Case information
Consult our database for details on a Supreme Court of Canada case.
38325
Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond Wilson, et al. v. Attorney General of Canada, 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) |
|---|---|---|
| 2019-04-03 | Close file on Leave | |
| 2019-03-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-03-29 | Judgment on leave sent to the parties | |
| 2019-03-28 |
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), Number CA44365, 2018 BCCA 276, dated July 10, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-02-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-11-13 | Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond Wilson |
| 2018-11-02 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding, however they adopt the positions of the Attorney General of Canada and the Province of British Columbia. They also reserve the right to participate in the appeal if leave is granted., Completed on: 2018-11-02 | Corporation of Delta |
| 2018-11-02 | Certificate (on limitations to public access), (Letter Form) | Tsawwassen First Nation |
| 2018-11-02 | Notice of name, (Letter Form) | Tsawwassen First Nation |
| 2018-11-02 | Certificate (on limitations to public access), (Letter Form) | Penelakut Tribe |
| 2018-11-02 | Notice of name, (Letter Form) | Penelakut Tribe |
| 2018-11-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-02 | Penelakut Tribe |
| 2018-11-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-01 | Tsawwassen First Nation |
| 2018-11-01 | Certificate (on limitations to public access), (Letter Form) | Musqueam Indian Band |
| 2018-11-01 | Notice of name, (Letter Form) | Musqueam Indian Band |
| 2018-11-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-01 | Musqueam Indian Band |
| 2018-11-01 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen in the Right of the Province of British Columbia |
| 2018-11-01 | Notice of name, (Letter Form) | Her Majesty the Queen in the Right of the Province of British Columbia |
| 2018-11-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-01 | Her Majesty the Queen in the Right of the Province of British Columbia |
| 2018-11-01 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2018-11-01 | Notice of name, (Letter Form) | Attorney General of Canada |
| 2018-11-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-01 | Attorney General of Canada |
| 2018-10-31 | Certificate (on limitations to public access), (Letter Form) | City of Vancouver |
| 2018-10-31 | Notice of name, (Letter Form) | City of Vancouver |
| 2018-10-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-31 | City of Vancouver |
| 2018-10-30 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response but will participate to the appeal is leave is granted., Completed on: 2018-10-30 | Capital Regional District |
| 2018-10-25 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response but will participate to the appeal is leave is granted., Completed on: 2018-10-25 | City of Richmond |
| 2018-10-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/10/03 | |
| 2018-09-28 | Certificate (on limitations to public access), (Letter Form) | Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond Wilson |
| 2018-09-28 | Notice of name, (Letter Form) | Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond Wilson |
| 2018-09-28 | Book of authorities, (Book Form), Completed on: 2018-09-28 | Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond Wilson |
| 2018-09-28 | Application for leave to appeal, (Book Form), BCSC Order rec'd 2018/10/18; BCCA Order missing-rec'd 2019/01/03, Completed on: 2019-01-03 | Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond 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 Wilson | Applicant | Active |
| and Councillors Lindsey Wilson, Janice Wilson, Jim Hornbrook and Danny Wilson on their own behalf and on behalf of the members of Hwlitsum First Nation | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Her Majesty the Queen in the Right of the Province of British Columbia | Respondent | Active |
| City of Vancouver | Respondent | Active |
| Vancouver Park Board | Respondent | Active |
| City of Richmond | Respondent | Active |
| Corporation of Delta | Respondent | Active |
| Capital Regional District | Respondent | Active |
| Islands Trust | Respondent | Active |
| Tsawwassen First Nation | Respondent | Active |
| Penelakut Tribe | Respondent | Active |
| Musqueam Indian Band | Respondent | Active |
Counsel
Party: Hwlitsum First Nation, as represented by its Chief and Council, Chief Raymond Wilson
Counsel
Dana Martin
282050 Hwy 22W
Foothills, Alberta
T0L 1W2
Telephone: (403) 931-4047
FAX: (403) 931-4048
Email: jrath@rathandcompany.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: and Councillors Lindsey Wilson, Janice Wilson, Jim Hornbrook and Danny Wilson on their own behalf and on behalf of the members of Hwlitsum First Nation
Counsel
Dana Martin
282050 Hwy 22W
Foothills, Alberta
T0L 1W2
Telephone: (403) 931-4047
FAX: (403) 931-4048
Email: jrath@rathandcompany.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
Nicolas Claridge
Litigation and Dispute Resolution Services
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-8530
FAX: (604) 666-2710
Email: erin.tully@justice.gc.ca
Agent
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Her Majesty the Queen in the Right of the Province of British Columbia
Counsel
1405 Douglas Street, 3rd Floor
P.O. Box 9270, Stn. Prov. Govt
Victoria, British Columbia
V8W 9J5
Telephone: (250) 387-0417
FAX: (250) 387-0343
Email: glen.r.thompson@gov.bc.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: City of Vancouver
Counsel
1200 Waterfront Centre
200 Burrard Street; P.O. Box 48600
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Email: skerwin@blg.com
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Vancouver Park Board
Counsel
1200 Waterfront Centre
200 Burrard Street; P.O. Box 48600
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Email: skerwin@blg.com
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: City of Richmond
Counsel
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: bolthuis@litigationchambers.com
Party: Corporation of Delta
Counsel
P.O. Box 12147, Nelson Square
1616 - 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-7400
FAX: (604) 689-3444
Email: harding@younganderson.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Capital Regional District
Counsel
2nd Floor, 837 Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (250) 380-7744
FAX: (250) 380-3008
Email: rmacquisten@sms.bc.ca
Party: Islands Trust
Counsel
P.O. Box 12147, Nelson Square
1616 - 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 689-7400
FAX: (604) 689-3444
Email: harding@younganderson.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Tsawwassen First Nation
Counsel
1000 - 1199 West Hastings Street
Vancouver, British Columbia
V6E 3T5
Telephone: (604) 891-1186
FAX: (604) 669-5101
Email: gplant@glgzlaw.com
Party: Penelakut Tribe
Counsel
671D Market Hill
Vancouver, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
FAX: (604) 879-4934
Email: graham@rklitigation.ca
Party: Musqueam Indian Band
Counsel
422-1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: crystal@mandellpinder.com
Summary
Keywords
Civil procedure — Standing — Aboriginal law — Abuse of process — Summary determination — What is the test to determine the standing of a contemporary rights-bearing community? — In the context of standing and s. 35 rights, what is suitable for determination on a summary basis?
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 Hwlitsum First Nation [“HFN”], previously known as the Wilson Family of Canoe Pass Band, is a collective of Status Indians descended from the Coast Salish community of Lamalcha Indians. The HFN filed a representative action in November 2014 seeking declarations of Aboriginal rights and title over the lower mainland of British Columbia, southern Vancouver Island, the Gulf Islands, and lands and waters related to those areas. The Penelakut Tribe had previously commenced a claim of Aboriginal rights and title to the land held by the Lamalcha Tribe in 2003. Canada, supported by all respondents, brought an application in 2015 to strike the HFN proceeding on the basis that the HFN do not have standing to bring an action as a representative proceeding and that it is an abuse of process. The British Columbia Supreme Court summarily dismissed the representative claim which was subsequently upheld by the British Columbia Court of Appeal.
Lower court rulings
Supreme Court of British Columbia
S-148643, 2017 BCSC 475
Representative claim summarily dismissed.
Court of Appeal for British Columbia (Vancouver)
2018 BCCA 276, CA44365
Appeal dismissed.
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
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 613-996-8666 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