Case information
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28645
Ernest Lionel Joseph Blais v. Her Majesty the Queen
(Manitoba) (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) |
|---|---|---|
| 2003-11-20 | Appeal closed | |
| 2003-11-19 | Record returned to the Registrar of the Court of Appeal | |
| 2003-09-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-09-19 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR98-30-03962, dated April 11, 2001, heard on March 18, 2003, is dismissed and each party shall bear its own costs. The constitutional question is answered as follows: Is the appellant Ernest Lionel Joseph Blais, being a Métis, encompassed by the term "Indians" in para. 13 of the Natural Resources Transfer Agreement, 1930, as ratified by the Manitoba Natural Resources Act, (1930) 20-21 Geo. V, c. 29 (Can.), and confirmed by the Constitution Act (1930), 20-21 Geo. V, c. 26 (U.K.), and therefore rendering s. 26 of the Wildlife Act of Manitoba unconstitutional to the extent that it infringes upon the appellant's right to hunt for food for himself and his family? Answer: No. Dismissed |
|
| 2003-04-01 | Transcript received, 74 pages | |
| 2003-03-18 | Judgment reserved OR rendered with reasons to follow | |
| 2003-03-18 |
Hearing of the appeal, 2003-03-17, (V037-038), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-03-18 | Acknowledgement and consent for video taping of proceedings | |
| 2003-03-17 | Book of authorities, (suppl.), Completed on: 2003-03-17 | Congress of Aboriginal Peoples |
| 2003-03-17 | Supplemental document, 10 copies of "French language versions of statutes" | Ernest Lionel Joseph Blais |
| 2003-03-07 | Supplemental document, supplementary authorities | Attorney General of Canada |
| 2003-03-06 | Correspondence received from, Graeme G. Mitchell, Q.C. dated 03/05/03 re Mr. McAdam will not be appearing at the hearing | Attorney General for Saskatchewan |
| 2003-03-03 | Notice of appearance, of J.E. Magnet | Congress of Aboriginal Peoples |
| 2003-02-28 | Notice of appearance, of Ivan Whitehall, Q.C. et al | Attorney General of Canada |
| 2003-02-13 |
Order by, Ma, UPON APPLICATION by Métis National Council, Congress of Aboriginal Peoples, Attorney General of Canada, Attorney General of Alberta and Attorney General for Saskatchewan for leave to intervene in the above appeal and pursuant to the order of March 19, 2002; IT IS HEREBY FURTHER ORDERED THAT the following interveners are granted permission to present oral argument at the hearing of the appeal not to exceed the time allowed respectively to each of them as follows: Métis National Council 15 minutes Congress of Aboriginal Peoples 15 minutes Attorney General of Canada 10 minutes Attorney General of Alberta 10 minutes Attorney General for Saskatchewan 10 minutes Granted |
|
| 2003-01-30 | Order on motion to extend time | |
| 2003-01-30 |
Decision on motion to extend time, to serve and file the factum and book of authorities of A.G. Sask. to Dec. 23/02, Reg Granted |
|
| 2003-01-30 | Submission of motion to extend time, Reg | |
| 2003-01-29 | Response to motion to extend time, (joint consent)(via e-mail), Completed on: 2003-01-29 | Ernest Lionel Joseph Blais |
| 2003-01-24 | Notice of appearance, of Jean Teillet et al | Métis National Council |
| 2003-01-22 | Notice of hearing | Ernest Lionel Joseph Blais |
| 2003-01-14 | Motion to extend time, to file the factum and authorities / pour déposer le mémoire et le recueil de sources, Completed on: 2003-01-14 | Attorney General for Saskatchewan |
| 2002-12-24 | Book of authorities, Completed on: 2003-01-14 | Attorney General for Saskatchewan |
| 2002-12-23 | Intervener's factum, Completed on: 2003-01-14 | Attorney General for Saskatchewan |
| 2002-12-23 |
Appeal hearing scheduled, 2003-03-17 Judgment reserved |
|
| 2002-12-17 | Book of authorities, Completed on: 2003-01-21 | Métis National Council |
| 2002-12-16 | Intervener's factum, Completed on: 2003-01-21 | Métis National Council |
| 2002-12-16 | Book of authorities, Completed on: 2003-01-21 | Attorney General of Alberta |
| 2002-12-16 | Intervener's factum, Completed on: 2003-01-21 | Attorney General of Alberta |
| 2002-12-16 | Book of authorities, Completed on: 2002-12-16 | Congress of Aboriginal Peoples |
| 2002-12-16 | Intervener's factum, Completed on: 2002-12-16 | Congress of Aboriginal Peoples |
| 2002-12-16 | Book of authorities, Completed on: 2002-12-16 | Attorney General of Canada |
| 2002-12-16 | Intervener's factum, Completed on: 2002-12-16 | Attorney General of Canada |
| 2002-12-04 | Order on miscellaneous motion | |
| 2002-12-04 |
Decision on miscellaneous motion, Reg, for an order allowing the respondent to file 12 copies of the record. Granted |
|
| 2002-12-04 | Submission of miscellaneous motion, Reg | |
| 2002-11-28 | Response to miscellaneous motion, from/de Gowlings, Completed on: 2002-11-28 | Ernest Lionel Joseph Blais |
| 2002-11-28 | Notice of miscellaneous motion, (to file 12 copies of record but to prepare the record in accordance with the old rules/pour produire 12 copies du dossier et préparer celui-ci en vertu de la règle 33(1), Completed on: 2002-11-28 | Her Majesty the Queen |
| 2002-11-18 | Correspondence received from, L. Chartrand dated Oct. 31, 2002 (fax copy) re: agrees to the Respondent to file his documents under new rules | Ernest Lionel Joseph Blais |
| 2002-11-18 | Respondent's record, (vol. 1 and 2)(see order Aug. 7, 2002), Completed on: 2002-12-05 | Her Majesty the Queen |
| 2002-11-18 | Respondent's book of authorities, (see order Aug. 7, 2002), Completed on: 2002-12-05 | Her Majesty the Queen |
| 2002-11-18 | Respondent's factum, (see order Aug 7, 2002), Completed on: 2002-12-05 | Her Majesty the Queen |
| 2002-11-04 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-09-17 | Correspondence received from, (by fax) I.G. Whitehall,Q.C.; re: will be out of the country from Feb. 13 to Mar. 2/03 | Attorney General of Canada |
| 2002-09-09 | Appellant's book of authorities, Completed on: 2002-09-09 | Ernest Lionel Joseph Blais |
| 2002-09-09 | Appellant's record, Completed on: 2002-09-09 | Ernest Lionel Joseph Blais |
| 2002-09-09 | Appellant's factum, (See decision of Aug. 7/02 for factum, record & authorities), Completed on: 2002-09-09 | Ernest Lionel Joseph Blais |
| 2002-09-03 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2002-08-28 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2002-08-08 | Order on motion to directions | |
| 2002-08-07 |
Decision on motion for directions, Reg, on behalf of the appellant in Powley (28533) and the respondent in Blais for an order setting the following filing dates: September 9, 2002 for the appellants' facta, record and books of authorities; November 18, 2002 for the respondents' facta, cross-appeal, record and books of authorities; December 2, 2002 for the appellants' factum in reply to the Powley's cross-appeal; December 16, 2002 for interveners' facta and books of authorities; January or February, 2003 for the hearing of the appeals. Granted |
|
| 2002-08-07 | Submission of motion for directions, Reg | |
| 2002-08-06 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2002-08-02 | Response to motion for directions, (Letter Form), from L. Chartrand dated July 31/02, Completed on: 2002-08-02 | Ernest Lionel Joseph Blais |
| 2002-08-02 | Response to motion for directions, (Letter Form), from J. Teillet dated July 31/02 (joint with 28533), Completed on: 2002-08-02 | Métis National Council |
| 2002-08-02 | Motion for directions, for setting due dates for the filing of documents (joint with 28533), Completed on: 2002-08-02 | Her Majesty the Queen |
| 2002-06-26 | Notice of constitutional question(s), 1 copy | Ernest Lionel Joseph Blais |
| 2002-06-25 | Order on motion to state a constitutional question | |
| 2002-06-24 |
Decision on the motion to state a constitutional question, CJ, Is the Appellant Ernest Lionel Joseph Blais, being a Métis, encompassed by the term "Indians" in paragraph 13 of the Natural Resources Transfer Agreement, 1930, as ratified by the Manitoba Natural Resources Act, (1930) 20-21 Geo. V, c. 29 (Can.) and confirmed by the Constitution Act (1930), 20-21 Geo. V, c. 26 (U.K.), and therefore rendering Section 26 of the Wildlife Act of Manitoba unconstitutional to the extent that it infringes upon the Appellant's right to hunt for food for himself and his family? The notices of intervention are to be filed on or before September 3, 2002. Granted |
|
| 2002-04-02 | Submission of motion to state a constitutional question, CJ | |
| 2002-03-19 | Order on motion for leave to intervene, (BY THE JUDGE) | |
| 2002-03-19 |
Decision on the motion for leave to intervene, Bi, by the CONGRESS OF ABORIGINAL PEOPLES. 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. The interveners shall not be entitled 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 respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted |
|
| 2002-03-19 |
Decision on the motion for leave to intervene, Bi, by the MÉTIS NATIONAL COUNCIL. 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. The interveners shall not be entitled 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 respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted |
|
| 2002-03-19 | Submission of motion for leave to intervene, Bi | |
| 2002-03-15 | Response to the motion for leave to intervene, (Letter Form), letter from Gowlings dated March 14/02 in response to MNC and CAP, Completed on: 2002-03-15 | Ernest Lionel Joseph Blais |
| 2002-03-13 | Response to the motion for leave to intervene, (Letter Form), letter from Gowlings dated March 13/02 in response to Metis National Council and Congress of Aboriginal People, Completed on: 2002-03-13 | Her Majesty the Queen |
| 2002-03-04 | Response to the motion to state a constitutional question, Completed on: 2002-03-04 | Her Majesty the Queen |
| 2002-03-04 | Motion to state a constitutional question, 1 copy, Completed on: 2002-03-05 | Ernest Lionel Joseph Blais |
| 2002-03-01 | Motion for leave to intervene, book form, Completed on: 2002-03-06 | Congress of Aboriginal Peoples |
| 2002-03-01 | Motion for leave to intervene, book form - 3 copies, Completed on: 2002-03-01 | Métis National Council |
| 2002-02-11 | Correspondence received, J. Teillet dated Feb. 8, 2002 (fax copy) re: Powley's appeal (28533) - to be heard together (joint) | |
| 2002-02-06 | Correspondence received, from L. Sterling, counsel for the Appellant in 28533 (fax copy) re: this case should be heard with 28533 (Powley) | |
| 2002-01-14 | Trial court record, 2 boxes | |
| 2002-01-07 | Letter acknowledging receipt of notice of appeal | |
| 2002-01-04 | Notice of appeal, Completed on: 2002-01-04 | Ernest Lionel Joseph Blais |
| 2001-12-12 | Correspondence (sent by the Court) to, all parties re: filing timetable / tentative hearing date | |
| 2001-12-07 | Notice of deposit of judgment issued to all parties | |
| 2001-12-06 |
Judgment of the Court on the application for leave to appeal Granted |
|
| 2001-10-22 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2001-07-09 | Respondent's response on the application for leave to appeal, Completed on: 2001-07-09 | Her Majesty the Queen |
| 2001-07-06 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2001-06-07 | Application for leave to appeal, Completed on: 2001-06-07 | Ernest Lionel Joseph Blais |
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 |
|---|---|---|
| Blais, Ernest Lionel Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Métis National Council | Intervener | Active |
| Congress of Aboriginal Peoples | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General for Saskatchewan | Intervener | Active |
Counsel
Party: Blais, Ernest Lionel Joseph
Counsel
Lionel Chartrand
Aboriginal Centre Law Office
409-181 Higgins Avenue
Winnipeg, Manitoba
R3B 3G1
Telephone: (204) 985-5230
FAX: (204) 985-5237
409-181 Higgins Avenue
Winnipeg, Manitoba
R3B 3G1
Telephone: (204) 985-5230
FAX: (204) 985-5237
Agent
Brian A. Crane, Q.C.
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
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
Counsel
Holly D. Penner
Deborah L. Carlson
Deborah L. Carlson
Attorney General of Manitoba
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6723
FAX: (204) 945-0053
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6723
FAX: (204) 945-0053
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
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: Métis National Council
Counsel
Beverly J.M. (Jean) Teillet
Arthur Pape
Clem Chartier
Jason Madden
Arthur Pape
Clem Chartier
Jason Madden
Pape & Salter
460 - 220 Cambie Street
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002
FAX: (604) 681-3050
Email: admin@papeandsalter.ca
460 - 220 Cambie Street
Vancouver, British Columbia
V6B 2M9
Telephone: (604) 681-3002
FAX: (604) 681-3050
Email: admin@papeandsalter.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
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: Congress of Aboriginal Peoples
Counsel
Joseph Eliot Magnet
Congress of Aboriginal Peoples
57 Louis Pasteur, Suite 357
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800
FAX: (613) 562-5124
57 Louis Pasteur, Suite 357
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800
FAX: (613) 562-5124
Party: Attorney General of Canada
Counsel
Ivan G. Whitehall, Q.C.
Barbara Ritzen
Michael H. Morris
Barbara Ritzen
Michael H. Morris
Attorney General of Canada
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Agent
Graham R. Garton, Q.C.
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Party: Attorney General of Alberta
Counsel
Kurt J.W. Sandstrom
Margaret Unsworth
Margaret Unsworth
Attorney General of Alberta
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
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: Attorney General for Saskatchewan
Counsel
P. Mitch McAdam
Attorney General for Saskatchewan
1874 Scarth St - 10th Floor
Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-7846
FAX: (306) 787-9111
1874 Scarth St - 10th Floor
Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-7846
FAX: (306) 787-9111
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
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
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
August 22, 1996
Provincial Court of Manitoba
Provincial Court of Manitoba
Appellant convicted of unlawfully hunting deer out of season contrary to s. 26 of the Wildlife Act of Manitoba; Métis not included as "Indians" in Natural Resource Transfer Agreement
September 9, 1998
Court of Queen’s Bench of Manitoba
CR 96-01-17850
Court of Queen’s Bench of Manitoba
CR 96-01-17850
Appellant's summary conviction appeal dismissed
April 11, 2001
Court of Appeal of Manitoba
AR98-30-03962
Court of Appeal of Manitoba
AR98-30-03962
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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Date modified: 2025-05-13