Case information
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34909
Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation v. Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Agriculture and Lands, 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) |
|---|---|---|
| 2012-11-20 | Close file on Leave | |
| 2012-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-11-16 | Judgment on leave sent to the parties | |
| 2012-11-15 |
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 British Columbia (Vancouver), Numbers CA038705 and CA038707, 2012 BCCA 193, dated May 3, 2012, is dismissed with costs. Dismissed, with costs |
|
| 2012-10-22 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-09-10 | Applicant's reply to respondent's argument, Joint, Completed on: 2012-09-10 | Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation |
| 2012-08-31 | Respondent's response on the application for leave to appeal, (Book Form), CD and service rec'd Sept. 5//12, Completed on: 2012-08-31 | Attorney General of Canada |
| 2012-08-30 | Book of authorities, (Book Form) | Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Agriculture and Lands |
| 2012-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Electronic version rec'd by email, Completed on: 2012-09-04 | Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Agriculture and Lands |
| 2012-08-14 | Correspondence received from, Ms. Carmichael by fax dated Aug. 14/12 re: Formal Order Form - original rec'd Aug. 21/12 | Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation |
| 2012-08-03 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2012-08-02 | Book of authorities, (Book Form), (4 volumes) | Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation |
| 2012-08-02 | Application for leave to appeal, (Book Form), (2 volumes) - C/A order rec'd on September 7, 2012, Completed on: 2012-09-07 | Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation |
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 |
|---|---|---|
| Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Agriculture and Lands | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Chief Robert Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation, on his own behalf and on behalf of all members of the Kwicksutaineuk/Ah-Kwa-Mish First Nation
Counsel
Reidar Mogerman
400 - 856 Homer Street
Vancouver, British Columbia
V6B 2W5
Telephone: (604) 689-7555
FAX: (604) 689-7554
Email: jjcamp@cfmlawyers.ca
Agent
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Agriculture and Lands
Counsel
Sara Knowles
Joel Oliphant
Hugh Gwillim
2600, Three Bentall Centre
P.O. Box 49314, 595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Attorney General of Canada
Counsel
Steven Postman
Alex Semple
840 Howe Street
Suite 900
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2134
FAX: (604) 666-2760
Email: harry.wruck@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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.
Civil Procedure – Class actions – Aboriginal law – Fishing rights – Certification of action – Identifiable class – Clear and objective criteria for the identification of members of the plaintiff class – “Aboriginal collectives” as members of plaintiff class – To what extent are aboriginal peoples juridical persons with the legal capacity to sue or assert causes of action in their own right? – To what extent can aboriginal people use class proceedings to litigate issues involving aboriginal rights and title? – Class Proceedings Act, R.S.B.C. 1996, c.50
Chief Robert Chamberlin is the Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation (KAFN). The KAFN is one of several aboriginal groups inhabiting areas in proximity to the Broughton Archipelago in British Columbia. On his own behalf and on behalf of all of the members of the KAFN, Mr. Chamberlin filed a statement of claim against the Province of British Columbia and the Attorney General of Canada alleging in part that (i) the Province’s regulation of salmon aquaculture was responsible for a significant decline in wild salmon stocks in the waters of the Broughton Archipelago, (ii) that the operation of salmon aquaculture had reduced or destroyed the ability of members of the KAFN to harvest sufficient quantities of wild salmon to satisfy their sustenance, social and ceremonial needs, and (iii) that the conduct of both the federal and provincial Crowns in regulating salmon aquaculture infringed aboriginal fishing rights protected by s. 35 of the Constitution Act, 1982.
Pursuant to the Class Proceedings Act, R.S.B.C. 1996, c. 50, Mr. Chamberlin applied to have his action certified as a class action “on behalf of all aboriginal collectives who have or assert constitutionally protected aboriginal and/or treaty rights to fish wild salmon for food, social, and ceremonial purposes […] within the Broughton Archipelago”.
Lower court rulings
Supreme Court of British Columbia
S090848, 2010 BCSC 1699
Order certifying the action brought by the applicant as a class proceeding, granted
Court of Appeal for British Columbia (Vancouver)
2012 BCCA 193, CA038705, CA038707
Appeal allowed and order certifying the action as a class proceeding, rescinded
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available