Case information
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37079
Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson, et al. v. Attorney General of Canada, et al.
(Federal) (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) |
|---|---|---|
| 2016-11-15 | Close file on Leave | |
| 2016-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-14 | Judgment on leave sent to the parties | |
| 2016-11-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-313-15, 2016 FCA 118, dated April 19, 2016, dismissed with costs to the respondents, the Attorney General of Canada, the Musqueam First Nation and the Tsawwassen First Nation. Dismissed, with costs |
|
| 2016-10-17 | All materials on application for leave submitted to the Judges, Mo Côt Br | |
| 2016-09-01 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-09-01, (Electronic version filed on 2016-09-01) | Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson |
| 2016-08-22 | Certificate (on limitations to public access) | Musqueam First Nation |
| 2016-08-22 | Respondent's response on the application for leave to appeal, Completed on: 2016-08-22 | Musqueam First Nation |
| 2016-08-16 | Certificate (on limitations to public access) | Tsawwassen First Nation |
| 2016-08-16 | Respondent's response on the application for leave to appeal, Completed on: 2016-08-16 | Tsawwassen First Nation |
| 2016-08-11 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2016-08-11 | Respondent's response on the application for leave to appeal, Completed on: 2016-08-11 | Attorney General of Canada |
| 2016-06-21 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2016-06-17 | Notice of name, (Letter Form), (Electronic version filed on 2016-06-17) | Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson |
| 2016-06-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-17) | Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson |
| 2016-06-17 | Application for leave to appeal, (Book Form), Completed on: 2016-06-21, (Electronic version filed on 2016-06-17) | Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson |
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 |
|---|---|---|
| Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson | Applicant | Active |
| Councilors Lindsay Wilson, Janice Wilson, Jim Hornbrook and Danny Wilson on their own behalf and on behalf of the members of the Hwlitsum First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Musqueam First Nation | Respondent | Active |
| Tsawwassen First Nation | Respondent | Active |
| Cowichan Tribes, Halalt First Nation, Chemainus First Nation and Penelakut First Nation | Respondent | Active |
Counsel
Party: Hwlitsum First Nation, as represented by its Chief and Council Chief Raymond Clayton Wilson
Counsel
Paul E. Reid
Box 44 Site 8
RR 1
Priddis, Alberta
T0L 1W0
Telephone: (403) 931-4047
FAX: (403) 931-4048
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Councilors Lindsay Wilson, Janice Wilson, Jim Hornbrook and Danny Wilson on their own behalf and on behalf of the members of the Hwlitsum First Nation
Counsel
Paul E. Reid
Box 44 Site 8
RR 1
Priddis, Alberta
T0L 1W0
Telephone: (403) 931-4047
FAX: (403) 931-4048
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General of Canada
Counsel
Alex Semple
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-5353
FAX: (604) 775-7557
Email: steven.postman@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Musqueam First Nation
Counsel
Crystal Reeves
Suite 422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: rosanne@mandellpinder.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Tsawwassen First Nation
Counsel
Fred Sheppard
1000 - 1199 West Hastings Street
Vancouver, British Columbia
V6E 3T5
Telephone: (604) 891-1117
FAX: (604) 669-5101
Email: aplant@glgmlaw.com
Agent
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5576
FAX: (613) 702-5560
Email: mpower@juristespower.ca
Party: Cowichan Tribes, Halalt First Nation, Chemainus First Nation and Penelakut First Nation
Counsel
671 D Market Hill
Vancouver, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
FAX: (604) 879-4934
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.
Charter of Rights – Right to equality – Discrimination – Aboriginal law – Fishing – Indian Bands – Applicants seeking interim injunction pending resolution of their application for judicial review of decision of Department of Fisheries and Oceans to “unconstitutionally manage the entire west coast fishery” – What is proper consideration of a serious issue and irreparable harm as set out in Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, tripartite test in context of a claim to Aboriginal right to fish.
The applicants sought an interim injunction pending the resolution of their application for judicial review of a decision of the Department of Fisheries and Oceans (“DFO”), and an order allowing them to engage in their coastal fishery pursuant to their asserted aboriginal right to fish. They sought to enjoin DFO from interfering with that right and from imposing any conditions on it “at all times and seasons of the year within their traditional territory” other than for bona fide conservation purposes.
Lower court rulings
Federal Court
T-2072-14, 2015 FC 800
Applicants’ motion for interim injunction dismissed
Federal Court of Appeal
A-313-15, 2016 FCA 118
Applicants’ 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
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