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.
22017
Attorney General of Canada v. Attorney General of British Columbia
(British Columbia) (Civil) (Reference)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1991-08-26 | Appeal closed | |
| 1991-08-26 | Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC) | |
| 1991-08-26 | Copy of formal judgment being prepared, Douglas Rutherford, Q.C. c/o Dept. of Justice (Ottawa,ON) | |
| 1991-08-26 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-08-26 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-08-26 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1991-08-16 | Notice of deposit of judgment sent to all parties, Douglas Rutherford, Q.C. c/o Dept. of Justice (Ottawa,ON) | |
| 1991-08-16 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-08-16 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-08-16 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1991-08-15 |
Judgment on the appeal rendered, CJ LaF So G Co McL St, The appeal is allowed. Allowed, no order as to costs |
|
| 1990-12-20 | General proceeding, transcripts received and distributed to the justices (254 pages,2 volumes) | |
| 1990-12-12 | General proceeding, supplementary AUTHORITIES distributed in Court | Attorney General of Canada |
| 1990-12-11 |
Hearing of the appeal, 1990-12-11, CJ LaF So G Co McL St Decision reserved |
|
| 1990-12-07 | Correspondence received from, from Ms Debbie Haddad requesting the change of page 6 and 8 of his factum (31 copies of each) | Attorney General of Manitoba |
| 1990-12-07 | Book of authorities, 10 copies of vol. I to IV | Attorney General of Canada |
| 1990-12-04 | Service, of intervener's factum | |
| 1990-12-03 | Intervener's factum, 19 copies, with service | United Native Nations of British Columbia |
| 1990-12-03 | Service, of intervener's factum | |
| 1990-12-03 | Book of authorities, 11 copies, with service | Attorney General for Ontario |
| 1990-11-28 | Intervener's factum, 31 copies, with service | Attorney General of Manitoba |
| 1990-11-26 | Intervener's factum, 22 copies | Attorney General of Saskatchewan |
| 1990-11-26 | Intervener's factum, 33 copies, with service | Attorney General for Ontario |
| 1990-11-23 | Intervener's factum, 22 copies, with service | Attorney General of Alberta |
| 1990-11-15 | Respondent's factum, 21 copies, with service | Attorney General of British Columbia |
| 1990-10-15 | Notice of intervention respecting a constitutional question | United Native Nations of British Columbia |
| 1990-10-12 |
Decision on motion to amend, CJ, the order of the Chief Justice dated Sep/17/90, to read at paragraph 3 as follows, "(leave is granted to the Attorneys General of the provinces to intervene in this appeal by serving and filing a notice of intervention on or before Oct/15/90, and in respect of which interventions the provisions of Rule 18(5)(a) and (c) do not apply.)" Granted, no order as to costs |
|
| 1990-10-12 | Hearing of motion to amend, 1990-10-12, CJ | |
| 1990-10-12 | Submission of motion to amend, 1990-10-12, CJ | |
| 1990-10-12 |
Decision on the motion to state a constitutional question, CJ Dismissed, no order as to costs |
|
| 1990-10-12 | Hearing of the motion to state a constitutional question, 1990-10-12, CJ | |
| 1990-10-12 | Submission of motion to state a constitutional question, 1990-10-12, CJ | |
| 1990-10-08 | Response to motion to amend, With service | Attorney General of Alberta |
| 1990-10-08 | Response to motion to amend, With service | Attorney General of Manitoba |
| 1990-10-08 | Response to motion to amend, With service | Attorney General for Ontario |
| 1990-10-08 | Response to motion to amend, With service | Attorney General of British Columbia |
| 1990-10-08 | Response to motion to amend, With service | Attorney General of Canada |
| 1990-10-08 | Motion to amend, on consent , the order of the Chief Justice dated Sept/17/90 ., with service | Attorney General of Alberta |
| 1990-10-03 | Motion to state a constitutional question, With service | Attorney General for Ontario |
| 1990-10-02 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1990-10-02 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1990-09-27 |
Appeal hearing scheduled, 1990-12-11 Decision reserved |
|
| 1990-09-21 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1990-09-19 | Order on miscellaneous motion, dismissing leave to the appellant to file a factum in reply | |
| 1990-09-19 | Order on miscellaneous motion, setting the dates for the filing of factums by the Respondent and any intervenors | |
| 1990-09-19 | Order on miscellaneous motion, granting leave to the attorneys general of the Provinces to intervene in this appeal by serving & filing a notice of intervention before Oct 15,'90, amended Oct/10/90 by adding "and in respect of which interventions the provisions of Rules 18(5) (a) and ( | |
| 1990-09-19 | Order on motion to expedite the appeal | |
| 1990-09-19 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1990-09-17 | Appeal perfected for hearing, Session beginning on 1990-10-01 | |
| 1990-09-17 |
Decision on miscellaneous motion, for an order granting appellant to file a factum in reply, CJ Dismissed, no order as to costs |
|
| 1990-09-17 | Hearing of miscellaneous motion, 1990-09-17, for an order granting appellant to file a factum in reply, CJ | |
| 1990-09-17 | Submission of miscellaneous motion, 1990-09-17, for an order granting appellant to file a factum in reply, CJ | |
| 1990-09-17 |
Decision on miscellaneous motion, for an order setting dates for the filing of factums by the respondent and any interveners (Resp. factum by November 15, 1990; Interveners' factum by Novemer 26, 1990), CJ Granted, no order as to costs |
|
| 1990-09-17 | Hearing of miscellaneous motion, 1990-09-17, for an order setting dates for the filing of factums by the respondent and any interveners (Resp. factum by November 15, 1990; Interveners' factum by Novemer 26, 1990), CJ | |
| 1990-09-17 | Submission of miscellaneous motion, 1990-09-17, for an order setting dates for the filing of factums by the respondent and any interveners (Resp. factum by November 15, 1990; Interveners' factum by Novemer 26, 1990), CJ | |
| 1990-09-17 |
Decision on miscellaneous motion, for order granting leave to the A.G.'s of the provinces to intervene on or before October 15/90, CJ Granted, no order as to costs |
|
| 1990-09-17 | Hearing of miscellaneous motion, 1990-09-17, for order granting leave to the A.G.'s of the provinces to intervene on or before October 15/90, CJ | |
| 1990-09-17 | Submission of miscellaneous motion, 1990-09-17, for order granting leave to the A.G.'s of the provinces to intervene on or before October 15/90, CJ | |
| 1990-09-17 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard Dec. 11th and 12th, 1990) Granted, no order as to costs |
|
| 1990-09-17 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-09-17, (Appeal to be heard Dec. 11th and 12th, 1990) | |
| 1990-09-17 | Hearing of motion to expedite the appeal, 1990-09-17, (Appeal to be heard Dec. 11th and 12th, 1990) | |
| 1990-09-17 | Submission of motion to expedite the appeal, 1990-09-17, (Appeal to be heard Dec. 11th and 12th, 1990) | |
| 1990-09-17 |
Decision on motion to expedite the appeal, CJ Granted, no order as to costs |
|
| 1990-09-17 | Hearing of motion to expedite the appeal, 1990-09-17, CJ | |
| 1990-09-17 | Submission of motion to expedite the appeal, 1990-09-17, CJ | |
| 1990-09-12 | Certified casebook, vol. I,II & III, with service | Attorney General of Canada |
| 1990-09-12 | Case on appeal, 30 copies of vol. I,II & III, with service | Attorney General of Canada |
| 1990-09-12 | Appellant's factum, 31 copies, with service | Attorney General of Canada |
| 1990-09-10 | Affidavit, for an order granting leave to appellant to file factum in reply to new issues or matters raised by Resp. or the intervenors, with service | Attorney General of Canada |
| 1990-09-10 | Affidavit, for order setting dates for the filing of factums by the Resp. & any intervenors, with service | Attorney General of Canada |
| 1990-09-10 | Affidavit, for order granting leave to A.G.'s of the Prov.(s) to intervene in this appeal, with service | Attorney General of Canada |
| 1990-09-10 | Affidavit, With service | Attorney General of Canada |
| 1990-09-10 | Affidavit, With service | Attorney General of Canada |
| 1990-09-10 | Notice of miscellaneous motion, granting leave to the appellant to file a factum in reply to new issues or matters raised by the respondent or the interveners in their factums, & for setting the date for filing any such factum in reply, with service | Attorney General of Canada |
| 1990-09-10 | Notice of miscellaneous motion, for an order setting the dates for the filing of factums by the respondent and any intervenors, with service | Attorney General of Canada |
| 1990-09-10 | Notice of miscellaneous motion, for an order granting leave to intervene to the Attorneys general of the provinces in this appeal by serving & filing notice of intervention, with service | Attorney General of Canada |
| 1990-09-10 | Motion to expedite the appeal, With service | Attorney General of Canada |
| 1990-09-10 | Motion to expedite the appeal, With service | Attorney General of Canada |
| 1990-07-16 | $30.00 filing fee, (deducted from Justice deposit account) | Attorney General of Canada |
| 1990-07-16 | Notice of appeal, With service | Attorney General of Canada |
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 |
|---|---|---|
| Attorney General of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| United Native Nations of British Columbia | Intervener | Active |
Counsel
Party: Attorney General of Canada
Counsel
Douglas J.A. Rutherford, Q.C.
W.I.C. Binnie
P. Hogg
Baird
W.I.C. Binnie
P. Hogg
Baird
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4888
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4888
Party: Attorney General of British Columbia
Counsel
Bob Edwards
P.J. O'Rourke
P.J. O'Rourke
Attorney General of British Columbia
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Saskatchewan
Counsel
Brian Barrington-Foote, Q.C.
Donald J. Dow
Donald J. Dow
Attorney General for Saskatchewan
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
Christopher D. Bredt
Tanya Lee
Tanya Lee
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Manitoba
Counsel
Vic E. Toews
Attorney General of Manitoba
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-2852
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-2852
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Alberta
Counsel
Stanley H. Rutwind
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
FAX: (780) 425-0307
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
FAX: (780) 425-0307
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: United Native Nations of British Columbia
Counsel
Marvin R.V. Storrow, Q.C.
Blake, Cassels & Graydon LLP
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
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
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
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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.
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Lower court rulings
June 15, 1990
Court of Appeal for British Columbia (Vancouver)
Not available
Court of Appeal for British Columbia (Vancouver)
Not available
Questions referred to the Court by the Lieutenant Governor in Council answered
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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Date modified: 2025-05-13