Case information

Docket

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

List of proceedings

Date	Proceeding	Filed By (if applicable)
1994-07-06	Close file for archive
1990-05-08	Correspondence (sent by the Court) to, enclosing the Record of the Court of Appeal sent to Mr B.T. Cadger, Registrar (Winnipeg,MN)
1990-04-09	Copy of formal judgment being prepared, Ivan G. Whitehall, Q.C. C/O Department of Justice (Ottawa,ON)
1990-04-09	Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1990-04-09	Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-04-09	Formal judgment sent to the registrar of the court of appeal and all parties, (Winnipeg,MN)
1990-03-02	Judgment on the appeal rendered, CJ W LaF So G Co McL, THE CHIEF JUSTICE (orally for the Court): We are all of the view that this appeal succeeds. The judgment of the Court will be delivered by Mme Justice Wilson. WILSON J.: The members of the Court are all of the view that the test laid down in Attorney General of Canada v. Inuit Tapirisat, [1980] 2 S.C.R. 735 for striking out a statement of claim isnot met in this case. It cannot be said that the outcome of the case is "plain and obvious" or "beyond doubt". Issues as to the proper interpretation of the relevant provisions of the Manitoba Act of 1870 and the Constitution Act of 1871 and the effect of the impugned ancillary legislation upon them would appear to be better determined at trial where a proper factual base can be laid. The Court is of the view also that the subject matter of the dispute, inasmuch as it involves the constitutionality of legislation ancillary to the Manitoba Act, is justiciable in the courts and that declaratory relief may be granted in the discretion of the court in aid of extra-judicial claims in an appropriate case. We see no reason, therefore, why the action should not proceed to trial. The appeal is accordingly allowed and the order of the Court of Appeal striking out the appellants' claim against the Attorney General of Canada is set aside. Allowed, no order as to costs
1990-03-02	Hearing of the appeal, 1990-03-02, CJ W LaF So G Co McL
1990-02-28	Book of authorities, 10 copies, with service	Yvon Dumont
1990-02-23	Book of authorities, 10 copies	Attorney General of Canada
1990-02-13	General proceeding, 21 copies of respondent's supplement (statutes), with service	Attorney General of Canada
1990-02-13	Respondent's factum, 21 copies, with service	Attorney General of Canada
1990-02-01	Appeal hearing scheduled, 1990-03-02
1990-01-19	Notice of hearing, With service	Yvon Dumont
1989-11-22	Appeal perfected for hearing, Session beginning on 1990-01-22
1989-11-22	Appellant's factum, 21 copies	Native Council of Canada Inc.
1989-11-05	Trial court record
1989-11-01	Appellant's factum, 20 copies joint factum, with service	Yvon Dumont
1989-10-18	Appeal court record
1989-10-18	Certified casebook	Yvon Dumont
1989-09-08	Certified casebook, With service	Yvon Dumont
1989-08-25	Case on appeal, 21 copies,	Yvon Dumont
1989-07-21	Decision on the motion for leave to intervene, on behalf of the Nation Métis Council (for reasons, see file. There shall be nor order as to costs), La Dismissed, no order as to costs
1989-07-21	Hearing of motion for leave to intervene, 1989-07-21, on behalf of the Nation Métis Council (for reasons, see file. There shall be nor order as to costs), La
1989-07-21	Submission of motion for leave to intervene, 1989-07-21, on behalf of the Nation Métis Council (for reasons, see file. There shall be nor order as to costs), La
1989-07-20	Hearing of motion for leave to intervene, 1989-07-20, on behalf of the National Metis Council Decision reserved
1989-07-20	Submission of motion for leave to intervene, 1989-07-20, on behalf of the National Metis Council Decision reserved
1989-07-19	Decision on the motion for leave to intervene, on behalf of National Metis Council Traversed, no order as to costs
1989-07-19	Hearing of motion for leave to intervene, 1989-07-19, on behalf of National Metis Council Adjourned
1989-07-19	Submission of motion for leave to intervene, 1989-07-19, on behalf of National Metis Council Adjourned
1989-07-18	Response to the motion for leave to intervene, by Metis National Council	Yvon Dumont
1989-07-04	Notice of appeal, With service	Yvon Dumont
1989-06-26	Affidavit, With service	Métis National Council
1989-06-26	Motion for leave to intervene, With service	Métis National Council
1989-06-12	Close file on Leave
1989-06-12	Notice of deposit of judgment issued to all parties, Burke-Robertson, Chadwick & Ritchie (Ott., Ont.)
1989-06-12	Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Associates (Ott., Ont.)
1989-06-12	Notice of deposit of judgment issued to all parties, Attorney General of Canada (Ott., Ont.)
1989-06-08	Judgment of the Court on the application for leave to appeal, CJ McI La LaF L'HD, The application for leave to appeal is granted. Granted, no order as to costs
1989-01-23	Hearing of the application for leave to appeal, 1989-01-23, CJ McI La LaF L'HD Decision reserved
1989-01-23	All materials on application for leave submitted to the Judges, 1989-01-23, CJ McI La LaF L'HD Decision reserved
1989-01-16	Hearing of the application for leave to appeal scheduled
1989-01-06	Correspondence received from, Letter re ordering an oral hearing for Jan. 23/89 sent to W.G. Burke-Robertson (Ott., Ont.)
1989-01-06	Correspondence received from, letter advising re ordering an oral hearing for Jan,. 23/89 sent to R.S. Fainstein (Ott., Ont.)
1989-01-05	Judgment of the Court on the application for leave to appeal, La LaF L'HD Oral hearing ordered, no order as to costs
1989-01-05	Hearing of the application for leave to appeal, 1989-01-05, La LaF L'HD
1989-01-05	All materials on application for leave submitted to the Judges, 1989-01-05, La LaF L'HD
1988-11-01	Order on motion to file a lengthy memorandum of argument
1988-11-01	Decision on motion to file a lengthy memorandum of argument, W Granted, no order as to costs
1988-11-01	Hearing of motion to file a lengthy memorandum of argument, 1988-11-01, W
1988-11-01	Submission of motion to file a lengthy memorandum of argument, 1988-11-01, W
1988-11-01	Response to the motion to file a lengthy memorandum of argument	Attorney General of Canada
1988-11-01	Affidavit, received, affidavit of V. Jennifer MacKinnon in support	Yvon Dumont
1988-11-01	Motion to file a lengthy memorandum of argument	Yvon Dumont
1988-10-27	Affidavit, With service	Métis National Council
1988-10-27	Motion for leave to intervene, With service	Métis National Council
1988-10-17	All materials on application for leave submitted to the Judges, La LaF L'HD
1988-10-04	General proceeding, to note 5 copies of argument, with service	Native Council of Canada Inc.
1988-09-22	Respondent's response on the application for leave to appeal, 5 copies, with service	Attorney General of Canada
1988-09-09	Correspondence received from, Letter re new rules sent to I.G. Whitehall, Q.C. (Ottawa ON)
1988-08-29	$30.00 filing fee, receipt #12824	Yvon Dumont
1988-08-29	Application for leave to appeal, 5 copies, with service, Completed on: 1988-08-29	Yvon Dumont

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Dumont, Yvon	Applicant	Active
Chartrand, Roy	Applicant	Active
Erickson, Ron	Applicant	Active
Riddle, Claire	Applicant	Active
De La Ronde, Billyjo	Applicant	Active
Fleming, Jack	Applicant	Active
McPherson, Jack	Applicant	Active
Roulette, Don	Applicant	Active
Bruce Jr., Edgar	Applicant	Active
Lundmark, Freda	Applicant	Active
Allaries, Miles	Applicant	Active
Klassen, Celia	Applicant	Active
Belhumeur, Alma	Applicant	Active
Guiboche, Stan	Applicant	Active
Perrault, Jeanne	Applicant	Active
Banks Ducharme, Marie	Applicant	Active
Henderson, Earl	Applicant	Active
Manitoba Métis Federation Inc.	Applicant	Active
Native Council of Canada Inc.	Applicant	Active

v.

Main parties - Respondents

Name	Role	Status
Attorney General of Canada	Respondent	Active

Other parties

Other parties

Name	Role	Status
Métis National Council	Intervener	Pending
Metis National Council	Intervener	Pending
Attorney General of Manitoba	Other	Active

Counsel

Summary

Filed documents

Webcasts

Not available.

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