Case information
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30856
Wilbert Brent Blackbird, et al. v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2005-09-12 | Close file on Leave | |
| 2005-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-26 | Judgment on leave sent to the parties | |
| 2005-08-25 |
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 for Ontario, Number C41206, dated January 31, 2005, is dismissed without costs. Dismissed, without costs |
|
| 2005-06-20 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-05-06 | Applicant's reply to respondent's argument, Completed on: 2005-05-06 | Wilbert Brent Blackbird |
| 2005-04-27 | Respondent's response on the application for leave to appeal, Completed on: 2005-04-27 | Her Majesty the Queen |
| 2005-04-18 | Correspondence received from, Letter rec'd from Russell M. Raikes dated April 13, 2005 re: no formal trial Court order issued | Wilbert Brent Blackbird |
| 2005-04-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-03-31 | Application for leave to appeal, Completed on: 2005-03-31 | Wilbert Brent Blackbird |
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 |
|---|---|---|
| Blackbird, Wilbert Brent | Applicant | Active |
| Lorne Elliot Greenbird, Kris Grant Jacobs, Jeffery Vernon Jones, Ralph Edward Jones, Joseph Ross Sampson, William Reginald Sands Sr., William Ashquab Sands Jr., Ken Shipman Jr., | Applicant | Active |
| John Foster Soney, Winston Allen Soney and Bruce Lee Wright | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Blackbird, Wilbert Brent
Counsel
John C. Peters
One London Place, 11th Flr.
255 Queens Ave.
London, Ontario
N6A 5R8
Telephone: (519) 672-9330
FAX: (519) 672-5960
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Lorne Elliot Greenbird, Kris Grant Jacobs, Jeffery Vernon Jones, Ralph Edward Jones, Joseph Ross Sampson, William Reginald Sands Sr., William Ashquab Sands Jr., Ken Shipman Jr.,
Counsel
John C. Peters
One London Place, 11th Flr.
255 Queens Ave.
London, Ontario
N6A 5R8
Telephone: (519) 672-9330
FAX: (519) 672-5960
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: John Foster Soney, Winston Allen Soney and Bruce Lee Wright
Counsel
John C. Peters
One London Place, 11th Flr.
255 Queens Ave.
London, Ontario
N6A 5R8
Telephone: (519) 672-9330
FAX: (519) 672-5960
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Her Majesty the Queen
Counsel
Croft Michaelson
The Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8261
FAX: (416) 973-8253
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Summary
Keywords
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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 Applicants were charged with fifty-three counts of illegal hunting practices on the Walpole Island Indian reserve contrary to the Migratory Birds Convention Act, 1994, S.C. 1994, c. 22 (“MBCA”). The Applicants applied to quash the information under which they were charged on the basis that a 1955 by-law passed by the Band Council was a comprehensive code regulating hunting and fishing on the reserve, which precluded the application of the MBCA and regulations on the reserve.
Hornblower J. of the Ontario Court of Justice granted the application. Brockenshire J. of the Ontario Superior Court of Justice allowed the Respondent’s appeal. The Court of Appeal for Ontario dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
1031/03
Summary conviction appeal allowed; decision of Hornblower J. set aside
Court of Appeal for Ontario
C41206
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available