the Spallumcheen Indian Band, Chief Arthur Manuel, in his personal capacity and as representative of the Neskonlith Indian Band
Counsel
Name
Louise Mandell, Q.C.
Contact information
Mandell Pinder
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.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: David Anthony Nordquist, in his personal capacity and as representative of the Adams Lake Indian Band, the Spallumcheen Indian Band and the Neskonlith Indian Band
Counsel
Name
Louise Mandell, Q.C.
Contact information
Mandell Pinder
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.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: and all other persons engaged in the cutting, damaging or destroying of Crown Timber at Timber Sale Licence A38029, Block 2
Counsel
Name
Louise Mandell, Q.C.
Contact information
Mandell Pinder
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
500 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.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 Alberta
Counsel
Name
Margaret Unsworth
Contact information
Attorney General of Alberta
9833 - 109th St NW
4th Fl
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0072
FAX: (780) 425-0307
9833 - 109th St NW
4th Fl
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0072
FAX: (780) 425-0307
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 Ontario
Counsel
Names
Lori R. Sterling
Mark Crow
Mark Crow
Contact information
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4999
FAX: (416) 326-4181
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4999
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
Party: Attorney General of Quebec
Counsel
Names
René Morin
Gilles Laporte
Brigitte Bussières
Gilles Laporte
Brigitte Bussières
Contact information
Procureur général du Québec
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: rmorin@justice.gouv.qc.ca
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: rmorin@justice.gouv.qc.ca
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of British Columbia
Counsel
Name
George H. Copley, Q.C.
Contact information
Attorney General of British Columbia
1301 - 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: neena.sharma@gems9.gov.bc.ca
1301 - 865 Hornby Street
Victoria, British Columbia
V6Z 2G3
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: neena.sharma@gems9.gov.bc.ca
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: Attorney General of Canada
Counsel
Names
Cheryl J. Tobias
Brian McLaughlin
Brian McLaughlin
Contact information
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: cheryl.tobias@justice.gc.ca
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: cheryl.tobias@justice.gc.ca
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Attorney General of New Brunswick
Counsel
Name
Gabriel Bourgeois, Q.C.
Contact information
Attorney General of New Brunswick
P.O. Box 6000, Room 444
670 King St., Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275
P.O. Box 6000, Room 444
670 King St., Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275
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: Songhees Indian Band, the T’Sou-ke First Nation, the Nanoose First Nation and the Beecher Bay Indian Band (collectively the "Te’mexw Nations")
Counsel
Names
Robert J. M. Janes
Dominique Nouvet
Dominique Nouvet
Contact information
Cook, Roberts
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
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: Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations government and on behalf of all other members of the Tsilhqot'in Nation
Counsel
Names
David M. Robbins
Joseph J. Arvay, Q.C.
Joseph J. Arvay, Q.C.
Contact information
Woodward & Company
844 Courtney Street, 2nd Floor
Victoria, British Columbia
V8W 1C4
Telephone: (250) 383-2356
FAX: (250) 380-6560
Email: david@woodwardandcompany.com
844 Courtney Street, 2nd Floor
Victoria, British Columbia
V8W 1C4
Telephone: (250) 383-2356
FAX: (250) 380-6560
Email: david@woodwardandcompany.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
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
July 25, 2000
Supreme Court of British Columbia
23914
Supreme Court of British Columbia
23914
Appellant's application to remit matter to the trial list granted without the condition that the Crown pay the Respondents' legal costs in advance in any event of the cause
November 5, 2001
Court of Appeal for British Columbia (Vancouver)
CA27594
Court of Appeal for British Columbia (Vancouver)
CA27594
Appeal from order remitting the proceedings to the trial list dismissed; appeal on the costs issue allowed
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
Not available
Related links
Date modified: 2025-05-13