Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33340
Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development), et al. v. Barbara Cunningham, et al.
(Alberta) (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) |
|---|---|---|
| 2011-07-22 | Appeal closed | |
| 2011-07-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-07-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-07-21 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0703-0275-AC, 2009 ABCA 239, dated June 26, 2009, heard on December 16, 2010, is allowed, the decision of the Court of Appeal set aside and the decision of the chambers judge affirmed. There is no order of costs. The constitutional questions are answered as follows: 1. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? The record does not provide an adequate basis to assess the claimants’ s. 2(d) argument and the Court therefore declines to answer this question. 2. If so, 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? It is not necessary to answer this question. 3. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 7 of the Canadian Charter of Rights and Freedoms? No. 4. If so, 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? It is not necessary to answer this question. 5. Do ss. 75 and/or 90 of the Metis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 of the Canadian Charter of Rights and Freedoms? No. 6. If so, 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? It is not necessary to answer this question. Allowed |
|
| 2011-01-07 | Transcript received, (118 pages) | |
| 2010-12-22 | Correspondence received from, Jeremy L. Taylor dated Dec. 22/10 in response to Ms. Teillet's letter of Dec. 20/10 (sent to the Court Dec. 23/10) | Barbara Cunningham |
| 2010-12-21 | Correspondence received from, Robert Normey dated Dec. 21/10 in response to Ms. Teillet's letter of Dec. 20/10 (sent to the Court Dec. 23/10) | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-12-20 | Correspondence received from, Jean Teillet dated Dec. 20/10 re: clarification of jurisdiction of Métis Settlements Appeals Tribunal (sent to the Court Dec. 23/10) | Métis Nation of Alberta |
| 2010-12-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2010-12-16 | Judgment reserved OR rendered with reasons to follow | |
| 2010-12-16 |
Hearing of the appeal, 2010-12-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-12-16 | Appellant's condensed book, Rec'd in Court | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-12-16 | Respondent's condensed book, Rec'd in Court | Barbara Cunningham |
| 2010-12-16 | Intervener's condensed book, Rec'd in Court | Métis Settlements General Council |
| 2010-12-16 | Intervener's condensed book, Rec'd in Court | East Prairie Métis Settlement |
| 2010-12-16 | Intervener's condensed book, Rec'd in Court | Attorney General of Quebec |
| 2010-12-16 | Intervener's condensed book, Rec'd in Court | Aboriginal Legal Services of Toronto Inc. |
| 2010-12-16 | Intervener's condensed book, Rec'd in Court | Elizabeth Métis Settlement |
| 2010-12-15 | Correspondence received from, Henry Brown, Q.C. by fax, re.: revised Interveners' Facta | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-12-14 | Correspondence received from, Robert E. Houston, Q.C. dated Dec. 14/10 re: revised amended factum | Elizabeth Métis Settlement |
| 2010-12-14 | Correspondence received from, Colin S. Baxter dated Dec. 14/10 re: revised amended factum | Métis Settlements General Council |
| 2010-12-02 | Correspondence received from, J.L. Taylor by fax, re.: request for 7 reserved seats at the hearing + 4 seats (total: 11 seats) (9 reserved seats allowed) | Barbara Cunningham |
| 2010-12-01 | Order on motion to strike out, by LeBel J. | |
| 2010-12-01 | Order on motion to adduce new evidence, by Lebel J. | |
| 2010-12-01 |
Decision on motion to adduce new evidence, (SEE JOINT ORDER), LeB Dismissed |
|
| 2010-12-01 | Order on motion to file a reply factum on appeal, by Lebel J. | |
| 2010-12-01 |
Decision on the motion to file a reply factum on appeal, (SEE JOINT ORDER), LeB Dismissed |
|
| 2010-12-01 |
Decision on motion to strike out, JOINT ORDER, LeB, UPON MOTION by the appellants for: 1)An order striking paragraphs 21 to 35 of the factum of the intervener Métis Settlements General Council or in the alternative to be permitted to file a 5-page reply factum; 2)An order striking paragraphs 34 to 57 of the factum of the intervener Elizabeth Métis Settlement Factum or in the alternative to be permitted to file a 5-page reply factum; AND UPON MOTION by the respondents for: 1)An order granting leave to adduce new evidence, namely, the Affidavit of the respondent John Kenneth Cunningham; 2)An order for leave to file a 3-page supplementary factum to address the new evidence; 3)An order for leave to file an additional 7-page reply factum to the arguments raised by the interveners; AND UPON FURTHER MOTION by the appellants for: 1)An order for leave to file a reply factum including a reply to the respondents’ proposed new evidence not exceeding seven pages in length; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1.The motions to strike paragraphs 21 to 35 of the factum of the intervener Métis Settlements General Council and paragraphs 34 to 57 of the factum of the intervener Elizabeth Métis Settlement are well founded. The interveners attempt to raise a question of law contrary to the previous order of Abella J. that determined the scope of the interventions. Moreover, the issue was not raised by the parties to this appeal and is not part to the Constitutional Questions stated by the Chief Justice. The interveners will have to serve and file an amended factum by December 9, 2010. 2.The motion to adduce new evidence filed by the respondents is not justified and was filed late. It cannot be granted in such circumstance. Leave to file a 3-page supplementary factum and an additional 7-page reply factum is denied. 3.The motion by the appellants for an order for leave to file a reply factum is dismissed. Allowed in part |
|
| 2010-12-01 | Order on motion to add or substitute parties, by LeBel J. | |
| 2010-12-01 |
Decision on motion to add or substitute parties, LeB, UPON MOTION by the Peavine Métis Settlement for: 1)An order to be added as first named respondent, or otherwise as respondent; 2)An order to be entitled to present oral argument at the hearing of the appeal without filing a separate factum from that of the individual respondents; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Peavine Métis Settlement shall be added as a respondent and share the allotted time for oral argument with that of the individual respondents at the hearing of the appeal without filing a separate factum from that of the individual respondents. Granted |
|
| 2010-12-01 | Submission of motion to adduce new evidence, to file a supplementary Factum not exceeding 3 pages and to file and additional 7 page reply to the arguments raised by the interveners., LeB | |
| 2010-12-01 | Submission of motion to file a reply factum on appeal, LeB | |
| 2010-12-01 | Submission of motion to add or substitute parties, to be added as Respondent or in the alternative for an extension of time for leave to intervene and to be added as Intervener., LeB | |
| 2010-12-01 | Submission of motion to strike out, LeB | |
| 2010-11-26 | Notice of appearance, Laurie Letheren and Tess Sheldon will be appearing | Canadian Association for Community Living |
| 2010-11-24 | Reply to motion to strike out, Completed on: 2010-11-24 | Métis Settlements General Council |
| 2010-11-24 | Notice of appearance, Mary Eberts will be appearing | Native Women's Association of Canada |
| 2010-11-24 | Notice of appearance, Diane Pothier and Joanna Birenbaum will be appearing and Ms. Pothier will be making oral submissions | Women's Legal Education and Action Fund |
| 2010-11-24 | Order on motion to extend time, to serve and file its Factum and Book of Authorities to November 1, 2010 | |
| 2010-11-24 |
Decision on motion to extend time, to serve and file its Factum and Book of Authorities to November 1, 2010, Reg Granted |
|
| 2010-11-24 | Submission of motion to extend time, to serve and file its Factum and Book of Authorities to November 1, 2010, Reg | |
| 2010-11-24 | Notice of appearance, Kevin S. Feth, Q.C. and Jeremy L. Taylor will be appearing | Barbara Cunningham |
| 2010-11-24 | Response to motion to extend time, of the AGSASK for service and filing of their factum and Authorities, Completed on: 2010-11-24 | Barbara Cunningham |
| 2010-11-24 | Notice of appearance, Mr. McAdam will not be present at the Court | Attorney General of Saskatchewan |
| 2010-11-24 | Notice of appearance, P. Mitch McAdam written submission only | Attorney General of Saskatchewan |
| 2010-11-24 | Notice of appearance, Jean Teillet will be appearing | Métis Nation of Alberta |
| 2010-11-24 | Notice of appearance, Jason Madden, Clement Chartier, Q.C. and Kathy Hodgson-Smith will be appearing | Métis National Council |
| 2010-11-23 | Notice of appearance, Robert J. Normey and David N. Kamal will be appearing | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-11-23 | Response to motion to strike out, paragraphs 34-57 inclusive of the Factum of the Interverner, Elizabeth Metis Settlement (bookform), Completed on: 2010-11-23 | Elizabeth Métis Settlement |
| 2010-11-23 | Notice of appearance, Mandy Wesley and Jonathan Rudin and Mr. Rudin will make the oral presentation | Aboriginal Legal Services of Toronto Inc. |
| 2010-11-23 | Response to motion to add or substitute parties, (Letter Form), to be added as Respondent or in the alternative for an extension of time for leave to intervene and to be added as Intervener., Completed on: 2010-11-23 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-11-23 | Notice of appearance, Garry Appelt and Keltie L. Lambert will be appearing. | Métis Settlements General Council |
| 2010-11-22 | Correspondence received from, M.-F. Major by fax, re.: request for 2 reserved seats at the hearing | East Prairie Métis Settlement |
| 2010-11-22 | Notice of appearance, Mr. Sandeep K. Dhir and Ms. Lindsey E. Miller will be appearing, Mr. Dhir will be making the oral presentation | Gift Lake Métis Settlement |
| 2010-11-22 | Response to motion to add or substitute parties, (Letter Form), to be added as Respondent or in the alternative for an extension of time for leave to intervene and to be added as Intervener., Completed on: 2010-11-22 | Barbara Cunningham |
| 2010-11-22 | Response to motion to file a reply factum on appeal, Completed on: 2010-11-22 | Barbara Cunningham |
| 2010-11-22 | Response to motion to strike out, (Letter Form), paragraphs 21-35 inclusive of the Factum of the intervener, Métis Settlements General Council, and paragraphs 34-57 inclusive of the Factum of the Interverner, Elizabeth Metis Settlement., Completed on: 2010-11-22 | Barbara Cunningham |
| 2010-11-22 | Notice of appearance, Mark Crow and Janet Minor will be present at the hearing. | Attorney General of Ontario |
| 2010-11-22 | Response to motion to extend time, (Letter Form), to serve and file its Factum and Book of Authorities to November 1, 2010, Completed on: 2010-11-22 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-11-22 | Notice of appearance, Thomas Owen and Tara Rout will be present at the hearing. | Elizabeth Métis Settlement |
| 2010-11-19 | Motion to file a reply factum on appeal, (bookform), Completed on: 2010-11-19 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-11-19 | Notice of appearance, Rodger Gibbs and Richard Hajduk will be present at the hearing. | East Prairie Métis Settlement |
| 2010-11-18 | Motion to extend time, to serve and file its Factum and Book of Authorities to November 1, 2010, Completed on: 2010-11-18 | Attorney General of Saskatchewan |
| 2010-11-17 | Correspondence received from, L.E. Miller by fax, re.: request for 6 reserved seats at the hearing (4 seats allowed) | Gift Lake Métis Settlement |
| 2010-11-17 | Correspondence received from, Burke-Robertson by e-mail, re.: request for 2 reserved seats at the hearing | Elizabeth Métis Settlement |
| 2010-11-17 | Notice of appearance, Isabelle Harnois will be appearing | Attorney General of Quebec |
| 2010-11-16 | Acknowledgement and consent for video taping of proceedings, Consent of Jean Teillet | |
| 2010-11-16 | Motion to add or substitute parties, to be added as Respondent or in the alternative for an extension of time for leave to intervene and to be added as Intervener. (bookform), Completed on: 2010-11-16 | Peavine Métis Settlement |
| 2010-11-16 | Motion to adduce new evidence, to file a supplementary Factum not exceeding 3 pages and to file and additional 7 page reply to the arguments raised by the interveners. (bookform), Completed on: 2010-11-16 | Barbara Cunningham |
| 2010-11-16 |
Order by, Abe, FURTHER TO THE ORDER dated September 13, 2010, granting leave to intervene to Canadian Association for Community Living, Elizabeth Métis Settlement, Women’s Legal Education and Action Fund, East Prairie Métis Settlement, Aboriginal Legal Services of Toronto Inc., Gift Lake Métis Settlement, Native Women’s Association of Canada, Métis Nation of Alberta, Métis National Council and Métis Settlements General Council; IT IS HEREBY FURTHER ORDERED THAT the interveners Women’s Legal Education and Action Fund, Native Women’s Association of Canada, Métis Nation of Alberta and Métis Settlements General Council are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. AND IT IS HEREBY FURTHER ORDERED THAT the interveners Canadian Association for Community Living, Elizabeth Métis Settlement, East Prairie Métis Settlement, Aboriginal Legal Services of Toronto Inc., Gift Lake Métis Settlement and Métis National Council are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of this appeal. Granted |
|
| 2010-11-15 |
Motion to strike out, paragraphs 21-35 inclusive of the Factum of the intervener, Métis Settlements General Council , Completed on: 2010-11-15 |
Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-11-15 | Motion to strike out, paragraphs 34-57 inclusive of the Factum of the Interverner, Elizabeth Metis Settlement, Completed on: 2010-11-15 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-11-08 | Intervener's book of authorities, Completed on: 2010-11-08 | Métis Nation of Alberta |
| 2010-11-08 | Intervener's factum, Completed on: 2010-11-08 | Métis Nation of Alberta |
| 2010-11-08 | Intervener's book of authorities, Completed on: 2010-11-08 | Métis National Council |
| 2010-11-08 | Intervener's factum, Completed on: 2010-11-08 | Métis National Council |
| 2010-11-08 | Intervener's book of authorities, Completed on: 2010-11-08 | Native Women's Association of Canada |
| 2010-11-08 | Intervener's factum, Completed on: 2010-11-08 | Native Women's Association of Canada |
| 2010-11-08 | Intervener's book of authorities, Completed on: 2010-11-08 | Gift Lake Métis Settlement |
| 2010-11-08 | Intervener's factum, Completed on: 2010-11-08 | Gift Lake Métis Settlement |
| 2010-11-08 | Intervener's book of authorities, Vol. 1 and 2, Completed on: 2010-11-08 | Aboriginal Legal Services of Toronto Inc. |
| 2010-11-08 | Intervener's factum, Completed on: 2010-11-08 | Aboriginal Legal Services of Toronto Inc. |
| 2010-11-08 | Intervener's book of authorities, Completed on: 2010-11-16 | Canadian Association for Community Living |
| 2010-11-08 | Intervener's factum, Completed on: 2010-11-16 | Canadian Association for Community Living |
| 2010-11-05 | Intervener's book of authorities, Completed on: 2010-11-05 | Women's Legal Education and Action Fund |
| 2010-11-05 | Intervener's factum, Completed on: 2010-11-05 | Women's Legal Education and Action Fund |
| 2010-11-04 | Correspondence received from, G. Appelt by e-mail, re.: request for 16 reserved seats at the hearing (7 seats allowed) | Métis Settlements General Council |
| 2010-11-03 | Intervener's factum, Amended factum pursuant to the order of Dec. 1/10 rec'd Dec. 8/10 - service received December 14, 2010., Completed on: 2010-11-03 | Elizabeth Métis Settlement |
| 2010-11-01 | Intervener's book of authorities, extension of time requested service, filing and page numbering, Incomplete | Attorney General of Saskatchewan |
| 2010-11-01 | Intervener's factum - AG on constitutional question, Extension time requested for service and filing, Completed on: 2010-11-19 | Attorney General of Saskatchewan |
| 2010-11-01 | Intervener's book of authorities, Completed on: 2010-11-01 | Métis Settlements General Council |
| 2010-11-01 | Intervener's factum, Amended factum pursuant to the order of Dec. 1/10 and rec'd Dec. 9/10 - CD rec'd Dec. 15/10, Completed on: 2010-11-01 | Métis Settlements General Council |
| 2010-10-22 | Intervener's book of authorities, Completed on: 2010-10-22 | Attorney General of Ontario |
| 2010-10-22 | Intervener's factum - AG on constitutional question, Completed on: 2010-10-22 | Attorney General of Ontario |
| 2010-10-20 | Intervener's book of authorities, Completed on: 2010-10-20 | Attorney General of Quebec |
| 2010-10-20 | Intervener's factum - AG on constitutional question, Completed on: 2010-10-20 | Attorney General of Quebec |
| 2010-10-04 | Intervener's book of authorities, Completed on: 2010-10-04 | East Prairie Métis Settlement |
| 2010-10-04 | Intervener's factum, Completed on: 2010-10-04 | East Prairie Métis Settlement |
| 2010-09-17 | Correspondence received from, T. R. Owen dated Sept. 17/10 re: confirming Robert Houston, Q.C. to act as Ottawa agent (by e-mail) | Elizabeth Métis Settlement |
| 2010-09-15 | Respondent's book of authorities, Completed on: 2010-09-22 | Barbara Cunningham |
| 2010-09-15 | Respondent's factum, CD missing - Rec'd on September 21, 2010, Completed on: 2010-09-22 | Barbara Cunningham |
| 2010-09-15 | Appeal perfected for hearing | |
| 2010-09-14 | Letter sent to Intervener(s) | |
| 2010-09-13 | Letter sent to Intervener(s) | |
| 2010-09-13 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2010-09-13 |
Decision on the motion for leave to intervene, Abe, The motions for leave to intervene of Canadian Association for Community Living, Elizabeth Métis Settlement, Women’s Legal Education and Action Fund, East Prairie Métis Settlement, Aboriginal Legal Services of Toronto Inc., Gift Lake Métis Settlement; Native Women’s Association of Canada, Métis Nation of Alberta and Métis National Council are granted and the said nine groups of intervener shall be entitled to each serve and file a factum not to exceed 10 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene of Métis Settlements General Council is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. 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 |
|
| 2010-09-13 | Submission of motion for leave to intervene, Abe | |
| 2010-09-03 | Response to the motion for leave to intervene, (Letter Form), from Robert Normey dated Sept. 3/10 (sur-response to Gift Lake Métis Settlement), Completed on: 2010-09-03 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-09-03 | Reply to the motion for leave to intervene, (Letter Form), from Jason Madden dated Sept. 3/10, Completed on: 2010-09-03 | Métis National Council |
| 2010-09-02 | Reply to the motion for leave to intervene, Completed on: 2010-09-02 | Aboriginal Legal Services of Toronto Inc. |
| 2010-09-01 | Reply to the motion for leave to intervene, (Letter Form), from Garry Appelt dated Sept 1/10, Completed on: 2010-09-01 | Métis Settlements General Council |
| 2010-09-01 | Reply to the motion for leave to intervene, (Letter Form), from Sandeep K. Dhir dated Sept. 1/10, Completed on: 2010-09-01 | Gift Lake Métis Settlement |
| 2010-09-01 | Reply to the motion for leave to intervene, (Letter Form), from Jean Teillet dated Aug. 31/10, Completed on: 2010-09-01 | Métis Nation of Alberta |
| 2010-09-01 | Reply to the motion for leave to intervene, (Letter Form), from Thomas R. Owen dated Aug. 31/10, Completed on: 2010-09-01 | Elizabeth Métis Settlement |
| 2010-08-31 | Response to the motion for leave to intervene, (Letter Form), from Jeremy L. Taylor dated Aug. 20/10 (by all interveners), Completed on: 2010-08-31 | Barbara Cunningham |
| 2010-08-27 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Aug. 27/10 (second consent), Completed on: 2010-08-27 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-08-27 | Reply to the motion for leave to intervene, Completed on: 2010-08-27 | East Prairie Métis Settlement |
| 2010-08-27 | Response to the motion for leave to intervene, (Letter Form), Robert Normey dated Aug. 27/10 (by all other interveners), Completed on: 2010-08-27 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-08-24 | Response to motion to extend time, to file motion for leave to intervene (by e-mail), included in motion to ext. time from Métis Settlements General Council, Completed on: 2010-08-24 | Barbara Cunningham |
| 2010-08-24 | Response to motion to extend time, to file motion for leave to intervene (by e-mail), included in the mot. to ext. time from Métis Settlements General Council, Completed on: 2010-08-24 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-08-24 | Motion to extend time, to file motion for leave to intervene (bookform), Completed on: 2010-08-24 | Métis Settlements General Council |
| 2010-08-23 | Response to the motion for leave to intervene, (Letter Form), from Robert Normey dated Aug. 23/10 (by Can. Ass. of Community Living and Aboriginal Legal Serv.), Completed on: 2010-08-23 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-08-19 | Intervener's book of authorities, (on motion), Completed on: 2010-08-19 | Métis Settlements General Council |
| 2010-08-19 | Motion for leave to intervene, (bookform)-Ext. of time requested (1 day late) - rec'd Aug. 24, 2010, Completed on: 2010-08-24 | Métis Settlements General Council |
| 2010-08-18 | Motion for leave to intervene, (bookform)- Service to follow (rec'd Aug. 19/10), Completed on: 2010-08-19 | Métis National Council |
| 2010-08-18 | Motion for leave to intervene, (bookform) -Service to follow (rec'd Aug. 19/10), Completed on: 2010-08-19 | Métis Nation of Alberta |
| 2010-08-18 | Motion for leave to intervene, (bookform), Completed on: 2010-08-18 | Native Women's Association of Canada |
| 2010-08-18 | Motion for leave to intervene, (Bookform), Completed on: 2010-08-18 | Gift Lake Métis Settlement |
| 2010-08-17 | Motion for leave to intervene, (bookform)-Service missing (rec'd Aug. 19/10), Completed on: 2010-08-19 | Elizabeth Métis Settlement |
| 2010-08-17 | Intervener's book of authorities, (on motion), Completed on: 2010-08-17 | Canadian Association for Community Living |
| 2010-08-17 | Motion for leave to intervene, (bookform), Completed on: 2010-08-17 | Canadian Association for Community Living |
| 2010-08-17 | Motion for leave to intervene, (bookform), Completed on: 2010-08-17 | Women's Legal Education and Action Fund |
| 2010-08-16 | Correspondence received from, Gowlings by e-mail, re.: request for 3 reserved seats at the hearing | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-08-16 | Motion for leave to intervene, (bookform), Completed on: 2010-08-16 | East Prairie Métis Settlement |
| 2010-08-13 | Motion for leave to intervene, (bookform), Completed on: 2010-08-13 | Aboriginal Legal Services of Toronto Inc. |
| 2010-07-21 | Appellant's book of authorities, Completed on: 2010-07-21 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-07-21 | Appellant's record, (5 volumes), Completed on: 2010-07-21 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-07-21 | Appellant's factum, Completed on: 2010-07-21 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-12-16, (start time 9:00 am) Judgment reserved |
|
| 2010-06-04 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2010-06-03 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 2010-06-03 | Notice of intervention respecting a constitutional question, CD received | Attorney General of Quebec |
| 2010-05-21 | Acknowledgement and consent for video taping of proceedings, consent of Kevin Feth and Jeremy Taylor | |
| 2010-05-07 | Notice of constitutional question(s) | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-04-28 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2010-04-28 |
Decision on the motion to state a constitutional question, CJ, 1. Do ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? 2. If so, 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? 3. Do ss. 75 and/or 90 of the Settlements Act, R.S.A. 2000, c. M-14, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, 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? 5. Do ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 of the Canadian Charter of Rights and Freedoms? 6. If so, 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? Granted |
|
| 2010-04-15 | Submission of motion to state a constitutional question, CJ | |
| 2010-04-07 | Response to the motion to state a constitutional question, (Letter Form), from Jeremy L. Taylor dated Apr. 7/10, Completed on: 2010-04-07 | Barbara Cunningham |
| 2010-03-31 | Notice of appeal, Completed on: 2010-03-31 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-03-31 | Motion to state a constitutional question, Completed on: 2010-03-31 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2010-03-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-03-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-03-12 | Judgment on leave sent to the parties | |
| 2010-03-11 |
Judgment of the Court on the application for leave to appeal, The motion to add the East Prairie Métis Settlement as a party and the motions for leave to intervene by the Elizabeth Métis Settlement and the Métis Settlements General Council are dismissed without costs and without prejudice to their right to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0703-0275-AC, 2009 ABCA 239, dated June 26, 2009, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2010-03-11 |
Decision on motion for leave to intervene, (see judgment above) Dismissed, without costs |
|
| 2010-03-11 |
Decision on motion to add or substitute parties, (see judgment above) Dismissed, without costs |
|
| 2009-12-21 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-12-21 | Submission of motion for leave to intervene, CJ Abe Ro | |
| 2009-12-21 | Submission of motion to add or substitute parties, CJ Abe Ro | |
| 2009-11-05 | Reply to motion to add or substitute parties, (Letter Form), from Marie-France Major dated Nov. 5/09, Completed on: 2009-11-05 | East Prairie Métis Settlement |
| 2009-11-04 | Applicant's reply to respondent's argument, Completed on: 2009-11-04 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-11-02 | Response to the motion for leave to intervene, (Letter Form), from Jeremy L. Taylor, dated Nov.2/09, (by Elizabeth Métis Settlement), Completed on: 2009-11-02 | Barbara Cunningham |
| 2009-10-28 | Response to the motion for leave to intervene, (Letter Form), from Robert Normey dated Oct. 28/09 (by Elizabeth Métis Settlement), Completed on: 2009-10-28 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-10-26 | Response to the motion for leave to intervene, (bookform) (Métis Settlements General Council), Completed on: 2009-10-26 | Barbara Cunningham |
| 2009-10-26 | Respondent's response on the application for leave to appeal, Completed on: 2009-10-26 | Barbara Cunningham |
| 2009-10-26 | Response to motion to add or substitute parties, (bookform) or alternatively for leave to intervene (East Prairie Métis Settlement), Completed on: 2009-10-26 | Barbara Cunningham |
| 2009-10-26 | Motion for leave to intervene, (bookform) Proof of service missing (rec'd Nov.2-09), Completed on: 2009-11-03 | Elizabeth Métis Settlement |
| 2009-10-23 | Motion for leave to intervene, (bookform) new covers, notice and affidavit requested (rec'd Oct.29-09) 3 extra copies req. (rec'd Nov.9-09), Completed on: 2009-11-12 | Métis Settlements General Council |
| 2009-10-21 | Response to the motion for leave to intervene, (Letter Form), from Robert Normey dated Oct. 21/09 (by Métis Settlements General Council), Completed on: 2009-10-21 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-10-05 | Correspondence received from, Jeffrey Beedell, dated Oct.5-09, Re: maintain request to be added as a party or alternatively as intervener. | East Prairie Métis Settlement |
| 2009-10-02 | Correspondence received from, (Letter Form), Jeremy L. Taylor, dated Oct.2-09, Re : will be responding to the motion together with their response to application | Barbara Cunningham |
| 2009-10-02 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2009-10-02 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-10-02 | Correspondence received from, Henry S. Brown, dated Oct.2-09, Re: affidavit of Cameron Henry to be added in appl. | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-09-28 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2009-09-25 | Book of authorities | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-09-25 | Application for leave to appeal, Final CA Order missing (draft form rec'd Oct.14-09) final rec'd Nov.25-09, Completed on: 2009-11-30 | Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) |
| 2009-09-23 | Motion to add or substitute parties, Filed together with application for leave to appeal, Completed on: 2009-09-23 | East Prairie Métis Settlement |
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 |
|---|---|---|
| Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development) | Appellant | Active |
| Registrar, Métis Settlements Land Registry | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cunningham, Barbara | Respondent | Active |
| John Kenneth Cunningham, Lawrent (Lawrence) Cunningham, Ralph Cunningham, Lynn Noskey, Gordon Cunningham, Roger Cunningham and Ray Stuart | Respondent | Active |
| Peavine Métis Settlement | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| East Prairie Métis Settlement | Intervener | Active |
| Aboriginal Legal Services of Toronto Inc. | Intervener | Active |
| Women's Legal Education and Action Fund | Intervener | Active |
| Canadian Association for Community Living | Intervener | Active |
| Elizabeth Métis Settlement | Intervener | Active |
| Gift Lake Métis Settlement | Intervener | Active |
| Native Women's Association of Canada | Intervener | Active |
| Métis Nation of Alberta | Intervener | Active |
| Métis National Council | Intervener | Active |
| Métis Settlements General Council | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development)
Counsel
Robert J. Normey
David N. Kamal
David N. Kamal
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
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
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: Registrar, Métis Settlements Land Registry
Counsel
Robert J. Normey
David Kamal
David Kamal
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
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
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: Cunningham, Barbara
Counsel
Kevin Feth, Q.C.
Jeremy L. Taylor
Jeremy L. Taylor
Field LLP
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: John Kenneth Cunningham, Lawrent (Lawrence) Cunningham, Ralph Cunningham, Lynn Noskey, Gordon Cunningham, Roger Cunningham and Ray Stuart
Counsel
Kevin Feth, Q.C.
Jeremy L. Taylor
Jeremy L. Taylor
Field LLP
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Peavine Métis Settlement
Counsel
Kevin Feth, Q.C.
Jeremy L. Taylor
Jeremy L. Taylor
Field LLP
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
2000 Oxford Tower, 10235 - 101 Street N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7626
FAX: (780) 424-7116
Email: kfeth@fieldlaw.com
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: East Prairie Métis Settlement
Counsel
Richard B. Hajduk
Rodger C. Gibbs
Jeffrey Beedell
Rodger C. Gibbs
Jeffrey Beedell
Hajduk Gibbs LLP
202 Platinum Place
10120 118 St. N.W.
Edmonton, Alberta
T5K 1Y4
Telephone: (780) 428-4258
FAX: (780) 425-9439
Email: r.hajduk@hajdukandgibbs.com
202 Platinum Place
10120 118 St. N.W.
Edmonton, Alberta
T5K 1Y4
Telephone: (780) 428-4258
FAX: (780) 425-9439
Email: r.hajduk@hajdukandgibbs.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Métis Settlements General Council
Counsel
Garry Appelt
Keltie Lambert
Keltie Lambert
Witten LLP
2500, 10303 Jasper Ave.
Edmonton, Alberta
T5J 3N6
Telephone: (780) 428-0501
FAX: (780) 429-2559
2500, 10303 Jasper Ave.
Edmonton, Alberta
T5J 3N6
Telephone: (780) 428-0501
FAX: (780) 429-2559
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Party: Attorney General of Quebec
Counsel
Isabelle Harnois
Procureur général du Québec
1200, Route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
1200, Route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Saskatchewan
Counsel
P. Mitch McAdam
James Fyfe
James Fyfe
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
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: Attorney General of Ontario
Counsel
Janet E. Minor
Mark Crow
Mark Crow
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Aboriginal Legal Services of Toronto Inc.
Counsel
Jonathan Rudin
Mandy Wesley
Mandy Wesley
Aboriginal Legal Services of Toronto Inc.
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041
FAX: (416) 408-4268
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041
FAX: (416) 408-4268
Agent
Chantal Tie
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Women's Legal Education and Action Fund
Counsel
Joanna L. Birenbaum
Dianne Pothier
Dianne Pothier
Women's Legal Education and Action Fund
703 - 60 St. Clair Ave. E
Toronto, Ontario
M4T 1N5
Telephone: (416) 595-7170 Ext: 223
FAX: (416) 595-7191
Email: j.birenbaum@leaf.ca
703 - 60 St. Clair Ave. E
Toronto, Ontario
M4T 1N5
Telephone: (416) 595-7170 Ext: 223
FAX: (416) 595-7191
Email: j.birenbaum@leaf.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Canadian Association for Community Living
Counsel
Laurie Letheren
C. Tess Sheldon
C. Tess Sheldon
ARCH Disability Law Centre
425 Bloor Street East
Suite 110
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: letherel@lao.on.ca
425 Bloor Street East
Suite 110
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: letherel@lao.on.ca
Agent
Michael Bossin
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Elizabeth Métis Settlement
Counsel
Thomas R. Owen
Tara Rout
Tara Rout
Owen Law
1660 Phipps-McKinnon Building
10020 101A Avenue
Edmonton, Alberta
T5J 3G2
Telephone: (780) 408-7862
FAX: (780) 423-3462
Email: tom.owen@owenlaw.ca
1660 Phipps-McKinnon Building
10020 101A Avenue
Edmonton, Alberta
T5J 3G2
Telephone: (780) 408-7862
FAX: (780) 423-3462
Email: tom.owen@owenlaw.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Gift Lake Métis Settlement
Counsel
Sandeep K. Dhir
Lindsey E. Miller
Lindsey E. Miller
Field LLP
2000 Oxford Tower
10235 - 101 St. N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7587
FAX: (780) 428-9329
Email: sdir@fieldlaw.com
2000 Oxford Tower
10235 - 101 St. N.W.
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-7587
FAX: (780) 428-9329
Email: sdir@fieldlaw.com
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Native Women's Association of Canada
Counsel
Mary Eberts
Law Office of Mary Eberts
P.O. Box 19047
Station Walmer
Toronto, Ontario
M5S 1X1
Telephone: (416) 966-0404
FAX: (416) 966-2999
Email: maryeberts@bellnet.ca
P.O. Box 19047
Station Walmer
Toronto, Ontario
M5S 1X1
Telephone: (416) 966-0404
FAX: (416) 966-2999
Email: maryeberts@bellnet.ca
Agent
Michael A. Chambers
Maclaren Corlett
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
Party: Métis Nation of Alberta
Counsel
Beverly J.M. (Jean) Teillet
Pape Salter Teillet LLP
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
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: Métis National Council
Counsel
Jason Madden
Clément Chartier, Q.C.
Kathy Hodgson-Smith
Clément Chartier, Q.C.
Kathy Hodgson-Smith
JTM Law
28 Hawthorn Avenue
Toronto, Ontario
M4W 2Z2
Telephone: (416) 945-7958
FAX: (416) 981-3162
Email: jason@jtmlaw.ca
28 Hawthorn Avenue
Toronto, Ontario
M4W 2Z2
Telephone: (416) 945-7958
FAX: (416) 981-3162
Email: jason@jtmlaw.ca
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
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 and Freedoms, s. 15 - Constitutional law - Right to equality - Aboriginal law - Métis - Respondents’ membership in the Peavine Métis Settlement terminated pursuant to s. 90 of the Métis Settlements Act after they voluntarily registered as Indians under the Indian Act, R.S.C. 1985, c. I-5 - Section 75 of the MSA prohibits individuals with Indian status from obtaining Métis settlement membership - Do ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? - If so, 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? - Do ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, 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? - Do ss. 75 and/or 90 of the Métis Settlements Act, R.S.A. 2000, c. M-14, infringe s. 15 of the Canadian Charter of Rights and Freedoms? - If so, 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?
The respondents are individuals whose membership in the Peavine Métis Settlement was terminated pursuant to s. 90 of the Métis Settlements Act (“MSA”), which calls for the removal of Métis settlement members who voluntarily register as Indians under the Indian Act. Section 75 of the MSA prohibits individuals with Indian status from obtaining Métis settlement membership. The respondents’ names were removed from its membership list by the appellant, Registrar, Métis Settlements Land Registry, pursuant to a list from the then Peavine Council (a new Council has been subsequently elected). The chambers judge denied the respondents’ request for a declaration that ss. 75 and 90(1)(a) of the MSA breach ss. 2(d), 7, and/or 15(1) of the Charter. The Court of Appeal allowed the appeal, granted the respondents a declaration of constitutional invalidity of ss. 75 and 90 of the MSA and a direction of severance regarding those provisions, together with an order directing the Registrar to restore the respondents’ names to Peavine’s membership list. It ordered the relief to be retroactive and it declined the request that these remedies be suspended for a period of time.
Lower court rulings
August 14, 2007
Court of Queen’s Bench of Alberta
0603 14676, 2007 ABQB 517
Court of Queen’s Bench of Alberta
0603 14676, 2007 ABQB 517
Application dismissed
June 26, 2009
Court of Appeal of Alberta (Edmonton)
0703-0275-AC, 2009 ABCA 239
Court of Appeal of Alberta (Edmonton)
0703-0275-AC, 2009 ABCA 239
Appeal is allowed, ss. 75 and 90 of the Metis Settlement Act, R.S.S. 2000, c. M-14 declared to be of no force and effect; Registrar directed to restore respondents' names to the Peavine Metis Settlements' membership list
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.
Downloadable PDFs
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Related links
Date modified: 2025-02-27