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27762

Norman Sterriah, on behalf of all members of the Ross River Dena Council Band, et al. v. Her Majesty the Queen in Right of Canada, et al.

(Yukon Territory) (Civil) (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)
2003-01-07 Record returned to the Registrar of the Court of Appeal
2002-07-31 Appeal closed
2002-07-31 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-07-24 Payment out cheque issued, (cheque #275202862570 in the amount of $533.30 issued to Gowling Lafleur)
2002-07-11 Approved order for payment out, (Sent to Finance on July 11, 2002)
2002-07-04 Copy of formal judgment being prepared
2002-06-21 Notice of deposit of judgment sent to all parties
2002-06-20 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB
Dismissed, without costs
2001-12-21 Transcript received, 94 pages
2001-12-11 Judgment reserved OR rendered with reasons to follow
2001-12-11 Hearing of the appeal, 2001-12-11, (V112), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-12-11 Acknowledgement and consent for video taping of proceedings
2001-12-11 Appellant's condensed book, distrubuted in Court Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-12-10 Correspondence received from, Richard Fyfe dated Dec. 10/01 Attorney General of British Columbia
2001-12-10 Respondent's condensed book Her Majesty the Queen in Right of Canada
2001-12-06 Notice of appearance, of Penelope Gawn and Lesley McCullough at the hearing of the appeal The Government of Yukon
2001-12-03 Notice of appearance, of Mr. Evernden and Mr. Hutchinson at the hearing of the appeal Her Majesty the Queen in Right of Canada
2001-11-30 Notice of appearance, of Mr. Fyfe and Mr. Yearwood at the hearing of the appeal Attorney General of British Columbia
2001-11-14 Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO A.G. - B.C. and B.C. FIRST NATIONS BY LEBEL J.)
2001-10-25 Order on motion to extend time
2001-10-25 Decision on motion to extend time, Reg, to serve and file the factum of the intervener Coalition of B.C. First Nations to Sept. 14, 2001, nunc pro tunc. and its book of authorities to Sept. 19, 2001, nunc pro tunc.
Granted, no order as to costs
2001-10-25 Submission of motion to extend time, Reg
2001-10-12 Response to motion to extend time, from Gowlings, Completed on: 2001-10-12 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-10-12 Motion to extend time, to file the factum to Sept. 14, 2001 and authorities to Sept. 19, 2001 - 1 copy, Completed on: 2001-10-12 B.C. First Nations (the "Coalition")
2001-09-19 Book of authorities, Completed on: 2001-09-19 B.C. First Nations (the "Coalition")
2001-09-14 Intervener's factum, (order sought to be corrected), Completed on: 2001-09-14 B.C. First Nations (the "Coalition")
2001-09-13 Notice of hearing Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-09-07 Book of authorities, Completed on: 2001-09-07 Attorney General of British Columbia
2001-09-07 Intervener's factum, Completed on: 2001-09-07 Attorney General of British Columbia
2001-09-05 Appeal hearing scheduled, 2001-12-11
Judgment reserved
2001-08-13 Respondent's book of authorities, Completed on: 2001-08-13 The Government of Yukon
2001-08-13 Respondent's factum, (see decision dated June 4/01), Completed on: 2001-08-13 The Government of Yukon
2001-07-11 Respondent's record, Completed on: 2001-07-13 Her Majesty the Queen in Right of Canada
2001-07-11 Respondent's book of authorities, Completed on: 2001-07-11 Her Majesty the Queen in Right of Canada
2001-07-11 Respondent's factum, (see order), Completed on: 2001-07-11 Her Majesty the Queen in Right of Canada
2001-06-13 Appeal perfected for hearing, Session beginning on 2001-10-01
2001-06-04 Order on motion to extend time
2001-06-04 Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the respondent Government of Yukon to August 13, 2001.
Granted, no order as to costs
2001-06-04 Submission of motion to extend time, Reg
2001-06-01 Reply to motion to extend time, (Letter Form), from J.W. Beedell dated June 1/01, Completed on: 2001-06-01 The Government of Yukon
2001-05-28 Response to motion to extend time, (Letter Form), from R. Gambhir dated May 28, 2001, Completed on: 2001-05-28 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-05-25 Response to motion to extend time, (Letter Form), from B. Evernden dated May 25, 2001 (fax copy), Completed on: 2001-05-25 Her Majesty the Queen in Right of Canada
2001-05-24 Motion to extend time, to file the factum and authorities to Aug. 13, 2001 (book form), Completed on: 2001-05-24 The Government of Yukon
2001-05-16 Order on motion to extend time
2001-05-14 Decision on motion to extend time, Reg, to serve and file the factum, record and book of authorities of the appellants to April 20, 2001 and the factum, record and book of authorities of the respondent Attorney General of Canada to July 13, 2001.
Granted, no order as to costs
2001-05-14 Submission of motion to extend time, Reg
2001-05-03 Motion to extend time, to serve and file the Appellants' Factum, Authorities and Records to Apr. 20/01 and the Respondent, Attorney General of Canada's Factum, Authorities and Record to July 13/01 (2 copies), Completed on: 2001-05-09 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-04-20 Appellant's book of authorities, (extension of time requested), Completed on: 2001-04-20 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-04-18 Appellant's factum, (extension of time requested), Completed on: 2001-04-18 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-04-11 Appellant's record, Vol. I to III (extension of time requested), Completed on: 2001-04-11 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-03-09 Correspondence received from, B.A. Crane, Q.C. dated March 9/01 re: expects to file appellants' record within two weeks and factum in early April Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2001-01-11 Appeal court record, (2 boxes) (joint with exhibits)
2001-01-10 Trial court record, (1 box)
2000-12-18 Order on motion for leave to intervene, (BY THE COURT)
2000-12-18 Decision on the motion for leave to intervene, LeB, by ADRIAN STIMSON, CHIEF OF THE SIKSIKA NATION, ON BEHALF OF HIMSELF AND ALL OTHER MEMBERS OF THE SIKSIKA NATION.
Dismissed, no order as to costs
2000-12-18 Decision on the motion for leave to intervene, LeB, by ATTORNEY GENERAL OF BRITISH COLUMBIA. The factum is limited to 20 pages. 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 (15 MINUTES ORAL ARGUMENT GRANTED NOV. 14, 2001). The interveners shall not be entilted to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
2000-12-18 Decision on the motion for leave to intervene, LeB, by B.C. FIRST NATIONS. The factum is limited to 20 pages. 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 (15 MINUTES ORAL ARGUMENT GRANTED NOV. 14, 2001). The interveners shall not be entilted to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions.
Granted, no order as to costs
2000-12-18 Submission of motion for leave to intervene, by B.C. First Nations, Adrian Stimson & A.G. - B.C., LeB
2000-11-14 Response to the motion for leave to intervene, (Letter Form), from B.A. Crane, Q.C. dated Nov. 13/00 re: supports motions filed by Siksika Nation and Coalition of B.C. First Nations, Completed on: 2000-11-14 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-11-14 Response to the motion for leave to intervene, (Letter Form), from B.R. Evernden dated Nov. 13/00 (by fax) re: to Adrian Stimson, Chief of Siksika Nation's intervention, Completed on: 2000-11-14 Her Majesty the Queen in Right of Canada
2000-11-07 Response to the motion for leave to intervene, (Letter Form), from B.A. Crane, Q.C. dated Nov. 6/00 re: to A.B. of B.C.'s intervention, Completed on: 2000-11-07 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-11-07 Response to the motion for leave to intervene, (Letter Form), from B.R. Evernden dated Nov. 7/00 (by fax) re: does not oppose the B.C. First Nations (coalition)'s intervention, Completed on: 2000-11-07 Her Majesty the Queen in Right of Canada
2000-11-07 Motion for leave to intervene, to file a factum and present oral argument (2 copies), Completed on: 2000-11-07 Adrian Stimson, Chief of the Siksika Nation, on behalf of himself and all other members of the Siksika Nation ("Siksika")
2000-11-06 Response to the motion for leave to intervene, (Letter Form), from B.R. Evernden dated Nov. 6/00 (by fax) re: does not oppose A.G. of B.C.'s intervention, Completed on: 2000-11-06 Her Majesty the Queen in Right of Canada
2000-11-06 Motion for leave to intervene, Completed on: 2000-11-06 Her Majesty the Queen in Right of Canada
2000-11-06 Motion for leave to intervene, to file a factum and present oral argument (1 copy), Completed on: 2000-11-06 B.C. First Nations (the "Coalition")
2000-11-03 Motion for leave to intervene, to file a factum and present oral argument, Completed on: 2000-11-03 Attorney General of British Columbia
2000-09-11 Notice of deposit for security, (service missing) Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-09-11 Order granting leave to appeal
2000-09-11 Letter acknowledging receipt of notice of appeal
2000-09-07 Notice of appeal, Completed on: 2000-09-12 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-08-11 Notice of deposit of judgment issued to all parties
2000-08-10 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
2000-06-19 All materials on application for leave submitted to the Judges, L'HD Ba LeB
2000-04-11 Order on motion to extend time
2000-04-11 Decision on motion to extend time, Reg, to serve & file the applicant's reply to Mar. 29, 2000.
Granted, no order as to costs
2000-04-11 Submission of motion to extend time, Reg
2000-04-06 Correspondence received from, B.A. Crane, Q.C. dated Apr. 6/00 re: enclosing copies of extracts from transcript of argument (5 copies) Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-03-29 Response to motion to extend time, from B. Evernden dated March 20/00 re: does not object, Completed on: 2000-03-29 Her Majesty the Queen in Right of Canada
2000-03-29 Motion to extend time, to serve and file the Reply to March 29/00, Completed on: 2000-03-30 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-03-29 Applicant's reply to respondent's argument, Completed on: 2000-03-29 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band
2000-03-15 Respondent's response on the application for leave to appeal, Completed on: 2000-03-15 Her Majesty the Queen in Right of Canada
2000-02-25 Letter acknowledging receipt of a complete application for leave to appeal
2000-02-14 Application for leave to appeal, Completed on: 2000-02-14 Norman Sterriah, on behalf of all members of the Ross River Dena Council Band

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
Norman Sterriah, on behalf of all members of the Ross River Dena Council Band Appellant Active
Ross River Dena Development Corporation Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen in Right of Canada Respondent Active
The Government of Yukon Respondent Active

Other parties

Other parties
Name Role Status
B.C. First Nations (the "Coalition") Intervener Active
Attorney General of British Columbia Intervener Active

Counsel

Party: Norman Sterriah, on behalf of all members of the Ross River Dena Council Band

Counsel
Names
Brian A. Crane, Q.C.
Ritu Gambhir
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Ross River Dena Development Corporation

Counsel
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen in Right of Canada

Counsel
Names
Brian R. Evernden
Jeffrey A. Hutchinson
Contact information
Attorney General of Canada
Civil Litigation Section
284 Wellington, Room 2307
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4869
FAX: (613) 954-1920

Party: The Government of Yukon

Counsel
Names
Penelope Gawn
Lesley McCullough
Contact information
Attorney General of the Yukon Territory
Legal Services Branch
P.O. Box 2703
Whitehorse, Yukon Territory
Y1A 2C6
Telephone: (867) 667-5107
FAX: (867) 393-6379
Email: penelope.gawn@gov.yk.ca
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: B.C. First Nations (the "Coalition")

Counsel
Names
Louise Mandell, Q.C.
Leslie J. Pinder
Clarine Ostrove
Contact information
Mandell Pinder
422 - 1080 Mainland Street
Vancouver, British Columbia
V6B 2T4
Telephone: (604) 681-4146
FAX: (604) 681-0959
Email: louise@mandellpinder.com
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Attorney General of British Columbia

Counsel
Names
Richard Fyfe
D. Leavitt
P. E. Yearwood
Patrick G. Foy, Q.C.
Contact information
Attorney General of British Columbia
Suite 506, 1175 Douglas Street
P.O. Box 9280, Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-0319
FAX: (250) 387-0343
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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

June 8, 1998
Supreme Court of the Yukon Territory

96-A0172

See file

December 15, 1999
Court of Appeal of the Yukon Territory

98-YU400

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

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