Docket

35379

Andrew Keewatin Jr., et al. v. Minister of Natural Resources, et al.

(Ontario) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2014-07-18 Appeal closed
2014-07-14 Formal judgment sent to the registrar of the court of appeal and all parties
2014-07-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-07-11 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Wa, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C54314, C54326, C54348, 2013 ONCA 158, dated March 18, 2013, heard on May 15, 2014, is dismissed. Costs of the appeal are awarded to the appellant Wabauskang First Nation on the same basis as the costs order earlier granted to the appellant Grassy Narrows First Nation.
Dismissed, costs on a party and party basis
2014-07-07 Media lock-up request refused
2014-06-13 Media lock-up requested or proposed
2014-06-02 Transcript received, (214 pages)
2014-05-15 Judgment reserved OR rendered with reasons to follow
2014-05-15 Intervener's condensed book, Submitted in Court (14 copies) Assembly of First Nations/National Indian Brotherhood
2014-05-15 Intervener's condensed book, Submitted in Court (14 copies) Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-05-15 Intervener's condensed book, Submitted in Court (14 copies) Grand Council of Treaty #3
2014-05-15 Intervener's condensed book, Submitted in Court (14 copies) Lac Seul First Nation
2014-05-15 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of Alberta
2014-05-15 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of British Columbia
2014-05-15 Respondent's condensed book, Submitted in Court (14 copies) Goldcorp Inc.
2014-05-15 Respondent's condensed book, Submitted in Court (14 copies) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-05-15 Respondent's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2014-05-15 Respondent's condensed book, Submitted in Court (14 copies) Minister of Natural Resources
2014-05-15 Appellant's condensed book, Submitted in Court (14 copies) Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-05-15 Appellant's condensed book, Submitted in Court (14 copies) Andrew Keewatin Jr.
2014-05-15 Hearing of the appeal, 2014-05-15, CJ LeB Abe Ro Cro Mo Wa
Judgment reserved
2014-05-12 Correspondence received from, 6 reserved seats requested Grand Council of Treaty #3
2014-05-12 Notice of appearance, Zachary Davis, Peter Hutchins and Jessica Labranche will be present at the hearing. Grand Council of Treaty #3
2014-05-12 Notice of appearance, Douglas Titosky will be present at the hearing. Attorney General of Alberta
2014-05-12 Notice of appearance, Richard Fyfe and Macrina Badger will be present at the hearing. Attorney General of Saskatchewan
2014-05-12 Notice of appearance, Heather Leonoff will be present at the hearing. Attorney General of Manitoba
2014-05-12 Notice of appearance, David Robbins, Dominique Nouvet and Heather Mahoney will be present at the hearing. Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of Cowichan Tribes
2014-05-12 Notice of appearance, Jason Madden and Nuri Frame will be present at the hearing. Métis Nation of Ontario
2014-05-12 Notice of appearance, Donald Colborne will be present at the hearing. Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation
2014-05-12 Notice of appearance, Karey Brooks will be present by videoconference at the hearing. Te'mexw Treaty Association
2014-05-12 Notice of appearance, Robert Janes and Elin Sigurdson will be present at the hearing. Andrew Keewatin Jr.
2014-05-12 Notice of appearance, No one appearing at the hearing. Fort McKay First Nation
2014-05-12 Notice of appearance, Bruce McIvor and Kathryn Buttery will be present at the hearing. Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-05-09 Correspondence received from, 4 reserved seats requested Assembly of First Nations/National Indian Brotherhood
2014-05-09 Notice of appearance, Meaghan Conroy and Abram Averbach will be present at the hearing. Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-05-09 Notice of appearance, Paul Yearwood will be present at the hearing. Attorney General of British Columbia
2014-05-09 Notice of appearance, Joseph Arvay and Catherine Boies Parker will be present at the hearing. Assembly of First Nations/National Indian Brotherhood
2014-05-09 Appeal perfected for hearing
2014-05-09 Correspondence received from, 5 reserved seats requested Métis Nation of Ontario
2014-05-09 Correspondence received from, 2 reserved seats requested Fort McKay First Nation
2014-05-08 Order by, Ka, FURTHER TO THE ORDERS dated March 26, 2014 and April 15, 2014 granting leave to intervene to the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Grand Council of Treaty #3, the Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128, the Fort McKay First Nation, the Te'mexw Treaty Association, the Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation, the Métis Nation of Ontario, the Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of the Cowichan Tribes, the Lac Seul First Nation, the Sandy Lake First Nation and the Assembly of First Nations/National Indian Brotherhood;
IT IS HEREBY FURTHER ORDERED THAT:
1. The Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Grand Council of Treaty #3, the Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128, the Te'mexw Treaty Association, the Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation, the Métis Nation of Ontario, the Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of the Cowichan Tribes, and the Assembly of First Nations/National Indian Brotherhood are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal.
2. The Lac Seul First Nation and the Sandy Lake First Nation are granted permission to present joint oral argument not exceeding 10 minutes at the hearing of the appeal.
3. The factum of the Fort McKay First Nation will be considered without the need for oral argument.
Allowed in part
2014-05-08 Order on motion to file a reply factum on appeal, (by KARAKATSANIS J.)
2014-05-08 Decision on the motion to file a reply factum on appeal, Ka, UPON APPLICATION by the appellant, Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation, for an order granting leave to file a consolidated reply to the respondents and interveners in this appeal not exceeding 10 pages;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2014-05-08 Submission of motion to file a reply factum on appeal, Ka
2014-05-08 Correspondence received from, 3 reserved seats requested Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-05-08 Supplemental document, Book of Authorities on Reply Factum, Completed on: 2014-05-08 Andrew Keewatin Jr.
2014-05-08 Reply factum on appeal, Completed on: 2014-05-08 Andrew Keewatin Jr.
2014-05-07 Correspondence received from, Peter Hutchins dated 2014-05-06. Re: Change of address Grand Council of Treaty #3
2014-05-05 Correspondence received from, 4 reserved seats requested Lac Seul First Nation
2014-05-05 Notice of appearance, David Leitch will be present at the hearing. Lac Seul First Nation
2014-05-05 Response to motion to file a reply factum on appeal, Completed on: 2014-05-05 Te'mexw Treaty Association
2014-05-05 Response to motion to file a reply factum on appeal, Completed on: 2014-05-05, (Electronic version filed on 2014-05-05) Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation
2014-05-02 Reply to motion to file a reply factum on appeal, Will not be filing a reply, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-05-02 Correspondence received from, Karey Brooks dated 2014-05-02. Re: Request to have a video-conference for the hearing. Te'mexw Treaty Association
2014-05-02 Response to motion to file a reply factum on appeal, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Andrew Keewatin Jr.
2014-05-02 Response to motion to file a reply factum on appeal, Completed on: 2014-05-02, (Printed version filed on 2014-05-02) Goldcorp Inc.
2014-05-02 Response to motion to file a reply factum on appeal, Completed on: 2014-05-02, (Printed version filed on 2014-05-02) Minister of Natural Resources
2014-05-02 Response to motion to file a reply factum on appeal, Completed on: 2014-05-02, (Electronic version filed on 2014-05-01) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-05-01 Correspondence received from, 2 reserved seats requested Minister of Natural Resources
2014-05-01 Notice of appearance, Michael Stephenson, Mark Crow and Christine Perruzza will be present at the hearing. Minister of Natural Resources
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Fort McKay First Nation
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Fort McKay First Nation
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-05-01 Intervener's book of authorities, (3 volumes), Completed on: 2014-05-01 Lac Seul First Nation
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Lac Seul First Nation
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Assembly of First Nations/National Indian Brotherhood
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Assembly of First Nations/National Indian Brotherhood
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Métis Nation of Ontario
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Métis Nation of Ontario
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Grand Council of Treaty #3
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Grand Council of Treaty #3
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Te'mexw Treaty Association
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Te'mexw Treaty Association
2014-05-01 Intervener's book of authorities, Completed on: 2014-05-01 Attorney General of British Columbia
2014-05-01 Intervener's factum, Completed on: 2014-05-01 Attorney General of British Columbia
2014-05-01 Response to motion to file a reply factum on appeal, Joint, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Assembly of First Nations/National Indian Brotherhood
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Attorney General of British Columbia
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Attorney General of Alberta
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of Cowichan Tribes
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Grand Council of Treaty #3
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Métis Nation of Ontario
2014-05-01 Response to motion to file a reply factum on appeal, Completed on: 2014-05-01, (Electronic version filed on 2014-05-01) Attorney General of Canada
2014-05-01 Notice of appearance, Mark Kindrachuk and Mitchell Taylor will be present at the hearing. Attorney General of Canada
2014-05-01 Correspondence received from, 4 reserved seats requested Goldcorp Inc.
2014-05-01 Notice of appearance, William Burden, Brian Dominique, Linda Knol and Thomas Isaac will be present at the hearing. Goldcorp Inc.
2014-05-01 Response to motion to file a reply factum on appeal, (Letter Form), Takes no position, Completed on: 2014-05-01, (Electronic version filed on 2014-05-01) Attorney General of Saskatchewan
2014-05-01 Response to motion to file a reply factum on appeal, (Letter Form), Response to file a consolidated reply - Manitoba takes No Position, Completed on: 2014-05-01, (Printed version filed on 2014-05-01) Attorney General of Manitoba
2014-04-30 Intervener's book of authorities, Completed on: 2014-04-30 Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation
2014-04-30 Intervener's factum, Completed on: 2014-04-30 Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation
2014-04-30 Intervener's book of authorities, Completed on: 2014-04-30 Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of Cowichan Tribes
2014-04-30 Intervener's factum, Completed on: 2014-04-30 Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of Cowichan Tribes
2014-04-30 Motion to file a reply factum on appeal, To file a consolidated reply to the respondents and interveners factums, Completed on: 2014-04-30 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-04-30 Intervener's book of authorities, Completed on: 2014-04-30 Attorney General of Manitoba
2014-04-30 Intervener's factum, Completed on: 2014-04-30 Attorney General of Manitoba
2014-04-30 Intervener's book of authorities, Completed on: 2014-04-30 Attorney General of Saskatchewan
2014-04-30 Intervener's factum, Completed on: 2014-04-30 Attorney General of Saskatchewan
2014-04-29 Intervener's book of authorities, Completed on: 2014-04-29 Attorney General of Alberta
2014-04-29 Intervener's factum, Completed on: 2014-04-29 Attorney General of Alberta
2014-04-29 Correspondence received from, Dr. Bruce McIvor by e-mail, re: request to file reply submissions to the respondents and interveners Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-04-28 Correspondence received from, 7 reserved seats requested Attorney General of Canada
2014-04-25 Notice of appearance, Christopher Matthews will be present at the hearing. Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-25 Correspondence received from, 2 reserved seats requested Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-24 Correspondence received from, 8 reserved seats requested Andrew Keewatin Jr.
2014-04-15 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2014-04-15 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Assembly of First Nations/National Indian Brotherhood for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Assembly of First Nations/National Indian Brotherhood is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before May 1, 2014.
To the extent that their interests are similar, interveners shall consult to avoid repetition.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The intervener is 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2014-04-15 Submission of motion for leave to intervene, Ka
2014-04-14 Certificate of counsel (attesting to record) Minister of Natural Resources
2014-04-14 Supplemental document, Respondent's Extract Book (12 copies), Completed on: 2014-04-14 Minister of Natural Resources
2014-04-14 Respondent's book of authorities, (3 volumes), Completed on: 2014-04-14 Minister of Natural Resources
2014-04-14 Respondent's record, (2 copies), Completed on: 2014-04-14 Minister of Natural Resources
2014-04-14 Respondent's factum, Completed on: 2014-04-14 Minister of Natural Resources
2014-04-14 Certificate of counsel (attesting to record), (Letter Form) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-14 Respondent's book of authorities, (Book Form), Completed on: 2014-04-14, (Electronic version filed on 2014-04-14) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-14 Supplemental document, Extract book of the Respondent, Completed on: 2014-04-14, (Electronic version filed on 2014-04-14) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-14 Respondent's record, (Book Form), Completed on: 2014-04-14, (Electronic version filed on 2014-04-14) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-14 Respondent's factum, (Book Form), Completed on: 2014-04-14, (Electronic version filed on 2014-04-15) Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-14 Correspondence received from, Patricia Wilson dated 2014-04-14. Re: Nothing that was filed is sealed Goldcorp Inc.
2014-04-14 Notice of name Goldcorp Inc.
2014-04-14 Certificate of counsel (attesting to record) Goldcorp Inc.
2014-04-14 Supplemental document, Respondent's Extract Book - 2 volumes (12 copies), Completed on: 2014-04-14 Goldcorp Inc.
2014-04-14 Respondent's book of authorities, Completed on: 2014-04-14 Goldcorp Inc.
2014-04-14 Respondent's record, (2 copies), Completed on: 2014-04-14 Goldcorp Inc.
2014-04-14 Respondent's factum, Completed on: 2014-04-14 Goldcorp Inc.
2014-04-11 Supplemental document, Respondent's Extract Book (12 copies), Completed on: 2014-04-11 Attorney General of Canada
2014-04-11 Respondent's book of authorities, Completed on: 2014-04-11 Attorney General of Canada
2014-04-11 Certificate of counsel (attesting to record) Attorney General of Canada
2014-04-11 Correspondence received from, Jeff Beedell, Gowling, Lafleur, Henderson, LLP re : will not be filing a reply in the AFN intervener motion. Assembly of First Nations/National Indian Brotherhood
2014-04-11 Respondent's record, (2 copies), Completed on: 2014-04-11 Attorney General of Canada
2014-04-11 Respondent's factum, Completed on: 2014-04-11 Attorney General of Canada
2014-04-11 Correspondence received from, William J. Burden re: agrees with the position of the Minister of Natural Resources in which they request the same aggregate amount of time that is given to the appellants Goldcorp Inc.
2014-04-10 Correspondence received from, Mark R. Kindrachuk, Q.C. re: agrees with the position of the Minister of Natural Resources in which they request the same aggregate amount of time that is given to the appellants Attorney General of Canada
2014-04-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-04-10 Minister of Natural Resources
2014-04-10 Correspondence received from, Christopher J. Matthews, re: agrees with the position of the Minister of Natural Resources in which they request the same aggregate amount of time that is given to the appellants Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2014-04-10 Correspondence received from, (Letter Form), Minister of Natural resources (Ontario), requesting further time for oral argument should the appellants' request be granted. Minister of Natural Resources
2014-04-10 Notice of appearance, (Letter Form), Mr. Thomas Isaac will appear as co-counsel on this appeal Goldcorp Inc.
2014-04-09 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-04-09 Attorney General of Canada
2014-04-09 Correspondence received from, 2 reserved seats requested Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation
2014-04-09 Response to the motion for leave to intervene, (Letter Form), consent, Completed on: 2014-04-09 Andrew Keewatin Jr.
2014-04-09 Response to the motion for leave to intervene, (Letter Form), Will not be filing a response , Completed on: 2014-04-09, (Printed version filed on 2014-04-09) Goldcorp Inc.
2014-04-09 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-04-09, (Printed version filed on 2014-04-09) Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-04-07 Correspondence received from, respondents Leslie Cameron and Wabauskang First Nation regarding oral argument. Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-04-07 Motion for leave to intervene, (Book Form), Motion to ext time included, Completed on: 2014-04-07, (Electronic version filed on 2014-04-07) Assembly of First Nations/National Indian Brotherhood
2014-04-04 Correspondence received from, Robert J.M. Janes, re: request for additional time for oral argument Andrew Keewatin Jr.
2014-04-04 Correspondence received from, (Letter Form), 6 reserved seats requested Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-03-26 Notice of hearing sent to parties
2014-03-26 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2014-03-26 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Grand Council of Treaty #3, the Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128, the Fort McKay First Nation, the Te'mexw Treaty Association, the Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation, the Métis Nation of Ontario, the Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of the Cowichan Tribes, the Lac Seul First Nation and the Sandy Lake First Nation 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 Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Grand Council of Treaty #3, the Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128, the Fort McKay First Nation, the Te'mexw Treaty Association, the Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation, the Métis Nation of Ontario and the Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of the Cowichan Tribes are granted and the said eleven interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before May 1, 2014.
The motions for leave to intervene of the Lac Seul First Nation and the Sandy Lake First Nation are granted and the said interveners shall serve and file a joint factum not to exceed 10 pages in length on or before May 1, 2014. They are not permitted to raise the issue of the jurisdiction of the Court of Appeal for Ontario in their submissions. The request of the Sandy Lake First Nation to file affidavit evidence is denied.
To the extent that their interests are similar, interveners shall consult to avoid repetition.
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.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
The appellants Andrew Keewatin Jr. and Joseph William Fobister, on their own behalf and on behalf of all other members of Grassy Narrows First Nation are permitted to serve and file a single factum not to exceed 5 pages in response to the interveners Attorney General of British Columbia, Attorney General for Saskatchewan, Attorney General of Alberta and the Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of the Cowichan Tribes on or before May 8, 2014.
Granted
2014-03-26 Submission of motion for leave to intervene, Ka
2014-03-19 Reply to the motion for leave to intervene, (Letter Form), Karey Brooks dated 2014-03-19, Completed on: 2014-03-19, (Electronic version filed on 2014-03-19) Te'mexw Treaty Association
2014-03-19 Reply to the motion for leave to intervene, (Letter Form), from David G. Leitch dated 2014-03-19 re: joint reply with Sandy Lake (original filed on 2014-03-26), Completed on: 2014-03-19, (Printed version filed on 2014-03-19) Lac Seul First Nation
2014-03-18 Reply to the motion for leave to intervene, from Jason Madden dated 2014-03-18 , Completed on: 2014-03-18 Métis Nation of Ontario
2014-03-18 Discontinuance of motion for leave to intervene, (Letter Form) Federation of Saskatchewan Indian Nations, Federation of Saskatchewan Indians Inc. and Assembly of First Nations/National Indian Brotherhood
2014-03-17 Response to the motion for leave to intervene, (Letter Form), from Malliha Wilson dated 2014-03-17 re: response to all motions for leave to intervene, Completed on: 2014-03-17, (Printed version filed on 2014-03-18) Minister of Natural Resources
2014-03-17 Response to the motion for leave to intervene, (Letter Form), from Mark R. Kindrachuck dated 2014-03-17 re: response to all motions except AGs - original rec'd 2014-03-21, Completed on: 2014-03-17, (Electronic version filed on 2014-03-18) Attorney General of Canada
2014-03-17 Response to the motion for leave to intervene, (Letter Form), Requesting leave to file Reply if leave is granted, Completed on: 2014-03-17 Andrew Keewatin Jr.
2014-03-17 Response to the motion for leave to intervene, (Letter Form), NO POSITION = AG of Alberta, AG of BC, AG of Manitoba

CONSENT = Te'mexw Treaty Association, the Grand Council of Treay #3, the Metis Nation of Ontario, the Cowichan Tribes, the Federation of Saskatchewan Indian Nations, et al. the Blood Tribe, et al. the Fort McKay First NAtion and the Ochiichagwe'babigo'ining Nation, et al.

OPPOSE = Lac Seul First Nation and Sandy Lake First Nation
, Completed on: 2014-03-17
Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-03-14 Response to the motion for leave to intervene, (Letter Form), from Mark R. Kindrachuck dated 2014-03-014 re: response to motions filed by AG Alberta, Manitoba and British Columbia - original rec'd 2014-03-21, Completed on: 2014-03-14, (Electronic version filed on 2014-03-14) Attorney General of Canada
2014-03-10 Intervener's factum, (Book Form), (in support of motions for leave to intervene of Lac Seul and Sandy Lake), Completed on: 2014-03-10 Lac Seul First Nation
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Sandy Lake First Nation
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Lac Seul First Nation
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Cowichan Tribes, represented by Chief William Charles Seymour, on his own behalf and on behalf of the members of Cowichan Tribes
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Federation of Saskatchewan Indian Nations, Federation of Saskatchewan Indians Inc. and Assembly of First Nations/National Indian Brotherhood
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Métis Nation of Ontario
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Ochiichagwe’Babigo’Ining First Nation, Ojibways of Onigaming First Nation, Big Grassy First Nation and Naotkamegwanning First Nation
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Te'mexw Treaty Association
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-10) Fort McKay First Nation
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-12) Blood Tribe, Beaver Lake Cree Nation, Ermineskin Cree Nation, Siksika Nation and Whitefish Lake First Nation #128
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-12) Attorney General of British Columbia
2014-03-10 Intervener's book of authorities, (Book Form), (on motion for leave to intervene), Completed on: 2014-03-10 Grand Council of Treaty #3
2014-03-10 Motion for leave to intervene, (Book Form), Completed on: 2014-03-10, (Electronic version filed on 2014-03-11) Grand Council of Treaty #3
2014-03-07 Motion for leave to intervene, Completed on: 2014-03-12, (Electronic version filed on 2014-03-17) Attorney General of Manitoba
2014-03-06 Motion for leave to intervene, (Book Form), Completed on: 2014-03-06, (Electronic version filed on 2014-03-06) Attorney General of Alberta
2014-03-04 Appeal hearing scheduled, 2014-05-15, Early start 9:00 a.m.
Judgment reserved
2014-02-25 Reply to the motion for leave to intervene, Completed on: 2014-02-25 Attorney General of Saskatchewan
2014-02-21 Response to the motion for leave to intervene, Completed on: 2014-02-21 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-02-18 Appellant's book of authorities, Completed on: 2014-02-18 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-02-18 Appellant's factum, Completed on: 2014-02-18 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2014-02-18 Supplemental document, Appellants' Extract Book (12 copies), Completed on: 2014-02-18 Andrew Keewatin Jr.
2014-02-18 Appellant's book of authorities, (2 volumes), Completed on: 2014-02-18 Andrew Keewatin Jr.
2014-02-18 Appellant's record, Corrected volume 1 filed on 2014-05-12 (Original judgment) (82 volumes + General Table of Contents), Completed on: 2014-02-18 Andrew Keewatin Jr.
2014-02-18 Appellant's factum, Completed on: 2014-02-18 Andrew Keewatin Jr.
2014-02-17 Response to the motion for leave to intervene, Completed on: 2014-02-17 Attorney General of Canada
2014-02-13 Notice of appearance, (Letter Form), Mark R. Kindrachuck, Q.C., fax dated 02-13-2014, re.: Mr. Kindrachuck, Q.C. and Mitchell R. Taylor, Q.C. have been appointed as counsel of record for the Respondent AG of Canada and will also be appearing at the hearing. Attorney General of Canada
2014-02-12 Motion for leave to intervene, (Book Form), Completed on: 2014-02-12, (Electronic version filed on 2014-02-12) Attorney General of Saskatchewan
2014-02-10 Order on miscellaneous motion, (by ROTHSTEIN J.)
2014-02-10 Decision on miscellaneous motion, Ro, UPON APPLICATION by Andrew Keewatin Jr. and Joseph William Fobister, on their own behalf and on behalf of all other members of Grassy Narrows First Nation, the moving parties, for an order dispensing with various requirements of the Rules of the Supreme Court of Canada;
AND UPON APPLICATION by Andrew Keewatin Jr. and Joseph William Fobister, on their own behalf and on behalf of all other members of Grassy Narrows First Nation, the Attorney General of Canada and the Minister of Natural Resources for leave to file lengthy factums;
AND THE MATERIAL FILED having been read;
AND UPON THE CONSENT of all parties;
AND THERE BEING no evidence filed to explain why the legal issues in this appeal cannot be succinctly and adequately addressed in a factum of 40 pages or less;
IT IS HEREBY ORDERED THAT:
1. The appellants and respondents are excused from serving a printed version of the record and book of authorities on all other parties and interveners.
2. Interveners are excused from serving a printed version of their book of authorities on all other parties and interveners.
3. The appellant, Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation, is excused from serving and filing an appellant’s record and may rely upon the appellants’ record filed by the moving parties.
4. The moving parties shall file one copy of the electronic version and two copies of the full printed version of the full record (Parts I to IV). The moving parties are excused from filing with the Registrar 11 copies of Parts III and IV of the record. They shall file 1 copy of the electronic version, 1 original and 11 copies of the printed version of an “Extract Book” containing extracts of exhibits and transcripts relied upon.
5. The respondents shall file one copy of the electronic version and two copies of the printed version of the full record (Parts I to III). The respondents shall also file 1 copy of the electronic version, 1 original and 11 copies of the printed version of an “Extract Book” containing extracts of exhibits and transcripts relied upon but not already included in the appellants’ “Extract Book”.
6. The appellants and respondents shall serve one electronic version and one printed version of their “Extract Book” on all other parties. They shall also serve one electronic version of that “Extract Book” on all interveners.
7. Unless otherwise ordered herein, all other service and filing requirements set out in the Rules of the Supreme Court of Canada continue to apply to these proceedings.
8. The motion to file factums in excess of 40 pages is dismissed.
9. Parties with identical or similar interests are instructed to consult, in order to ensure, as far as possible, that their factums are not redundant or repetitive.
Allowed in part
2014-02-10 Submission of miscellaneous motion, Ro
2014-02-04 Notice of miscellaneous motion, (Letter Form), to dispense with printing of the Record and Authorities and lengthy memorandum (all parties consented), Completed on: 2014-02-04, (Electronic version filed on 2014-02-04) Andrew Keewatin Jr.
2013-12-16 Order on miscellaneous motion, (by the COURT)
2013-12-16 Decision on miscellaneous motion, THE COURT:
UPON APPLICATION by the moving parties Andrew Keewatin Jr. and Joseph William Fobister, on their own behalf and on behalf of all other members of Grassy Narrows First Nation, for an order for advanced costs in this appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for advanced costs is granted with costs to the moving parties. The Minister of Natural Resources and the Attorney General of Canada shall pay to the moving parties the costs of this appeal, on a partial indemnity basis, in advance and in any event of the cause.
Granted, with costs
2013-12-16 Submission of miscellaneous motion, for advanced costs, the Court
2013-11-21 Response to miscellaneous motion, for advanced costs from Gary Penner dated 2013-11-19 (included in the motion), Completed on: 2013-11-21 Attorney General of Canada
2013-11-21 Response to miscellaneous motion, (Letter Form), (for advanced costs) from Michael R. Stephenson dated 2013-11-19 (included in the motion), Completed on: 2013-11-21 Minister of Natural Resources
2013-11-21 Notice of miscellaneous motion, (Book Form), for advances costs, Completed on: 2013-11-21 Andrew Keewatin Jr.
2013-11-12 Correspondence received from, (Letter Form), Fax dated 2013-11-12, re.: Patricia Wilson of Osler, Hoskin & Harcourt LLP has been appointed Ottawa agents for Goldcorp Inc. Goldcorp Inc.
2013-11-06 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-11-06 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondent, the Attorney General of Canada, for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with costs to the appellants.
IT IS HEREBY FURTHER ORDERED THAT:
1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 10, 2014.
2. The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before March 17, 2014.
3. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before March 19, 2014.
Dismissed, with costs
2013-11-06 Submission of motion to state a constitutional question, CJ
2013-10-31 Response to the motion to state a constitutional question, Completed on: 2013-10-31 Minister of Natural Resources
2013-10-30 Reply to the motion to state a constitutional question, Completed on: 2013-10-30 Attorney General of Canada
2013-10-28 Response to the motion to state a constitutional question, Completed on: 2013-10-29 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2013-10-25 Response to the motion to state a constitutional question, (proof of service received October 28, 2013), Completed on: 2013-10-28 Andrew Keewatin Jr.
2013-10-21 Motion to state a constitutional question, (Book Form), Completed on: 2013-10-21 Attorney General of Canada
2013-10-21 Notice of appeal, 2nd application - NOA for Leslie Cameron, et al., Completed on: 2013-10-21 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2013-10-21 Notice of appeal, 1st application - NOA for Andrew Keewatin Jr., et al., Completed on: 2013-10-21 Andrew Keewatin Jr.
2013-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-09-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-09-20 Judgment on leave sent to the parties
2013-09-19 Judgment of the Court on the application for leave to appeal, The motion for leave to intervene of the Grand Council of Treaty #3 is dismissed without prejudice to the Grand Council’s right to seek leave to intervene on appeal. The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C54314, C54326 and C54348, 2013 ONCA 158, dated March 18, 2013, are granted with costs in any event of the cause and without prejudice to the right of the applicants from the Grassy Narrows First Nation to file a motion seeking an order for advanced costs on appeal, accompanied by evidence in support of that motion.
Granted, with costs in the cause
2013-09-19 Decision on motion for leave to intervene, see judgment
Dismissed
2013-08-06 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-08-06 Submission of motion for leave to intervene, LeB Ka Wa
2013-06-27 Applicant's reply to respondent's argument, Completed on: 2013-06-27 Andrew Keewatin Jr.
2013-06-27 Response to the motion for leave to intervene, (Letter Form), (by fax) from Karey Brooks dated June 27, 2013, Completed on: 2013-06-27 Andrew Keewatin Jr.
2013-06-26 Response to the motion for leave to intervene, (Letter Form), received by e-mail June 26, 2013, Completed on: 2013-06-26 Minister of Natural Resources
2013-06-26 Response to the motion for leave to intervene, (Letter Form), received by fax June 26/13, Completed on: 2013-06-26 Attorney General of Canada
2013-06-24 Applicant's reply to respondent's argument, Completed on: 2013-06-24 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2013-06-17 Book of authorities, (Book Form), (on motion for leave to intervene) Grand Council of Treaty #3
2013-06-17 Motion for leave to intervene, (Book Form), Completed on: 2013-06-17 Grand Council of Treaty #3
2013-06-17 Book of authorities, (Book Form), Joint Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2013-06-17 Respondent's response on the application for leave to appeal, (Book Form), Joint response to 1st and 2nd application, Completed on: 2013-06-17 Resolute FP Canada Inc. (formerly Abitibi-Consolidated Inc.)
2013-06-17 Book of authorities, (Book Form), Joint - service rec'd June 18/13 Minister of Natural Resources
2013-06-17 Respondent's response on the application for leave to appeal, (Book Form), Joint response to 1st and 2nd application - service rec'd June 18/13 (No CD), Completed on: 2013-06-19 Minister of Natural Resources
2013-06-13 Book of authorities, (Book Form) Attorney General of Canada
2013-06-13 Respondent's response on the application for leave to appeal, (Book Form), Joint response to both 1st and 2nd application, Completed on: 2013-06-13 Attorney General of Canada
2013-05-21 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, 2nd APPLICATION
2013-05-21 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, 1st APPLICATION
2013-05-16 Application for leave to appeal, (Book Form), 2nd APPLICATION - Vol. 1 and 2 - CA Orde rec'd May 27/13 (No CD), Completed on: 2013-05-28 Leslie Cameron, on his own behalf and on behalf of all other members of Wabauskang First Nation
2013-05-16 Book of authorities, (Book Form), 1st APPLICATION Andrew Keewatin Jr.
2013-05-16 Application for leave to appeal, (Book Form), 1st APPLICATION - Vol. 1 and 2 - CA order rec'd May 27/13, Completed on: 2013-05-28 Andrew Keewatin Jr.
 

loading