Case information
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29292
The Regional Manager of the Cariboo Forest Region, et al. v. 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, 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) |
|---|---|---|
| 2004-06-10 | Appeal closed | |
| 2004-06-09 | Record returned to the Registrar of the Court of Appeal | |
| 2004-01-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-01-12 | Correspondence received from, C. J. Tobias dated Jan. 9/04 (by fax) re: disregard paragraph 5 of submissions (original received on Jan. 16, 2004) | Attorney General of Canada |
| 2004-01-12 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal is remanded to the British Columbia Supreme Court to be dealt with in accordance with the reasons of theis Court in British Columbia (Minister of Forests) v. Okanagan Indian Band, 2003 SCC 71. Remand |
|
| 2004-01-09 | Correspondence received from, P.G. Foy (by fax) re: affidavit in support of supplementary submissions | The Regional Manager of the Cariboo Forest Region |
| 2004-01-07 | Correspondence received from, from Cheryl J. Tobias - re: remand to court of appeal | Attorney General of Canada |
| 2004-01-07 | Correspondence received from, from Jack Woodward - Re: remand to court of appeal | 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 |
| 2004-01-07 | Correspondence received from, from Patrick G. Foy - Re: remand to court of appeal | The Regional Manager of the Cariboo Forest Region |
| 2004-01-05 | Hearing of the appeal, 2004-01-22, Fictitious date for purposes of reports only., CJ Ia Ma Ba Bi Arb LeB De F | |
| 2004-01-05 | Correspondence (sent by the Court) to, To all parties -Re: Remand to court of appeal | |
| 2003-12-24 | Notice of miscellaneous motion, to file suppl. submissions to the affidavit R. Deane and to file the affidavit of Joyce Thayer, Completed on: 2003-12-24 | The Regional Manager of the Cariboo Forest Region |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 | Reply factum on appeal, (see Binnie J.'s order of Oct. 27/03), Completed on: 2003-11-20 | The Regional Manager of the Cariboo Forest Region |
| 2003-11-20 | Appeal hearing scheduled, 2004-01-22, (previously Oct. 15/03) | |
| 2003-10-27 |
Order by, Bi, UPON APPLICATIONS by the Attorney General of Ontario and the Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band 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, 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 and all other persons engaged in the cutting, damaging or destroying of Crown Timber at Timber Sale Licence A38029, Block 2 and Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band and all other persons engaged in the cutting, damaging or destroying of Crown timber at Timber Sale Licence A57614 for leave to intervene in the above appeal and pursuant to the orders of July 18 and August 26, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding fifteen (15) minutes each at the hearing of the appeal. Granted |
|
| 2003-10-27 | Order on motion to file a reply factum on appeal, (BY BINNIE J.) | |
| 2003-10-27 |
Decision on the motion to file a reply factum on appeal, Bi, British Columbia's motion to strike is allowed with respect to paragraph 9 and the first sentence of paragraph 70 of the respondent's Factum. Except as aforesaid, the motion is dismissed with costs to the respondent Chief Roger William, who enjoyed substantial success on the motion. With respect to the motion to file a Reply Factum, British Columbia's motion is allowed except with respect to paras. 27, 34 and 61. As British Columbia is substantially successful on the second motion, it will be allowed its costs. British Columbia's motion to file a supplementary appeal book is dismissed with costs to the respondent, Chief Roger William. (see long judgment) Granted, with costs |
|
| 2003-10-27 | Order on motion to strike out, (BY BINNIE J.) | |
| 2003-10-27 |
Decision on motion to strike out, Bi, British Columbia's motion to strike is allowed with respect to paragraph 9 and the first sentence of paragraph 70 of the respondent's Factum. Except as aforesaid, the motion is dismissed with costs to the respondent Chief Roger William, who enjoyed substantial success on the motion. With respect to the motion to file a Reply Factum, British Columbia's motion is allowed except with respect to paras. 27, 34 and 61. As British Columbia is substantially successful on the second motion, it will be allowed its costs. British Columbia's motion to file a supplementary appeal book is dismissed with costs to the respondent, Chief Roger William. (see long judgment) Allowed in part, with costs |
|
| 2003-10-22 | Book of authorities, Completed on: 2003-10-22 | Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band |
| 2003-10-21 | Book of authorities, (see order), Completed on: 2003-10-21 | Attorney General of Ontario |
| 2003-10-21 | Intervener's factum, (see order), Completed on: 2003-10-21 | Attorney General of Ontario |
| 2003-10-21 | Intervener's factum, Completed on: 2003-10-21 | Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band |
| 2003-10-17 | Submission of motion to file a reply factum on appeal, Bi | |
| 2003-10-17 | Submission of motion to strike out, Bi | |
| 2003-10-06 | Response to motion to strike out, 4 copies - book form, Completed on: 2003-10-06 | 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 |
| 2003-10-06 | Response to motion to file a reply factum on appeal, 4 copies - book form, Completed on: 2003-10-06 | 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 |
| 2003-10-02 | Response to motion to strike out, (Letter Form), Completed on: 2003-10-02 | Attorney General of Canada |
| 2003-10-02 | Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2003-10-02 | Attorney General of Canada |
| 2003-09-22 | Notice of withdrawal | Attorney General of Québec |
| 2003-09-22 | Discontinuance of motion to extend time | Attorney General of Québec |
| 2003-09-19 | Reply to motion to file a reply factum on appeal, (Letter Form), from P.G. Foy (by fax) (joint with reply to motion to strike), Completed on: 2003-09-19 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-19 | Reply to motion to strike out, (Letter Form), from P. G. Foy (by fax) (joint with reply to file a reply factum), Completed on: 2003-09-19 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-19 | Response to motion to extend time, to file the A.G. Québec's factum, Completed on: 2003-09-19 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-18 | Correspondence received from, D. M. Robbins re: proposed time to respond to motions (by fax) | 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 |
| 2003-09-17 | Order on motion to extend time, (BY BINNIE J.) | |
| 2003-09-17 |
Decision on motion to extend time, Bi, The motion to extend the time to serve and file the intervener, Attorney General of Ontario's factum and book of authorities to October 21, 2003, is granted. 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. Granted |
|
| 2003-09-17 | Submission of motion to extend time, Bi | |
| 2003-09-17 | Order on motion to extend time | |
| 2003-09-17 |
Decision on motion to extend time, to serve and file the respondents' factum, record and book of authorities to Aug. 25/03 and permitting oral argument at the hearing of the appeal, Bi Granted |
|
| 2003-09-15 | Response to motion to extend time, (Letter Form), from Gowlings dated Sept. 15, 2003 (via e-mail), Completed on: 2003-09-15 | 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 |
| 2003-09-12 | Submission of motion to extend time, Bi | |
| 2003-09-12 | Motion to file a reply factum on appeal, and suppl. record (book form), Completed on: 2003-09-12 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-12 | Motion to strike out, (portions of the R. William's factum)(book form), Completed on: 2003-09-12 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-09 | Response to motion to extend time, (Letter Form), from P. Foy dated Sept. 9, 2003 (fax copy), Completed on: 2003-09-09 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-08 | Motion to extend time, to serve and file the Record, Factum and Authorities to Aug. 25/03, Completed on: 2003-09-08 | 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 |
| 2003-09-08 | Response to motion to extend time, (Letter Form), from P. Foy dated Sept. 5, 2003 (fax copy), Completed on: 2003-09-08 | The Regional Manager of the Cariboo Forest Region |
| 2003-09-05 | Motion to extend time, to file the factum to Oct. 21, 2003 and make oral argument at the hearing (book form), Completed on: 2003-09-05 | Attorney General of Ontario |
| 2003-08-27 |
Order by, CJ, This appeal, which has been tentatively scheduled to be heard on October 15, 2003, shall be traversed to a date to be set by the Registrar during the 2004 Winter session. Adjourned |
|
| 2003-08-26 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2003-08-26 |
Decision on the motion for leave to intervene, Bi, The motion for leave to intervene of the applicants, Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band 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, 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 and all other persons engaged in the cutting, damaging or destroying of Crown Timber at Timber Sale Licence A38029, Block 2 and Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band and all other persons engaged in the cutting, damaging or destroying of Crown timber at Timber Sale Licence A57614 is granted and the applicants shall be entitled to serve and file a single factum not to exceed 20 pages in length. 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 interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59 (1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. IT IS HEREBY FURTHER ORDERED THAT: The appellants, the Regional Manager of the Cariboo Forest Region and Her Majesty the Queen in Right of the Province of British Columbia, are granted leave to file a 20 pages reply factum. Granted |
|
| 2003-08-26 | Submission of motion for leave to intervene, Bi | |
| 2003-08-19 | Respondent's record, (see order), Completed on: 2003-09-08 | 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 |
| 2003-08-19 | Respondent's book of authorities, vol. 1 to 3 (see order), Completed on: 2003-09-10 | 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 |
| 2003-08-18 | Correspondence received from, P. Foy to J. Arvay dated Aug. 18, 2003 (fax copy) re: respondent's factum to be amended otherwise will be filing a motion to strike out | The Regional Manager of the Cariboo Forest Region |
| 2003-08-18 | Respondent's factum, (see order dated July 16, 2003)(extension requested - rec'd Sept. 8/03), Completed on: 2003-09-08 | 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 |
| 2003-08-14 | Response to the motion for leave to intervene, (Letter Form), (e-mail), Completed on: 2003-08-14 | 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 |
| 2003-08-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2003-08-13 | The Regional Manager of the Cariboo Forest Region |
| 2003-08-08 | Response to the motion for leave to intervene, (Letter Form), does not object, Completed on: 2003-08-08 | Attorney General of Canada |
| 2003-08-06 | Response to motion to extend time, (e-mail), Completed on: 2003-08-06 | 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 |
| 2003-08-06 | Motion for leave to intervene, (extension of time included), Completed on: 2003-08-13 | Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band |
| 2003-07-31 | Motion to extend time, (3 copies) to serve and file the factum of the intervener A.G. - Québec to Sept. 12, 2003., Completed on: 2003-07-31 | Attorney General of Québec |
| 2003-07-29 | Response to motion to extend time, (Letter Form), does not object, Completed on: 2003-07-29 | Attorney General of Canada |
| 2003-07-21 | Response to motion to extend time, (Letter Form), from B. McLaughlin dated July 21, 2003 (fax copy), Completed on: 2003-07-21 | Attorney General of Canada |
| 2003-07-18 | Order on motion to extend time | |
| 2003-07-18 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2003-07-18 |
Decision on the motion for leave to intervene, Bi, The motion for leave to intervene of the applicant, the Attorney General of Ontario is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. 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 |
|
| 2003-07-18 | Submission of motion for leave to intervene, Bi | |
| 2003-07-16 | Response to the motion for leave to intervene, (Letter Form), from B. McLaughlin dated July 16, 2003 (fax copy) re: intervention by A.G. Québec, Completed on: 2003-07-16 | Attorney General of Canada |
| 2003-07-16 |
Decision on motion to extend time, Bi, to serve and file the factum, record and book of authorities of the respondent Roger William to August 15/03. Granted |
|
| 2003-07-16 |
Decision on motion to file a lengthy factum, Bi, of no more than 60 pages so that the respondent Roger William may file one factum in response to the two factums filed by the appellants. Granted |
|
| 2003-07-16 | Submission of motion to extend time, Bi | |
| 2003-07-16 | Submission of motion to file a lengthy factum, Bi | |
| 2003-07-10 | Response to the motion to file a lengthy factum, (Letter Form), from R. Deane dated July 10, 2003 (fax copy), Completed on: 2003-07-10 | The Regional Manager of the Cariboo Forest Region |
| 2003-07-03 | Order on motion to extend time | |
| 2003-07-02 | Appeal court record, (1 box - joint with 29419 and 29472) | |
| 2003-06-27 |
Decision on motion to extend time, DeRg, to serve and file the appellant Attorney General of Canada's factum, record and book of authorities to May 9/03 Granted |
|
| 2003-06-26 | Response to the motion for leave to intervene, (Letter Form), from Gowlings (e-mail) dated June 26, 2003 re: intervention by A.G. Ontario, Completed on: 2003-06-26 | 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 |
| 2003-06-26 | Submission of motion to extend time, DeRg | |
| 2003-06-26 |
Decision on motion to extend time, to serve and file the appellants, Regional Manager of the Cariboo Forest Region, et al's factum, record and authorities to Apr. 25/03, Reg Granted |
|
| 2003-06-26 | Submission of motion to extend time, Reg | |
| 2003-06-23 | Appeal perfected for hearing | |
| 2003-06-19 | Response to the motion for leave to intervene, (Letter Form), from P. Foy dated June 19, 2003 (fax copy) re: intervention by A. G. Ontario, Completed on: 2003-06-19 | The Regional Manager of the Cariboo Forest Region |
| 2003-06-17 | Motion to file a lengthy factum, of 60 pages (joint)(amended motion received on July 7, 2003), Completed on: 2003-06-17 | 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 |
| 2003-06-17 | Motion to extend time, to file the factum, record and authorities to Aug. 15, 2003 (joint) (amended motion served and filed July 7/03), Completed on: 2003-06-17 | 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 |
| 2003-06-17 | Correspondence received from, K. L. Collins re: advising A.G. of Ontario wishes to proceed with motion to intervene (by fax) | Attorney General of Ontario |
| 2003-06-12 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2003-06-12 |
Decision on the motion for leave to intervene, Bi, The motion for leave to intervene of the applicant, the Attorney General of Quebec, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. 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 |
|
| 2003-06-12 | Submission of motion for leave to intervene, Bi | |
| 2003-06-09 | Response to the motion for leave to intervene, (Letter Form), from P. Foy dated June 6, 2003 (fax copy) re: intervention by A.G. Québec, Completed on: 2003-06-09 | The Regional Manager of the Cariboo Forest Region |
| 2003-06-06 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated June 6, 2003 (e-mail) re: intervention by A.G. Québec, Completed on: 2003-06-06 | 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 |
| 2003-06-03 | Motion to extend time, to serve and file the factum, record and authorities to May 9/03, Completed on: 2003-06-03 | Attorney General of Canada |
| 2003-06-03 | Motion to extend time, to serve and file the factum, record and authorities to April 25/03, Completed on: 2003-06-03 | The Regional Manager of the Cariboo Forest Region |
| 2003-05-30 | Correspondence received from, C.J. Tobias (fax copy) re: withdrawal of the motion dated Feb. 18/03 and confirmation of tentative hearing date of Oct. 15/03 | Attorney General of Canada |
| 2003-05-23 | Motion for leave to intervene, Completed on: 2003-05-23 | Attorney General of Québec |
| 2003-05-21 | Correspondence received from, P. Foy dated May 21, 2003 (fax copy) re: withdrawal of the motion dated Feb. 17, 2003 and filed on Feb. 18, 2003 | The Regional Manager of the Cariboo Forest Region |
| 2003-05-20 | Correspondence received from, P. Foy dated April 24, 2003 and addressed to Arvay, Finlay and Justice re: service of factum, record and authorities of this appeal and in appeals in 28981 and 28988 | The Regional Manager of the Cariboo Forest Region |
| 2003-05-09 | Appellant's book of authorities, Vol. I to IV, Completed on: 2003-06-03 | Attorney General of Canada |
| 2003-05-09 | Appellant's record, Completed on: 2003-06-03 | Attorney General of Canada |
| 2003-05-09 | Appellant's factum, (extension of time requested May 26/03), Completed on: 2003-06-03 | Attorney General of Canada |
| 2003-05-09 | Order on miscellaneous motion, (BY CHIEF JUSTICE) | |
| 2003-05-09 |
Decision on miscellaneous motion, CJ, for an order that this appeal be set for hearing on June 9 and 10, 2003, together with the appeals of Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Forests v. Chief Ronnie Jules, et al. (28981) and Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Forests v. Chief Dan Wilson, et al. (28988) and for an order abridging the time for serving and filing of factums, records and books of authorities. The motion is dismissed without costs. Dismissed, without costs |
|
| 2003-05-05 | Motion for leave to intervene, (under Rule 55)(joint with 28981 and 28988) - book form, Completed on: 2003-05-05 | Attorney General of Ontario |
| 2003-04-25 | Appellant's record, vol. 1 to 4, Completed on: 2003-06-03 | The Regional Manager of the Cariboo Forest Region |
| 2003-04-25 | Appellant's book of authorities, Completed on: 2003-06-03 | The Regional Manager of the Cariboo Forest Region |
| 2003-04-25 | Appellant's factum, (extension requested on May 26, 2003), Completed on: 2003-06-03 | The Regional Manager of the Cariboo Forest Region |
| 2003-04-24 | Submission of miscellaneous motion, CJ | |
| 2003-04-15 | Reply to miscellaneous motion, (Letter Form), from D. Robbins dated April 15, 2003 (fax copy), Completed on: 2003-04-15 | 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 |
| 2003-04-11 | Response to miscellaneous motion, (Letter Form), from P. Foy dated April 11, 2003 (fax copy), Completed on: 2003-04-11 | The Regional Manager of the Cariboo Forest Region |
| 2003-04-09 | Correspondence received from, J. Arvay dated April 9, 2003 (fax copy) re: proposed schedule for the filing of documents | 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 |
| 2003-04-09 | Correspondence received, from L. Mandell, counsel in 28981 and 28988, dated April 9, 2003 (fax copy) re: responding to the respondent's motion filed on April 7, 2003 | |
| 2003-04-07 | Notice of miscellaneous motion, (for an order to set the hearing for June 9 and 10 with 28981 and 28988; for an order abridging the time for the factum, record and authorities), 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 |
| 2003-03-05 | Correspondence (sent by the Court) to, Mr. Mark Crow, by fax, from the Registrar, dated March 5/03 RE: Permission to be involved with A.G. Ontario, granted | |
| 2003-03-03 | Correspondence received, from Mr. Mark Crow, dated March 3/03 RE: Permission to be involved with A.G. Ontario | |
| 2003-02-19 | Response to motion to extend time, (Letter Form), P. Foy dated Feb. 14, 2003 (included in the motion), Completed on: 2003-02-19 | The Regional Manager of the Cariboo Forest Region |
| 2003-02-19 | Motion to extend time, to file the factum, record and authorities to the 59th day after the B.C. C.A. disposes of the respondent's cross-appeal, Completed on: 2003-02-19 | Attorney General of Canada |
| 2003-02-18 | Motion to extend time, to file the factum, record and authorities to 45 after the date of the decision of the C.A. B.C. on cross-appeal - book form (discontinued - see letter received on May 21, 2003), Completed on: 2003-02-18 | The Regional Manager of the Cariboo Forest Region |
| 2003-02-14 | Correspondence received from, P. Foy dated Feb. 14, 2003 (fax copy) re: C.A. has under reserve its decision on a cross-appeal | The Regional Manager of the Cariboo Forest Region |
| 2002-11-27 | Notice of appeal, Completed on: 2002-11-27 | Attorney General of Canada |
| 2002-11-27 | Correspondence received from, (by fax) Patrick Foy; re: tentatively set down for June 9-10/03 to be heard with 28981- 28988 | The Regional Manager of the Cariboo Forest Region |
| 2002-11-26 | Notice of appeal, Completed on: 2002-11-26 | The Regional Manager of the Cariboo Forest Region |
| 2002-11-21 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing dated (Oct. 16/03) | |
| 2002-11-15 | Judgment on leave sent to the parties | |
| 2002-11-14 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgments of the Court of Appeal of British Columbia (Vancouver), Numbers CA029284, CA029290, CA029285 and CA029289, dated May 8, 2002, are granted with costs to the Respondents in any event of the cause. Granted, with costs |
|
| 2002-10-21 | Applicant's reply to respondent's argument, (proof of service received Oct. 25, 2002), Completed on: 2002-10-28 | The Regional Manager of the Cariboo Forest Region |
| 2002-10-21 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2002-10-11 | Respondent's response on the application for leave to appeal, (responding to both applications) - see order (proof of service received on Oct. 23, 2002), Completed on: 2002-10-23 | 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 |
| 2002-09-25 | Letter acknowledging receipt of a complete application for leave to appeal, (second application) | |
| 2002-09-16 | Supplemental document, (order from C.A. granting extension to seek leave to appeal to S.C. to Sept. 17, 2002) | Attorney General of Canada |
| 2002-09-16 | Application for leave to appeal, (second application)(extension granted by C.A. on Sept. 17, 2002, see order), Completed on: 2002-09-25 | Attorney General of Canada |
| 2002-09-06 | Order on motion to extend time | |
| 2002-09-06 |
Decision on motion to extend time, Reg, to serve and file the response of the respondent Roger William to 30 days after the Attorney General of Canada serves its application for leave to appeal. Granted |
|
| 2002-09-06 | Submission of motion to extend time, Reg | |
| 2002-09-04 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-08-30 | Response to motion to extend time, (joint consent), Completed on: 2002-08-30 | The Regional Manager of the Cariboo Forest Region |
| 2002-08-30 | Motion to extend time, (to file the response 30 days after A.G. Canada serves its application for leave to appeal), Completed on: 2002-08-30 | 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 |
| 2002-08-23 | Correspondence received from, P. Foy dated Aug. 22, 2002 (fax copy) re: similar issues with 28981-28988 | The Regional Manager of the Cariboo Forest Region |
| 2002-08-23 | Correspondence received from, P. Foy dated Aug. 22, 2002 (fax copy) re: filing of the response 30 days after the date on which A.G. Canada served him with their application | The Regional Manager of the Cariboo Forest Region |
| 2002-08-07 | Correspondence received from, Burke-Robertson dated Aug. 7, 2002 re: this application raises the same issues as in files no. 28988-28981 | The Regional Manager of the Cariboo Forest Region |
| 2002-08-07 | Application for leave to appeal, (reasons of T.C. not signed and formal order of C.A. not yet entered)(formal order of C.A. and signature of T.C. judgment received Sept. 16, 2002) - style of cause to be amended, Completed on: 2002-10-23 | The Regional Manager of the Cariboo Forest Region |
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 |
|---|---|---|
| The Regional Manager of the Cariboo Forest Region | Appellant | Active |
| Her Majesty the Queen in Right of the Province of British Columbia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 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 | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| The Regional Manager of the Cariboo Forest Region | Appellant | Active |
| Her Majesty the Queen in Right of the Province of British Columbia | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 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 | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 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 | Respondent | Active |
| The Regional Manager of the Cariboo Forest Region | Respondent | Active |
| Her Majesty the Queen in Right of the Province of British Columbia | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 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 | Respondent | Active |
| The Regional Manager of the Cariboo Forest Region | Respondent | Active |
| Her Majesty the Queen in Right of the Province of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band | Intervener | Active |
| and all other persons engaged in the cutting, damaging or destroying of Crown timber at Timber Sale Licence A57614 | Intervener | Active |
| Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band | Intervener | 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 | Intervener | 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 | Intervener | Active |
| and all other persons engaged in the cutting, damaging or destroying of Crown Timber at Timber Sale Licence A38029, Block 2 | Intervener | Active |
Counsel
Party: The Regional Manager of the Cariboo Forest Region
Counsel
Names
Patrick G. Foy, Q.C.
Kenneth J. Tyler
Robert J. C. Deane
Kenneth J. Tyler
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: Her Majesty the Queen in Right of the Province of British Columbia
Counsel
Names
Patrick G. Foy, Q.C.
Kenneth J. Tyler
Kenneth J. Tyler
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: 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
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: 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. (from Arvay, Finlay)
Jack Woodward
Joseph J. Arvay, Q.C. (from Arvay, Finlay)
Jack Woodward
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
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: Chief Dan Wilson, in his personal capacity and as representative of the Okanagan Indian Band
Counsel
Names
Louise Mandell, Q.C.
Reidar Mogerman
Reidar Mogerman
Contact information
Mandell Pinder
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
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: and all other persons engaged in the cutting, damaging or destroying of Crown timber at Timber Sale Licence A57614
Counsel
Name
Louise Mandell, Q.C.
Contact information
Mandell Pinder
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
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: Chief Ronnie Jules, in his personal capacity and as representative of the Adams Lake Band
Counsel
Name
Louise Mandell, Q.C.
Contact information
Mandell Pinder
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
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: 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
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
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: 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
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
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: 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
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
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
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
November 27, 2001
Supreme Court of British Columbia
900913, 984847
Supreme Court of British Columbia
900913, 984847
Respondent William's application for order that his legal fees and disbursements of litigation be paid by the Applicants dismissed; application for order that Applicants pay Respondent William's interim costs, granted
July 19, 2002
Court of Appeal for British Columbia (Vancouver)
CA029284, CA029285, CA029289, CA029290
Court of Appeal for British Columbia (Vancouver)
CA029284, CA029285, CA029289, CA029290
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
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