Case information
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31875
Chief John Ermineskin, et al. v. Her Majesty the Queen in Right of Canada, et al.
(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) |
|---|---|---|
| 2009-09-25 | Appeal closed | |
| 2009-09-25 | Discontinuance of the bill of costs, cc. to J.C. McArthur | Her Majesty the Queen in Right of Canada |
| 2009-09-21 | Response to the bill of costs, (Letter Form), cc. C. Rupar, Completed on: 2009-09-21 | Chief John Ermineskin |
| 2009-09-11 | Bill of costs, Completed on: 2009-09-11 | Her Majesty the Queen in Right of Canada |
| 2009-03-18 | Record returned to the Registrar of the Court of Appeal | |
| 2009-02-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-02-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-02-13 |
Judgment on the appeal rendered, CJ LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-618-05, 2006 FCA 415, dated December 20, 2006, heard on May 22, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-06-12 | Transcript received, (153 pages) | |
| 2008-05-22 | Judgment reserved OR rendered with reasons to follow | |
| 2008-05-22 | Supplemental document, (Letter Form), Financial Administration Act - Part X (14 copies) Joint with 31869, Completed on: 2008-05-22 | Lac Seul First Nation |
| 2008-05-22 | Intervener's condensed book, Submitted in Court (14 copies) Joint with 31869 | Assembly of First Nations |
| 2008-05-22 | Respondent's condensed book, Submitted in Court (14 copies) Joint with 31869 | Her Majesty the Queen in Right of Canada |
| 2008-05-22 | Appellant's condensed book, Submitted in Court (14 copies) | Chief John Ermineskin |
| 2008-05-22 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-05-22 |
Hearing of the appeal, 2008-05-22, CJ LeB De F Abe Cha Ro Judgment reserved |
|
| 2008-05-21 | Supplemental document, SUPPLEMENTAL authorities - 14 copies submitted in Court (Joint with 31869), Completed on: 2008-05-21 | Assembly of First Nations |
| 2008-05-20 | Respondent's record, SUPPLEMENTAL (Joint with 31969), Completed on: 2008-05-20 | Her Majesty the Queen in Right of Canada |
| 2008-05-15 | Supplemental document, Appellants' Supplemental Record (further to Justice Charron's order of May 14/08), Completed on: 2008-05-15 | Chief John Ermineskin |
| 2008-05-15 | Correspondence received from, Mr. Hunter re: does not oppose the filing of the appellant supplemental record. | Her Majesty the Queen in Right of Canada |
| 2008-05-14 | Order on motion to file a reply factum on appeal, (BY CHARRON J.) | |
| 2008-05-14 |
Decision on the motion to file a reply factum on appeal, Cha, UPON APPLICATION by the appellants for an order permitting the serving and filing of: 1) a reply factum not exceeding ten (10) pages; 2) a brief supplementary appeal record comprising certain documents contained in the record in the Court below and required for reply, but omitted from the appellants' record as filed in this Court, substantially in the form attached as Exhibit "B" to the affidavit of Joanne R. Lysyk. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion to file a reply factum is dismissed; 2) The appellants are granted permission to file a brief supplementary appeal record in the form attached as Exhibit “B” to the affidavit of Joanne R. Lysyk. Allowed in part |
|
| 2008-05-14 | Submission of motion to file a reply factum on appeal, Cha | |
| 2008-05-13 | Reply to motion to file a reply factum on appeal, Completed on: 2008-05-13 | Chief John Ermineskin |
| 2008-05-09 | Response to motion to file a reply factum on appeal, (bookform), Completed on: 2008-05-09 | Her Majesty the Queen in Right of Canada |
| 2008-05-08 | Notice of appearance, Jack London and Bryan Schwartz will be present at the hearing. | Assembly of First Nations |
| 2008-05-06 | Motion to file a reply factum on appeal, and a supplementary appeal record, Completed on: 2008-05-06 | Chief John Ermineskin |
| 2008-05-02 | Intervener's book of authorities, (3 volumes), Completed on: 2008-05-02 | Attorney General of Ontario |
| 2008-05-02 | Intervener's factum - AG on constitutional question, Joint with 31869 (CD missing - Rec'd on May 21, 2008), Completed on: 2008-05-21 | Attorney General of Ontario |
| 2008-05-02 | Intervener's book of authorities, Joint with 31869, Completed on: 2008-05-02 | Attorney General of Alberta |
| 2008-05-02 | Intervener's factum - AG on constitutional question, Joint with 31869, Completed on: 2008-05-02 | Attorney General of Alberta |
| 2008-05-02 |
Order by, Cha, FURTHER TO THE ORDER dated April 14, 2008, granting leave to intervene to the Assembly of First Nations, the Lac Seul First Nation and the Saddle Lake Indian Band and Stoney Indian Band; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals. Granted |
|
| 2008-05-01 | Intervener's factum - AG on constitutional question, Joint with 31869, Completed on: 2008-05-01 | Attorney General of Quebec |
| 2008-05-01 | Intervener's factum, Completed on: 2008-05-01 | Lac Seul First Nation |
| 2008-05-01 | Intervener's book of authorities, (Joint with 31869), Completed on: 2008-05-01 | Attorney General of Quebec |
| 2008-05-01 | Intervener's factum, as per Charron J.'s Order dated Apr. 14/08 (Joint with 31869), Completed on: 2008-05-01 | Assembly of First Nations |
| 2008-04-30 | Notice of appearance, Joseph Eliot Magnet will be present at the hearing. | Lac Seul First Nation |
| 2008-04-30 | Notice of appearance, Stan Rutwind and Sandra Folkins will be present at the hearing. | Attorney General of Alberta |
| 2008-04-30 | Notice of appearance, Marvin Storrow and Maria Morellato will be present at the hearing. | Chief John Ermineskin |
| 2008-04-28 | Notice of appearance, Sylvain Leboeuf and Monique Rousseau will be present at the hearing. | Attorney General of Quebec |
| 2008-04-15 | Notice of appearance, Mitchell Taylor, Michele Annich and Clarke Hunter will be present at the hearing. | Her Majesty the Queen in Right of Canada |
| 2008-04-14 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2008-04-14 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Assembly of First Nations and Lac Seul First Nation for leave to intervene in both appeals, Chief Victor Buffalo (31869) and Chief John Ermineskin (31875); The motions for leave to intervene of the applicants, Assembly of First Nations and Lac Seul First Nation, are granted and the applicants shall each be entitled to serve and file a single factum for both appeals not to exceed 20 pages in length on or before May 1, 2008. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2008-04-14 | Submission of motion for leave to intervene, Cha | |
| 2008-04-09 | Notice of withdrawal | Attorney General of Newfoundland and Labrador |
| 2008-04-04 | Appeal perfected for hearing | |
| 2008-04-03 | Respondent's book of authorities, (joint with 31869 - Vol. I and II - service rec'd Apr. 11/08), Completed on: 2008-04-14 | Her Majesty the Queen in Right of Canada |
| 2008-04-03 | Respondent's record, (joint with 31869 - Vol. I to XXXII and 1 vol. Genral Table of Contents - service rec'd Apr. 11/08), Completed on: 2008-04-14 | Her Majesty the Queen in Right of Canada |
| 2008-04-03 | Respondent's factum, (joint with 31869 - service rec'd Apr. 11/08), Completed on: 2008-04-14 | Her Majesty the Queen in Right of Canada |
| 2008-03-25 | Reply to the motion for leave to intervene, Completed on: 2008-03-25 | Lac Seul First Nation |
| 2008-03-18 | Response to the motion for leave to intervene, (Letter Form), (Assembly of First Nation), Completed on: 2008-03-18 | Chief John Ermineskin |
| 2008-03-17 | Response to the motion for leave to intervene, (Letter Form), (Lac Seul First Nation - 3 copies), Completed on: 2008-03-17 | Chief John Ermineskin |
| 2008-03-17 | Response to the motion for leave to intervene, (joint with 31869), Completed on: 2008-03-17 | Her Majesty the Queen in Right of Canada |
| 2008-03-07 | Motion for leave to intervene, (bookform) (New covers & amended Notice rec'd March 17/08), Completed on: 2008-03-07 | Assembly of First Nations |
| 2008-03-05 | Motion for leave to intervene, (bookform) (joint with 31869), Completed on: 2008-03-05 | Lac Seul First Nation |
| 2008-03-04 | Correspondence (sent by the Court) to, all parties re: Justice Binnie recuses himself from the hearing (joint with 31869) | |
| 2008-02-28 | Notice of hearing sent to parties | |
| 2008-02-28 |
Appeal hearing scheduled, 2008-05-22 Judgment reserved |
|
| 2008-02-08 | Appellant's record, (Vol. I to XXXI + 12 copies of Index), Completed on: 2008-02-08 | Chief John Ermineskin |
| 2008-02-08 | Appellant's book of authorities, (Vol. I to III), Completed on: 2008-02-08 | Chief John Ermineskin |
| 2008-02-08 | Appellant's factum, Completed on: 2008-02-08 | Chief John Ermineskin |
| 2008-01-24 | Correspondence received from, Henry S. Brown, Q.C. dated Jan. 24/08 re: consent to the Crown's letter of Jan. 14/08 | Chief John Ermineskin |
| 2008-01-18 | Correspondence received from, Henry S. Brown, Q.C. dated Jan. 17/08 in response to Mr. Rupar's letter of Jan. 9/08 (joint with 31869) | Chief John Ermineskin |
| 2008-01-14 | Correspondence received from, W. Clarke Hunter dated Jan. 14/08 re: preparation of factum and record (by fax)(joint with 31869) | Her Majesty the Queen in Right of Canada |
| 2008-01-14 | Appeal court record, (10 boxes + 1 box joint with 31869) | |
| 2008-01-09 | Correspondence received from, C. Rupar dated Jan. 9/08 (by fax) re: enclosing Form 25C (joint with 31869) | Her Majesty the Queen in Right of Canada |
| 2007-12-07 | Notice of intervention respecting a constitutional question | Attorney General of Newfoundland and Labrador |
| 2007-12-07 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2007-12-06 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2007-11-30 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2007-11-14 | Order on motion to directions, (BY THE CHIEF JUSTICE) | |
| 2007-11-14 |
Decision on motion for directions, CJ, UPON APPLICATION by the appellants for directions and case management orders concerning the conduct of these appeals; AND HAVING READ the material filed and requests of the parties; IT IS HEREBY ORDERED THAT: 1) The appellants shall each be permitted to serve and file factums not exceeding 80 pages in length. 2) The respondents shall be permitted to serve and file a single factum not exceeding 120 pages in length responding to both appeals. 3) The appellants and respondents are not permitted to file reply factums. 4) The appellants and the respondents may have up to three counsel address the Court. 5) These appeals shall be heard together May 22 and 23, 2008, with counsel proceeding in the following order: a) The appellants in the Samson appeal are allowed one (1) hour in total for oral argument; b) The appellants in the Ermineskin appeal are allowed one (1) hour in total for oral argument; c) Any intervener who supports the appellants and has the right to present oral argument; d) The respondents are allowed two (2) hours in total for oral argument; e) The Attorneys General and Ministers of Justice are each allowed 15 minutes for oral argument; f) Any intervener who supports the respondents and has the right to present oral argument; g) The appellants in the Samson appeal are allowed 15 minutes for reply; and h) The appellants in the Ermineskin appeal are allowed 15 minutes for reply. Allowed in part |
|
| 2007-11-09 | Notice of constitutional question(s) | Chief John Ermineskin |
| 2007-11-08 | Submission of motion for directions, CJ | |
| 2007-11-08 | Response to motion for directions, (Letter Form), from Sandra C.M. Folkins dated Nov. 8/07 Joint with 31869), Completed on: 2007-11-08 | Attorney General of Alberta |
| 2007-11-08 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2007-11-07 |
Decision on the motion to state a constitutional question, CJ, 1. Are s. 2 (definition of “Indian moneys”) and ss. 61 to 68 of the Indian Act, R.S.C. 1985, c. I-5 and amendments, Orders-in-Council P.C. 1969-1934 and P.C. 1981-3/255, and s. 2(1) (definition of “public money”) and ss. 17 and 21 of the Financial Administration Act, R.S.C. 1985, c. F-11 and amendments, in whole, in part or through their combined effect, inconsistent with the written and oral terms of Treaty No. 6, and therefore of no force or effect or application to the appellants by virtue of ss. 35(1) and 52 of the Constitution Act, 1982? 2. Do s. 2 (definition of “Indian moneys”) and ss. 61 to 68 of the Indian Act, R.S.C. 1985, c. I-5 and amendments, Orders-in-Council P.C. 1969-1934 and P.C. 1981-3/255, and s. 2(1) (definition of "public money") and ss. 17 and 21 of the Financial Administration Act, R.S.C. 1985, c. F-11 and amendments, in whole, in part or through their combined effect, infringe s. 15 of the Canadian Charter of Rights and Freedoms? 3. If the answer to question 2 is yes, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 4. Are s. 39 of the Federal Court Act, R.S.C. 1985, c. F-7, s. 38 of the Federal Court Act, R.S.C. 1970, c. 10 (2nd Supp.), s. 32 of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50 and amendments, s. 19 of the Crown Liability Act, R.S.C. 1970, c. 38, s. 4(1) of the Limitation of Actions Act, R.S.A. 1980, c. L-15 and s. 5(1) of the Limitation of Actions Act, R.S.A. 1970, c. 209, in whole, in part or through their combined effect, inconsistent with the written and oral terms of Treaty No. 6 and therefore of no force or effect or application to the appellants by virtue of ss. 35(1) and 52 of the Constitution Act, 1982? IT IS FURTHER ORDERED THAT: 1. The appellants shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from. 2. The appellants’ factum, record and book of authorities shall be served and filed on or before February 8, 2008. 3. The respondent’s factum, record and book of authorities shall be served and filed on or before April 4, 2008. 4. Any notices of intervention relating to the constitutional questions shall be served and filed on or before December 7, 2007. 5. Any person interested in applying for leave to intervene shall serve and file their motion on or before March 7, 2008. 6. Any interveners under Rule 55 or Rule 61 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before May 2, 2008. 7. Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellants any additional disbursements occasioned to the appellants by their intervention. 8. The appeal is scheduled to be heard on May 22 and 23, 2008. Granted |
|
| 2007-11-05 | Response to motion for directions, (Letter Form), from Michele Annich dated Nov. 5/07 (joint with 31869), Completed on: 2007-11-05 | Her Majesty the Queen in Right of Canada |
| 2007-11-05 | Motion for directions, concerning the conduct of the appeal, timelines, increase of page limits of the factum, filing of a reply factum etc. (joint with 31869), Completed on: 2007-11-06 | Chief John Ermineskin |
| 2007-11-02 | Correspondence received from, Mitchell Taylor dated Nov. 2/07 re: counsel for the respondents in both appeals (with 31869) | Her Majesty the Queen in Right of Canada |
| 2007-11-01 | Correspondence received from, Mrs. Morellato dated Oct. 31/07 re: consent to Mr. O'Reilly's proposal | Chief John Ermineskin |
| 2007-10-31 | Correspondence received, James O'Reilly, counsel for the Samson Appellants, dated Oct. 31/07; re: case management order in these appeals | |
| 2007-10-19 | Submission of motion to state a constitutional question, CJ | |
| 2007-10-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-10-12 | Reply to the motion to state a constitutional question, Completed on: 2007-10-12 | Chief John Ermineskin |
| 2007-10-05 | Response to the motion to state a constitutional question, Completed on: 2007-10-05 | Her Majesty the Queen in Right of Canada |
| 2007-09-28 | Motion to state a constitutional question, Completed on: 2007-09-28 | Chief John Ermineskin |
| 2007-09-28 | General proceeding, Notice of Change of Agent to Brian A. Crane, Q.C. at Gowlings | Chief John Ermineskin |
| 2007-09-27 | Notice of appeal, Completed on: 2007-09-27 | Chief John Ermineskin |
| 2007-08-31 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-08-31 | Judgment on leave sent to the parties | |
| 2007-08-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-618-05, 2006 FCA 415, dated December 20, 2006, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2007-08-27 | Correspondence received from, Blake, Cassel & Graydon by e-mail dated Aug. 27/07 re: one of applicants' name as Brian Lee not Brian Less | Chief John Ermineskin |
| 2007-05-28 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2007-03-26 | Applicant's reply to respondent's argument, Completed on: 2007-03-26 | Chief John Ermineskin |
| 2007-03-15 | Book of authorities | Her Majesty the Queen in Right of Canada |
| 2007-03-15 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2007-03-15 | Her Majesty the Queen in Right of Canada |
| 2007-03-13 | Respondent's response on the application for leave to appeal, (Letter Form), Not filing a response, Completed on: 2007-03-13 | Attorney General of Alberta |
| 2007-02-20 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2007-02-16 | Book of authorities | Chief John Ermineskin |
| 2007-02-16 | Application for leave to appeal, (Service rec'd Feb. 21/07) (Vols. I,II,III), Completed on: 2007-02-21 | Chief John Ermineskin |
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 |
|---|---|---|
| Chief John Ermineskin | Appellant | Active |
| Lawrence Wildcat, Gordon Lee, Art Littlechild, Maurice Wolfe, Curtis Ermineskin, Gerry Ermineskin, Earl Ermineskin, Rick Wolfe, Ken Cutarm, Brian Less | Appellant | Active |
| Lester Fraynn, the elected Chief and Councillors of the Ermineskin Indian Band and Nation suing on their own behalf and on behalf of all the other members of the Ermineskin Indian Band and Nation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
| Minister of Indian Affairs and Northern Development and Minister of Finance | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Lac Seul First Nation | Intervener | Active |
| Assembly of First Nations | Intervener | Active |
Counsel
Party: Chief John Ermineskin
Counsel
Marvin R.V. Storrow, Q.C.
Joanne R. Lysyk
Joseph C. McArthur
Suite 2600, Three Bentall Centre
595 Burrard Street, P.O. Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3324
FAX: (604) 631-3309
Email: maria.morellato@blakes.com
Agent
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: Lawrence Wildcat, Gordon Lee, Art Littlechild, Maurice Wolfe, Curtis Ermineskin, Gerry Ermineskin, Earl Ermineskin, Rick Wolfe, Ken Cutarm, Brian Less
Counsel
Marvin R.V. Storrow, Q.C.
Joanne R. Lysyk
Joseph C. McArthur
Suite 2600, Three Bentall Centre
595 Burrard Street, P.O. Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3324
FAX: (604) 631-3309
Email: maria.morellato@blakes.com
Agent
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: Lester Fraynn, the elected Chief and Councillors of the Ermineskin Indian Band and Nation suing on their own behalf and on behalf of all the other members of the Ermineskin Indian Band and Nation
Counsel
Marvin R.V. Storrow, Q.C.
Joanne R. LYsyk
Joseph C. McArthur
Suite 2600, Three Bentall Centre
595 Burrard Street, P.O. Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3324
FAX: (604) 631-3309
Email: maria.morellato@blakes.com
Agent
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
Michele E. Annich
W. Clarke Hunter, Q.C.
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of Indian Affairs and Northern Development and Minister of Finance
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2324
FAX: (604) 666-2710
Email: mitch.taylor@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Alberta
Counsel
Sandra Folkins
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
FAX: (780) 425-0307
Email: stan.rutwind@gov.ab.ca
Agent
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 Quebec
Counsel
Monique Rousseau
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Ontario
Counsel
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4930
FAX: (416) 326-4181
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Lac Seul First Nation
Counsel
William Major
P.O. Box 450, Stn. A
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3315
FAX: (613) 562-5124
Email: jmagnet@uottawa.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Assembly of First Nations
Counsel
Bryan Schwartz
2500 - 360 Main Street
Winnipeg, Manitoba
R3C 4H6
Telephone: (204) 956-0560
FAX: (204) 957-0227
Email: london@pitblado.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
Charter of Rights - Right to equality - Discrimination - Constitutional law - Aboriginal peoples - Aboriginal rights -Aboriginal law - Fiduciary duty - Indian bands - Treaties - Action by Indian band for interest on royalties generated by the commercial exploration of an oil and gas field under the reserve which had been surrendered to the Crown - Action dismissed - Where, in the circumstances where the Crown has undertaken by treaty to set aside reserves and thereafter to protect and preserve the interest and entitlement of the Indians to such reserves, the rights of a signatory band, as against the Crown in relation to the management of surrendered reserve lands and the royalty proceeds thereof, take on the character of treaty rights which are entitled to protection pursuant to section 35 of the Constitution Act, 1982 - Whether the Crown’s obligations as trustee are substantially different from the obligations of a common law trustee - Whether and to what extent the Indian Act, R.S.C. 1985, c. I-5, and the Financial Administration Act, R.S.C. 1985, c. F-11 have the effect of attenuating the obligations which the Crown has solemnly undertaken as a trustee - Whether the Appellants can advance a claim for racial discrimination contrary to section 15 of the Canadian Charter of Rights and Freedoms where the discrimination relates to an interest which is held by a First Nation collectivity - Canadian Charter of Rights and Freedoms, s. 15.
The Appellants commenced an action against the Crown for interest on royalties generated by the commercial exploration of an oil and gas field under the reserve. The Appellants submitted that the Crown breached trust obligations relating to the control and management of their moneys. The action against the Crown was dismissed on the basis that the Crown met all of its obligations as trustee of the Appellants’ royalties. A majority of the Federal Court of Appeal dismissed the appeals.
Lower court rulings
Federal Court of Canada, Trial Division
T-1254-92
See file
Federal Court of Appeal
A-618-05, 2006 FCA 415
See file
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.
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Downloadable PDFs
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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
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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