Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
17507
Delbert Guerin, et al. v. Her Majesty the Queen
(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) |
|---|---|---|
| 1990-11-16 | Appeal closed | |
| 1987-08-24 | Copy of formal judgment being prepared, Davis & co. (Vancouver,BC) | |
| 1987-08-24 | Certificate of taxation issued to, Shane Nossad (Davis & Co) (Vancouver,BC) | |
| 1987-08-24 | Fee on taxation $30.00, receipt # 11132 | Delbert Guerin |
| 1987-08-24 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa,ON) | |
| 1987-08-07 | Decision on the bill of costs, $ 42,047.92 | |
| 1987-07-10 | Correspondence (sent by the Court) to, sent regarding Bill of Costs | |
| 1985-06-28 | Record returned to the Registrar of the Court of Appeal, (F.C.A., Ottawa,ON) by hand | |
| 1984-11-01 |
Judgment on the appeal rendered, CJ CJ R B E McI C La W, The appeal is allowed. The judgment of the Federal Court of Appeal is set aside and the judgment at trial is restored with costs to the Appellants in all courts. There will be no costs payable by or to the intervenor. Chief Justice Laskin took no part in the judgment. Allowed, costs in this Court and courts below |
|
| 1983-07-31 | Correspondence (sent by the Court) to, dated July 25 from Davis & Co. | |
| 1983-07-31 | Correspondence (sent by the Court) to, dated July 13 from Davis & Co. | |
| 1983-06-15 | General proceeding, to note 9 copies of Appellant's reply to Respondent's argument | Delbert Guerin |
| 1983-06-13 |
Hearing of the appeal, 1983-06-13, (Appeal heard June 13th and 14th), CJ CJ R B E McI C La W Decision reserved |
|
| 1983-06-13 |
Decision on motion to adduce new evidence Traversed, no order as to costs |
|
| 1983-06-13 |
Hearing of the motion to adduce new evidence, 1983-06-13 Decision reserved |
|
| 1983-06-13 |
Submission of motion to adduce new evidence, 1983-06-13 Decision reserved |
|
| 1983-06-13 | General proceeding, to note 9 copies of summary of Appellant's main points of argument | Delbert Guerin |
| 1983-06-10 | Service, of Robert James Cren, 10 copies, with service | |
| 1983-06-08 | Book of authorities, 9 copies each volume 1 & 2 | Her Majesty the Queen |
| 1983-06-06 | Intervener's factum, (served copy), with service | National Indian Brotherhood |
| 1983-06-03 | Intervener's factum, 19 copies | National Indian Brotherhood |
| 1983-05-27 | Motion to adduce new evidence, 17 copies, with service | Delbert Guerin |
| 1983-05-27 | Respondent's factum, 20 copies | Her Majesty the Queen |
| 1983-05-26 | Book of authorities, 9 copies and Indian Act | Delbert Guerin |
| 1983-05-24 | Agreement as to contents of case | Delbert Guerin |
| 1983-05-24 | Appeal court record | |
| 1983-05-24 | Trial court record | |
| 1983-05-24 | Certified casebook | Delbert Guerin |
| 1983-05-06 | Intervener's factum | Union of Ontario Indians |
| 1983-05-06 | General proceeding, 20 note 20 copies of addendum of case on appeal | Delbert Guerin |
| 1983-04-26 |
Appeal hearing scheduled, 1983-06-13 Decision reserved |
|
| 1983-04-21 | Order on motion to expedite the appeal | |
| 1983-04-15 | Notice of hearing, With service | Delbert Guerin |
| 1983-04-13 |
Decision on the motion for leave to intervene, CJ Dismissed, no order as to costs |
|
| 1983-04-13 | Hearing of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 | Submission of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 |
Decision on the motion for leave to intervene, CJ Dismissed, no order as to costs |
|
| 1983-04-13 | Hearing of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 | Submission of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 |
Decision on the motion for leave to intervene, CJ Dismissed, no order as to costs |
|
| 1983-04-13 | Hearing of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 | Submission of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 |
Decision on the motion for leave to intervene, CJ Dismissed, no order as to costs |
|
| 1983-04-13 | Hearing of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 | Submission of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 |
Decision on the motion for leave to intervene, CJ Dismissed, no order as to costs |
|
| 1983-04-13 | Hearing of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-13 | Submission of motion for leave to intervene, 1983-04-13, CJ | |
| 1983-04-12 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Granted, no order as to costs |
|
| 1983-04-12 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1983-04-12 | |
| 1983-04-12 | Hearing of motion to expedite the appeal, 1983-04-12 | |
| 1983-04-12 | Submission of motion to expedite the appeal, 1983-04-12 | |
| 1983-04-11 | Appeal perfected for hearing, Session beginning on 1983-04-26 | |
| 1983-04-11 | Order on motion to expedite the appeal | |
| 1983-04-11 |
Decision on motion to expedite the appeal, DeRg Granted, no order as to costs |
|
| 1983-04-11 | Hearing of motion to expedite the appeal, 1983-04-11, DeRg | |
| 1983-04-11 | Submission of motion to expedite the appeal, 1983-04-11, DeRg | |
| 1983-04-11 | Book of authorities, 10 copies | Delbert Guerin |
| 1983-04-11 | Appellant's factum, 21 copies, with service | Delbert Guerin |
| 1983-04-07 |
Hearing of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Submission of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Hearing of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Submission of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Hearing of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Submission of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Hearing of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Submission of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Hearing of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Submission of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Decision on the motion for leave to intervene Traversed, no order as to costs |
|
| 1983-04-07 |
Hearing of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-07 |
Submission of motion for leave to intervene, 1983-04-07 Decision reserved |
|
| 1983-04-06 | Response to motion to expedite the appeal | Her Majesty the Queen |
| 1983-04-06 | Motion to expedite the appeal, With service | Delbert Guerin |
| 1983-04-05 | Affidavit | Delbert Guerin |
| 1983-04-05 | Motion to expedite the appeal, With service | Delbert Guerin |
| 1983-03-31 | Response to the motion for leave to intervene | Her Majesty the Queen |
| 1983-03-31 | Affidavit | Union of Ontario Indians |
| 1983-03-31 | Affidavit | Union of British Columbia Indian Chiefs |
| 1983-03-31 | Affidavit | Gitksan-Carrier Tribal Council |
| 1983-03-31 | Affidavit | Carrier-Sekani Tribal Council |
| 1983-03-31 | Affidavit | Treaty 8 Tribal Association |
| 1983-03-31 | Motion for leave to intervene | Union of Ontario Indians |
| 1983-03-31 | Motion for leave to intervene | Union of British Columbia Indian Chiefs |
| 1983-03-31 | Motion for leave to intervene | Gitksan-Carrier Tribal Council |
| 1983-03-31 | Motion for leave to intervene | Carrier-Sekani Tribal Council |
| 1983-03-31 | Motion for leave to intervene | Treaty 8 Tribal Association |
| 1983-03-31 | Response to the motion for leave to intervene | Delbert Guerin |
| 1983-03-29 | Motion for leave to intervene, With service | Association of Iroquois and Allied Indians |
| 1983-03-21 | Case on appeal, 20 copies each, volumes 1 to 18 | Delbert Guerin |
| 1983-03-21 | Order on motion for leave to intervene | |
| 1983-03-21 |
Decision on the motion for leave to intervene, CJ Granted, no order as to costs |
|
| 1983-03-21 | Hearing of motion for leave to intervene, 1983-03-21, CJ | |
| 1983-03-21 | Submission of motion for leave to intervene, 1983-03-21, CJ | |
| 1983-03-14 | Affidavit, With service | National Indian Brotherhood |
| 1983-03-14 | Motion for leave to intervene, With service | National Indian Brotherhood |
| 1983-02-24 | Order granting leave to appeal | |
| 1983-02-22 | Notice of appeal, With service | Delbert Guerin |
| 1983-02-21 |
Judgment of the Court on the application for leave to appeal, CJ E W Granted, no order as to costs |
|
| 1983-02-21 | Hearing of the application for leave to appeal, 1983-02-21, CJ E W | |
| 1983-02-21 | All materials on application for leave submitted to the Judges, 1983-02-21, CJ E W | |
| 1983-02-15 | Court of Appeal casebooks and transcripts of evidence | |
| 1983-01-28 | Application for leave to appeal, 4 copies served copy, with service, Completed on: 1983-01-28 | Delbert Guerin |
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 |
|---|---|---|
| Guerin, Delbert | Applicant | Active |
| Becker, Joseph | Applicant | Active |
| Campbell, Eddie | Applicant | Active |
| Charles, Mary | Applicant | Active |
| Guerin, Gertrude | Applicant | Active |
| Sparrow, Gail | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| National Indian Brotherhood | Intervener | Active |
| Association of Iroquois and Allied Indians | Intervener | Pending |
Counsel
Party: Guerin, Delbert
Counsel
Reynolds
Harvey
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Becker, Joseph
Counsel
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Campbell, Eddie
Counsel
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Charles, Mary
Counsel
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Guerin, Gertrude
Counsel
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Sparrow, Gail
Counsel
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Taylor
Freeman
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569
Party: National Indian Brotherhood
Counsel
B.A. Crane, Q.C.
5TH FL
OTTAWA, Ontario
K1P 5V9
Party: Association of Iroquois and Allied Indians
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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.
None.
Lower court rulings
Federal Court of Canada, Trial Division
T-4656-75
Declaration that the defendant was in breach of trust
Federal Court of Appeal
A-564-81
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available