Case information
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36692
Hamlet of Clyde River, et al. v. Petroleum Geo-Services Inc. (PGS), 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) |
|---|---|---|
| 2017-11-10 | Correspondence (sent by the Court) to, National Energy Board. Letter from the Registrar. RE: Potential inacuracies in the reasons for judgment. | |
| 2017-08-30 | Correspondence (sent by the Court) to, the National Energy Board. acknowledgment letter - Re: Potential inaccuracies in the reasons. | |
| 2017-08-25 | Correspondence received, From the National Energy Board dated 2017-08-23. Re: Inaccuracies in the reasons. | |
| 2017-08-03 | Appeal closed | |
| 2017-07-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-07-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-07-26 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Federal Court of Appeal, Number A-354-14, 2015 FCA 179, dated August 17, 2015, heard on November 30, 2016, is allowed, with costs to the appellants. The National Energy Board’s authorization is quashed. Allowed, with costs |
|
| 2017-07-25 | Correspondence received from, (Letter Form), Joint with 36776; Completed Lock-up Form and completed undertaking for remote release of judgment (Guy Régimbald) | Chiefs of Ontario |
| 2017-07-24 | Correspondence received from, (Letter Form), Joint with 36776; Completed Lock-up Form and completed undertaking for remote release of judgment (Maxime Faille) | Chiefs of Ontario |
| 2017-07-21 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Ian Breneman) | Petroleum Geo-Services Inc. (PGS) |
| 2017-07-21 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Sandy Carpenter) | Petroleum Geo-Services Inc. (PGS) |
| 2017-07-20 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Nicholas Dodd) | Makivik Corporation |
| 2017-07-20 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (David Schulze) | Makivik Corporation |
| 2017-07-20 | Correspondence received from, (Letter Form), joint with 36692; Completed Lock-up Form and completed undertaking for remote release of judgment (Jaimie Lickers) | Chiefs of Ontario |
| 2017-07-19 | Correspondence received from, (Letter Form), joint with 36776; Completed Lock-up Form and completed undertaking for remote release of judgment (Peter Southey) | Attorney General of Canada |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Kate Darling) | Inuvialuit Regional Corporation |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Krista Nerland) | Inuvialuit Regional Corporation |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Lorraine Y. Land) | Inuvialuit Regional Corporation |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Matthew McPherson) | Inuvialuit Regional Corporation |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Nader R. Hasan) | Hamlet of Clyde River |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Pam Hrick) | Hamlet of Clyde River |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Justin Safayeni) | Hamlet of Clyde River |
| 2017-07-19 | Correspondence received from, (Letter Form), joint with 36776; Completed Lock-up Form and completed undertaking for remote release of judgment (Manizeh Fancy, Richard Ogden) | Attorney General for Ontario |
| 2017-07-19 | Correspondence received from, (Letter Form), joint with 36776; Completed Lock-up Form and completed undertaking for remote release of judgment (R. James Fyfe) | Attorney General for Saskatchewan |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Sonya Morgan) | Nunavut Tunngavik Incorporated |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Dominique Nouvet) | Nunavut Tunngavik Incorporated |
| 2017-07-19 | Correspondence received from, (Letter Form), Completed Lock-up Form and completed undertaking for remote release of judgment (Marie Belleau); amended form received 2017/07/21. Will be at the lock up in person. | Nunavut Tunngavik Incorporated |
| 2017-07-18 | Correspondence (sent by the Court) to, joint with 36776; all parties by email and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up | |
| 2017-07-12 | Correspondence received from, Lorraine Land by email, re: wishes to receive the judgment remotely | Inuvialuit Regional Corporation |
| 2017-07-12 | Correspondence received from, James Fyfe by email, re: wishes to receive the judgment remotely (joint with 36776) | Attorney General for Saskatchewan |
| 2017-07-11 | Correspondence received from, Dominique Nouvet by email, re: wishes to receive the judgment remotely | Nunavut Tunngavik Incorporated |
| 2017-07-11 | Correspondence received from, David Schulze by email, re: wishes to receive the judgments remotely | Makivik Corporation |
| 2017-07-11 | Correspondence received from, Nader R. Hasan by email, re: agree with media lock-up; wishes to receive the judgment remotely | Hamlet of Clyde River |
| 2017-07-07 | Correspondence received from, (Letter Form), Joint with 36776; Peter Southey by email; Mr. Kindrachuk has retired. AG of Canada takes no position regarding the lockup; wishes to receive the judgment remotely. | Attorney General of Canada |
| 2017-07-07 | Correspondence received from, (Letter Form), Ian Breneman by email; supports a lock-up, wishes to receive the judgment remotely. | Petroleum Geo-Services Inc. (PGS) |
| 2017-07-06 | Correspondence received from, (Letter Form), joint with 36776; Manizeh Fancy by email; wishes to receive the judgment remotely. | Attorney General for Ontario |
| 2017-07-05 | Correspondence received from, (Letter Form), Maxime Faille by email; joint with 36776; Wishes to receive the judgment remotely. | Chiefs of Ontario |
| 2017-07-05 | Correspondence (sent by the Court) to, joint with 36776; the appellants and respondents by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required. | |
| 2017-07-05 | Media lock-up requested or proposed, joint with 36776 | |
| 2016-12-07 | Transcript received, Joint with 36776 (231 pages) | |
| 2016-11-30 | Judgment reserved OR rendered with reasons to follow | |
| 2016-11-30 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Inuvialuit Regional Corporation |
| 2016-11-30 | Respondent's condensed book, (Book Form), Joint avec 36776 - Submitted in Court (14 copies) | Attorney General of Canada |
| 2016-11-30 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Petroleum Geo-Services Inc. (PGS) |
| 2016-11-30 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Hamlet of Clyde River |
| 2016-11-30 |
Hearing of the appeal, 2016-11-30, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2016-11-23 | Correspondence received from, 4 reserved seats requested | Chiefs of Ontario |
| 2016-11-23 | Correspondence received from, 2 reserved seats requested | Inuvialuit Regional Corporation |
| 2016-11-23 | Notice of appearance, Dominique Nouvet, Marie Belleau and Sonya Morgan will be present at the hearing. | Nunavut Tunngavik Incorporated |
| 2016-11-22 | Notice of appearance, Manizeh Fancy and Richard Ogden will be present at the hearing. | Attorney General for Ontario |
| 2016-11-22 | Notice of appearance, Marie-France Major and Thomas Slade will be present at the hearing. | Nunavut Wildlife Management Board |
| 2016-11-22 | Notice of appearance, Richard James Fyfe will be present at the hearing. | Attorney General for Saskatchewan |
| 2016-11-22 |
Order by, Ga, FURTHER TO THE ORDER dated September 13, 2016, granting leave to intervene to the Attorney General for Ontario, the Attorney General for Saskatchewan, the Nunavut Wildlife Management Board and the Chiefs of Ontario in both appeals, granting leave to intervene to Nunavut Tunngavik Incorporated, Makivik Corporation and Inuvialuit Regional Corporation in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692) and granting leave to intervene to Mohawk Council of Kahnawà:ke, Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776); IT IS HEREBY FURTHER ORDERED THAT: The Attorney General for Ontario, the Attorney General for Saskatchewan, Nunavut Tunngavik Incorporated, Mohawk Council of Kahnawà:ke, Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals. Inuvialuit Regional Corporation is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. Granted |
|
| 2016-11-21 | Correspondence received from, 2 reserved seats requested | Makivik Corporation |
| 2016-11-21 | Notice of appearance, Nicholas Dodd and David Schulze will be present at the hearing. | Makivik Corporation |
| 2016-11-18 | Reply factum on appeal, (Book Form), Joint with 36776, Completed on: 2016-11-18 | Attorney General of Canada |
| 2016-11-18 | Reply factum on appeal, (Book Form), Completed on: 2016-11-18 | Petroleum Geo-Services Inc. (PGS) |
| 2016-11-16 | Notice of appearance, Maxime Faille, Jaimie Lickers and Guy Régimbald will be present at the hearing. | Chiefs of Ontario |
| 2016-11-15 | Correspondence received from, 8 reserved seats requested | Hamlet of Clyde River |
| 2016-11-15 | Notice of appearance, Nader Hasan, Justin Safayeni and Pam Hrick will be present at the hearing. | Hamlet of Clyde River |
| 2016-11-10 | Correspondence received from, 2 reserved seats requested | Attorney General of Canada |
| 2016-11-10 | Notice of appearance, Mark Kindrachuk and Peter Southey will be present at the hearing. | Attorney General of Canada |
| 2016-11-10 | Notice of appearance, Kate Darling, Lorraine Land, Matt McPherson and Krista Nerland will be present at the hearing. | Inuvialuit Regional Corporation |
| 2016-11-04 | Intervener's book of authorities, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Chiefs of Ontario |
| 2016-11-04 | Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Chiefs of Ontario |
| 2016-11-04 | Intervener's book of authorities, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Attorney General for Saskatchewan |
| 2016-11-04 | Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Attorney General for Saskatchewan |
| 2016-11-04 | Intervener's book of authorities, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Nunavut Wildlife Management Board |
| 2016-11-04 | Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Nunavut Wildlife Management Board |
| 2016-11-04 | Intervener's factum, (Book Form), Joint with 36776, Completed on: 2016-11-04 | Attorney General for Ontario |
| 2016-11-04 | Notice of appearance, Sandy Carpenter and Ian Breneman will be present at the hearing. | Petroleum Geo-Services Inc. (PGS) |
| 2016-11-04 | Intervener's book of authorities, (Book Form), Completed on: 2016-11-04 | Inuvialuit Regional Corporation |
| 2016-11-04 | Intervener's factum, (Book Form), Completed on: 2016-11-04 | Inuvialuit Regional Corporation |
| 2016-11-04 | Intervener's book of authorities, (Book Form), (3 volumes), Completed on: 2016-11-04 | Makivik Corporation |
| 2016-11-04 | Intervener's factum, (Book Form), Completed on: 2016-11-04 | Makivik Corporation |
| 2016-11-03 | Intervener's book of authorities, (Book Form), Completed on: 2016-11-03 | Nunavut Tunngavik Incorporated |
| 2016-11-03 | Intervener's factum, (Book Form), Completed on: 2016-11-03 | Nunavut Tunngavik Incorporated |
| 2016-10-27 | Correspondence received from, 3 reserved seats requested | Nunavut Tunngavik Incorporated |
| 2016-09-15 | Notice of hearing sent to parties | |
| 2016-09-13 |
Decision on motion to extend time, Ga, see order below Granted |
|
| 2016-09-13 | Submission of motion to extend time, Ga | |
| 2016-09-13 | Order on motion for leave to intervene, by Justice Gascon | |
| 2016-09-13 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Attorney General for Ontario; the Attorney General for Saskatchewan; the Canadian Chamber of Commerce; the Nunavut Wildlife Management Board; and Beaver Lake Cree Nation and Ermineskin Cree Nation (jointly) for leave to intervene in the above appeals; AND UPON APPLICATIONS by the National Energy Board; Amnesty International; Nunavut Tunngavik Incorporated; Makivik Corporation; Charlie Watt, Rosemarie Kuptana, Peter Ittinuar and Tagak Curley (jointly) and Inuvialuit Regional Corporation for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692); AND UPON APPLICATIONS by Mohawk Council of Kahnawà:ke; Suncor Energy Marketing Inc.; Haisla Nation and Mississaugas of the New Credit First Nation for leave to intervene in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776); AND UPON APPLICATION by Prophet River First Nation and West Moberly First Nations (jointly) for an extension of time to serve their motion for leave to intervene and for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692); AND UPON APPLICATIONS by Mikisew Cree First Nation; Algonquins of Pikwakanagan First Nation; Tsleil-Waututh Nation and the Chiefs of Ontario for an extension of time to serve and file their motions for leave to intervene in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692) and for leave to intervene in both appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for an extension of time are granted. The motions for leave to intervene of the Attorney General for Ontario; the Attorney General for Saskatchewan; the Nunavut Wildlife Management Board and the Chiefs of Ontario in both appeals are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length, on or before November 4, 2016. The motions for leave to intervene of Nunavut Tunngavik Incorporated; Makivik Corporation and Inuvialuit Regional Corporation are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before November 4, 2016, in the appeal Hamlet of Clyde River et al. v. Petroleum Geo-Services Inc. (PGS) et al. (36692). The motions for leave to intervene of Mohawk Council of Kahnawà:ke; Suncor Energy Marketing Inc. and Mississaugas of the New Credit First Nation are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before November 4, 2016, in the appeal Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. et al. (36776). The motions for leave to intervene of the Canadian Chamber of Commerce; Beaver Lake Cree Nation and Ermineskin Cree Nation (jointly); Mikisew Cree First Nation; Algonquins of Pikwakanagan First Nation; Tsleil-Waututh Nation; the National Energy Board; Amnesty International; Charlie Watt, Rosemarie Kuptana, Peter Ittinuar and Tagak Curley (jointly); Prophet River First Nation and West Moberly First Nations (jointly) and Haisla Nation 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 appellants and the respondents in both appeals are each permitted to serve and file a single 10-page factum in reply to these interventions on or before November 18, 2016. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the corresponding appellant(s) and respondents any additional disbursements occasioned to the appellant(s) and respondents by their interventions. Allowed in part |
|
| 2016-09-13 | Submission of motion for leave to intervene, (16 motions), Ga | |
| 2016-08-25 | Response to the motion for leave to intervene, (Letter Form), Joint with 36776, Completed on: 2016-08-25 | Attorney General of Canada |
| 2016-08-25 | Appeal perfected for hearing | |
| 2016-08-23 | Respondent's book of authorities, Completed on: 2016-08-23 | Petroleum Geo-Services Inc. (PGS) |
| 2016-08-23 | Respondent's record, (11 volumes), Joint, Completed on: 2016-08-23 | Petroleum Geo-Services Inc. (PGS) |
| 2016-08-23 | Respondent's factum, Completed on: 2016-08-23 | Petroleum Geo-Services Inc. (PGS) |
| 2016-08-23 | Respondent's book of authorities, Completed on: 2016-08-23 | Attorney General of Canada |
| 2016-08-23 | Respondent's factum, (2 volumes), Completed on: 2016-08-23 | Attorney General of Canada |
| 2016-08-22 | Response to the motion for leave to intervene, Joint with 36776 - Response to Mikisew Cree First Nation, Completed on: 2016-08-22 | Attorney General of Canada |
| 2016-08-18 | Motion to extend time, (Book Form), (to serve and file the motion for leave to intervene) - included in the motion to intervene, Completed on: 2016-08-18 | Chiefs of Ontario |
| 2016-08-18 | Motion to extend time, (Book Form), (to serve and file the motion for leave to intervene) - included in the motion to intervene, Completed on: 2016-08-18 | Tsleil-Waututh Nation |
| 2016-08-18 | Motion for leave to intervene, (Book Form), Joint with 36776 - With a motion for extension of time, Completed on: 2016-08-18 | Chiefs of Ontario |
| 2016-08-18 | Motion for leave to intervene, (Book Form), Joint with 36776 - With a motion for extension of time, Completed on: 2016-08-18 | Tsleil-Waututh Nation |
| 2016-08-18 | Response to the motion for leave to intervene, (Letter Form), proof of service to come , Completed on: 2016-08-18, (Printed version filed on 2016-08-18) | Hamlet of Clyde River |
| 2016-08-16 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), TO SERVE AND FILE TO MOTION FOR INTERVENTION, Completed on: 2016-08-16, (Electronic version filed on 2016-08-16) | Algonquins of Pikwakanagan First Nation |
| 2016-08-16 | Motion for leave to intervene, (Book Form), Completed on: 2016-08-16, (Electronic version filed on 2016-08-16) | Algonquins of Pikwakanagan First Nation |
| 2016-08-15 | Response to the motion for leave to intervene, Completed on: 2016-08-15 | Attorney General of Canada |
| 2016-08-12 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file the motion for leave to intervene, Completed on: 2016-08-15, (Electronic version filed on 2016-08-12) | Mikisew Cree First Nation |
| 2016-08-12 | Motion for leave to intervene, (Book Form), Completed on: 2016-08-15, (Electronic version filed on 2016-08-12) | Mikisew Cree First Nation |
| 2016-08-10 |
Appeal hearing scheduled, 2016-11-30 Judgment reserved |
|
| 2016-08-08 | Motion to extend time, (Letter Form), By: Prophet River First Nation and West Moberly First Nations - to serve the motion to intervene., Completed on: 2016-08-08 | Prophet River First Nation and West Moberly First Nations |
| 2016-08-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-03 | Petroleum Geo-Services Inc. (PGS) |
| 2016-08-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-03 | Hamlet of Clyde River |
| 2016-08-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-02 | Attorney General of Canada |
| 2016-07-26 | Motion for leave to intervene, (Book Form), Fee, paper copy and proof of service missing - rec'd Aug.3/2016. Motion to ext. time to serve missing -rec'd Aug.4/2016., Completed on: 2016-08-08, (Printed version filed on 2016-08-03) | Prophet River First Nation and West Moberly First Nations |
| 2016-07-26 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Attorney General for Ontario |
| 2016-07-26 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Inuvialuit Regional Corporation |
| 2016-07-26 | Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Beaver Lake Cree Nation and Ermineskin Cree Nation |
| 2016-07-26 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Charlie Watt, Rosemary Kuptana, Peter Ittinuar and Tagak Curley |
| 2016-07-26 | Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Nunavut Wildlife Management Board |
| 2016-07-26 | Motion for leave to intervene, (Book Form), Proof of service missing. Received 2016-07-27., Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Makivik Corporation |
| 2016-07-26 | Intervener's book of authorities, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Canadian Chamber of Commerce |
| 2016-07-26 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-26, (Electronic version filed on 2016-07-26) | Canadian Chamber of Commerce |
| 2016-07-25 | Motion for leave to intervene, (Book Form), to interven in both cases (36692 and 36776)., Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) | Attorney General for Saskatchewan |
| 2016-07-25 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-25, (Electronic version filed on 2016-07-25) | Nunavut Tunngavik Incorporated |
| 2016-07-22 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-22, (Electronic version filed on 2016-07-22) | National Energy Board |
| 2016-07-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-22, (Electronic version filed on 2016-07-22) | Amnesty International |
| 2016-07-20 | Response to the motion for leave to intervene, (Letter Form), proof of service to come, Completed on: 2016-07-20, (Electronic version filed on 2016-07-20) | Hamlet of Clyde River |
| 2016-07-15 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-15, (Electronic version filed on 2016-07-15) | National Energy Board |
| 2016-07-05 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-05) | Hamlet of Clyde River |
| 2016-06-28 | Appellant's book of authorities, (3 volumes), Completed on: 2016-06-28 | Hamlet of Clyde River |
| 2016-06-28 | Appellant's record, (5 volumes), Completed on: 2016-06-28 | Hamlet of Clyde River |
| 2016-06-28 | Appellant's factum, Completed on: 2016-06-28 | Hamlet of Clyde River |
| 2016-06-21 | Notice of change of counsel, Sandy Carpenter from Blake Cassels & Graydon LLP is now counsel of record. | Petroleum Geo-Services Inc. (PGS) |
| 2016-06-13 | Order on motion to adduce new evidence, by Justice Brown | |
| 2016-06-13 |
Decision on motion to adduce new evidence, Br, UPON APPLICATION by the appellants for an order to adduce new evidence, namely the affidavits of Dr. Linda Weilgart and Professor George Wenzel; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed with costs to the respondent, TGS-NOPEC Geophysical Company ASA (TGS). Dismissed, with costs |
|
| 2016-06-13 | Submission of motion to adduce new evidence, Br | |
| 2016-05-24 | Response to the motion to adduce new evidence, (15 copies), Completed on: 2016-05-24 | Petroleum Geo-Services Inc. (PGS) |
| 2016-05-24 | Response to the motion to adduce new evidence, (15 copies), Completed on: 2016-05-24 | TGS-Nopec Geophysical Company ASA (TGS) |
| 2016-05-24 | Response to the motion to adduce new evidence, Completed on: 2016-05-24 | Attorney General of Canada |
| 2016-05-13 | Supplemental document, Authorities with motion (15 copies), Completed on: 2016-05-13 | Hamlet of Clyde River |
| 2016-05-13 | Motion to adduce new evidence, (Book Form), (15 copies), Completed on: 2016-05-13 | Hamlet of Clyde River |
| 2016-04-11 | Correspondence received from, (Letter Form), Mr. Ilasan re: request exemption from printing an appellant's record (formal motion requested), (Electronic version filed on 2016-04-11) | Hamlet of Clyde River |
| 2016-04-06 | Notice of appeal, (Letter Form), Completed on: 2016-04-11, (Electronic version filed on 2016-04-11) | Hamlet of Clyde River |
| 2016-03-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-354-14, 2015 FCA 179, dated August 17, 2015, is granted without costs. The appeal is to be heard with Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al. (36776). Granted, without costs |
|
| 2016-02-08 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-02-03 | Correspondence received from, (Letter Form), from counsel for the respondent TGS on 2016-02-03 re will not file a motion in response to correspondence dated 2016-01-19 from the applicant | TGS-Nopec Geophysical Company ASA (TGS) |
| 2016-02-02 | Correspondence received from, (Letter Form), from counsel for the applicants 2016-02-02 re: will not file a motion to expedite | Hamlet of Clyde River |
| 2016-02-02 | Correspondence received from, (Letter Form), from counsel for the respondents MKI and PGS 2016-02-02 re: will not submit motion in response to letter from applicant dated 2016-01-19, (Printed version filed on 2016-02-02) | Petroleum Geo-Services Inc. (PGS) |
| 2016-02-01 | Correspondence received from, (Letter Form), from counsel for the AG, respondent, 2016-02-01 re: correspondence from the applicant on 2016-01-19 - will not be responding, (Printed version filed on 2016-02-01) | Attorney General of Canada |
| 2016-01-25 | Correspondence received from, (Letter Form), from counsel for the respondent TGS dated 2016-01-24 re: correspondence received from counsel for the applicant dated 2016-01-19, (Printed version filed on 2016-01-25) | TGS-Nopec Geophysical Company ASA (TGS) |
| 2016-01-21 | Correspondence received from, (Letter Form), from counsel for the respondent dated 2016-01-21 re: correspondence from counsel for the applicants dated 2016-01-19, (Printed version filed on 2016-01-21) | Multi Klient Invest As (MKI) |
| 2016-01-19 | Correspondence received from, (Letter Form), from counsel for the applicants dated 2016-01-19 re: possible relation to another file (36776), (Electronic version filed on 2016-01-19) | Hamlet of Clyde River |
| 2015-12-04 | Supplemental document, (Book Form), Reply book of authorities, (Electronic version filed on 2015-12-03) | Hamlet of Clyde River |
| 2015-12-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-12-03, (Electronic version filed on 2015-12-04) | Hamlet of Clyde River |
| 2015-11-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-23) | Petroleum Geo-Services Inc. (PGS) |
| 2015-11-23 | Notice of name, (Letter Form), (Electronic version filed on 2015-11-23) | Petroleum Geo-Services Inc. (PGS) |
| 2015-11-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23 | Petroleum Geo-Services Inc. (PGS) |
| 2015-11-23 | Book of authorities, (Book Form), (2 volumes) | TGS-Nopec Geophysical Company ASA (TGS) |
| 2015-11-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-23) | TGS-Nopec Geophysical Company ASA (TGS) |
| 2015-11-23 | Notice of name, (Letter Form), (Electronic version filed on 2015-11-23) | TGS-Nopec Geophysical Company ASA (TGS) |
| 2015-11-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23, (Electronic version filed on 2015-11-23) | TGS-Nopec Geophysical Company ASA (TGS) |
| 2015-11-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-24) | Attorney General of Canada |
| 2015-11-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-23, (Electronic version filed on 2015-11-23) | Attorney General of Canada |
| 2015-10-22 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-10-22 | |
| 2015-10-16 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-16) | Hamlet of Clyde River |
| 2015-10-16 | Notice of name, (Letter Form), (Electronic version filed on 2015-10-16) | Hamlet of Clyde River |
| 2015-10-16 | Application for leave to appeal, (Book Form), Completed on: 2015-10-16, (Electronic version due on 2015-10-23) | Hamlet of Clyde River |
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 |
|---|---|---|
| Hamlet of Clyde River | Appellant | Active |
| Nammautaq Hunters & Trappers Organization - Clyde River and Jerry Natanine | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Petroleum Geo-Services Inc. (PGS) | Respondent | Active |
| Multi Klient Invest As (MKI) | Respondent | Active |
| TGS-Nopec Geophysical Company ASA (TGS) | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General for Saskatchewan | Intervener | Active |
| Nunavut Tunngavik Incorporated | Intervener | Active |
| Makivik Corporation | Intervener | Active |
| Nunavut Wildlife Management Board | Intervener | Active |
| Inuvialuit Regional Corporation | Intervener | Active |
| Chiefs of Ontario | Intervener | Active |
Counsel
Party: Hamlet of Clyde River
Counsel
Nader R. Hasan
Justin Safayeni
Pam Hrick
Justin Safayeni
Pam Hrick
Stockwoods LLP
77 King Street West, Suite 4130
Toronto-Dominion Centre
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
77 King Street West, Suite 4130
Toronto-Dominion Centre
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
Agent
David Taylor
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
Party: Nammautaq Hunters & Trappers Organization - Clyde River and Jerry Natanine
Counsel
Nader R. Hasan
Justin Safayeni
Pam Hrick
Justin Safayeni
Pam Hrick
Stockwoods LLP
77 King Street West, Suite 4130
Toronto-Dominion Centre
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
77 King Street West, Suite 4130
Toronto-Dominion Centre
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
Agent
David Taylor
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
Party: Petroleum Geo-Services Inc. (PGS)
Counsel
Sandy Carpenter
Ian Breneman
Ian Breneman
Blake, Cassels & Graydon LLP
Suite 3500, Bankers Hall East tower
855-2nd St. S.W.
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9600
FAX: (403) 260-9700
Email: sandy.carpenter@blakes.com
Suite 3500, Bankers Hall East tower
855-2nd St. S.W.
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9600
FAX: (403) 260-9700
Email: sandy.carpenter@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Multi Klient Invest As (MKI)
Counsel
Sandy Carpenter
Ian Breneman
Ian Breneman
Blake, Cassels & Graydon LLP
Suite 3500, Bankers Hall East tower
855-2nd St. S.W.
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9600
FAX: (403) 260-9700
Email: sandy.carpenter@blakes.com
Suite 3500, Bankers Hall East tower
855-2nd St. S.W.
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9600
FAX: (403) 260-9700
Email: sandy.carpenter@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: TGS-Nopec Geophysical Company ASA (TGS)
Counsel
Sandy Carpenter
Blake, Cassels & Graydon LLP
Suite 3500, Bankers Hall East tower
855-2nd St. S.W.
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9600
FAX: (403) 260-9700
Email: sandy.carpenter@blakes.com
Suite 3500, Bankers Hall East tower
855-2nd St. S.W.
Calgary, Alberta
T2P 4J8
Telephone: (403) 260-9600
FAX: (403) 260-9700
Email: sandy.carpenter@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Attorney General of Canada
Counsel
Mark R. Kindrachuk, Q.C.
Peter Southey
Peter Southey
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
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
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: Nunavut Tunngavik Incorporated
Counsel
Dominique Nouvet
Marie Belleau
Sonya Morgan
Marie Belleau
Sonya Morgan
Woodward & Company
200-1022 Govrnment Street
Victoria, British Columbia
V8W 1X7
Telephone: (250) 383-2356
FAX: (250) 380-6560
200-1022 Govrnment Street
Victoria, British Columbia
V8W 1X7
Telephone: (250) 383-2356
FAX: (250) 380-6560
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General for Saskatchewan
Counsel
Richard James Fyfe
Attorney General for Saskatchewan
Constitutional Law Branch, 8th Floor
820, 1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-7886
FAX: (306) 787-9111
Email: james.fyfe@gov.sk.ca
Constitutional Law Branch, 8th Floor
820, 1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-7886
FAX: (306) 787-9111
Email: james.fyfe@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Makivik Corporation
Counsel
David Schulze
Nicholas Dodd
Nicholas Dodd
Dionne Schulze senc
507, Place d'Armes
Bureau 502
Montréal, Quebec
H2Y 2W8
Telephone: (514) 842-0748
FAX: (514) 842-9983
Email: dschulze@dionneschulze.ca
507, Place d'Armes
Bureau 502
Montréal, Quebec
H2Y 2W8
Telephone: (514) 842-0748
FAX: (514) 842-9983
Email: dschulze@dionneschulze.ca
Agent
David Taylor
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5563
FAX: (613) 702-5563
Email: dtaylor@powerlaw.ca
Party: Nunavut Wildlife Management Board
Counsel
Eugene Meehan, Q.C.
Thomas Slade
Thomas Slade
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
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Inuvialuit Regional Corporation
Counsel
Kate Darling
Lorraine Land
Matt McPherson
Krista Nerland
Lorraine Land
Matt McPherson
Krista Nerland
Olthuis, Kleer, Townshend LLP
107 MacKenzie Road
Inuvik, Northwest Territories
X0E 0T0
Telephone: (867) 777-7077
FAX: (877) 289-2389
Email: kdarling@inuvialuit.com
107 MacKenzie Road
Inuvik, Northwest Territories
X0E 0T0
Telephone: (867) 777-7077
FAX: (877) 289-2389
Email: kdarling@inuvialuit.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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 for Ontario
Counsel
Manizeh Fancy
Richard Ogden
Richard Ogden
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 578-3637
FAX: (416) 326-4181
Email: manizeh.fancy@ontario.ca
720 Bay Street
8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 578-3637
FAX: (416) 326-4181
Email: manizeh.fancy@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Chiefs of Ontario
Counsel
Maxime Faille
Jaimie Lickers
Jaimie Lickers
Gowling WLG (Canada) LLP
2600-160 Elgin Street
P.O. Box 466, Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: maxime.faille@gowlingwlg.com
2600-160 Elgin Street
P.O. Box 466, Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: maxime.faille@gowlingwlg.com
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
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.
Constitutional law - Aboriginal peoples - Inuit - Treaty rights -Administrative law - Boards and tribunals - Crown’s duty to consult and accommodate Aboriginal peoples - National Energy Board approving marine seismic survey program - Whether the Court of Appeal erred by holding that the NEB had properly considered the Aboriginal rights of the Inuit and the duty to consult, despite the absence of any reference to Aboriginal rights or the duty to consult in the NEB’s reasons - Whether the Crown discharged its duty to consult the Inuit in this case - Whether the Court of Appeal’s approach to reviewing the duty to consult is consistent with the honour of the Crown and the overarching project of reconciliation - Whether the Court of Appeal erred by suggesting that further consultation at the operational phase could cure any deficiencies in the duty to consult to date.
The respondents (the project proponents) applied to the National Energy Board (NEB) for authorization to undertake a marine seismic survey program in coastal waters in Nunavut. Local Inuit groups and communities objected to the project. The NEB issued the requested authorization to the project proponents, on specified terms and conditions. The NEB also provided an environmental assessment report which outlined the consultation steps and activities undertaken by the project proponents and by the NEB itself. The Inuit of Clyde River brought an application for judicial review of the authorization, on various grounds including inadequate consultation.
The Federal Court of Appeal dismissed the application for judicial review, finding that the NEB was statutorily mandated to undertake Aboriginal consultation activities and to assess the sufficiency of the consultation, and that the Crown could rely on the NEB’s regulatory process to help satisfy the Crown’s duty to consult affected Aboriginal groups. In this case, the court found that the Crown’s duty was discharged, that the Inuit were meaningfully consulted on their rights, and that an appropriate level of accommodation was undertaken in response to their concerns.
Lower court rulings
August 17, 2015
Federal Court of Appeal
A-354-14, 2015 FCA 179
Federal Court of Appeal
A-354-14, 2015 FCA 179
Application for judicial review by the applicants Hamlet of Clyde River et al. – dismissed
Memorandums of argument on application for leave to appeal
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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.
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Date modified: 2024-10-03