Case information

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)
2011-11-30	Appeal closed
2011-11-28	Certificate of taxation issued to, Michel Beaupré
2011-11-25	Decision on the bill of costs, in the amount of $13,951.03, Reg
2011-11-23	Submission of the bill of costs, Reg
2011-10-28	Response to the bill of costs, cc. Me Michel Beaupré (original rec'd Oct. 31/11), Completed on: 2011-10-28	Her Majesty the Queen
2011-10-24	Bill of costs, Completed on: 2011-10-31	Estate of Rolland Bastien
2011-07-25	Formal judgment sent to the registrar of the court of appeal and all parties
2011-07-25	Judgment on appeal and notice of deposit of judgment sent to all parties
2011-07-22	Judgment on the appeal rendered, CJ Bi De F Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-586-07, 2009 FCA 108, dated April 8, 2009, heard on May 20, 2010, is allowed with costs throughout. Allowed, with costs
2011-06-28	Correspondence received from, P. W. Hutchins re: change of address as of July 1, 2011 (by fax)	Huron-Wendat Nation
2010-06-10	Transcript received, (104 pages)
2010-06-01	Correspondence received from, Wina Sioui dated May 27, 2010. Re: Legal firm name change	Huron-Wendat Nation
2010-05-21	Correspondence received from, David Nahwegahbow dated May 21, 2010. Re: Reference to the case of Bryan v. Itasca County (Sent to the Judges on May 21, 2010)	Chiefs in Ontario
2010-05-20	Judgment reserved OR rendered with reasons to follow
2010-05-20	Intervener's condensed book, Submitted in Court - Joint with 33194 (14 copies)	Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2010-05-20	Intervener's condensed book, Submitted in Court (14 copies)	Huron-Wendat Nation
2010-05-20	Respondent's condensed book, Submitted in Court - Joint with 33194 (14 copies)	Her Majesty the Queen
2010-05-20	Appellant's condensed book, Submitted in Court (14 copies)	Estate of Rolland Bastien
2010-05-20	Acknowledgement and consent for video taping of proceedings, From all parties
2010-05-20	Hearing of the appeal, 2010-05-20, CJ Bi De F Cha Ro Cro Judgment reserved
2010-05-17	Correspondence received from, Michel Beaupré dated May 17, 2010. Re: Requests to be first speaker at hearing	Estate of Rolland Bastien
2010-05-11	Notice of appearance, Peter Hutchins, Lysane Cree and Wina Sioui will be present at the hearing.	Huron-Wendat Nation
2010-05-10	Intervener's book of authorities, Joint with 33194, Completed on: 2010-05-10	Assembly of First Nations
2010-05-10	Intervener's book of authorities, Joint with 33194, Completed on: 2010-05-10	Chiefs in Ontario
2010-05-10	Order by, Cro, FURTHER TO THE ORDER dated April 12, 2010, granting leave to intervene to the Assembly of Manitoba Chiefs, the Nation huronne-wendat, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Assembly of First Nations, the Chiefs of Ontario and the Union of Nova Scotia Indians; 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 appeal. Granted
2010-05-10	Intervener's book of authorities, Joint with 33194, Completed on: 2010-05-10	Union of Nova Scotia Indians
2010-05-10	Notice of appearance, Maxime Faille and Graham Ragan will be present at the hearing.	Assembly of First Nations
2010-05-10	Notice of appearance, Brian Crane will be present at the hearing.	Union of Nova Scotia Indians
2010-05-07	Intervener's book of authorities, CD missing - Rec'd on May 10, 2010 (2 volumes), Completed on: 2010-05-10	Huron-Wendat Nation
2010-05-07	Intervener's factum, CD missing - Rec'd on May 10, 2010, Completed on: 2010-05-10	Huron-Wendat Nation
2010-05-07	Intervener's factum, Joint with 33194, Completed on: 2010-05-07	Union of Nova Scotia Indians
2010-05-07	Intervener's factum, Joint with 33194, Completed on: 2010-05-07	Chiefs in Ontario
2010-05-07	Intervener's factum, Joint with 33194, Completed on: 2010-05-07	Assembly of First Nations
2010-05-07	Intervener's book of authorities, Joint with 33194, Completed on: 2010-05-07	Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2010-05-07	Intervener's factum, Joint with 33194, Completed on: 2010-05-07	Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2010-05-07	Notice of appearance, David Nahwegahbow and James Hopkins will be present at the hearing.	Chiefs in Ontario
2010-05-06	Intervener's book of authorities, Joint with 33194, Completed on: 2010-05-06	Assembly of Manitoba Chiefs
2010-05-06	Intervener's factum, Joint with 33194, Completed on: 2010-05-06	Assembly of Manitoba Chiefs
2010-05-06	Notice of appearance, Jeffrey Pniowsky and Sacha Paul will be present at the hearing.	Assembly of Manitoba Chiefs
2010-05-06	Notice of appearance, John Hurley and François Dandonneau will be present at the hearing.	Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2010-05-06	Correspondence received from, R. Gaudreau by fax, re.: request for 10 reserved seats at the hearing (6 seats allowed by the Registrar on May 13/10)	Estate of Rolland Bastien
2010-05-05	Notice of appearance, Pierre Cossette and Bernard Letarte will be present at the hearing.	Her Majesty the Queen
2010-05-05	Correspondence received from, Max Faille dated May 3, 2010. Re: Interveners will avoid repetition in separate factums	Huron-Wendat Nation
2010-04-30	Correspondence received from, S.R. Paul by fax, re.: request for 1 reserved seat at the hearing	Assembly of Manitoba Chiefs
2010-04-23	Correspondence received from, C. Shandler by fax, re.: request for 10 reserved seats at the hearing (5 seats allowed by the Registrar on May 13/10)	Huron-Wendat Nation
2010-04-19	Appeal perfected for hearing
2010-04-16	Respondent's book of authorities, Joint with 33194, Completed on: 2010-04-16	Her Majesty the Queen
2010-04-16	Respondent's record, Completed on: 2010-04-16	Her Majesty the Queen
2010-04-16	Respondent's factum, Joint with 33194, Completed on: 2010-04-16	Her Majesty the Queen
2010-04-12	Letter sent to Intervener(s)
2010-04-12	Order on motion for leave to intervene, (BY CROMWELL, J.)
2010-04-12	Decision on the motion for leave to intervene, Cro, The motion for leave to intervene of the Assembly of Manitoba Chiefs is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before May 7, 2010, in the appeal of Alexandre Dubé v. Her Majesty the Queen (33194) as well as in the appeal of Succession de Rolland Bastien v. Her Majesty the Queen (33196). The motion for leave to intervene of Nation huronne-wendat is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before May 7, 2010, in the appeal of Succession de Rolland Bastien v. Her Majesty the Queen (33196). The motion to admit further evidence is dismissed. The motions for an extension of time to apply for leave to intervene and for leave to intervene of the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Assembly of First Nations, the Chiefs of Ontario and the Nova Scotia Indians are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed 10 pages in length on or before May 7, 2010, in the appeal of Alexandre Dubé v. Her Majesty the Queen (33194) as well as in the appeal of Succession de Rolland Bastien v. Her Majesty the Queen (33196). The motion by Assembly of First Nations to file a report of Prof. Alain Beaulieu, Ph.D., entitled "Indians and Taxation: A Historical Study of the Provisions of the Indian Act", January, 2006, is dismissed. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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 respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted
2010-04-09	Submission of motion for leave to intervene, Cro
2010-04-07	Reply to the motion for leave to intervene, (Letter Form), by Assembly of First Nations, Completed on: 2010-04-07	Estate of Rolland Bastien
2010-04-07	Reply to the motion for leave to intervene, (Letter Form), by Chiefs in Ontario and Union of Nova Scotia Indians, Completed on: 2010-04-07	Estate of Rolland Bastien
2010-04-06	Reply to the motion for leave to intervene, (Letter Form), joint with 33194, Completed on: 2010-04-06	Chiefs in Ontario
2010-04-01	Response to the motion for leave to intervene, (Letter Form), by Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, Completed on: 2010-04-01	Estate of Rolland Bastien
2010-03-31	Response to the motion for leave to intervene, (Letter Form), by Union of Nova Scotia Indians joint with 33194, Completed on: 2010-03-31	Her Majesty the Queen
2010-03-31	Response to the motion for leave to intervene, (Letter Form), ,motion to extend timeand to file the expert report of Prof. Alan Beaulieu, by Assembly of First Nations joint with 33194, Completed on: 2010-03-31	Her Majesty the Queen
2010-03-31	Response to the motion for leave to intervene, (Letter Form), by Chiefs in Ontario, joint with 33194, Completed on: 2010-03-31	Her Majesty the Queen
2010-03-31	Reply to the motion for leave to intervene, (Letter Form), by Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, joint with 33194, Completed on: 2010-03-31	Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2010-03-30	Reply to the motion for leave to intervene, by Nation huronne-wendat, Completed on: 2010-03-30	Huron-Wendat Nation
2010-03-30	Correspondence received from, R. Gaudreau by fax, re.: request of 6 reserved seats at the hearing	Estate of Rolland Bastien
2010-03-30	Reply to the motion for leave to intervene, (Letter Form), by Assembly of Manitoba Chiefs re: will not be filing a reply (joint with 33194), Completed on: 2010-03-30	Assembly of Manitoba Chiefs
2010-03-29	Response to the motion for leave to intervene, (Letter Form), and to extend time, by Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, (joint with 33194), Completed on: 2010-03-29	Her Majesty the Queen
2010-03-26	Motion for leave to intervene, ,motion to extend time and to file the expert report of Prof. Alan Beaulieu, (bookform), joint with 33194, Completed on: 2010-03-29	Assembly of First Nations
2010-03-26	Motion for leave to intervene, and motion to extend time, (bookform), joint with 33194, Completed on: 2010-03-29	Chiefs in Ontario
2010-03-26	Motion for leave to intervene, and motion to extend time, (bookform), joint with 33194, Completed on: 2010-03-29	Union of Nova Scotia Indians
2010-03-26	Response to the motion for leave to intervene, (Letter Form), by Assembly of Manitoba Chiefs, joint with 33194, Completed on: 2010-03-26	Her Majesty the Queen
2010-03-26	Response to the motion for leave to intervene, (Letter Form), by Nation huronne-wendat, Completed on: 2010-03-26	Her Majesty the Queen
2010-03-25	Response to the motion for leave to intervene, (Letter Form), by Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, Completed on: 2010-03-25	Estate of Rolland Bastien
2010-03-25	Response to the motion for leave to intervene, (Letter Form), sur response, by Nation huronne-wendat, Completed on: 2010-03-25	Estate of Rolland Bastien
2010-03-23	Motion for leave to intervene, (bookform), extension of time included, joint with 33194 - revised order including extension of time filed March 30-10, Completed on: 2010-03-25	Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2010-03-23	Response to the motion for leave to intervene, (Letter Form), by Nation huronne-wendat and Assembly of Manitoba Chiefs, Completed on: 2010-03-23	Estate of Rolland Bastien
2010-03-19	Motion for leave to intervene, (bookform), motion to adduce new evidence included (requested new evidence March25-10), Completed on: 2010-03-19	Huron-Wendat Nation
2010-03-19	Motion for leave to intervene, (bookform - joint with 33194), Completed on: 2010-03-19	Assembly of Manitoba Chiefs
2010-03-19	Notice of appearance, Michel Beaupré and Michel Jolin will be present at the hearing.	Estate of Rolland Bastien
2010-03-12	Notice of hearing sent to parties
2010-03-12	Appeal hearing scheduled, 2010-05-20, (start time 9h00) Judgment reserved
2010-02-19	Appellant's book of authorities, (2 volumes), Completed on: 2010-02-19	Estate of Rolland Bastien
2010-02-19	Appellant's record, (2 volumes), Completed on: 2010-02-19	Estate of Rolland Bastien
2010-02-19	Appellant's factum, Completed on: 2010-02-19	Estate of Rolland Bastien
2009-11-23	Notice of appeal, Completed on: 2009-11-23	Estate of Rolland Bastien
2009-11-16	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-10-30	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-10-30	Judgment on leave sent to the parties
2009-10-29	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-586-07, 2009 FCA 108, dated April 8, 2009, is granted with costs in the cause. This appeal will be heard with Alexandre Dubé v. Her Majesty the Queen (33194). Granted, with costs in the cause
2009-09-28	All materials on application for leave submitted to the Judges, Bi F Cha
2009-08-10	Applicant's reply to respondent's argument, Completed on: 2009-08-10	Estate of Rolland Bastien
2009-07-31	Respondent's response on the application for leave to appeal, Completed on: 2009-07-31	Her Majesty the Queen
2009-06-09	Letter acknowledging receipt of a complete application for leave to appeal
2009-06-05	Book of authorities, (2 volumes)	Estate of Rolland Bastien
2009-06-05	Application for leave to appeal, Completed on: 2009-06-05	Estate of Rolland Bastien

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Estate of Rolland Bastien	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen	Respondent	Active

Other parties

Other parties

Name	Role	Status
Huron-Wendat Nation	Intervener	Active
Assembly of Manitoba Chiefs	Intervener	Active
Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority	Intervener	Active
Assembly of First Nations	Intervener	Active
Chiefs in Ontario	Intervener	Active
Union of Nova Scotia Indians	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Webcasts

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