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23603

Wayne Clarence Badger, et al. v. Her Majesty the Queen, et al.

(Alberta) (Criminal) (By Leave)

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)
1996-09-27 Appeal closed
1996-06-12 Record returned to the Registrar of the Court of Appeal, (1 box & 1 accordian folder)
1996-06-06 Copy of formal judgment being prepared, Scott & Aylen (REVISED)
1996-06-06 Copy of formal judgment being prepared, Nelligan, Power (REVISED)
1996-06-06 Copy of formal judgment being prepared, Lang, Michener (REVISED)
1996-06-06 Copy of formal judgment being prepared, Gowling (REVISED)
1996-06-06 Copy of formal judgment being prepared, C/A of Alberta (Edmonton, AB) (REVISED)
1996-05-29 Copy of formal judgment being prepared, Nelligan, Power
1996-05-29 Copy of formal judgment being prepared, Scott & Aylen
1996-05-29 Copy of formal judgment being prepared, Nahwegahbow, Hawken (Ottawa, ON)
1996-05-29 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson
1996-05-29 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1996-05-29 Copy of formal judgment being prepared, Lang, Michener
1996-05-28 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton)
1996-04-04 Notice of deposit of judgment sent to all parties, Nelligan, Power
1996-04-04 Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON)
1996-04-04 Notice of deposit of judgment sent to all parties, Nahwegahbow, Hawken (Ottawa, ON)
1996-04-04 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-04-04 Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON)
1996-04-04 Notice of deposit of judgment sent to all parties, Lang, Michener
1996-04-03 Judgment on the appeal rendered, CJ LaF L'HD So G Co Ia, The appeals of Mr. Badger and Mr. Kiyawasew are dismissed. The appeal of Mr. Ominayak is allowed and a new trial directed so that the issue of the justification of the infringement created by s. 26(1) of the Wildlife Act and any regulations passed pursuant to that section may be addressed. (For answer to constitutional question, see file)
Dismissed, no order as to costs
1995-08-09 Correspondence (sent by the Court) to, from Robert J. Normey; re: do not intend to file a response to the appellant's reply to oral submissions sent to CJ LaF L'HD So G Co I, Aug 10, 1995
1995-05-16 General proceeding, transcripts received and distributed to the judges (237 pages)
1995-05-11 Reply factum on appeal, 24 copies (permission given by the Court during the hearing of the appeal) sent to CJ LaF L'HD So G Co I, May 11/95, with service Wayne Clarence Badger
1995-05-02 General proceeding, to note 10 copies of NOTES OF THE INTERVENER... given in Court Attorney General of Canada
1995-05-02 General proceeding, to note 10 copies of ANNEX to the authorities.... of A.G. Canada (given in Court) Attorney General of Canada
1995-05-01 Proof of service, of book of authorities
1995-05-01 Hearing of the appeal, 1995-05-01, CJ LaF L'HD So G Co Ia
Decision reserved
1995-05-01 Supplemental document, 24 copies of BOOK OF REFERENCES Assembly of Manitoba Chiefs
1995-05-01 Book of authorities, 10 copies Treaty 7 Tribal Council
1995-04-28 Correspondence (sent by the Court) to, (by fax) from Gowling; re: A.G. Alta., A.G. Man. and A.G. Sask. do not oppose the filing of a reply factum by the appellant
1995-04-28 Correspondence (sent by the Court) to, of Leonard Mandamin (Mandamin and Associates) being a time schedule for the hearing of the appeal
1995-04-28 Correspondence (sent by the Court) to, from Leonard (Tony) Mandamin; re: the respondent takes no position on the application to file a reply factum
1995-04-28 Reply factum on appeal, 24 copies, with service Wayne Clarence Badger
1995-04-28 Decision on the motion to file a reply factum on appeal, Ma
Granted, no order as to costs
1995-04-28 Hearing of motion to file a reply factum on appeal, 1995-04-28, Ma
1995-04-28 Submission of motion to file a reply factum on appeal, 1995-04-28, Ma
1995-04-28 Correspondence (sent by the Court) to, of Leonard Mandamin to advise the Court that he will apply for an order varying the times for the interveners
1995-04-27 Correspondence (sent by the Court) to, (by fax) of Peter K. Doody re: appearance at the hearing of the appeal (original received on April 28, 1995)
1995-04-27 Response to motion to extend time, to file the intervener A.G. Sask. factum to April 12/95 Wayne Clarence Badger
1995-04-27 Response to motion to extend time, to file the intervener A.G of Manitoba factum to April 24/95 Wayne Clarence Badger
1995-04-27 Book of authorities, 11 copies, with service Assembly of First Nation
1995-04-27 Order on motion to extend time, to file the factum
1995-04-27 Affidavit, Leonard (Tony) Mandamin, with service Wayne Clarence Badger
1995-04-27 Motion to file a reply factum on appeal, 3 copies, with service Wayne Clarence Badger
1995-04-27 Decision on motion to extend time, to file the factum to April 24/95, Reg
Granted, no order as to costs
1995-04-27 Hearing of motion to extend time, 1995-04-27, to file the factum to April 24/95, Reg
1995-04-27 Submission of motion to extend time, 1995-04-27, to file the factum to April 24/95, Reg
1995-04-27 Order on motion to extend time, to file the factum to April 12/95
1995-04-27 Decision on motion to extend time, to file the factum to April 12/95, Reg
Granted, no order as to costs
1995-04-27 Hearing of motion to extend time, 1995-04-27, to file the factum to April 12/95, Reg
1995-04-27 Submission of motion to extend time, 1995-04-27, to file the factum to April 12/95, Reg
1995-04-26 Book of authorities, 9 copies (1 copy missing) Lesser Slave Lake Indian Regional Council
1995-04-26 Intervener's factum, 25 copies of AMENDED FACTUM, with service Treaty 7 Tribal Council
1995-04-26 Correspondence (sent by the Court) to, from I. G. Whitehall to M. Larmour re: duration of argument
1995-04-26 Response to motion to extend time, to file the intervener A.G. Sask. factum to April 12/95 Her Majesty the Queen
1995-04-26 Affidavit, to file the intervener's factum to April 12/95 (of P. Mitch McAdam) Attorney General of Saskatchewan
1995-04-26 Motion to extend time, to file the intervener's factum to April 12/95 Attorney General of Saskatchewan
1995-04-26 $50.00 filing fee for notice of motion, receipt #22433 Attorney General of Saskatchewan
1995-04-25 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument (fax copy)
1995-04-25 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument (fax copy)
1995-04-25 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument (fax copy) - original received on April 27, 1995 -
1995-04-24 Book of authorities, 11 copies, with service Attorney General of Manitoba
1995-04-24 Intervener's factum, 24 copies, with service Attorney General of Manitoba
1995-04-24 Response to motion to extend time, to file the A.G. of Manitoba factum to April 24/95 Her Majesty the Queen
1995-04-24 Affidavit, to file the intervener factum to April 24/95 (of Kenneth J. Tyler) Attorney General of Manitoba
1995-04-24 Motion to extend time, to file the intervener factum to April 24/95 Attorney General of Manitoba
1995-04-24 $50.00 filing fee for notice of motion, receipt 22422 Attorney General of Manitoba
1995-04-21 Correspondence (sent by the Court) to, of P. Mitch McAdam dated April 19/95 along with a judgment of the Sask. C/A in "Sanderson et al v. Master of Titles" sent to CJ LaF L'HD So G Co I, April 24/95
1995-04-20 Book of authorities, 10 copies of vol. 1 and 2, with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-04-20 Book of authorities, 10 copies Attorney General of Canada
1995-04-20 Proof of service, of reply factum of the Respondent to Factum of Interveners (AG Alberta)
1995-04-20 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-04-19 Decision on motion to extend time, to file the factum to March 24/95, DeRg
Granted, no order as to costs
1995-04-19 Hearing of motion to extend time, 1995-04-19, to file the factum to March 24/95, DeRg
1995-04-19 Submission of motion to extend time, 1995-04-19, to file the factum to March 24/95, DeRg
1995-04-18 Notice of withdrawal, (1 copy), with service Attorney General of New Brunswick
1995-04-18 Response to motion to extend time, to file the intervener's factum (Att. Gen. Can.) - letter form (from Lang, Michener - fax copy) Wayne Clarence Badger
1995-04-13 Book of authorities, 10 copies Assembly of Manitoba Chiefs
1995-04-12 Intervener's factum, 24 copies (extension of time requested), with service Attorney General of Saskatchewan
1995-04-12 Reply factum on appeal, 24 copies (see motion granted by McL on 95/03/21), with service Her Majesty the Queen
1995-04-12 Proof of service, of the factum of the Intervener, Treaty Seven Tribal and Book of Authorities by Nelligan, Power
1995-04-11 General proceeding, 1 copy of "The Spirit of the Alberta Indian Treaties" TO BE RETURNED TO MR. MANDAMIN - returned April 13/95 by mail Wayne Clarence Badger
1995-04-11 Response to motion to extend time, to file the Attorney General of Canada factum (letterform) Her Majesty the Queen
1995-04-11 Affidavit, to file the intervener factum to March 24/95 (of S. Ronald Stevenson) Attorney General of Canada
1995-04-11 Motion to extend time, to file the intervener factum to March 24/95 Attorney General of Canada
1995-04-11 $50.00 filing fee for notice of motion, to extend time to file the intervener factum (taken from Justice account) Attorney General of Canada
1995-04-11 Decision on motion to strike out, Ia, parts of intervenor Treaty 7 Tribal Council's factum. The affidavit of Wilton Goodstriker, as well as the whole or portions of paragraphs 7, 8, 12, 18, 26, 30, 31, 32 and 34 of the factum of the intervener Treaty 7 Tribal Council that refer to the affidavit are stricken. This order is made without prejudice to the intervener Treaty 7 Tribal Council to apply for leave of the Court on the hearing of the appeal to file the said affidavit
Granted, no order as to costs
1995-04-11 Hearing of motion to strike out, 1995-04-11, Ia
1995-04-11 Submission of motion to strike out, 1995-04-11, Ia
1995-04-11 Hearing of motion to strike out, 1995-04-11, parts of Intervenor Treaty 7 Tribal Council's factum
Decision reserved
1995-04-11 Submission of motion to strike out, 1995-04-11, parts of Intervenor Treaty 7 Tribal Council's factum
Decision reserved
1995-04-10 General proceeding, to note OUTLINE OF ORAL ARGUMENT on motion to strike out the affidavit of Goodstriker (2 copies bookform) Treaty 7 Tribal Council
1995-04-10 Correspondence (sent by the Court) to, from Leonard Mandamin, counsel for the appellants re: opposes to the Respondent's motion to strike out the Affidavit of Treaty 7 (fax copy)
1995-04-10 Correspondence (sent by the Court) to, from L. Mandamin re: letter dated March 6, 1995 - duration of argument (fax copy)
1995-04-07 Proof of service, of the factum and book of authorities on the Intervener Assembly of Manitoba Chiefs
1995-04-07 Intervener's factum, 24 copies (replace the factum filed on Feb. 22/95) Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-04-07 Intervener's factum, 24 copies, with service Assembly of Manitoba Chiefs
1995-04-06 Notice of withdrawal, (1 copy), with service Attorney General for Ontario
1995-04-05 Response to motion to extend time, to file the Attorney General of Canada factum (letterform) Wayne Clarence Badger
1995-04-05 Proof of service, of the appellants' factum and book of authorities on the intervener Assembly of Manitoba Chiefs
1995-04-05 Motion to strike out, the affidavit of Wilton Goodstriker from the factum of Treaty 7 Trical Council (2 copies - book form), with service Her Majesty the Queen
1995-04-04 Proof of service, of the factum and Book of Authorities of the Intervener, Condeferacy of Treaty Six First Nations
1995-03-30 Decision on motion to extend time, for leave to intervene, McL
Granted, no order as to costs
1995-03-30 Hearing of motion to extend time, 1995-03-30, for leave to intervene, McL
1995-03-30 Submission of motion to extend time, 1995-03-30, for leave to intervene, McL
1995-03-30 Decision on the motion for leave to intervene, The factum be limited to 20 pages and filed no later than April 7, 1995 and that oral argument be limited to 15 minutes. The Respondent is authorized to file a reply factum no later than April 24/95, McL
Granted, no order as to costs
1995-03-30 Hearing of motion for leave to intervene, 1995-03-30, The factum be limited to 20 pages and filed no later than April 7, 1995 and that oral argument be limited to 15 minutes. The Respondent is authorized to file a reply factum no later than April 24/95, McL
1995-03-30 Submission of motion for leave to intervene, 1995-03-30, The factum be limited to 20 pages and filed no later than April 7, 1995 and that oral argument be limited to 15 minutes. The Respondent is authorized to file a reply factum no later than April 24/95, McL
1995-03-29 Correspondence (sent by the Court) to, from Henry Brown, Ottawa Agents for the Att. Gen. of Alberta re: in opposition to the intervention by the Assembly of Manitoba Chiefs
1995-03-28 Affidavit, (of Larry Philip Fontaine), with service Assembly of Manitoba Chiefs
1995-03-28 Motion for leave to intervene, With service Assembly of Manitoba Chiefs
1995-03-28 Appeal hearing scheduled, 1995-05-01
Decision reserved
1995-03-28 Response to motion to extend time, to file the application for leave to intervene of the Assembly of Manitoba Chiefs Wayne Clarence Badger
1995-03-28 Affidavit, to file the application for leave to intervene (of Larry Philip Fontaine), with service Assembly of Manitoba Chiefs
1995-03-28 Motion to extend time, to file the application for leave to intervene, with service Assembly of Manitoba Chiefs
1995-03-28 Response to the motion for leave to intervene, of the Assembly of Manitoba Chiefs Wayne Clarence Badger
1995-03-27 Proof of service, of the appellant's factum and the book of authorities, the factum of the interveners - Confederacy, Treaty Seven Tribal, Lesser Slave Lake (letter form)
1995-03-24 Intervener's factum, 24 copies (extension of time necessary), with service Attorney General of Canada
1995-03-21 Intervener's factum, 26 copies, with service Assembly of First Nation
1995-03-21 Decision on motion to extend time, for leave to intervene, McL
Granted, no order as to costs
1995-03-21 Hearing of motion to extend time, 1995-03-21, for leave to intervene, McL
1995-03-21 Submission of motion to extend time, 1995-03-21, for leave to intervene, McL
1995-03-21 Decision on the motion for leave to intervene, the factum be limited to 20 pages and filed no later than March 23/95 and that oral argument be limited to 15 minutes. The respondent is authorized to file a reply factum no later than April 17/95, McL
Granted, no order as to costs
1995-03-21 Hearing of motion for leave to intervene, 1995-03-21, the factum be limited to 20 pages and filed no later than March 23/95 and that oral argument be limited to 15 minutes. The respondent is authorized to file a reply factum no later than April 17/95, McL
1995-03-21 Submission of motion for leave to intervene, 1995-03-21, the factum be limited to 20 pages and filed no later than March 23/95 and that oral argument be limited to 15 minutes. The respondent is authorized to file a reply factum no later than April 17/95, McL
1995-03-20 Book of authorities, 11 copies, with service Confederacy of Treaty Six First Nations
1995-03-20 Intervener's factum, 24 copies, with service Confederacy of Treaty Six First Nations
1995-03-20 Book of authorities, 10 copies, with service Treaty 7 Tribal Council
1995-03-20 Intervener's factum, 24 copies (SEE AMENDED FACTUM FILED ON April 26/95, with service Treaty 7 Tribal Council
1995-03-15 Proof of service, of the factum of the intervenor, Fed. of Sask. Indian Nations
1995-03-15 Correspondence (sent by the Court) to, of Henry S. Brown, Q.C. (Gowling Strathy & Henderson) OPPOSING the intervention of the Assembly of First Nations
1995-03-14 Response to the motion for leave to intervene, of Assembly of First Nations (letterform) (Original filed March 17/95) Wayne Clarence Badger
1995-03-14 Response to motion to extend time, for leave to intervene of Assembly of First Nations (letterform) Wayne Clarence Badger
1995-03-13 Proof of service, of the book of authorities (and the appellant's factum to all interveners)
1995-03-13 Affidavit, (of Ovide Mercredi) 2 copies (bookform), with service Assembly of First Nation
1995-03-13 Affidavit, for leave to intervene (of Ovide Mercredi), with service Assembly of First Nation
1995-03-13 Motion for leave to intervene, 2 copies (bookform), with service Assembly of First Nation
1995-03-13 Motion to extend time, for leave to intervene 2 copies (bookform), with service Assembly of First Nation
1995-03-13 Order on motion to extend time, to intervene
1995-03-08 Proof of service, of factum and authorities upon the interveners the Confederacy of Treaty Six First Nations and Treaty Seven Tribal Council, with service
1995-03-02 Order on motion to extend time, to intervene
1995-03-02 Order on motion for leave to intervene
1995-03-01 Decision on motion to extend time, to file the factum to March 3/95, Reg
Granted, no order as to costs
1995-03-01 Hearing of motion to extend time, 1995-03-01, to file the factum to March 3/95, Reg
1995-03-01 Submission of motion to extend time, 1995-03-01, to file the factum to March 3/95, Reg
1995-03-01 Decision on motion to extend time, to intervene, L'HD
Granted, no order as to costs
1995-03-01 Hearing of motion to extend time, 1995-03-01, to intervene, L'HD
1995-03-01 Submission of motion to extend time, 1995-03-01, to intervene, L'HD
1995-03-01 Decision on the motion for leave to intervene, the factum to be limited to 20 pages and filed no later than March 20/95. The oral argument is to be limited to 15 minutes. The respondent is authorized to file a reply factum no later than April 17/95, L'HD
Granted, no order as to costs
1995-03-01 Hearing of motion for leave to intervene, 1995-03-01, the factum to be limited to 20 pages and filed no later than March 20/95. The oral argument is to be limited to 15 minutes. The respondent is authorized to file a reply factum no later than April 17/95, L'HD
1995-03-01 Submission of motion for leave to intervene, 1995-03-01, the factum to be limited to 20 pages and filed no later than March 20/95. The oral argument is to be limited to 15 minutes. The respondent is authorized to file a reply factum no later than April 17/95, L'HD
1995-02-28 Correspondence (sent by the Court) to, (by fax) of Mr. Donald S. Dean (Molstad Gilbert) agreeing to the conditions that the Confederacy factum be filed not later than March 20/95 and that the respondent has the right to file a reply factum no later than April 17/95
1995-02-28 Response to motion to extend time, to file the factum of the Federation of Saskatchewan Indian Nations (letterform) Wayne Clarence Badger
1995-02-24 Response to motion to extend time, to file the factum of the Federation of Saskatchew an Indian Nations to March 3/95 (letteform) Her Majesty the Queen
1995-02-22 Intervener's factum, 25 copies (replaced by an amended factum filed on April 7/95), with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-02-21 Response to the motion for leave to intervene, of the Confederacy of Treaty Six First Nations (Leonard Tony Mandamin, counsel of the appellants) (fax copy) Wayne Clarence Badger
1995-02-21 Proof of service, of book of authorities upon intervenors FSIN & Treaty #4
1995-02-17 Proof of service, of factum and book of authorities
1995-02-16 Correspondence (sent by the Court) to, from Henry S. Brown, Q.C.; re: does not oppose the intervention by the Confederacy of the Treaty Six First Nations; asks that factum be filed by March 20/95; request the right to file a reply factum
1995-02-16 Affidavit, of Donald E. Worme re: motion to extend the time to file the intervener's factum to March 3/95 (included in the motion book) - 2 copies, with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-02-16 Motion to extend time, to file the intervener's factum to March 3/95 (2 copies - book form), with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-02-15 Book of authorities, 10 copies of vols. 1 and 2, with service Lesser Slave Lake Indian Regional Council
1995-02-14 Proof of service, 1 copy of book of authorities, with service
1995-02-14 Decision on the motion for leave to intervene, factum to be filed no later than Mar 20/95. Oral argument is limited to 15 minutes, So
Granted, no order as to costs
1995-02-14 Hearing of motion for leave to intervene, 1995-02-14, factum to be filed no later than Mar 20/95. Oral argument is limited to 15 minutes, So
1995-02-14 Submission of motion for leave to intervene, 1995-02-14, factum to be filed no later than Mar 20/95. Oral argument is limited to 15 minutes, So
1995-02-14 Decision on motion to extend time, for leave to intervene, factum to be filed no later than Mar 20/95. Oral argument is limited to 15 minutes, So
Granted, no order as to costs
1995-02-14 Hearing of motion to extend time, 1995-02-14, for leave to intervene, factum to be filed no later than Mar 20/95. Oral argument is limited to 15 minutes, So
1995-02-14 Submission of motion to extend time, 1995-02-14, for leave to intervene, factum to be filed no later than Mar 20/95. Oral argument is limited to 15 minutes, So
1995-02-13 Order on motion for leave to intervene
1995-02-13 Book of authorities, 10 copies Her Majesty the Queen
1995-02-13 Affidavit, 2 copies; Chief Eric J. Large, with service Confederacy of Treaty Six First Nations
1995-02-13 Affidavit, for leave to intervene; 2 copies; Chief Eric J. Large, with service Confederacy of Treaty Six First Nations
1995-02-13 Motion for leave to intervene, 2 copies, with service Confederacy of Treaty Six First Nations
1995-02-13 Motion to extend time, for leave to intervene; 2 copies, with service Confederacy of Treaty Six First Nations
1995-02-13 Intervener's factum, 24 copies, with service Lesser Slave Lake Indian Regional Council
1995-02-08 Correspondence (sent by the Court) to, (by fax) from J. Ward Mallabone; re: advise how to proceed with the intervention (appellant consents; respondent does not oppose)
1995-02-08 Response to the motion for leave to intervene, of Treaty 7 Tribal Council Wayne Clarence Badger
1995-02-08 Correspondence (sent by the Court) to, (by fax) from Robert J. Normey; re: will not oppose the intervention of Treaty 7 Tribal Council
1995-02-08 Correspondence (sent by the Court) to, from E. Meehan to D. Beaulieu - letter dated Feb. 6/95 re: requesting that this appeal be heard on any day during the last week of June, from June 19 to June 23, 1995
1995-02-07 Proof of service, of notice of motion to intervene and to extend time to do so
1995-02-07 Affidavit, Gregg C. Smith; 6 copies Treaty 7 Tribal Council
1995-02-07 Motion for leave to intervene, 6 copies Treaty 7 Tribal Council
1995-02-07 Affidavit, for leave to intervene; Gregg C. Smith; 6 copies Treaty 7 Tribal Council
1995-02-07 Motion to extend time, to leave to intervene; 6 copies Treaty 7 Tribal Council
1995-02-03 Book of authorities, 10 copies Wayne Clarence Badger
1995-02-01 Respondent's factum, 24 copies (extension of time requested) Her Majesty the Queen
1995-01-30 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, L'HD
Granted, no order as to costs
1995-01-30 Hearing of motion for leave to intervene, 1995-01-30, oral argument is limited to 15 minutes, L'HD
1995-01-30 Submission of motion for leave to intervene, 1995-01-30, oral argument is limited to 15 minutes, L'HD
1995-01-30 Decision on motion to extend time, to intervene, oral argument is limited to 15 minutes, L'HD
Granted, no order as to costs
1995-01-30 Hearing of motion to extend time, 1995-01-30, to intervene, oral argument is limited to 15 minutes, L'HD
1995-01-30 Submission of motion to extend time, 1995-01-30, to intervene, oral argument is limited to 15 minutes, L'HD
1995-01-25 Response to the motion for leave to intervene, of the Federation of Saskatchewan Indian Nations Wayne Clarence Badger
1995-01-18 Correspondence (sent by the Court) to, from Henry S. Brown; re: consents to the intervention of Federation of Saskatchewan Indian Nations
1995-01-11 Service, copy of the motion for leave to intervene (bookform)
1995-01-06 Affidavit, of Blaine C. Favel (re: motion to extend the time to intervene - 2 copies - book form), with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-01-06 Motion to extend time, to file the motion to intervene to Jan. 6/95 (2 copies - book form), with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1995-01-06 Motion for leave to intervene, 2 copies (book form - joint with motion to extend the time), with service Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories
1994-12-16 Appeal perfected for hearing, Session beginning on 1995-04-24
1994-11-01 Order on motion to extend time, to file case on appeal
1994-10-27 Decision on motion to extend time, to file Case on appeal and factum to Oct 21/94, Reg
Granted, no order as to costs
1994-10-27 Hearing of motion to extend time, 1994-10-27, to file Case on appeal and factum to Oct 21/94, Reg
1994-10-27 Submission of motion to extend time, 1994-10-27, to file Case on appeal and factum to Oct 21/94, Reg
1994-10-21 Correspondence (sent by the Court) to, of Henry S. Brown (Gowling Strathy & Henderson) to advise the Court that he is taking no position on the motion to extend time to file the Case on Appeal and the factum
1994-10-21 Affidavit, to file the Case on Appeal and the Appellant's factum to Oct. 21/94 (of Leonard (Tony) Mandamin), with service Wayne Clarence Badger
1994-10-21 Motion to extend time, to file the Case on Appeal and the Appellant's factum to Oct. 21/94, with service Wayne Clarence Badger
1994-10-21 Appellant's factum, 24 copies filed on behalf Wayne Clarence badger (A01) Francis Ominayak (A02) and, with service Leroy Steven Kiyawasew
1994-10-21 Case on appeal, 23 copies of vol. I (BADGER) vol. II (KIYAWASEW) and vol. III (OMINAYAK), with service Wayne Clarence Badger
1994-10-04 Trial court record, 1 box (joint with C.A.)
1994-10-04 Appeal court record, 1 box (joint with trial)
1994-10-04 Certified casebook, 1 copy Leroy Steven Kiyawasew
1994-10-04 Certified casebook, 1 copy Ernest Francis Ominayak
1994-10-04 Certified casebook, 1 copy Wayne Clarence Badger
1994-09-12 Decision on miscellaneous motion, McL, re: motion for a re-hearing respecting the terms and conditions to McL J. order dated July 19/94 The intervention is allowed unconditionally. Having perused the judgments below, I am satisfied that the matters raised in the disputed paragraphs are intimately related to the issued canvassed in the courts below; while the arguments may be cast in new form, the subject matter is the same. The respondents may apply to file further materials in response to the intervenor's factum or for other directions, should the need arise. The costs of the motion are in the cause.
Granted, no order as to costs
1994-09-12 Hearing of miscellaneous motion, 1994-09-12, McL
1994-09-12 Submission of miscellaneous motion, 1994-09-12, McL
1994-09-09 Hearing of miscellaneous motion, 1994-09-09, re: motion for a re-hearing respecting the terms and conditions to McL J. order dated July 19/94 re: intervention
Decision reserved
1994-09-09 Submission of miscellaneous motion, 1994-09-09, re: motion for a re-hearing respecting the terms and conditions to McL J. order dated July 19/94 re: intervention
Decision reserved
1994-09-08 General proceeding, to note 2 copies of the Respondent's Responding affidavit and memorandum (bookform) on motion for rehearing leave to intervene of Lesser Slave Lake Indian Regional Council, with service Her Majesty the Queen
1994-09-06 General proceeding, to note 2 copies of the ORIGINAL MOTION BOOK filed on July 13/94, with service Lesser Slave Lake Indian Regional Council
1994-08-31 Affidavit, of Margaret Unsworth re: rehearing of the intervention of Lesser Slave Lake Indian Regional Council Her Majesty the Queen
1994-08-31 Correspondence (sent by the Court) to, from Henry Brown to M. Larmour re: enclosing an affidavit of Margaret Unsworth taking no position on the application for a rehearing re: intervention of Lesser Slave Lake, but CONDITIONAL upon this intervener not being permitted to advance arguments in s
1994-08-11 Correspondence (sent by the Court) to, from I. Whitehall to M. Larmour re: Mr. Whitehall has been appointed counsel for the intervenor, Attorney General of Canada
1994-08-08 Affidavit, of Leonard Tony Mandamin (RE: motion for a re-hearing respecting the terms and conditions to Madame Justice McLachlin's order dated July 19/94) 2 copies, with service Lesser Slave Lake Indian Regional Council
1994-08-08 Notice of miscellaneous motion, (motion for a re-hearing respecting the terms and conditions to Madame Justice McLachlin's order dated July 19/94 RE: INTERVENTION) - 2 copies, with service Lesser Slave Lake Indian Regional Council
1994-08-02 Correspondence (sent by the Court) to, from Priscilla Kennedy re: we are preparing a motion for reconsideration of McLachlin J. order
1994-07-22 Correspondence (sent by the Court) to, (by fax) from Parlee, McLaws; re: concerns with respect to the conditional consent of the crown; entitle to a hearing
1994-07-19 Decision on motion to extend time, for leave to intervene, McL
Granted, no order as to costs
1994-07-19 Hearing of motion to extend time, 1994-07-19, for leave to intervene, McL
1994-07-19 Submission of motion to extend time, 1994-07-19, for leave to intervene, McL
1994-07-19 Decision on the motion for leave to intervene, subject to conditions set out in the A.G. - Alberta's conditional consent, McL
Granted, no order as to costs
1994-07-19 Hearing of motion for leave to intervene, 1994-07-19, subject to conditions set out in the A.G. - Alberta's conditional consent, McL
1994-07-19 Submission of motion for leave to intervene, 1994-07-19, subject to conditions set out in the A.G. - Alberta's conditional consent, McL
1994-07-18 Response to the motion for leave to intervene, of the Lesser Slave Lake Indian Regional Council (letterform) subject to the condition that the intervener should not be permitted to advance 18 (e), (f) and (g) of Chief Badger's affidavit Her Majesty the Queen
1994-07-18 Response to motion to extend time, for leave to intervene of the Lesser Slave Lake Indian Regional Council (letterform) Her Majesty the Queen
1994-07-13 Response to the motion for leave to intervene, of the Lesser Slave Lake Indian Regional Council (letterform) Wayne Clarence Badger
1994-07-13 Motion for leave to intervene, With service Lesser Slave Lake Indian Regional Council
1994-07-13 Affidavit, (of Chief Jim Badger), with service Lesser Slave Lake Indian Regional Council
1994-07-13 Affidavit, for leave to intervene (of Chief Jim Badger), with service Lesser Slave Lake Indian Regional Council
1994-07-13 Motion to extend time, for leave to intervene, with service Lesser Slave Lake Indian Regional Council
1994-07-07 Notice of withdrawal, With service Attorney General of British Columbia
1994-06-06 Proof of service, of Notice of Intention to intervene
1994-05-30 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1994-05-30 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1994-05-30 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1994-05-30 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1994-05-26 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1994-05-20 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1994-05-03 Notice of constitutional question(s), With service Wayne Clarence Badger
1994-05-02 Order on motion to state a constitutional question
1994-04-14 Decision on the motion to state a constitutional question, CJ, it ordered that the Constitutional Questions in both languages together with this order and the judgment of the Court of Appeal for Alberta be served on the Attorneys General of the provinces, the Attorney General of Canada and the Governments of the Yukon and Northwest Territories: (for questions, see red book or file) Notices of intention to intervene to be filed by May 30/94
Granted, no order as to costs
1994-04-14 Hearing of the motion to state a constitutional question, 1994-04-14, CJ
1994-04-14 Submission of motion to state a constitutional question, 1994-04-14, CJ
1994-04-13 General proceeding, to note 2 copies of "Summary of Argument...for a constitutional question... Wayne Clarence Badger
1994-03-29 Correspondence (sent by the Court) to, from Henry Brown re: a constitutional question (re: Wildlife Act) should be stated - fax copy
1994-03-25 Motion to state a constitutional question, 2 copies (bookform), with service Wayne Clarence Badger
1994-03-03 Correspondence (sent by the Court) to, from Lang, Michener; re: Acts as Ottawa agent
1994-03-03 Correspondence (sent by the Court) to, from Lang Michener; re: Acts as Ottawa agent
1993-12-15 Order granting leave to appeal
1993-12-14 Notice of appeal, With service Wayne Clarence Badger
1993-12-14 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of Rule 32
1993-12-09 Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1993-12-09 Hearing of the application for leave to appeal, 1993-12-09, CJ So McL
1993-12-09 All materials on application for leave submitted to the Judges, 1993-12-09, CJ So McL
1993-12-09 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-06-23 All materials on application for leave submitted to the Judges, CJ McL So
1993-06-10 Applicant's reply to respondent's argument, 5 copies, with service Leroy Steven Kiyawasew
1993-06-10 Applicant's reply to respondent's argument, 5 copies, with service Ernest Francis Ominayak
1993-06-10 Applicant's reply to respondent's argument, 5 copies, with service Wayne Clarence Badger
1993-06-03 Respondent's response on the application for leave to appeal, 5 copies (response to L. S. Kiyamasew) Her Majesty the Queen
1993-06-03 Respondent's response on the application for leave to appeal, 5 copies (response to F. Ominayak) Her Majesty the Queen
1993-06-03 Respondent's response on the application for leave to appeal, 5 copies (response to W. C. Badger) Her Majesty the Queen
1993-05-21 Court of Appeal casebooks and transcripts of evidence, 3 copies
1993-05-21 Court of Appeal casebooks and transcripts of evidence, 3 copies
1993-05-21 Court of Appeal casebooks and transcripts of evidence, 3 copies
1993-05-21 Book of authorities, 5 copies (joint with Badger and Kiyawsew) Wayne Clarence Badger
1993-05-21 Application for leave to appeal, 7 copies, with service, Completed on: 1993-05-21 Leroy Steven Kiyawasew
1993-05-21 Application for leave to appeal, 7 copies (for each appellant), with service, Completed on: 1993-05-21 Ernest Francis Ominayak
1993-05-21 $30.00 filing fee, RECEIPT NO. 27104 Wayne Clarence Badger
1993-05-21 Application for leave to appeal, 7 copies (TO BE SENT TO THE JUDGES WITH SAME APPLICATIONS ON THE NAMES OF W. C. BADGER AND L. S. KIYAWASEW), with service, Completed on: 1993-05-21 Wayne Clarence Badger

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

Main parties - Appellants
Name Role Status
Badger, Wayne Clarence Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Ominayak, Ernest Francis Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Kiyawasew, Leroy Steven Applicant Active

v.

Sub parties (2) - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Manitoba Intervener Active
Lesser Slave Lake Indian Regional Council Intervener Active
Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories Intervener Active
Treaty 7 Tribal Council Intervener Active
Confederacy of Treaty Six First Nations Intervener Active
Assembly of First Nation Intervener Active
Assembly of Manitoba Chiefs Intervener Active

Counsel

Party: Badger, Wayne Clarence

Counsel
Name
Leonard (Tony) Mandamin
Contact information
Mandamin & Associates
1400 - 700, 2ND ST SW
BOX 300
ENOCH, Alberta
T7X 3Y3
Telephone: (403) 470-5777
FAX: (403) 470-3909
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Ominayak, Ernest Francis

Counsel
Name
Leonard (Tony) Mandamin
Contact information
Mandamin & Associates
1400 - 700, 2ND ST SW
BOX 300
ENOCH, Alberta
T7X 3Y3
Telephone: (403) 470-5777
FAX: (403) 470-3909
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Kiyawasew, Leroy Steven

Counsel
Name
Leonard (Tony) Mandamin
Contact information
Mandamin & Associates
1400 - 700, 2ND ST SW
BOX 300
ENOCH, Alberta
T7X 3Y3
Telephone: (403) 470-5777
FAX: (403) 470-3909
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Her Majesty the Queen

Counsel
Name
Robert J. Normey
Contact information
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
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

Party: Attorney General of Canada

Counsel
Name
Ivan G. Whitehall, Q.C.
Contact information
Attorney General of Canada
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713

Party: Attorney General of Saskatchewan

Counsel
Name
P. Mitch McAdam
Contact information
Attorney General for Saskatchewan
1874 Scarth St - 10th Floor
Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-7846
FAX: (306) 787-9111
Agent
Name
Henry S. Brown, Q.C.
Contact information
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

Party: Attorney General of Manitoba

Counsel
Name
Kenneth J. Tyler
Contact information
Attorney General of Manitoba
405 BROADWAY AVE
7TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
Name
Henry S. Brown, Q.C.
Contact information
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

Party: Lesser Slave Lake Indian Regional Council

Counsel
Name
Priscilla E.S. Kennedy
Contact information
Parlee McLaws
1500 - 10180, 101 Street
Edmonton, Alberta
T5J 4K1
Telephone: (780) 423-8593
FAX: (780) 423-2870
Email: pkennedy@parlee.com
Agent
Name
Karen M. Cuddy
Contact information
Lang, Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Federation of Saskatchewan Indian Nations representing the Chiefs of the Saskatchewan Treaty Territories

Counsel
Name
Donald E. Worme
Contact information
Wardell, Worme, Piché & Missens
300 - 203 PACKHAM AVE
SASKATOON, Saskatchewan
S7N 4K5
Telephone: (306) 956-3393
FAX: (306) 956-3012
Agent
Name
Patrick M. Nadjiwan
Contact information
Nahwegahbow, Nadjiwan
408 Queen Street
Ottawa, Ontario
K1R 5A7
Telephone: (613) 233-8686
FAX: (613) 233-3116

Party: Treaty 7 Tribal Council

Counsel
Name
Gerard M. Meagher, Q.C.
Contact information
Walsh, Wilkins
2800 - 801, 6TH AVE SW
CALGARY, Alberta
T2P 4A3
Telephone: (403) 267-8400
FAX: (403) 264-9400
Agent
Name
Norman Fera
Contact information
Lang, Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Confederacy of Treaty Six First Nations

Counsel
Name
Edward H. Molstad, Q.C.
Contact information
Molstad Gilbert
700 - 10104, 103RD AVE
EDMONTON, Alberta
T5J 0H8
Telephone: (403) 426-4535
FAX: (403) 424-4235
Agent
Name
Karen M. Cuddy
Contact information
Lang, Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Assembly of First Nation

Counsel
Name
Peter K. Doody
Contact information
Scott & Aylen
1000 - 60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Assembly of Manitoba Chiefs

Counsel
Name
Jack R. London, Q.C.
Contact information
Buchwald Asper Gallagher Henteleff
2500 - 360 MAIN ST
WINNIPEG, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

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

February 7, 1992
Court of Queen’s Bench of Alberta

9109-0026 S5

appeal dismissed

March 24, 1993
Court of Appeal of Alberta (Edmonton)

9203-0131-A

appeals dismissed

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

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

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

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Webcasts

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Date modified: 2025-05-13