Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39111
Coldwater Indian Band, 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) |
---|---|---|
2021-03-05 | Close file on Leave | |
2020-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2020-07-03 | Judgment on leave sent to the parties | |
2020-07-02 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A 324 19, A 325 19, A 326 19, A 327 19, 2020 FCA 34, dated February 4, 2020, are dismissed with costs. Dismissed, with costs |
|
2020-06-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2020-05-21 | Certificate (on limitations to public access), (Letter Form), 23B - Reply - FIRST APPLICATION | Coldwater Indian Band |
2020-05-21 | Certificate (on limitations to public access), (Letter Form), 23A - Reply - FIRST APPLICATION | Coldwater Indian Band |
2020-05-20 | Certificate (on limitations to public access), (Letter Form), 23B - Reply - THIRD APPLICATION | Squamish Nation |
2020-05-20 | Certificate (on limitations to public access), (Letter Form), 23A - Reply - THIRD APPLICATION | Squamish Nation |
2020-05-14 |
Applicant's reply to respondent's argument, (Book Form), THIRD APPLICATION Missing: Form 23B (rec' 05/20/20), Completed on: 2020-05-21 |
Squamish Nation |
2020-05-14 |
Applicant's reply to respondent's argument, (Book Form), FIRST APPLICATION Missing: Form 23B (rec' 05/21/20), Completed on: 2020-05-26 |
Coldwater Indian Band |
2020-05-14 | Certificate (on limitations to public access), (Letter Form), 23B - SECOND APPLICATION | Tsleil-Waututh Nation |
2020-05-14 | Applicant's reply to respondent's argument, (Book Form), SECOND APPLICATION, Completed on: 2020-05-14 | Tsleil-Waututh Nation |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23B - THIRD APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 |
Certificate (on limitations to public access), (Letter Form), 23A - THIRD APPLICATION Missing: Amended form 23A required. (rec' 05/29/20) |
Trans Mountain Pipeline ULC |
2020-05-04 | Notice of name, (Letter Form), THIRD APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 |
Respondent's response on the application for leave to appeal, (Book Form), THIRD APPLICATION Missing: Amended form 23A required. (rec' 05/29/20), Completed on: 2020-05-29 |
Trans Mountain Pipeline ULC |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23B - SECOND APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 |
Certificate (on limitations to public access), (Letter Form), 23A - SECOND APPLICATION Missing: Amended form 23A required. (rec' 05/29/20) |
Trans Mountain Pipeline ULC |
2020-05-04 | Notice of name, (Letter Form), SECOND APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 |
Respondent's response on the application for leave to appeal, (Book Form), SECOND APPLICATION Missing: Amended form 23A required. (rec' 05/29/20), Completed on: 2020-05-29 |
Trans Mountain Pipeline ULC |
2020-05-04 | Correspondence received from, (Letter Form), RE: New Affidavit - FIRST APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23B - FIRST APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 |
Certificate (on limitations to public access), (Letter Form), 23A - FIRST APPLICATION Missing: Amended form 23A required. (rec' 05/29/20) |
Trans Mountain Pipeline ULC |
2020-05-04 | Notice of name, (Letter Form), FIRST APPLICATION | Trans Mountain Pipeline ULC |
2020-05-04 |
Respondent's response on the application for leave to appeal, (Book Form), FIRST APPLICATION Missing: Amended form 23A required. (rec' 05/29/20), Completed on: 2020-05-29 |
Trans Mountain Pipeline ULC |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23B - THIRD APPLICATION | Attorney General of Canada |
2020-05-04 |
Certificate (on limitations to public access), (Letter Form), 23A - THIRD APPLICATION Missing: Amended form 23A required. (rec' 05/20/20) |
Attorney General of Canada |
2020-05-04 |
Respondent's response on the application for leave to appeal, (Book Form), THIRD APPLICATION Missing: Amended form 23A required. (rec' 05/20/20), Completed on: 2020-05-21 |
Attorney General of Canada |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23B - SECOND APPLICATION | Attorney General of Canada |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23A - SECOND APPLICATION | Attorney General of Canada |
2020-05-04 | Respondent's response on the application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2020-05-04 | Attorney General of Canada |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23B - FIRST APPLICATION | Attorney General of Canada |
2020-05-04 | Certificate (on limitations to public access), (Letter Form), 23A - FIRST APPLICATION | Attorney General of Canada |
2020-05-04 | Respondent's response on the application for leave to appeal, (Book Form), FIRST APPLICATION, Completed on: 2020-05-04 | Attorney General of Canada |
2020-04-23 | Letter acknowledging receipt of a complete application for leave to appeal, THIRD APPLICATION - FILE OPENED 04/23/20 | |
2020-04-23 | Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION - FILE OPENED 04/23/20 | |
2020-04-23 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FIRST APPLICATION - FILE OPENED 04/23/20 | |
2020-04-16 | Discontinuance of the application for leave to appeal, (Letter Form), FOURTH APPLICATION | Aitchelitz, Skowkale, ShxwhÁ:y Village, Soowahlie, Squiala First Nation, Tzeachten, Yakweakwioose |
2020-04-06 | Certificate (on limitations to public access), (Letter Form), 23B - FOURTH APPLICATION | Aitchelitz, Skowkale, ShxwhÁ:y Village, Soowahlie, Squiala First Nation, Tzeachten, Yakweakwioose |
2020-04-06 | Certificate (on limitations to public access), (Letter Form), 23A - FOURTH APPLICATION | Aitchelitz, Skowkale, ShxwhÁ:y Village, Soowahlie, Squiala First Nation, Tzeachten, Yakweakwioose |
2020-04-06 | Notice of name, (Letter Form), FOURTH APPLICATION | Aitchelitz, Skowkale, ShxwhÁ:y Village, Soowahlie, Squiala First Nation, Tzeachten, Yakweakwioose |
2020-04-06 | Application for leave to appeal, (Book Form), FOURTH APPLICATION, Completed on: 2020-04-06 | Aitchelitz, Skowkale, ShxwhÁ:y Village, Soowahlie, Squiala First Nation, Tzeachten, Yakweakwioose |
2020-04-03 | Certificate (on limitations to public access), (Letter Form), 23B - THIRD APPLICATION | Squamish Nation |
2020-04-03 | Certificate (on limitations to public access), (Letter Form), 23A - THIRD APPLICATION, Amended 23A required. (rec' 05/20/20) | Squamish Nation |
2020-04-03 | Notice of name, (Letter Form), THIRD APPLICATION | Squamish Nation |
2020-04-03 | Book of authorities, (Book Form), THIRD APPLICATION, Completed on: 2020-04-03 | Squamish Nation |
2020-04-03 |
Application for leave to appeal, (Book Form), (6 volumes), THIRD APPLICATION Missing: Amended form 23A required. (rec' 05/20/20), Completed on: 2020-05-21 |
Squamish Nation |
2020-04-03 | Certificate (on limitations to public access), (Letter Form), 23B - SECOND APPLICATION | Tsleil-Waututh Nation |
2020-04-03 | Certificate (on limitations to public access), (Letter Form), 23A - SECOND APPLICATION | Tsleil-Waututh Nation |
2020-04-03 | Notice of name, (Letter Form), SECOND APPLICATION | Tsleil-Waututh Nation |
2020-04-03 | Application for leave to appeal, (Book Form), (2 volumes), SECOND APPLICATION, Completed on: 2020-04-03 | Tsleil-Waututh Nation |
2020-04-03 | Certificate (on limitations to public access), (Letter Form), 23B - FIRST APPLICATION | Coldwater Indian Band |
2020-04-03 | Certificate (on limitations to public access), (Letter Form), 23A - FIRST APPLICATION | Coldwater Indian Band |
2020-04-03 | Notice of name, (Letter Form), FIRST APPLICATION | Coldwater Indian Band |
2020-04-03 |
Application for leave to appeal, (Book Form), (5 volumes), FIRST APPLICATION Missing: CA Order-rec'd 2020/04/24 Required: Amended cover pages/material containing the correct style of cause. (rec' 05/08/20), Completed on: 2020-05-19 |
Coldwater Indian Band |
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 |
---|---|---|
Coldwater Indian Band | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Attorney General of Canada | Respondent | Active |
Trans Mountain Pipeline ULC | Respondent | Active |
Trans Mountain Corporation | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
Tsleil-Waututh Nation | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Attorney General of Canada | Respondent | Active |
Trans Mountain Corporation | Respondent | Active |
Trans Mountain Pipeline ULC | Respondent | Active |
And Between
Name | Role | Status |
---|---|---|
Squamish Nation | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Attorney General of Canada | Respondent | Active |
Trans Mountain Pipeline ULC | Respondent | Active |
Trans Mountain Corporation | Respondent | Active |
Counsel
Party: Coldwater Indian Band
Counsel
Emma K. Hume
Cam Brewer
500 - 221 West Esplanade
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 983-7605
FAX: (604) 988-1452
Email: MKirchner@ratcliff.com
Agent
130, rue Albert
bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5566
FAX: (613) 702-5566
Email: DBosse@juristespower.ca
Party: Squamish Nation
Counsel
Michelle L. Bradley
500 - 221 West Esplanade
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 983-7605
FAX: (604) 988-1452
Email: MKirchner@ratcliff.com
Agent
1103-130 Albert St.
Ottawa, Ontario
Telephone: (613) 702-5573
Email: dbosse@powerlaw.ca
Party: Tsleil-Waututh Nation
Counsel
Paul Seaman
Keith Brown
550 Burrard Street
Suite 2300, Bentall 5
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 891-2764
FAX: (604) 443-6784
Email: scott.smith@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Anita Balakumar
Dayna Anderson
Sarah Bird
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0110
FAX: (604) 666-1585
Email: jan.brongers@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Trans Mountain Pipeline ULC
Counsel
Olivia Dixon
Sean Sutherland
Emily MacKinnon
Suite 2500, Trans Canada Tower
450 - 1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7003
FAX: (403) 260-7024
Email: mkilloran@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Party: Trans Mountain Corporation
Counsel
Olivia Dixon
Sean Sutherland
Emily MacKinnon
Suite 2500, Trans Canada Tower
450 - 1st Street S.W.
Calgary, Alberta
T2P 5H1
Telephone: (403) 260-7003
FAX: (403) 260-7024
Email: mkilloran@osler.com
Agent
Suite 1900
340 Albert Street
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: glangen@osler.com
Summary
Keywords
Administrative law — Judicial review — Boards and tribunals — National Energy Board — Trans Mountain Pipeline — What is the standard of consultation when the Aboriginal interest affected is established — To what extent does proportionality calibrate consultation and accommodation of a vital established Aboriginal interest — What measure of deference do reviewing courts owe the Crown when the honour of the Crown is engaged and to what extent is the underlying evidentiary record to be scrutinized — How should a court review the adequacy of Crown consultation — What is the required approach to accommodation — What is the extent of the Crown’s procedural and substantive obligations when deep consultation is required — Does the honour of the Crown require meaningful, two-way dialogue that includes consideration of infringement and justification in the context of the Crown’s duty to consult and accommodate?
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.
By Order in Council P.C. 2019 0820 dated June 18, 2019, the Governor in Council approved the Trans Mountain Pipeline expansion project for the second time. Six sets of parties were granted leave by the Federal Court of Appeal to judicially review that decision. In a unanimous decision, the Federal Court of Appeal determined that the Governor in Council’s re approval was reasonable and dismissed all of the applications for judicial review.
Lower court rulings
Federal Court of Appeal
(A-217-16, A-218-16, A-223-16), (A-224-16, A-225-16, A-232-16), (A-68-17, A-74-17, A-75-17), (A-76-17, A-77-17, A-84-17), (A-86-17), 2018 FCA 153, A-78-17
See file.
Federal Court of Appeal
(A-325-19, A-326-19, A-327-19), 2020 FCA 34, A-324-19
Applications for judicial review 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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