Case information
Consult our database for details on a Supreme Court of Canada case.
42200
Chief Gold Commissioner of British Columbia, et al. v. Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation, 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) |
|---|---|---|
| 2026-08-17 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2026-08-24) | Chief Gold Commissioner of British Columbia |
| 2026-08-17 | Appellant's book of authorities, (Book Form), Completed on: 2026-08-24, (Printed version filed on 2026-08-24) | Chief Gold Commissioner of British Columbia |
| 2026-08-17 | Appellant's record, (Book Form), 4 Volumes, Completed on: 2026-08-24, (Printed version filed on 2026-08-24) | Chief Gold Commissioner of British Columbia |
| 2026-08-17 | Appellant's factum, (Book Form), Completed on: 2026-08-24, (Printed version filed on 2026-08-24) | Chief Gold Commissioner of British Columbia |
| 2026-06-26 | Correspondence received from, The respondent, indicating no appeal materials will be filed. | Privateer Gold Ltd. |
| 2026-06-22 | Notice of appeal, (Letter Form), Completed on: 2026-08-20, (Printed version filed on 2026-06-22) | Chief Gold Commissioner of British Columbia |
| 2026-06-02 |
Correspondence (sent by the Court) to, all parties; by the REGISTRAR: Further to the judgment of May 21, 2026, granting leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA49428, CA49430, 2025 BCCA 430, dated December 5, 2025, the schedule for serving and filing the material is set as follows: a) The appellant shall serve and file his notice of appeal on or before June 22, 2026. b) The appellant shall serve and file his factum, record and book of authorities, if any, on or before August 17, 2026. c) The Respondents shall serve and file his factum, record and book of authorities, if any, on or before October 13, 2026. d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 14, 2026. e) The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before September 24, 2026. f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 2, 2026. g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 20, 2026. h) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before November 9, 2026. i) The hearing date will be confirmed following a determination by the Court of its hearing schedule and you will be advised accordingly. |
|
| 2026-06-01 | Motion for leave to intervene, (Book Form), Amended version filed on 2026-08-21, Completed on: 2026-06-03, (Printed version filed on 2026-08-20) | Sean Morriss |
| 2026-05-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-05-21 | Judgment on leave sent to the parties | |
| 2026-05-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the motion for leave to intervene is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA49428, CA49430, 2025 BCCA 430, dated December 5, 2025, is granted. The schedule for serving and filing the appeal documents will be set by the Registrar. Granted |
|
| 2026-05-21 |
Decision on motion to extend time, Ka Kas Mor, See decision on application Dismissed, no order as to costs |
|
| 2026-05-21 |
Decision on motion for leave to intervene, Ka Kas Mor, See decision on application Dismissed, no order as to costs |
|
| 2026-04-20 | Supplemental document | Sean Morriss |
| 2026-04-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-04-20 | Submission of motion to extend time, Ka Kas Mor | |
| 2026-04-20 | Submission of motion for leave to intervene, Ka Kas Mor | |
| 2026-04-15 | Supplemental document | Sean Morriss |
| 2026-04-15 | Motion to extend time, (Book Form), to serve and file a motion for an extension of time, Completed on: 2026-04-16 | Sean Morriss |
| 2026-03-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-03-17, (Printed version filed on 2026-03-16) | Chief Gold Commissioner of British Columbia |
| 2026-03-13 | Supplemental document, (Letter Form), 3 Volume | Sean Morriss |
| 2026-03-13 | Motion for leave to intervene, (Book Form), ., Completed on: 2026-03-13, (Printed version filed on 2026-03-27) | Sean Morriss |
| 2026-03-11 | Lower court order - e-filing, (Letter Form), CA49428 and CA49430, (Printed version due on 2026-03-18) | Chief Gold Commissioner of British Columbia |
| 2026-03-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-03-05) | Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation |
| 2026-03-05 | Notice of name, (Letter Form), (Printed version filed on 2026-03-05) | Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation |
| 2026-03-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-03-06, (Printed version filed on 2026-03-05) | Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation |
| 2026-03-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-03-05) | Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation |
| 2026-03-04 | Notice of name, (Letter Form), (Printed version filed on 2026-03-05) | Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation |
| 2026-03-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-03-06, (Printed version filed on 2026-03-05) | Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation |
| 2026-03-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-03-03) | Calvin Manahan, Andre Lyons, and Crystal Forest Ltd. |
| 2026-03-02 | Notice of name, (Letter Form), (Printed version filed on 2026-03-03) | Calvin Manahan, Andre Lyons, and Crystal Forest Ltd. |
| 2026-03-02 | Respondent's response on the application for leave to appeal, (Book Form), ., Completed on: 2026-03-03, (Printed version filed on 2026-03-03) | Calvin Manahan, Andre Lyons, and Crystal Forest Ltd. |
| 2026-02-09 | Notice of change of solicitor, (Letter Form), (Printed version due on 2026-02-16) | Privateer Gold Ltd. |
| 2026-02-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2026-02-03 | Book of authorities, (Book Form), Completed on: 2026-02-06, (Printed version filed on 2026-02-06) | Chief Gold Commissioner of British Columbia |
| 2026-02-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-02-06) | Chief Gold Commissioner of British Columbia |
| 2026-02-03 | Notice of name, (Letter Form), (Printed version filed on 2026-02-06) | Chief Gold Commissioner of British Columbia |
| 2026-02-03 |
Application for leave to appeal, (Book Form), Missing: - CA Orders (Rec 03-12-2026), Completed on: 2026-03-12, (Printed version filed on 2026-02-06) |
Chief Gold Commissioner of British Columbia |
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 Gold Commissioner of British Columbia | Appellant | Active |
| Lieutenant Governor in Council of British Columbia, Attorney General of British Columbia, and His Majesty the King in Right of British Columbia, as represented by the Chief Gold Commissioner | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation | Respondent | Active |
| Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation | Respondent | Active |
| Privateer Gold Ltd. | Respondent | Active |
| Calvin Manahan, Andre Lyons, and Crystal Forest Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Morriss, Sean | Intervener | Pending |
Counsel
Party: Chief Gold Commissioner of British Columbia
Counsel
Sarah Bevan
Heather Cochran
1405 Douglas Street
Victoria, British Columbia
V8W 9N7
Telephone: (250) 356-8892
FAX: (250) 356-9154
Email: leah.greathead@gov.bc.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Lieutenant Governor in Council of British Columbia, Attorney General of British Columbia, and His Majesty the King in Right of British Columbia, as represented by the Chief Gold Commissioner
Counsel
Sarah Bevan
Heather Cochran
1405 Douglas Street
Victoria, British Columbia
V8W 9N7
Telephone: (250) 356-8892
FAX: (250) 356-9154
Email: leah.greathead@gov.bc.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Sm’ooygit Nees Hiwaas, also known as Matthew Hill, on behalf of the Smgyigyetm Gitxaala, and Gitxaala Nation
Counsel
Ruben Tillman
Suite 800 - 555 West Georgia St.
Vancouver, British Columbia
V6B 1Z5
Telephone: (604) 331-1155
FAX: (604) 677-5410
Email: lisa@ngariss.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Ehattesaht First Nation and Chief Simon John in his capacity as Chief of the Ehattesaht First Nation on behalf of all members of the Ehattesaht First Nation
Counsel
Grace Hermansen
500-221 West Esplanade
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: lglowacki@ratcliff.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Privateer Gold Ltd.
Counsel
301 – 38 Fell Ave.
North Vancouver, British Columbia
V7P 3S2
Telephone: (604) 998-1133
Email: meredith.sargent@surespan.com
Party: Calvin Manahan, Andre Lyons, and Crystal Forest Ltd.
Counsel
1040 West Georgia Street
Suite 2100
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 647-3533
Email: deeg@litigationchambers.com
Agent
Suite 300-11 Holland Ave.
Ottawa, Ontario
K1Y 4S1
Telephone: (613) 722-1500
Email: tristan.miller@mannlawyers.com
Party: Morriss, Sean
This party is not represented by counsel.
Summary
Keywords
Constitutional law — Division of powers — Jurisdiction — Provincial system for registering claims to mineral rights on Crown land not providing for prior consultation with affected First Nations — First Nations petitioning British Columbia Supreme Court seeking declaratory relief — Whether Declaration on the Rights of Indigenous Peoples Act mandates British Columbia Supreme Court to issue declarations of inconsistency between United Nations Declaration on the Rights of Indigenous Peoples and laws of British Columbia — Whether presumption of conformity grounded in the honour of the Crown applicable regardless of limits expressed in Interpretation Act — United Nations Declaration on the Rights of Indigenous Peoples, UNGA, 61st Sess, UN Doc A/RES/61/295 (2007) G.A. Res 61/295 — Interpretation Act, R.S.B.C. 1996, c. 238 — Declaration on the Rights of Indigenous Peoples Act, S.B.C. 2019, c. 44.
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.
Two First Nations petitioned the British Columbia Supreme Court seeking declaratory relief concerning a mineral tenure registration system that permitted registering claims to mineral rights on Crown land without prior consultation with affected First Nations. The applications judge declared that the mineral claims registration system breached the Crown’s duty to consult, dismissed claims for other declaratory relief, and suspended the declaration for 18 months. The Court of Appeal held that the Declaration on the Rights of Indigenous Peoples Act, S.B.C. 2019, c. 44, incorporated the United Nations’ Declaration on the Rights of Indigenous Peoples into the law of British Columbia. A majority held that the mineral claims registration system was inconsistent with the Declaration on the Rights of Indigenous People and the Crown had breached its duty to consult. Riley J.A., dissenting, held that the Declaration on the Rights of Indigenous Peoples Act has not assigned any role to the courts and a question of inconsistency between British Columbia’s laws and the United Nations’ Declaration on the Rights of Indigenous Peoples is not a justiciable matter.
Lower court rulings
Declaration that mineral claims registration system breaches Crown’s duty to consult; declaration suspended; claims for other declaratory relief dismissed
Appeals allowed, Riley J.A. dissenting. Declarations granted that: Declaration on the Rights of Indigenous Peoples Act, S.B.C. 2019, c. 44, incorporated United Nations’ Declaration on the Rights of Indigenous Peoples into law of British Columbia; mineral claims registration system inconsistent with Declaration on the Rights of Indigenous People; and Crown breached duty to consult
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