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34986

Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation v. Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region, 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-07-02 Appeal closed
2014-06-27 Formal judgment sent to the registrar of the court of appeal and all parties
2014-06-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-06-26 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA035620, 2012 BCCA 285, dated June 27, 2012, heard on November 7, 2013, is allowed and a declaration of Aboriginal title over the area as requested by the Tsilhqot’in Nation before this Court is granted. A declaration that British Columbia breached its duty to consult owed to the Tsilhqot’in Nation is also granted.
Allowed
2014-03-17 Media lock-up request accepted
2014-01-31 Media lock-up consent form received from, David M. Rosenberg Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-12-30 Media lock-up consent form received from, Tim Dickson Gitxaala Nation
2013-12-27 Media lock-up consent form received from, Mark Kindrachuk Attorney General of Canada
2013-12-23 Media lock-up consent form received from Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-12-23 Media lock-up consent form received from Indigenous Bar Association in Canada
2013-12-23 Correspondence received from, David Rosenberg re: delayed response Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-12-20 Media lock-up consent form received from Amnesty International and Canadian Friends Service Committee
2013-11-28 Media lock-up requested or proposed
2013-11-21 Transcript received, 204 pages
2013-11-07 Judgment reserved OR rendered with reasons to follow
2013-11-07 Hearing of the appeal, 2013-11-07, CJ LeB Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-11-07 Acknowledgement and consent for video taping of proceedings, All parties consented
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Attorney General of Quebec
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Attorney General of Manitoba
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Attorney General of Alberta
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Assembly of First Nations
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court First Nations Summit
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Coalition of Union of B.C. Indian Chiefs
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Hul'qumi'num Treaty Group
2013-11-07 Intervener's condensed book, (Book Form), Filed in Court Gitxaala Nation
2013-11-07 Respondent's condensed book, (Book Form), Filed in Court Attorney General of Canada
2013-11-07 Respondent's condensed book, (Book Form), Filed in Court Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-11-07 Appellant's condensed book, (Book Form), Filed in Court Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-11-06 Correspondence received from, Gowlings dated 2013/11/05 re: Heather Leonoff main counsel, Nathaniel Carnegie to be removed Attorney General of Manitoba
2013-11-05 Notice of appearance, 2 reserved seats requested Indigenous Bar Association in Canada
2013-10-30 Correspondence received from, Patrick Foy, Q.C. by fax re: order of counsel at the hearing Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-10-30 Correspondence received from, 2 reserved seats requested Assembly of First Nations
2013-10-28 Notice of appearance, Louise Mandell, Q.C. (Speaker), Ardith Walkem, Nicole Schabus and Michael Jackson, Q.C. Coalition of Union of B.C. Indian Chiefs
2013-10-25 Correspondence received from, 19 reserved seats requested Coalition of Union of B.C. Indian Chiefs
2013-10-25 Notice of appearance, Louise Mandell will be appearing Coalition of Union of B.C. Indian Chiefs
2013-10-25 Correspondence received from, 3 reserved seats requested Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow
2013-10-25 Notice of appearance, Diane Soroka will be appearing Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow
2013-10-23 Correspondence received from, David Rosenberg re: order of oral submission for intervener in support of the Appellant Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-10-23 Notice of appearance, David C. Nahwegahbow and Guy Régimbald will be appearing, and Mr. Nahwegahbow will present oral argument. Indigenous Bar Association in Canada
2013-10-23 Notice of appearance, Tim Dickson will be appearing Gitxaala Nation
2013-10-22 Notice of appearance, Robert J.M. Janes and Karey Brooks will be appearing Te'mexw Treaty Association
2013-10-22 Notice of appearance, Sandra Folkins will be appearing. Attorney General of Alberta
2013-10-22 Notice of appearance, P. Mitch McAdam, Q.C. and Sonia Eggerman will be appearing.
Attorney General of Saskatchewan
2013-10-21 Notice of appearance, Heather Leonoff, Q.C., and Charles Murray wil be appearing. Attorney General of Manitoba
2013-10-21 Notice of appearance, Gregory J. McDade, Q.C and F. Matthew Kirchner wil be appearing and Mr. McDade, Q.C. will present oral argument Chilko Resorts and Community Association and Council of Canadians
2013-10-18 Notice of appearance, Joseph J. Arvay, Q.C., Catherine J. Boies Parker and Professor Patrick Macklem wil be appearing and Mr. Arvay, Q.C. will present oral argument Assembly of First Nations
2013-10-17 Correspondence received from, 4 reserved seats requested Attorney General of Canada
2013-10-16 Notice of appearance, Mark Kindrachuk, Q.C., Brian McLaughlin and Jan Brongers wil be appearing and Mr. Kindrachuk will present oral argument Attorney General of Canada
2013-10-16 Notice of appearance, David M. Rosenberg, Q.C., Jay Nelson and Dominique Nouvet will be appearing and Mr. Rosenberg will make oral argument. 2013-10-23 Mr. David Robbins will also be appearing Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-10-11 Notice of appearance, Patrick G. Foy, Q.C. and Kenneth J. Tyler will be appearing Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-10-11 Notice of appearance, Justin Safayeni and Paul Joffe will be appearing Amnesty International and Canadian Friends Service Committee
2013-10-11 Notice of appearance, Charles F. Willms and Kevin O'Callaghan will be participating Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-10-09 Correspondence received from, Mr. Sobkin re: request 4 reserved seats Chilko Resorts and Community Association and Council of Canadians
2013-10-04 Correspondence received from, Mr. Van Bemmel re: 6 reserved seats requested Hul'qumi'num Treaty Group
2013-10-04 Notice of appearance, Robert Morales and Renée Racette will be appearing Hul'qumi'num Treaty Group
2013-10-03 Correspondence received from, 4 reserved seats requested First Nations Summit
2013-10-03 Correspondence received from, 4 reserve seats requested First Nations Summit
2013-10-03 Notice of appearance, Maria Morellato, Q.C., Cheryl Sharvit and Stacey Edzerza-Fox will be appearing and Ms. Morellato will make oral submission. First Nations Summit
2013-10-02 Notice of appearance, Alain Gingras and Hubert Noreau-Simpson will be appearing and Me Gingras will make the oral submissions Attorney General of Quebec
2013-10-02 Order by, LeB, FURTHER TO THE ORDER dated July 30, 2013, granting leave to intervene to the Te'mexw Treaty Association, the Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia, the Assembly of First Nations, the Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow, the Hul'qumi'num Treaty Group, the Council of the Haida Nation, the Office of the Wet'suwet'en Chiefs, the Indigenous Bar Association in Canada, the First Nations Summit, the Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation, the Coalition of the Union of B.C. Indian Chiefs, the Okanagan Nation Alliance and the Shuswap Nation Tribal Council and their member communities, the Okanagan, Adams Lake, Neskonlith and Splatsin Indian Bands, Amnesty International and Canadian Friends Service Committee, the Gitxaala Nation and the Chilko Resorts and Community Association and Council of Canadians;
AND IT IS HEREBY FURTHER ORDERED THAT the following ten groups, the Te'mexw Treaty Association, the Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia, the Assembly of First Nations, the Hul'qumi'num Treaty Group, the Indigenous Bar Association in Canada, the First Nations Summit, the Coalition of the Union of B.C. Indian Chiefs, the Okanagan Nation Alliance and the Shuswap Nation Tribal Council and their member communities, the Okanagan, Adams Lake, Neskonlith and Splatsin Indian Bands, Amnesty International and Canadian Friends Service Committee, the Gitxaala Nation and the Chilko Resorts and Community Association and Council of Canadians are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
AND IT IS HEREBY FURTHER ORDERED THAT the Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow, the Council of the Haida Nation, the Office of the Wet'suwet'en Chiefs and the Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation are not permitted to present oral argument at the hearing of the appeal
Allowed in part
2013-10-01 Correspondence received from, 7 reserved seats requested Amnesty International and Canadian Friends Service Committee
2013-09-30 Order on motion to extend time
2013-09-30 Decision on motion to extend time, LeB, to file a response factum pursuant to rule 29(4) to the factum of Her Majesty the Queen of B.C. and the factum of the A.G. of Canada along with a supplemental record and book of authorities
Granted
2013-09-30 Submission of motion to extend time, LeB
2013-09-25 Correspondence received from, Nadia Effendi rec'd by email re: request for 3 reserved seats Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-09-24 Intervener's book of authorities, Completed on: 2013-09-24 Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation
2013-09-24 Intervener's factum, Completed on: 2013-09-24 Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation
2013-09-24 Reply to motion to extend time, (Letter Form), from David M. Rosenberg, Q.C. dated Sept. 24/13, Completed on: 2013-09-24 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-09-24 Intervener's book of authorities, (Book Form), Volumes 1 and 2, Completed on: 2013-09-24 Indigenous Bar Association in Canada
2013-09-24 Intervener's factum, (Book Form), CD to come (rec'd 2013-09-25), Completed on: 2013-09-25 Indigenous Bar Association in Canada
2013-09-24 Intervener's book of authorities, (Book Form), Completed on: 2013-09-24 Gitxaala Nation
2013-09-24 Intervener's factum, (Book Form), Completed on: 2013-09-24 Gitxaala Nation
2013-09-24 Intervener's book of authorities, Completed on: 2013-09-24 Amnesty International and Canadian Friends Service Committee
2013-09-24 Intervener's factum, Completed on: 2013-09-24 Amnesty International and Canadian Friends Service Committee
2013-09-24 Intervener's book of authorities, (Book Form), Completed on: 2013-09-24 Chilko Resorts and Community Association and Council of Canadians
2013-09-24 Intervener's factum, (Book Form), Completed on: 2013-09-24 Chilko Resorts and Community Association and Council of Canadians
2013-09-23 Intervener's book of authorities, (Book Form), Completed on: 2013-09-23 Hul'qumi'num Treaty Group
2013-09-23 Intervener's factum, (Book Form), CD to come (rec'd 2013-09-25), Completed on: 2013-09-25 Hul'qumi'num Treaty Group
2013-09-23 Intervener's book of authorities, Completed on: 2013-09-23 First Nations Summit
2013-09-23 Intervener's factum, Completed on: 2013-09-23 First Nations Summit
2013-09-23 Intervener's book of authorities, (Book Form), Completed on: 2013-09-24 Assembly of First Nations
2013-09-23 Intervener's factum, (Book Form), Completed on: 2013-09-26 Assembly of First Nations
2013-09-23 Intervener's book of authorities, (Book Form), Completed on: 2013-09-27 Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow
2013-09-23 Intervener's factum, (Book Form), Completed on: 2013-09-27 Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow
2013-09-23 Intervener's book of authorities, (Book Form), Completed on: 2013-09-26 Coalition of Union of B.C. Indian Chiefs
2013-09-23 Intervener's factum, (Book Form), Completed on: 2013-09-26 Coalition of Union of B.C. Indian Chiefs
2013-09-23 Intervener's book of authorities, (Book Form), Completed on: 2013-09-27 Council of the Haida Nation
2013-09-23 Intervener's factum, (Book Form), Completed on: 2013-09-27 Council of the Haida Nation
2013-09-23 Intervener's book of authorities, (Book Form), Completed on: 2013-09-23 Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-09-23 Intervener's factum, (Book Form), new filing form requested, Completed on: 2013-09-23 Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-09-20 Intervener's book of authorities, (Book Form), Completed on: 2013-09-20 Te'mexw Treaty Association
2013-09-20 Intervener's factum, (Book Form), Completed on: 2013-09-20 Te'mexw Treaty Association
2013-09-20 Intervener's book of authorities, (Book Form), Completed on: 2013-09-20 Office of the Wet'suwet'en Chiefs
2013-09-20 Intervener's factum, (Book Form), Completed on: 2013-09-20 Office of the Wet'suwet'en Chiefs
2013-09-20 Response to motion to extend time, (Letter Form), from Mark R. Kindrachuk, Q.C. dated Sept. 20/13, Completed on: 2013-09-20 Attorney General of Canada
2013-09-18 Correspondence received from, Tim Dickson dated Sept. 17/13 re replacement of Chief Lewis and use of Gitxaala Nation Gitxaala Nation
2013-09-18 Response to motion to extend time, (Letter Form), from Nadia Effendi dated Sept. 18/13 re 29(4), Completed on: 2013-09-18 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-09-17 Supplemental document, (Vol. 1 and 2 of Supplemental Record in support of Reply Factum), Completed on: 2013-09-17 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-09-17 Supplemental document, (Authorities in support of Reply Factum), Completed on: 2013-09-17 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-09-17 Reply factum on appeal, (Book Form), (Rule 29(4)), Completed on: 2013-09-17 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-09-16 Motion to extend time, to file a response factum pursuant to rule 29(4) to the factum of Her Majesty the Queen of B.C. and the factum of the A.G. of Canada along with a supplemental record and book of authorities, Completed on: 2013-09-16 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-09-04 Intervener's book of authorities, (Book Form), Completed on: 2013-09-04 Attorney General of Quebec
2013-09-04 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-09-04 Attorney General of Quebec
2013-09-03 Intervener's book of authorities, (Book Form), Completed on: 2013-09-12 Attorney General of Saskatchewan
2013-09-03 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-09-12 Attorney General of Saskatchewan
2013-09-03 Intervener's book of authorities, (Book Form), Completed on: 2013-09-11 Attorney General of Manitoba
2013-09-03 Intervener's factum - AG on constitutional question, (Book Form), CD rec'd 2013-09-11, Completed on: 2013-09-11 Attorney General of Manitoba
2013-09-03 Intervener's factum - AG on constitutional question, (Book Form), CD to come (rec'd 2013-09-19), Completed on: 2013-09-19 Attorney General of Alberta
2013-09-03 Intervener's book of authorities, (Book Form), Completed on: 2013-09-03 Attorney General of Alberta
2013-09-03 Correspondence received from, David Rosenberg dated Sept. 3/13 re: request for 10 reserved seats and a separate room to view the hearing Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-08-23 Notice of hearing sent to parties
2013-08-22 Correspondence received from, Nadia Effendi dated Aug 22/13 re typographical error in the factum of the Respondents, corrected version enclosed. Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-08-21 Appeal hearing scheduled, 2013-11-07, Early starty 9:00 a.m. (previously scheduled for November 12, 2013)
Judgment reserved
2013-08-06 Appeal perfected for hearing
2013-08-02 Supplemental document, Statutes and Regulations, Completed on: 2013-08-02 Attorney General of Canada
2013-08-02 Respondent's book of authorities, (2 volumes), Completed on: 2013-08-02 Attorney General of Canada
2013-08-02 Respondent's factum, Completed on: 2013-08-02 Attorney General of Canada
2013-07-31 Correspondence received from, Nadia Effendi dated July 31/13 re determination of relying on the affidavit of Ron Mitchell in the factum of the Office of the Wet'suwet'en Chiefs Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-07-30 Respondent's book of authorities, (2 volumes), Completed on: 2013-07-30 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-07-30 Respondent's record, Completed on: 2013-07-30 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-07-30 Respondent's factum, Completed on: 2013-07-30 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-07-30 Order on motion for leave to intervene, (by LEBEL J.)
2013-07-30 Decision on the motion for leave to intervene, (Revised August 6, 2013), LeB, UPON APPLICATIONS by the Te'mexw Treaty Association, the Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia, the Chippewas of Nawash Unceded First Nation, Saugeen First Nation, Walpole Island First Nation and United Chiefs and Councils of Mnidoo Mnising, the Assembly of First Nations, the Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow, the Hul'qumi'num Treaty Group, the Council of the Haida Nation, the Grand Council Treaty #3, the Office of the Wet'suwet'en Chiefs, the Indigenous Bar Association in Canada, the Stó:lo Nation Chiefs Council, the First Nations Summit, the Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation, the Coalition of the Union of B.C. Indian Chiefs, the Okanagan Nation Alliance and the Shuswap Nation Tribal Council and their member communities, the Okanagan, Adams Lake, Neskonlith and Splatsin Indian Bands, Amnesty International and Canadian Friends Service Committee, Leslie Cameron on his own behalf and on behalf of all other members of Wabauskang First Nation, Bernard Conrad Lewis, on his own behalf and on behalf of all other members of the Gitxaala Nation and the Chilko Resorts and Community Association and Council of Canadians for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Te'mexw Treaty Association, the Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia, the Assembly of First Nations, the Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow, the Hul'qumi'num Treaty Group, the Council of the Haida Nation, the Office of the Wet'suwet'en Chiefs, the Indigenous Bar Association in Canada, the First Nations Summit, the Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation, the Coalition of the Union of B.C. Indian Chiefs, the Okanagan Nation Alliance and the Shuswap Nation Tribal Council and their member communities, the Okanagan, Adams Lake, Neskonlith and Splatsin Indian Bands, Amnesty International and Canadian Friends Service Committee, Bernard Conrad Lewis, on his own behalf and on behalf of all other members of the Gitxaala Nation and the Chilko Resorts and Community Association and Council of Canadians are granted and the said fourteen groups of interveners shall be entitled to each serve and file a single factum not to exceed 10 pages in length on or before September 24, 2013.
AND IT IS HEREBY FURTHER ORDERED THAT: the motions for leave to intervene of the Chippewas of Nawash Unceded First Nation, Saugeen First Nation, Walpole Island First Nation and United Chiefs and Councils of Mnidoo Mnising, the Grand Council Treaty #3, the Stó:lo Nation Chiefs Council and Leslie Cameron on his own behalf and on behalf of all other members of Wabauskang First Nation are dismissed.
The motions of the Office of the Wet'suwet'en Chiefs, the Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia and the Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow to file affidavit evidence on appeal or to otherwise rely on affidavit evidence currently appended to motions for leave to intervene are dismissed.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions
Allowed in part
2013-07-30 Submission of motion for leave to intervene, LeB
2013-07-19 Reply to the motion for leave to intervene, (Letter Form), from Justin Safayeniv dated July 19/13, Completed on: 2013-07-19 Amnesty International and Canadian Friends Service Committee
2013-07-17 Notice of change of counsel, from Robert Williams to Robert Morales Hul'qumi'num Treaty Group
2013-07-16 Reply to the motion for leave to intervene, (Letter Form), from Charles Willms dated July 16/13, Completed on: 2013-07-16 Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-07-15 Response to the motion for leave to intervene, (Letter Form), from David M. Rosenberg, Q.C. dated July 15/13 (by Business Council of B.C. et al), Completed on: 2013-07-15 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-07-15 Response to the motion for leave to intervene, (Letter Form), from Mark Kindrachuk, Q.C. dated July 15/13 (by all interveners), Completed on: 2013-07-15 Attorney General of Canada
2013-07-15 Response to the motion for leave to intervene, (Letter Form), from David M. Rosenberg, Q.C. dated July 12/13 (consents to 16 interveners but Business Council of B.C. et al), Completed on: 2013-07-15 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-07-12 Response to the motion for leave to intervene, (Letter Form), from Nadia Effendi dated July 12/13 (by all interveners), Completed on: 2013-07-12 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-07-08 Correspondence received from, Mark Kindrachuk dated July 8/13 re extension of time to file a response Attorney General of Canada
2013-07-08 Response to the motion for leave to intervene, (Letter Form), from Nadia Effendi dated July 8/13 (by Te'mexw Treaty Association), Completed on: 2013-07-10 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-07-08 Correspondence received from, David C. Nahwegahbow dated July 8/13 re: John Burrows will not be co-counsel Indigenous Bar Association in Canada
2013-07-05 Motion for leave to intervene, (Book Form), Completed on: 2013-07-05 Chilko Resorts and Community Association and Council of Canadians
2013-07-05 Motion for leave to intervene, (Book Form), Completed on: 2013-07-05 Amnesty International and Canadian Friends Service Committee
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 Gitxaala Nation
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 Leslie Cameron on his own behalf and on behalf of all other members of Wabauskang First Nation
2013-07-05 Motion for leave to intervene, (Book Form), Completed on: 2013-07-05 Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 Coalition of Union of B.C. Indian Chiefs
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 First Nations Summit
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 Stó:lo Nation Chiefs Council
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 Indigenous Bar Association in Canada
2013-07-05 Motion for leave to intervene, Completed on: 2013-07-05 Office of the Wet'suwet'en Chiefs
2013-07-05 Response to the motion for leave to intervene, (Letter Form), from David M. Rosenberg dated July 5/13 (by Te'mexw Treaty Association), Completed on: 2013-07-05 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-07-04 Motion for leave to intervene, Completed on: 2013-07-04 Grand Council Treaty #3
2013-07-04 Intervener's book of authorities, (on motion for leave to intervene), Completed on: 2013-07-04 Council of the Haida Nation
2013-07-04 Motion for leave to intervene, Completed on: 2013-07-04 Council of the Haida Nation
2013-07-04 Motion for leave to intervene, Completed on: 2013-07-04 Hul'qumi'num Treaty Group
2013-07-04 Motion for leave to intervene, (Book Form), Completed on: 2013-07-11 Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow
2013-07-04 Motion for leave to intervene, (Book Form), Completed on: 2013-07-04 Assembly of First Nations
2013-07-04 Motion for leave to intervene, (Book Form), Completed on: 2013-07-04 Chippewas of Nawash Unceded First Nation, Saugeen First Nation, Walpole Island First Nation and United Chiefs and Councils of Mnidoo Mnising
2013-07-04 Intervener's book of authorities, (Book Form), (on motion for leave to intervene), Completed on: 2013-07-04 Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-07-04 Motion for leave to intervene, (Book Form), Completed on: 2013-07-04 Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia
2013-06-26 Intervener's book of authorities, (Book Form), (on motion for leave to intervene), Completed on: 2013-06-26 Te'mexw Treaty Association
2013-06-26 Motion for leave to intervene, (Book Form), Completed on: 2013-06-28 Te'mexw Treaty Association
2013-06-07 Appellant's book of authorities, (6 volumes), Completed on: 2013-06-07 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-06-07 Appellant's record, (13 volumes), Completed on: 2013-06-07 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-06-07 Appellant's factum, Completed on: 2013-06-07 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-05-15 Order on motion to file a lengthy factum
2013-05-15 Decision on motion to file a lengthy factum, Abe, by the appellant to 80 pages and the facta of both respondents to 60 pages each
Granted
2013-05-15 Submission of motion to file a lengthy factum, Abe
2013-05-13 Response to the motion to file a lengthy factum, Completed on: 2013-05-13 Attorney General of Canada
2013-05-09 Response to the motion to file a lengthy factum, (Letter Form), from Patrick G. Foy, Q.C., dated May 9/13, Completed on: 2013-05-09 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-05-07 Motion to file a lengthy factum, (joint motion) by the appellant to 80 pages and the facta of both respondents to 60 pages each, Completed on: 2013-05-07 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-04-17 Notice of intervention respecting a constitutional question Attorney General of Quebec
2013-04-16 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2013-04-16 Notice of intervention respecting a constitutional question Attorney General of Alberta
2013-04-16 Notice of intervention respecting a constitutional question Attorney General of Saskatchewan
2013-03-20 Notice of constitutional question(s), (served March 20/13) Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-03-15 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-03-15 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondents, Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region, for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1. Are the Forest Act, R.S.B.C. 1996, c. 157 and the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, or their predecessor legislation, constitutionally inapplicable in whole or in part to Tsilhqot’in Aboriginal title lands in view of Parliament’s exclusive legislative authority set out at s. 91(24) of the Constitution Act, 1867?
2. Are the Forest Act, R.S.B.C. 1996, c. 157 and the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, or their predecessor legislation, constitutionally inapplicable in whole or in part to Tsilhqot’in Aboriginal title lands to the extent that they authorize unjustified infringements of Tsilhqot’in Aboriginal title, by virtue of ss. 35(1) and 52 of the Constitution Act, 1982?
Granted
2013-03-07 Submission of motion to state a constitutional question, CJ
2013-03-05 Response to the motion to state a constitutional question, (Letter Form), from Mark R. Kindrachuck, Q.C. dated March 5/13, Completed on: 2013-03-05 Attorney General of Canada
2013-03-05 Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated March 5/13, Completed on: 2013-03-05 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-02-25 Notice of appeal, (no CD), Completed on: 2013-02-25 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-02-22 Response to the motion to state a constitutional question, (Letter Form), from Kenneth J. Tyler dated Feb. 22/13 re the appellant consents and the AG of Canada does not oppose, Completed on: 2013-02-22 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-02-22 Motion to state a constitutional question, Completed on: 2013-02-22 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-01-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-01-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-01-25 Judgment on leave sent to the parties
2013-01-24 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 CA035620, 2012 BCCA 285, dated June 27, 2012, is granted with costs to the applicant for both the application for leave to appeal and the appeal, in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2013-01-10 Correspondence received from, Brian McLaughlin dated Jan. 10/13 in response to Mr. Brown's letter of Jan. 4/13 (sent to the Court Jan. 11/13) Attorney General of Canada
2013-01-10 Correspondence received from, Henry Brown rec' d by fax dated Jan. 9/13 re: response to respondent's response to filing of the reason of the BCCA (sent to the Court Jan. 11/13) Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2013-01-09 Correspondence received from, Nadia Effendi by email dated Jan. 9/13 in response to Mr. Brown's letter of Jan. 4/13 (sent to the Court Jan. 11/13) Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2013-01-04 Correspondence received from, Henry S. Brown, Q.C. dated Jan. 4/13 joint with a copy of the reasons for judgment of the Court of Appeal of B.C. on the issue of costs dated Jan. 3/13 (sent to the Court Jan. 11/13) Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2012-12-03 All materials on application for leave submitted to the Judges, LeB Ka Wa
2012-11-29 Correspondence received from, Gowlings dated Nov. 29/12 and rec'd by fax re: confirming the participation of Justice Lambert in this file, to be added to the Authorities of Nov. 22/12. Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2012-11-22 Correspondence received from, (Letter Form), Henry Brown dated Nov. 22/12 re: filing of supplemental authority Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2012-10-30 Applicant's reply to respondent's argument, (Book Form), Attorney General of Canada - CD requested, Completed on: 2012-10-30 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2012-10-26 Applicant's reply to respondent's argument, (Book Form), Her Majesty the Queen - Electronic version rec'd, Completed on: 2012-10-26 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation
2012-10-24 Respondent's response on the application for leave to appeal, (Book Form), (Electronic version rec'd), Completed on: 2012-10-24 Attorney General of Canada
2012-10-16 Respondent's response on the application for leave to appeal, (Book Form), Electronic version rec'd, Completed on: 2012-10-16 Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region
2012-09-26 Letter acknowledging receipt of a complete application for leave to appeal
2012-09-24 Application for leave to appeal, (Book Form), (Volume 1 to 3) Electronic Argument rec'd, Completed on: 2012-09-24 Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation

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

Main parties - Appellants
Name Role Status
Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Te'mexw Treaty Association Intervener Active
Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia Intervener Active
Assembly of First Nations Intervener Active
Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow Intervener Active
Hul'qumi'num Treaty Group Intervener Active
Council of the Haida Nation Intervener Active
Office of the Wet'suwet'en Chiefs Intervener Active
Indigenous Bar Association in Canada Intervener Active
First Nations Summit Intervener Active
Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation Intervener Active
Coalition of Union of B.C. Indian Chiefs Intervener Active
Okanagan Nation Alliance and the Shuswap Nation Tribal Council and their member communities, Okanagan, Adams Lake, Neskonlith and Splatsin Indian Bands Intervener Active
Amnesty International and Canadian Friends Service Committee Intervener Active
Gitxaala Nation Intervener Active
Chilko Resorts and Community Association and Council of Canadians Intervener Active

Counsel

Party: Roger William, on his own behalf and on behalf of all other members of the Xeni Gwet'in First Nations Government and on behalf of all other members of the Tsilhqot'in Nation

Counsel
David M. Rosenberg, Q.C.
Jay Nelson
David Robbins
Dominique Nouvet
Rosenberg & Rosenberg
671D Market Hill Road
Vancouver, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
FAX: (604) 879-4934
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Her Majesty the Queen in Right of the Province of British Columbia and the Regional Manager of the Cariboo Forest Region

Counsel
Patrick G. Foy, Q.C.
Kenneth J. Tyler
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard St.
P.O. Box 48600, Stn. Bentall Ctr
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 640-4133
FAX: (604) 687-1415
Email: pfoy@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Attorney General of Canada

Counsel
Mark R. Kindrachuk, Q.C.
Brian McLaughlin
Jan Brongers
Attorney General of Canada
123 - 2nd Ave. S.
10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4765
FAX: (306) 975-6240
Email: mark.kindrachuk@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
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: First Nations Summit

Counsel
Maria Morellato, Q.C.
Cheryl Sharvit
Stacey Edzerza-Fox
Mandell Pinder LLP
422 - 1080 Mainland St.
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 566-8563
FAX: (604) 681-0959
Email: maria@mandellpinder.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Te'mexw Treaty Association

Counsel
Robert J.M. Janes
Karey Brooks
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Attorney General of Saskatchewan

Counsel
P. Mitch McAdam, Q.C.
Sonia Eggerman
Attorney General for Saskatchewan
820 - 1874 Scarth St
Aboriginal Law Branch
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-7846
FAX: (306) 787-9111
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Attorney General of Alberta

Counsel
Sandra Folkins
Attorney General of Alberta
16th Floor, Standard Life Building
639 - 5th Avenue SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-3781
FAX: (403) 662-3824
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Attorney General of Quebec

Counsel
Alain Gingras
Sylvain Leboeuf
Hubert Noreau-Simpson
Procureur général du Québec
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Attorney General of Manitoba

Counsel
Heather Leonoff, Q.C.
Charles Murray
Attorney General of Manitoba
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0717
FAX: (204) 945-0053
Email: heather.leonoff@gov.mb.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Business Council of British Columbia, Council of Forest Industries, Coast Forest Products Association, Mining Association of British Columbia and Association for Mineral Exploration British Columbia

Counsel
Charles F. Willms
Kevin O'Callaghan
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: cwillms@fasken.com
Agent
Stephen B. Acker
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sacker@fasken.com

Party: Assembly of First Nations

Counsel
Joseph J. Arvay, Q.C.
Catherine J. Boies Parker
Patrick Macklem
Arvay Finlay
1320 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Gitanyow Hereditary Chiefs of Gwass Hlaam, Gamlaxyeltxw, Malii, Gwinuu, Haizimsque, Watakhayetsxw, Luuxhon and Wii'litswx, on their own behalf and on behalf all Gitanyow

Counsel
Peter R. Grant
Michael Lee Ross
Diane Soroka
Peter Grant & Associates
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
Email: pgrant@grantnativelaw.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Hul'qumi'num Treaty Group

Counsel
Robert B. Morales
Renée Racette
12611-B Trans Canada Highway
Ladysmith, British Columbia
V9G 1M5
Telephone: (250) 748-5233
FAX: (250) 748-5264
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Council of the Haida Nation

Counsel
Terri-Lynn Williams-Davidson
Louise Mandell, Q.C.
Stuart Rush, Q.C.
Michael Jackson, Q.C.
David Paterson
White Raven Law Corporation
16541 Upper Beach Road
Surrey, British Columbia
V3S 9R6
Telephone: (604) 536-5541
FAX: (604) 536-5542
Email: tlwd@whiteravenlaw.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Office of the Wet'suwet'en Chiefs

Counsel
Peter R. Grant
Diane Soroka
Peter Grant & Associates
900 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 685-1229
FAX: (604) 685-0244
Email: pgrant@grantnativelaw.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Party: Indigenous Bar Association in Canada

Counsel
David C. Nahwegahbow
Guy Régimbald
Nahwegahbow, Corbiere Genoodmagejig
5884 Rama Road
Suite 109
Rama, Ontario
L3V 6H6
Telephone: (705) 325-0520
FAX: (705) 325-7204
Email: dndaystar@nncfirm.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com

Party: Tsawout First Nation, Tsartlip First Nation, Snuneymuxw First Nation and Kwakiutl First Nation

Counsel
John W. Gailus
Christopher G. Devlin
Devlin Gailus
Suite C-100
Nootka Court, 633 Courtney Street
Victoria, British Columbia
V8W 1B9
Telephone: (250) 361-9469
FAX: (250) 361-9429
Email: john@devlingailus.com
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Coalition of Union of B.C. Indian Chiefs

Counsel
Louise Mandell, Q.C.
Ardith Walkem
Michael Jackson, Q.C.
Nicole Schabus
Mandell Pinder LLP
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Okanagan Nation Alliance and the Shuswap Nation Tribal Council and their member communities, Okanagan, Adams Lake, Neskonlith and Splatsin Indian Bands

Counsel
Louise Mandell, Q.C.
Mandell Pinder LLP
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Amnesty International and Canadian Friends Service Committee

Counsel
Justin Safayeni
Paul Joffe
Stockwoods LLP
TD North Tower, suite 4130
77 King Street West, P.O. Box 140
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-3494
FAX: (416) 593-9345
Email: justins@stockwoods.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Gitxaala Nation

Counsel
Tim A. Dickson
Farris, Vaughan, Wills & Murphy LLP
Box 10026, Pacific Ctr. S. TD Bank Twr
25th Floor - 700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9341
FAX: (604) 661-9349
Email: tdickson@farris.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Chilko Resorts and Community Association and Council of Canadians

Counsel
Gregory J. McDade, Q.C.
F. Matthew Kirchner
Kate M. Bloomfield
Ratcliff & Company
221 West Esplanade
Suite 500
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: gmcdade@ratcliff.com
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

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 - Aboriginal title - Manner in which courts must proceed to identify “definite tracts of land” to which Aboriginal title applies - Whether the Court of Appeal erred by creating a new test that restricts all Aboriginal title claims to particular sites - Whether the Forest Act, R.S.B.C. 1996, c. 157, provides statutory authority to manage and dispose of timber assets on Aboriginal title lands - Whether the Forest Act, R.S.B.C. 1996, c. 157, or the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, or their predecessor legislation, are constitutionally inapplicable in whole or in part to Tsilhqot’in Aboriginal title lands, in view of Parliament’s exclusive legislative authority set out in s. 91(24) of the Constitution Act, 1867 - Whether the Forest Act, R.S.B.C. 1996, c. 157, or the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, or their predecessor legislation, are constitutionally inapplicable in whole or in part to Tsilhqot’in Aboriginal title lands to the extent that they authorize unjustified infringements of Tsilhqot’in Aboriginal title, by virtue of ss. 35(1) and 52 of the Constitution Act, 1982.

Roger William is the former chief of the Xeni Gwet’in First Nation. On behalf of the Xeni Gwet’in First Nations Government and all Tsilhqot’in people, he filed a claim seeking, among other things, recognition of Aboriginal title to two tracts of land in the Tsilhqot’in traditional territory. The tracts of land are located in a remote part of the Chilcotin region of central British Columbia and consist mainly of undeveloped land.

Lower court rulings

November 20, 2007
Supreme Court of British Columbia

2007 BCSC 1700, 90-0913

Declaration of Aboriginal Title denied without prejudice to claim Aboriginal title over specific tracts of land; Opinion offered as to tracts of land subject to Aboriginal title; Declarations granted that (i) provincial forestry legislation does not apply to Aboriginal title land, (ii) Province has no jurisdiction to extinguish Aboriginal title, (iii) Tsilhqot’in people have an Aboriginal right to hunt and trap in the Claim Area; (iv) Tsilhqot’in people have an Aboriginal right to trade in skins and pelts; (v) that forestry activities have unjustifiably infringed Tsilhqot’in Aboriginal title and Aboriginal rights; Mr. William’s claim for damages dismissed without prejudice to a renewal of such claims as they pertain to Tsilhqot’in Aboriginal title land.
June 27, 2012
Court of Appeal for British Columbia (Vancouver)

2012 BCCA 285, CA035620

Appeals filed by Mr. William, British Columbia and Canada, dismissed

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Date modified: 2024-10-03