Case information
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35733
Cold Lake First Nations v. Her Majesty the Queen in Right of Alberta as represented by the Minister of Tourism, Parks and Recreation
(Alberta) (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) |
|---|---|---|
| 2014-05-20 | Close file on Leave | |
| 2014-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-05-16 | Judgment on leave sent to the parties | |
| 2014-05-15 |
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 of Alberta (Edmonton), Number 1203-0254-AC, 2013 ABCA 443, dated December 20, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2014-04-14 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2014-03-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-03-28, (Electronic version filed on 2014-03-28) | Cold Lake First Nations |
| 2014-03-19 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen in Right of Alberta as represented by the Minister of Tourism, Parks and Recreation |
| 2014-03-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-03-19, (Electronic version filed on 2014-03-19) | Her Majesty the Queen in Right of Alberta as represented by the Minister of Tourism, Parks and Recreation |
| 2014-02-19 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2014-02-18 | Certificate (on limitations to public access) | Cold Lake First Nations |
| 2014-02-18 | Notice of name | Cold Lake First Nations |
| 2014-02-18 | Application for leave to appeal, (Book Form), Completed on: 2014-02-18, (Electronic version filed on 2014-02-19) | Cold Lake First Nations |
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 |
|---|---|---|
| Cold Lake First Nations | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Alberta as represented by the Minister of Tourism, Parks and Recreation | Respondent | Active |
Counsel
Party: Cold Lake First Nations
Counsel
2500, 10303 Jasper Ave.
Edmonton, Alberta
T5J 3N6
Telephone: (780) 428-0501
FAX: (780) 429-2559
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Her Majesty the Queen in Right of Alberta as represented by the Minister of Tourism, Parks and Recreation
Counsel
Angela L. Edington
10025 A Avenue
Suite 1000
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 643-0859
FAX: (780) 643-0852
Email: stephanie.latimer@gov.ab.ca
Agent
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.
Aboriginal law — Crown — Duty to consult — What is Crown’s obligation to make disclosure to First Nations during consultation process — What procedural safeguards are required to meet principles of natural justice and Honour of Crown where Crown is project proponent, engaged in consultation, and ultimate decision-maker — What steps must Crown take to inform itself of facts or evidence necessary for its decision-making?
The issue in this case is whether the Alberta government fulfilled its duty to consult the Cold Lake First Nations when Tourism, Parks and Recreation proceeded with a campground redevelopment and expansion at the English Bay Provincial Recreation Area. The Cold Lake First Nations sought judicial review of the decision to end the consultation and the decision to commence construction. The originating notice sought a declaration that the Minister had breached her duty to consult with Cold Lake First Nations and an order quashing the decision to proceed with construction.
The reviewing judge set aside the decision to proceed with construction and ordered that the consultation process continue. The majority of the Court of Appeal allowed the appeal and the decision to proceed with the development restored. The dissenting opinion at the Court of Appeal would have dismissed the Crown appeal, found the reviewing judge’s decision reasonable and accorded it deference.
Lower court rulings
Court of Queen’s Bench of Alberta
1103 07145, 2012 ABQB 579
Director of Parks decision to terminate discussions and proceed with construction of recreation Area set aside; process of consultation to continue.
Court of Appeal of Alberta (Edmonton)
1203-0254-AC, 2013 ABCA 443
Appeal allowed; Director of Parks decision to proceed with development restored.
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 613-996-8666 or at 1-844-365-9662.
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
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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