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29419

The Minister of Forests, et al. v. Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2005-02-16 Appeal closed
2005-02-11 Correspondence (sent by the Court) to, Ms. Cheryl Sharvit, cc. all parties; returning the book 'Haida Monumemtal Art'
2005-02-07 Record returned to the Registrar of the Court of Appeal
2004-11-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-11-18 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F, The Crown's appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA027999, dated February 27, 2002, and August 19, 2002, heard on March 24, 2004, is dismissed. Weyerhaeuser's appeal is allowed. The Attorney General of British Columbia will paythe costs of the respondents. Weyerhaeuser is relieved of any obligation to pay the costs of the respondents in the courts below.
Dismissed
2004-11-15 Correspondence received from, from Terri-Lynn Williams-Davidson, re: lock-up Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-11-05 Correspondence received from, Paul Yearwood dated 11/05/04 re: use of laptop in the lock-up The Minister of Forests
2004-10-28 Correspondence received from, Mitchell Taylor, re: lock-up Attorney General of Canada
2004-10-28 Correspondence received from, Terri-Lynn Williams-Davidson, re: Lock-up. Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-10-26 Correspondence received from, Paul J. Pearlman, Q.C., re: Lock-up The Minister of Forests
2004-10-21 Correspondence received from, John J.L. Hunter Q.C., re:lock-up The Minister of Forests
2004-10-15 Correspondence (sent by the Court) to, to all parties, re: lock-up
2004-10-12 Correspondence received from, C. Sharvit dated Oct. 7/04 re: confirming counsel have consented to the filing of the recent reasons for judgment Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-10-06 Correspondence received from, P.J. Pearlman, Q.Q. dated Oct. 5/04 re: does not oppose the recent decision to be brought to the attention of the judges The Minister of Forests
2004-10-01 Correspondence received from, C. Sharvit dated Sept. 30/04 re: enclosing a recent decision from the Supreme Court of B.C. rendered on Sept. 28/04 (sent to the judges Oct. 13/04) Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-04-14 Transcript received, (224 pages - joint with 29146)
2004-03-25 Correspondence received from, Stephen J. Grace, re: Mr. Cameron would not be appearing at the appeal (copy). Original letter was sent March2/04- not received at registry. Attorney General of Nova Scotia
2004-03-25 Correspondence received from, Kurt J. Sandstrom - response to Justice Binnie's question from the bench. Attorney General of Alberta
2004-03-25 Judgment reserved OR rendered with reasons to follow
2004-03-25 Acknowledgement and consent for video taping of proceedings, from all parties
2004-03-24 Appellant's condensed book, (14 copies) Weyerhaeuser Company Limited
2004-03-24 Appellant's condensed book, (14 copies) The Minister of Forests
2004-03-24 Hearing of the appeal, 2004-03-24, CJ Ma Ba Bi LeB De F
Judgment reserved
2004-03-23 Correspondence received from, Quebec lawyers will be on strik Mar. 25/04 Attorney General of Québec
2004-03-22 Decision on motion to extend time, to serve and file the intervener, Tenimgyet's book of authorities to Mar. 11/04, Reg
Granted
2004-03-22 Submission of motion to extend time, Reg
2004-03-12 Supplemental document, (Supplemental Book of Authorities and Record) The Minister of Forests
2004-03-12 Response to motion to extend time, (Letter Form), from Gowlings dated March 12, 2004 (via e-mail) re: motion by Tenimgyet, et al, Completed on: 2004-03-12 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-03-11 Motion to extend time, to file the authorities to March 11, 2004, Completed on: 2004-03-11 Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief
2004-03-11 Book of authorities, (Motion for ext. of time requested), Completed on: 2004-03-17 Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief
2004-03-09 Notice of appearance, from Rush Crane Guenther Village of Port Clements
2004-03-04 Notice of appearance, from Noel & Associés Attorney General of Québec
2004-03-02 Book of authorities, SUPPLEMENTARY / recent F.C.A. decision (p. 26 missing - rec'd March 3/04 and sent to the judges on March 8/04), Completed on: 2004-03-02 Attorney General of Alberta
2004-03-02 Correspondence received from, S.J. Grace re: enclosing a revised p. 3 of the factum of the A.G. of Nova Scotia and sent to the judges March 8/04 (service requested - rec'd March 9/04 - by fax) Attorney General of Nova Scotia
2004-03-02 Order by, Ia, UPON APPLICATION by the Village of Port Clements for leave to intervene in the above appeal and pursuant to the order of January 20, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said intervener, Village of Port Clements, is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2004-02-27 Notice of appearance, from Burke-Robertson Attorney General for Ontario
2004-02-25 Book of authorities, Completed on: 2004-02-25 Village of Port Clements
2004-02-25 Intervener's factum, Completed on: 2004-02-25 Village of Port Clements
2004-02-25 Notice of appearance, from Gowlings Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief
2004-02-24 Notice of appearance, from McCarthy Tétrault British Columbia Cattlemen's Association
2004-02-24 Notice of appearance, from Ratcliff & Company Squamish Indian Band and Lax Kw'alaams Indian Band
2004-02-24 Notice of appearance, from Huntervoith Litigation Weyerhaeuser Company Limited
2004-02-24 Notice of appearance, from Braker and Company First Nations Summit
2004-02-24 Notice of appearance, from Donovan & Company Haisla Nation
2004-02-23 Notice of appearance, from Gowlings Attorney General of Alberta
2004-02-23 Notice of appearance, from Gowlings Attorney General for Saskatchewan
2004-02-18 Notice of appearance, from Fasken Martineau Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia
2004-02-18 Notice of appearance, from Terri-Lynn Williams-Davidson Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-02-18 Order by, Ia, UPON APPLICATION by the Attorney General of Canada, the Squamish Indian Band and Lax Kw'alaams Indian Band, the Haisla Nation, the First Nations Summit, the Dene Tha' First Nation, Tenimgyet, also known as Art Matthews, Gitxsan Hereditary Chief, the Business Council of British Columbia, the Aggregate Producers Association of British Columbia, the British Columbia & Yukon Chamber of Mines, the British Columbia Chambers of Commerce, the Council of Forest Industries and the Mining Association of British Columbia, and the British Columbia Cattlemen's Association and pursuant to the order of November 24, 2003;
IT IS HEREBY FURTHER ORDERED THAT the said interveners, Squamish Indian Band and Lax Kw'alaams Indian Band, the Haisla Nation, the Dene Tha' First Nation, the British Columbia Cattlemen's Association, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
IT IS HEREBY FURTHER ORDERED THAT the said intervener, Tenimgyet, also known as Art Matthews, Gitxsan Hereditary Chief, is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
IT IS HEREBY FURTHER ORDERED THAT the said interveners, the Attorney General of Canada, the First Nations Summit, the Business Council of British Columbia, the Aggregate Producers Association of British Columbia, the British Columbia & Yukon Chamber of Mines, the British Columbia Chambers of Commerce, the Council of Forest Industries and the Mining Association of British Columbia, are not granted permission to present oral argument in this appeal since they were granted oral argument not exceeding fifteen (15) minutes at the hearing of the appeal Norm Ringstand, et al. v. The Taku River Tlingit First Nation, et al. (29146).
Granted
2004-02-18 Order on motion to extend time, (BY IACOBUCCI J.)
2004-02-18 Decision on motion to extend time, Ia, 1) The motion to extend the time to serve and file the Attorney General for Saskatchewan's factum and book of authorities to January 16, 2004 is granted.
2) The Attorney General for Saskatchewan is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2004-02-16 Notice of appearance, from Fuller Pearlman McNeil The Minister of Forests
2004-02-16 Notice of appearance, from Mitchell Taylor Attorney General of Canada
2004-02-10 Submission of motion to extend time, Ia
2004-02-09 Decision on motion to extend time, to serve and file the intervener, First Nations Summit, book of authorities to Jan. 23/04, Reg
Granted
2004-02-09 Submission of motion to extend time, Reg
2004-02-06 Response to motion to extend time, (Letter Form), from J. Beedell dated Feb. 6, 2004 (via e-mail) re: extensions by A.G. Sask. and First Nations, Completed on: 2004-02-06 Weyerhaeuser Company Limited
2004-02-04 Notice of withdrawal Attorney General of Manitoba
2004-02-03 Response to motion to extend time, Gowlings dated Feb. 3, 2004 (via e-mail), Completed on: 2004-02-03 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-01-30 Response to motion to extend time, P. Pearlman dated Jan. 30, 2004 (fax copy), Completed on: 2004-01-30 The Minister of Forests
2004-01-30 Motion to extend time, to file the authorities to Jan. 23, 2004, Completed on: 2004-01-30 First Nations Summit
2004-01-26 Response to motion to extend time, (Letter Form), from Burke-Robertson (by e-mail), Completed on: 2004-01-26 The Minister of Forests
2004-01-23 Book of authorities, Completed on: 2004-01-23 First Nations Summit
2004-01-22 Response to motion to extend time, (Letter Form), from Gowlings (by e-mail), Completed on: 2004-01-22 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2004-01-22 Motion to extend time, to serve and file the factum and book of authorities to Jan. 16/04, Completed on: 2004-01-22 Attorney General for Saskatchewan
2004-01-22 Correspondence received from, Gowlings re: index omitted in the Book of Authorities to be inserted in the 3 volumes (by e-mail) Squamish Indian Band and Lax Kw'alaams Indian Band
2004-01-20 Order on motion for leave to intervene, (BY IACOBUCCI J.)
2004-01-20 Decision on the motion for leave to intervene, Ia, The motion for leave to intervene of the Village of Port Clements is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before February 25, 2004.
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 argue issues unrelated to the appeal and 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 their intervention.
Granted
2004-01-20 Submission of motion for leave to intervene, Ia
2004-01-19 Book of authorities, 13 copies of vol. 1 and 14 copies of vol. 2, Completed on: 2004-01-27 Dene Tha' First Nation
2004-01-19 Intervener's factum, Completed on: 2004-01-19 Squamish Indian Band and Lax Kw'alaams Indian Band
2004-01-19 Intervener's factum, Completed on: 2004-01-19 Dene Tha' First Nation
2004-01-19 Book of authorities, Completed on: 2004-01-19 Haisla Nation
2004-01-19 Intervener's factum, Completed on: 2004-01-19 Haisla Nation
2004-01-19 Intervener's factum, Completed on: 2004-01-19 First Nations Summit
2004-01-19 Intervener's factum, Completed on: 2004-01-19 Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief
2004-01-19 Book of authorities, Vol. I to III (index omitted - rec'd and inserted on Jan. 22/04), Completed on: 2004-01-19 Squamish Indian Band and Lax Kw'alaams Indian Band
2004-01-16 Book of authorities, (Motion for extension of time requested - rec'd Jan. 22/04), Completed on: 2004-01-22 Attorney General for Saskatchewan
2004-01-16 Intervener's factum - AG on constitutional question, (Motion for Extension of Time requested - rec'd Jan. 22/04), Completed on: 2004-01-22 Attorney General for Saskatchewan
2004-01-16 Book of authorities, Completed on: 2004-01-16 Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia
2004-01-16 Intervener's factum, Completed on: 2004-01-16 Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia
2004-01-16 Response to motion to extend time, (Letter Form), from John J.L. Hunter, Q.C. dated 01/15/04, Completed on: 2004-01-16 Weyerhaeuser Company Limited
2004-01-16 Response to the motion for leave to intervene, (Letter Form), from John J.L. Hunter, Q.C. dated 01/15/04 (joint with response to extension of time), Completed on: 2004-01-16 Weyerhaeuser Company Limited
2004-01-15 Book of authorities, Completed on: 2004-01-15 British Columbia Cattlemen's Association
2004-01-15 Intervener's factum, Affidavit of D. Barnett at tab 5 of Book of Authorities, Completed on: 2004-01-16 British Columbia Cattlemen's Association
2004-01-14 Response to the motion for leave to intervene, (Letter Form), from P. Pearlman dated Jan. 14, 2004 (fax copy) re: intervention by Port Clements (via e-mail), Completed on: 2004-01-14 The Minister of Forests
2004-01-13 Book of authorities, Completed on: 2004-01-13 Attorney General of Québec
2004-01-13 Intervener's factum - AG on constitutional question, Completed on: 2004-01-13 Attorney General of Québec
2004-01-02 Book of authorities, (Vol. 1 and II), Completed on: 2004-01-02 Attorney General of Canada
2004-01-02 Intervener's factum, Completed on: 2004-01-12 Attorney General of Canada
2003-12-29 Response to the motion for leave to intervene, (Letter Form), from Gowlings (by e-mail), Completed on: 2003-12-29 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2003-12-23 Notice of appearance, from Cook Roberts Dene Tha' First Nation
2003-12-22 Intervener's factum - AG on constitutional question, Completed on: 2003-12-22 Attorney General of Nova Scotia
2003-12-18 Book of authorities, (A.G. of Ontario), Completed on: 2003-12-18 Attorney General for Ontario
2003-12-18 Intervener's factum - AG on constitutional question, Completed on: 2003-12-18 Attorney General for Ontario
2003-12-18 Book of authorities, (A.G. of Alberta), Completed on: 2003-12-18 Attorney General of Alberta
2003-12-18 Intervener's factum - AG on constitutional question, Completed on: 2003-12-18 Attorney General of Alberta
2003-12-16 Motion to extend time, (to file the motion to intervene to Dec. 16, 2003)(joint), Completed on: 2003-12-16 Village of Port Clements
2003-12-16 Motion for leave to intervene, (joint with extension of time), Completed on: 2003-12-16 Village of Port Clements
2003-12-01 Notice of withdrawal Attorney General of Newfoundland and Labrador
2003-11-27 Intervener's factum, Completed on: 2003-11-27 Attorney General of Manitoba
2003-11-24 Notice of hearing sent to parties
2003-11-24 Order on motion for leave to intervene, (BY IACOBUCCI J.)
2003-11-24 Decision on the motion for leave to intervene, Ia, The motion for leave to intervene of the Squamish Indian Band and Lax Kw'alaams Indian Band is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length and append thereto the affidavits of Chief Gibby Jacob and Chief Councillor Garry Reece.
The motion for leave to intervene of the Attorney General of Canada is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the First Nations Summit is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the Dene Tha' First Nation is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the Haisla Nation is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length and append thereto documents relating to the Haisla Nation's BCTC Process.
The motion for leave to intervene of the Tenimgyet, also known as Art Matthews, Gitxsan Hereditary Chief is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length and append thereto the affidavits of Gary Livingstone, Dan P. Jepsen, Marlie Beets, Jerry L. Lampert, John R. Winter and Paul Allard.
The motion for leave to intervene of the British Columbia Cattlemen's Association is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length and append thereto the affidavit of Duncan Barnett.
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 argue issues unrelated to the appeal and 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 the intervention.
Granted
2003-11-20 Respondent's factum, (to both Appellants), Completed on: 2003-11-20 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2003-11-20 Respondent's record, Vol. I to IV, Completed on: 2003-11-20 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2003-11-20 Appeal perfected for hearing
2003-11-20 Appeal hearing scheduled, 2004-03-24, (previously Dec. 9)
Judgment reserved
2003-11-19 Respondent's book of authorities, Completed on: 2003-11-25 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2003-11-19 Submission of motion for leave to intervene, Ia
2003-11-18 Reply to the motion for leave to intervene, (Letter Form), (original filed 11/21/03), Completed on: 2003-11-18 British Columbia Cattlemen's Association
2003-11-18 Reply to the motion for leave to intervene, (e-mail from Lang), Completed on: 2003-11-18 Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia
2003-11-06 Reply to the motion for leave to intervene, (Letter Form), from Robert C. Freedman dated 11/05/03, Completed on: 2003-11-06 Dene Tha' First Nation
2003-11-05 Response to the motion for leave to intervene, (Letter Form), from John J.L. Hunter, Q.C. dated 11/04/03 (to all motions to intervene), Completed on: 2003-11-05 Weyerhaeuser Company Limited
2003-11-04 Response to the motion for leave to intervene, (Letter Form), from Louise Mandell, Q.C. dated 11/03/03 (to all motions to intervene), Completed on: 2003-11-04 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2003-11-03 Correspondence received from, John J.L. Hunter, Q.C. dated 10/31/03 re: time allocation for hearing the appeal Weyerhaeuser Company Limited
2003-10-31 Response to the motion for leave to intervene, (Letter Form), from Paul J. Pearlman, Q.C. dated 10/31/03 (to all motions to intervene), Completed on: 2003-10-31 The Minister of Forests
2003-10-27 Correspondence received from, rec'd by fax from Fuller Pearlman McNeil re: time table The Minister of Forests
2003-10-24 Notice of withdrawal Attorney General of New-Brunswick
2003-10-23 Motion for leave to intervene, (bookform), Completed on: 2003-10-23 British Columbia Cattlemen's Association
2003-10-23 Motion for leave to intervene, (bookform), Completed on: 2003-10-23 Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia
2003-10-23 Motion for leave to intervene, Completed on: 2003-10-23 Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief
2003-10-23 Motion for leave to intervene, Completed on: 2003-10-23 Dene Tha' First Nation
2003-10-23 Motion for leave to intervene, Completed on: 2003-10-23 First Nations Summit
2003-10-23 Motion for leave to intervene, Completed on: 2003-10-22 Haisla Nation
2003-10-22 Motion for leave to intervene, Completed on: 2003-10-22 Attorney General of Canada
2003-10-21 Motion for leave to intervene, (bookform), Completed on: 2003-10-29 Squamish Indian Band and Lax Kw'alaams Indian Band
2003-09-25 Appellant's book of authorities, Completed on: 2003-09-25 Weyerhaeuser Company Limited
2003-09-25 Appellant's factum, Completed on: 2003-09-25 Weyerhaeuser Company Limited
2003-09-25 Appellant's book of authorities, Completed on: 2003-09-25 The Minister of Forests
2003-09-25 Appellant's factum, Completed on: 2003-09-25 The Minister of Forests
2003-09-25 Appellant's record, JOINT Vol. I to VI, Completed on: 2003-09-25 The Minister of Forests
2003-08-28 Notice of intervention respecting a constitutional question Attorney General of Québec
2003-08-18 Notice of intervention respecting a constitutional question Attorney General of Canada
2003-08-05 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2003-08-05 Notice of intervention respecting a constitutional question Attorney General of Nova Scotia
2003-07-31 Notice of intervention respecting a constitutional question Attorney General of Newfoundland and Labrador
2003-07-31 Notice of intervention respecting a constitutional question Attorney General for Ontario
2003-07-31 Notice of intervention respecting a constitutional question Attorney General of New-Brunswick
2003-07-31 Notice of intervention respecting a constitutional question Attorney General of Alberta
2003-07-11 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2003-07-07 Notice of constitutional question(s) The Minister of Forests
2003-07-03 Order on motion to state a constitutional question, (BY GONTHIER)
2003-07-03 Decision on the motion to state a constitutional question, G, Is s. 36 of the Forest Act, R.S.B.C. 1996, c. 157, of no force or effect to the extent that the replacement of T.F.L. No. 39 violated any right of the Haida Nation, as recognized and affirmed by s. 35 of the Constitution Act, 1982, to be consulted and to have their asserted aboriginal rights accommodated prior to the replacement?
Granted
2003-07-02 Appeal court record, (1 box - joint with 29292 and 29472)
2003-06-12 Submission of motion to state a constitutional question, G
2003-05-02 Reply to the motion to state a constitutional question, (Letter Form), J. Hunter dated May 2, 2003 (fax copy)(joint), Completed on: 2003-05-02 Weyerhaeuser Company Limited
2003-05-02 Response to the motion to state a constitutional question, (Letter Form), from J. Hunter dated May 2, 2003 (fax copy)(joint with reply to the response of the Council of the Haida Nation), Completed on: 2003-05-02 Weyerhaeuser Company Limited
2003-05-01 Reply to the motion to state a constitutional question, (Letter Form), from R. Houston dated May 1, 2003, Completed on: 2003-05-01 The Minister of Forests
2003-04-29 Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated April 29, 2003, Completed on: 2003-04-29 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2003-04-22 Notice of deposit for security Weyerhaeuser Company Limited
2003-04-22 Notice of appeal, Completed on: 2003-04-22 The Minister of Forests
2003-04-22 Motion to state a constitutional question, Completed on: 2003-04-22 The Minister of Forests
2003-04-17 Notice of appeal, Completed on: 2003-04-17 Weyerhaeuser Company Limited
2003-04-04 Correspondence (sent by the Court) to, all parties re: revised timetable
2003-03-27 Correspondence (sent by the Court) to, all parties in Ringstad (29146); tentative hearing date
2003-03-25 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-03-21 Judgment on leave sent to the parties
2003-03-20 Judgment of the Court on the application for leave to appeal, The application for leave to appeal of the applicant, Weyerhaeuser Company Limited, from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA027999, dated February 27, 2002 and August 19, 2002, is granted with costs in the cause.
The application for leave to appeal of the applicants, the Minister of Forests and the Attorney General of British Columbia, from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA027999, dated February 27, 2002 and August 19, 2002, is granted. By agreement, the applicants, the Minister of Forests and the Attorney General of British Columbia, shall pay the party and party costs of the Respondents, Council of the Haida Nation and Guujaaw, for this application for leave to appeal and for the appeal, in any event of the cause.
Granted
2003-01-30 Correspondence received from, (fax) K. Kickbush (30-01-03) re: costs The Minister of Forests
2003-01-27 All materials on application for leave submitted to the Judges, CJ Ba De
2002-12-04 Notice of change of solicitor, from/de Davis & Co. to/à Hunter, Voith Weyerhaeuser Company Limited
2002-11-20 Applicant's reply to respondent's argument, Completed on: 2002-11-20 The Minister of Forests
2002-11-12 Respondent's response on the application for leave to appeal, (responding to both applications), Completed on: 2002-11-12 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2002-10-31 Letter acknowledging receipt of an incomplete application for leave to appeal, (second application)
2002-10-31 Letter acknowledging receipt of an incomplete application for leave to appeal, (first application)
2002-10-29 Correspondence received from, L. Mandell dated Oct. 29, 2002 (fax copy) re: similar issues with 29146 Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation
2002-10-18 Application for leave to appeal, (second application)(proof of service requested)(extension granted by the C.A. on April 18, 2002)(formal order of C.A. not yet settled - rec'd Nov. 20/02), Completed on: 2002-11-20 Weyerhaeuser Company Limited
2002-10-17 Application for leave to appeal, (First application) (extension granted by the C.A. on April 18, 2002)(formal order of C.A. not yet settled - rec'd Nov. 20/02), Completed on: 2002-11-20 The Minister of Forests

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
The Minister of Forests Appellant Active
The Attorney General of British Columbia on behalf of Her Majesty the Queen in Right of the Province of British Columbia Appellant Active

v.

Main parties - Respondents
Name Role Status
Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Weyerhaeuser Company Limited Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General for Ontario Intervener Active
Attorney General for Saskatchewan Intervener Active
Attorney General of Nova Scotia Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Québec Intervener Active
Squamish Indian Band and Lax Kw'alaams Indian Band Intervener Active
Haisla Nation Intervener Active
First Nations Summit Intervener Active
Dene Tha' First Nation Intervener Active
Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief Intervener Active
Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia Intervener Active
British Columbia Cattlemen's Association Intervener Active
Village of Port Clements Intervener Active

Counsel

Party: The Minister of Forests

Counsel
Names
Paul Pearlman, Q.C.
Kathryn L. Kickbush
Contact information
Fuller Pearlman & McNeil
103 - 1216 Broad Street
Victoria, British Columbia
V8W 2A5
Telephone: (250) 388-4550
FAX: (250) 388-7133
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

Party: The Attorney General of British Columbia on behalf of Her Majesty the Queen in Right of the Province of British Columbia

Counsel
Name
Paul Pearlman, Q.C.
Contact information
Fuller Pearlman & McNeil
103 - 1216 Broad Street
Victoria, British Columbia
V8W 2A5
Telephone: (250) 388-4550
FAX: (250) 388-7133
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

Party: Weyerhaeuser Company Limited

Counsel
Name
John J. L. Hunter, Q.C.
Contact information
Hunter, Voith
900 West Hastings Street
Suite 1200
Vancouver, British Columbia
V6C 1E5
Telephone: (604) 891-2401
FAX: (604) 688-5947
Email: jhunter@litigationcounsel.ca
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Council of the Haida Nation and Guujaaw, on their own behalf and on behalf of all members of the Haida Nation

Counsel
Names
Cheryl Y. Sharvit
Louise Mandell, Q.C.
Michael Jackson, Q.C.
Terri-Lynn Williams-Davidson
Bruce Elwood
Clarine Ostrove
Contact information
EAGLE
16541 Beach Road
Semiahmoo Reserve
Surrey, British Columbia
V3S 9R7
Telephone: (604) 536-6262
FAX: (604) 536-6282
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

Party: Attorney General of Alberta

Counsel
Names
Stanley H. Rutwind
Kurt Sandstrom
Contact information
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
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

Party: Attorney General for Ontario

Counsel
Names
E. Ria Tzimas
Mark Crow
Jennifer August
Contact information
Attorney General of Ontario
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

Party: Attorney General for Saskatchewan

Counsel
Names
Graeme G. Mitchell, Q.C.
P. Mitch McAdam
Contact information
Attorney General for Saskatchewan
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
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

Party: Attorney General of Nova Scotia

Counsel
Name
Alexander MacBain Cameron
Contact information
Attorney General of Nova Scotia
3rd Floor - 5151 Terminal Rd
P.O. Box 7, Stn Central
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: cameroam@gov.ns.ca
Agent
Name
Stephen J. Grace
Contact information
Maclaren Corlett
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com

Party: Attorney General of Canada

Counsel
Names
Mitchell R. Taylor
Brian McLaughlin
Contact information
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2287
FAX: (604) 666-5925
Email: mitch.taylor@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Bank of Canada Building - East Tower
1216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca

Party: Attorney General of Québec

Counsel
Name
Pierre-Christian Labeau
Contact information
Procureur général du Québec
1200, Route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
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

Party: Squamish Indian Band and Lax Kw'alaams Indian Band

Counsel
Names
Gregory J. McDade, Q.C.
John R. Rich
James P. Tate
James I. Reynolds
Contact information
Ratcliff & Company
221 West Esplanade
Suite 500
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
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

Party: Haisla Nation

Counsel
Names
Allan Donovan
Jennifer Griffith
Contact information
Donovan & Company
73 Water Street
6th Floor
Vancouver, British Columbia
V6B 1A1
Telephone: (604) 688-4272
FAX: (604) 688-4282
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

Party: First Nations Summit

Counsel
Names
Hugh M.G. Braker, Q.C.
Arthur Pape
Jean Teillet
Stacey Edzerza Fox
Anja Brown
Contact information
Braker & Company
Suite 1108 - 100 Park Royal
West Vancouver, British Columbia
V7T 1A2
Telephone: (250) 723-1993
FAX: (250) 723-1994
Email: hbraker@island.net
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

Party: Dene Tha' First Nation

Counsel
Names
Robert C. Freedman
Dominique Nouvet
Albert C. Peeling
Contact information
Cook, Roberts
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
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

Party: Tenimgyet, also known as Art Matthews, Gitxsan Heriditary Chief

Counsel
Names
Robert J. M. Janes
Dominique Nouvet
Contact information
Cook, Roberts
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
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

Party: Business Council of British Columbia, Aggregate Producers Association of British Columbia, British Columbia & Yukon Chamber of Mines, British Columbia Chamber of Commerce, Council of Forest Industries and Mining Association of British Columbia

Counsel
Name
Charles F. Willms
Contact information
Fasken Martineau DuMoulin
2100 - 1075 Georgia St West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: British Columbia Cattlemen's Association

Counsel
Name
Thomas Isaac
Contact information
McCarthy Tétrault LLP
P.O. Box 10424, Suite 1300
777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5987
FAX: (604) 622-5653
Agent
Name
Gregory Tzemenakis
Contact information
McCarthy Tétrault LLP
40 Elgin Street
Suite 1400
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: gtzemena@mccarthy.ca

Party: Village of Port Clements

Counsel
Name
Stuart A. Rush, Q.C.
Contact information
Rush, Crane, Guenther & Adams
300 - 111 Water Street
Vancouver, British Columbia
V6B 1A7
Telephone: (604) 687-5611
FAX: (604) 681-0912
Email: stuart@rcga.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

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.

The area within Tree Farm Licence 39 ("T.F.L."), known as Block 6 is made up of several areas, all of which are located on the islands of Haida Gwaii and contains old growth forests and second growth forests. For more than 100 years, the Haida people have claimed title to all the lands and surrounding waters of the Queen Charlotte Islands. MacMillan Bloedel Limited ("MBL") was engaged in logging timber on the Queen Charlotte Islands since about the time of W.W.I, acquired T.F.L. 39 in 1961 and conducted logging operations until the transfer of its rights under T.F.L. 39 to Weyerhaeuser Company Limited in November 1999. T.F.L. 39 granted to MBL the exclusive right to harvest quantities of timber on the Queen Charlotte Islands within the areas collectively known as Block 6. In 1981 and 1995, the Minister offered to replace, and upon acceptance of the offer by MBL, did replace T.F.L. 39 pursuant to the procedure authorized by the Forest Act. In February 1995, the Haida Nation filed a petition challenging the validity of the replacement of T.F.L. 39 that became effective March 1, 1995. That litigation was never formally concluded. On September 1, 1999, the Minister sent to MBL an offer to replace T.F.L. 39 and on February 10, 2000, the Minister issued the replacement to Weyerhaeuser effective March 1, 2000. The three decisions of the Minister to replace T.F.L. 39, which were all complained of, were all made without the consent of the Haida Nation, and the decisions in 1995 and 2000 were made against the objections of the Haida. The Haida also objected to the transfer of T.F.L. 39 from MBL to Weyerhaeuser.

The Haida applied for a declaration that the 1981, 1995 and 2000 replacements of T.F.L. 39 relating to Block 6 were invalid and for orders quashing the replacements because the fiduciary and legal duty of the Crown to consult with the Haida had not been complied with and had been ignored. They sought to set aside the transfer of T.F.L. 39 from MBL to Weyerhaeuser and the Minister's decisions to replace T.F.L. 39 in 1981, 1995 and 2000. On November 21, 2000, the chambers judge dismissed the petition. The Court of Appeal allowed the appeal and decided that the provincial Crown and Weyerhaeuser had a duty to consult the Haida people in 1999 and 2000 about accommodating their aboriginal title and rights when consideration was given to renewal of T.F.L. 39 and Block 6. Weyerhaeuser obtained a rehearing. The Court of Appeal confirmed that the provincial Crown had in 2000, and the Crown and Weyerhaeuser have now, legally enforceable duties to the Haida people to consult with them in good faith and to seek a workable accommodation.

Lower court rulings

November 21, 2000
Supreme Court of British Columbia

3394

Haida Nation's petition for judicial review, dismissed
February 27, 2002
Court of Appeal for British Columbia (Vancouver)

CA027999

Haida Nation's appeal allowed:obligation by provincial Crown and Weyerhaeuser to consult with the Haida Nation concerning potential infringements of aboriginal title and rights; parties free to apply to a judge of the Supreme Court of British Columbia for
April 18, 2002
Court of Appeal for British Columbia (Vancouver)

CA027999

it is ordered that the time period for filing an application for leave to appeal to S.C. be extended to 60 days following the decision of this Court following the suppl. hearing scheduled for June 4, 2002
August 19, 2002
Court of Appeal for British Columbia (Vancouver)

CA027999

Additional reasons for judgment: order that all reference in the original reasons to any breach by Weyerhaeuser of its duty to consult the Haida Nation expunged from the original reasons, by consent of the parties; provincial crown in 2000 and the Crown

Filed documents

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Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

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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.

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Date modified: 2025-05-13