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Case information

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34404

Sally Behn, et al. v. Moulton Contracting Ltd., et al.

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-10-11 Appeal closed
2013-10-10 Certificate of taxation issued to, Charles F. Willms
2013-10-10 Decision on the bill of costs, in the amount of $9,806.83, Reg
2013-10-10 Submission of the bill of costs, Reg
2013-06-07 Bill of costs, service and fee missing - rec'd July 3/13, Completed on: 2013-07-03 Moulton Contracting Ltd.
2013-05-10 Formal judgment sent to the registrar of the court of appeal and all parties
2013-05-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-05-09 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038107, 2011 BCCA 311, dated July 6, 2011, heard on December 11, 2012, is dismissed with costs to the respondent Moulton Contracting Ltd.
Dismissed, with costs
2013-02-12 Correspondence received from, Brian McLaughlin dated February 12, 2013. Re: Citing a decision 2013 BCCA 58 Attorney General of Canada
2012-12-21 Transcript received, (132 pages)
2012-12-17 Supplemental document, from Gowlings, Re: Supreme Court of BC judgment dated Aug.26/11 and memorandum to counsel from Justice Saunders dated Dec.7/12 (sent to panel on Jan.2/13), Completed on: 2012-12-17 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-12-11 Judgment reserved OR rendered with reasons to follow
2012-12-11 Hearing of the appeal, 2012-12-11, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2012-12-11 Intervener's condensed book, (14 copies) distributed at the hearing Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-12-11 Intervener's condensed book, (14 copies) distributed at the hearing Attorney General of Canada
2012-12-11 Respondent's condensed book, (14 copies) distributed at the hearing Her Majesty the Queen in the Right of the Province of British Columbia
2012-12-11 Respondent's condensed book, (14 copies) distributed at the hearing Moulton Contracting Ltd.
2012-12-11 Appellant's condensed book, (14 copies) distributed at the hearing Sally Behn
2012-12-11 Acknowledgement and consent for video taping of proceedings, from all parties
2012-12-10 Correspondence received from, Mr. Meehan dated Dec. 10/12 re: correction to footnotes of the Chief Sally Sam's factum (sent to the Court Dec. 11/12) - new CD requested (rec'd Dec.13/12) Chief Sally Sam and Maiyoo Keyoh Society
2012-11-29 Correspondence received from, Gowlings, by email Re: request for reserved seats Sally Behn
2012-11-27 Correspondence received from, Charles F. WIllms, dated Nov. 26/12, by fax, Re: order of speakers Moulton Contracting Ltd.
2012-11-23 Notice of appearance, Brian McLaughlin will be present at the hearing Attorney General of Canada
2012-11-21 Correspondence received from, Christopher G. Devlin, Re: 3 reserved seats Chief Sally Sam and Maiyoo Keyoh Society
2012-11-19 Notice of appearance, Keith J. Phillips and Joel Oliphant will be present at the hearing Her Majesty the Queen in the Right of the Province of British Columbia
2012-11-13 Notice of appearance, Allisun Rana and Julie Tannahill will be present at the hearing Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-11-13 Notice of appearance, Christopher Devlin and John Gailus will be present at the hearing Chief Sally Sam and Maiyoo Keyoh Society
2012-11-13 Supplemental document, (Book of authorities), Completed on: 2012-11-13 Sally Behn
2012-11-13 Notice of appearance, Jean Teillet and Nuri G. Frame will be present at the hearing Moose Cree First Nation
2012-11-09 Notice of appearance, John Hurley and François Dandonneau will be present at the hearing Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-11-08 Notice of appearance, John J.L. Hunter, Q.C., Mark S. Oulton and Stephanie L. McHugh will be present at the hearing Council of Forest Industries and Alberta Forest Products Association
2012-11-08 Notice of appearance, Charles F. Willms and Bridget Gilbride will be present at the hearing Moulton Contracting Ltd.
2012-10-17 Order by, Ro, FURTHER TO THE ORDERS dated August 21 and September 13, 2012, granting leave intervene to the Attorney General of Canada, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Chief Sally Sam and Maiyoo Keyoh Society, the Council of Forest Industries and Alberta Forest Products Association, Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation and the Moose Cree First Nation;
IT IS HEREBY FURTHER ORDERED THAT the six groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted, no order as to costs
2012-10-16 Intervener's book of authorities, (2 volumes), Completed on: 2012-10-16 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-10-16 Intervener's book of authorities, Completed on: 2012-10-16 Moose Cree First Nation
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Moose Cree First Nation
2012-10-16 Intervener's book of authorities, Completed on: 2012-10-16 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-10-16 Intervener's book of authorities, Completed on: 2012-10-16 Chief Sally Sam and Maiyoo Keyoh Society
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Chief Sally Sam and Maiyoo Keyoh Society
2012-10-16 Intervener's factum, Completed on: 2012-10-16 Council of Forest Industries and Alberta Forest Products Association
2012-10-12 Intervener's book of authorities, Completed on: 2012-10-12 Attorney General of Canada
2012-10-12 Intervener's factum, Completed on: 2012-10-12 Attorney General of Canada
2012-09-13 Correspondence (sent by the Court) to, Peter R. Grant in resonse to his letter of Aug. 27/12
2012-09-13 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-09-13 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Moose Cree First Nation for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Moose Cree First Nation 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 October 16, 2012.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener is not 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Granted
2012-09-13 Submission of motion for leave to intervene, Ro
2012-09-12 Response to the motion for leave to intervene, email from Gowlings dated Sept. 12/12 (to Moose Cree), Completed on: 2012-09-12 Sally Behn
2012-09-12 Response to the motion for leave to intervene, (Letter Form), from Keith J. Phillips dated Sept. 11/12 (to Moose Cree), Completed on: 2012-09-12 Her Majesty the Queen in the Right of the Province of British Columbia
2012-09-11 Response to the motion for leave to intervene, (Letter Form), from Charles F. Willms dated Sept. 11/12 (to Moose Cree), Completed on: 2012-09-11 Moulton Contracting Ltd.
2012-09-07 Motion for leave to intervene, (Book Form), (joint with an extension of time), Completed on: 2012-09-10 Moose Cree First Nation
2012-08-31 Respondent's record, Completed on: 2012-09-07 Moulton Contracting Ltd.
2012-08-31 Respondent's book of authorities, Completed on: 2012-09-07 Moulton Contracting Ltd.
2012-08-31 Respondent's factum, cd to come (rec'd Sept.6/12), Completed on: 2012-09-07 Moulton Contracting Ltd.
2012-08-31 Appeal perfected for hearing
2012-08-30 Respondent's record, Completed on: 2012-08-30 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-30 Respondent's book of authorities, Completed on: 2012-08-30 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-30 Respondent's factum, Completed on: 2012-08-30 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-27 Correspondence received, Peter Grant dated Aug. 27/12 and rec'd by fax re: intervention
2012-08-21 Order on motion to add or substitute parties, (BY ROTHSTEIN J.)
2012-08-21 Decision on motion to add or substitute parties, Ro, UPON APPLICATION by Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation for an order changing their status from respondents to appellants or interveners.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted in part without costs. Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation are redesignated as interveners and are allowed to file a single factum not to exceed 10 pages on or before October 16, 2012.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener is not 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 intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Allowed in part, without costs
2012-08-21 Submission of motion to add or substitute parties, Ro
2012-08-21 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2012-08-21 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Alberta, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Ochapowace Indian Band # 71, the Chief Sally Sam and Maiyoo Keyoh Society, the Council of Forest Industries and Alberta Forest Products Association and Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Canada, the Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority, the Chief Sally Sam and Maiyoo Keyoh Society and the Council of Forest Industries and Alberta Forest Products Association are granted and the said four groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before October 16, 2012.
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 are not 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 interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The motions for leave to intervene of the Attorney General of Alberta, the Ochapowace Indian Band # 71 and Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs are dismissed
Allowed in part
2012-08-21 Submission of motion for leave to intervene, Ro
2012-08-17 Reply to motion to add or substitute parties, (Book Form), Completed on: 2012-08-17 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-08-16 Reply to the motion for leave to intervene, (Book Form), Completed on: 2012-08-16 Chief Sally Sam and Maiyoo Keyoh Society
2012-08-10 Response to the motion for leave to intervene, (Book Form), (to all interveners), Completed on: 2012-08-10 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-10 Response to motion to add or substitute parties, (Book Form), Completed on: 2012-08-10 Her Majesty the Queen in the Right of the Province of British Columbia
2012-08-10 Response to motion to add or substitute parties, (Book Form), Completed on: 2012-08-10 Moulton Contracting Ltd.
2012-08-03 Notice of appearance, Robert Janes, Karey Brooks and Sharah Sharp will be appearing Sally Behn
2012-08-03 Correspondence received from, Gowlings by email on Aug. 3/12 re: 4 reserved seats Sally Behn
2012-08-03 Intervener's book of authorities, (Book Form), On motion for intervention, Completed on: 2012-08-03 Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs
2012-08-03 Response to motion to add or substitute parties, email from Sarah E. Sharp dated Aug. 2/12, Completed on: 2012-08-03 Sally Behn
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Ochapowace Indian Band # 71
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Chief Sally Sam and Maiyoo Keyoh Society
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Attorney General of Alberta
2012-08-03 Motion for leave to intervene, (Book Form), Completed on: 2012-08-03 Council of Forest Industries and Alberta Forest Products Association
2012-08-03 Motion for leave to intervene, (Book Form), Fees to follow (received Aug. 9), Completed on: 2012-08-09 Kelah, on behalf of the Wet'suwet'en House of Ginehklaiyex and Wet'suwet'en Treaty Office Society, on behalf of the Wet'suwet'en Chiefs
2012-08-02 Motion for leave to intervene, (Book Form), Completed on: 2012-08-02 Attorney General of Canada
2012-07-31 Motion to add or substitute parties, changing their status from respondents to appellants or interveners (fees to follow, received Aug. 9), Completed on: 2012-08-09 Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation
2012-07-31 Motion for leave to intervene, (Book Form), Completed on: 2012-07-31 Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority
2012-07-24 Notice of hearing sent to parties
2012-07-19 Appeal hearing scheduled, 2012-12-11, (Early start 9:00a.m.)
Judgment reserved
2012-07-06 Appellant's record, Completed on: 2012-07-06 Sally Behn
2012-07-06 Appellant's book of authorities, (2 volumes filed), Completed on: 2012-07-06 Sally Behn
2012-07-06 Appellant's factum, Completed on: 2012-07-06 Sally Behn
2012-05-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-04-27 Notice of deposit for security Sally Behn
2012-04-13 Notice of appeal, Completed on: 2012-04-13 Sally Behn
2012-04-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-04-10 Judgment on leave sent to the parties
2012-04-05 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038107, 2011 BCCA 311, dated July 6, 2011, is granted with costs in the cause.
Granted, with costs in the cause
2012-02-06 All materials on application for leave submitted to the Judges, CJ Ro Mo
2011-10-03 Applicant's reply to respondent's argument, Completed on: 2011-10-03 Sally Behn
2011-09-23 Respondent's response on the application for leave to appeal, Completed on: 2011-09-23 Her Majesty the Queen in the Right of the Province of British Columbia
2011-09-23 Respondent's response on the application for leave to appeal, Completed on: 2011-09-23 Moulton Contracting Ltd.
2011-09-01 Letter acknowledging receipt of a complete application for leave to appeal
2011-08-26 Book of authorities Sally Behn
2011-08-25 Application for leave to appeal, Completed on: 2011-08-25 Sally Behn

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Behn, Sally Appellant Active
Behn, Susan Appellant Active
Behn, Richard Appellant Active
Behn, Greg Appellant Active
Behn, Rupert Appellant Active
Behn, Lovey Appellant Active
Behn, Mary Appellant Active
Behn, George Appellant Active

v.

Main parties - Respondents
Name Role Status
Moulton Contracting Ltd. Respondent Active
Her Majesty the Queen in the Right of the Province of British Columbia Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation Intervener Active
Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority Intervener Active
Chief Sally Sam and Maiyoo Keyoh Society Intervener Active
Council of Forest Industries and Alberta Forest Products Association Intervener Active
Moose Cree First Nation Intervener Active

Counsel

Party: Behn, Sally

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, Susan

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, Richard

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, Greg

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, Rupert

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, Lovey

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, Mary

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Behn, George

Counsel
Robert J.M. Janes
Karey Brooks
Sarah Sharp
Janes Freedman Kyle Law Corporation
1122 Mainland Street
Suite 340
Vancouver, British Columbia
V6B 5L1
Telephone: (250) 405-3460
FAX: (250) 381-8567
Email: rjanes@jfklaw.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

Party: Moulton Contracting Ltd.

Counsel
Charles F. Willms
Katey Grist
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: cwillms@fasken.com
Agent
Stephen B. Acker
Fasken Martineau DuMoulin LLP
1300 - 55 Metcalfe St.
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-3882
FAX: (613) 230-6423
Email: sacker@fasken.com

Party: Her Majesty the Queen in the Right of the Province of British Columbia

Counsel
Keith J. Phillips
Joel Oliphant
Attorney General of British Columbia
3rd Floor, 1405 Douglas Street
P.O. Box 9270 Station Prov Govt
Victoria, British Columbia
V8W 9J5
Telephone: (250) 356-6523
FAX: (250) 387-0343
Email: keith.phillips@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Chief Liz Logan, on behalf of herself and all other members of the Fort Nelson First Nation and the said Fort Nelson First Nation

Counsel
Allisun Rana
Allison Russell
Julie Tannahill
Rana Law
102, 620-12th Avenue SW
Calgary, Alberta
T2R 0H5
Telephone: (403) 455-3673
FAX: (403) 452-9803
Email: allisun@ranalaw.com
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

Party: Grand Council of the Crees (Eeyou Istchee)/Cree Regional Authority

Counsel
John Hurley
Gowling WLG (Canada) LLP
1 Place Ville-Marie, 37th Floor
Montreal, Quebec
H3B 3P4
Telephone: (514) 878-9641
FAX: (514) 878-1450
Email: john.hurley@gowlingwlg.com
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

Party: Attorney General of Canada

Counsel
Brian McLaughlin
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-2715
FAX: (604) 666-2710
Email: brian.mclaughlin@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 50, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Chief Sally Sam and Maiyoo Keyoh Society

Counsel
Christopher G. Devlin
John Gailus
Devlin Gailus
633 Courtney Street
Suite C-100, Nootka Court
Victoria, British Columbia
V8W 1B9
Telephone: (250) 361-9469
FAX: (250) 361-9429
Email: christopher@devlingailus.com
Agent
Marie-France Major
Supreme Advocacy LLP
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Council of Forest Industries and Alberta Forest Products Association

Counsel
John J. L. Hunter, Q.C.
Mark S. Oulton
Hunter Litigation Chambers Law Corporation
2100 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2401
FAX: (604) 647-4554
Email: jhunter@litigationchambers.com
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

Party: Moose Cree First Nation

Counsel
Jean Teillet
Nuri G. Frame
Pape Salter Teillet LLP
546 Euclid Avenue
Toronto, Ontario
M6G 2T2
Telephone: (416) 916-2989
FAX: (416) 916-3726
Email: jteillet@pstlaw.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

Summary

Keywords

None.

Summary

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Aboriginal law Treaty rights Logging Duty to consult Civil procedure Standing Collateral attack Whether the courts below erred in holding that the appellants had no standing to raise the treaty rights defences Whether the courts below erred in holding that the treaty rights defences constituted an impermissible collateral attack.

The Crown granted the respondent Moulton Contracting Inc. two timber sale licences and one road permit by which it could log certain areas of land located within the Behn Family Territory. That territory is located within the Treaty 8 territory of the Fort Nelson First Nation. The appellants are members of the Behn family and are, with one exception, members of the Fort Nelson First Nation. After Moulton’s access to the area was impeded by at least some of the appellants, Moulton filed a claim for damages against them, the First Nation and their Chief, and the Crown. In their statement of defence, the appellants denied, inter alia, that their acts were unlawful because, they alleged, the licenses and permit were issued unlawfully and gave no rights to harvest the timber or access the area. They alleged that the Crown both failed to consult adequately with the Fort Nelson First Nation prior to issuing the licences and permit to Moulton and, in issuing the instruments, interfered with the ability of the Fort Nelson First Nation to exercise its Treaty 8 rights meaningfully. In their view, this constituted an impermissible intrusion into the exclusive legislative jurisdiction of Parliament. The Crown and Moulton successfully applied to have paragraphs of the appellants’ statement of defence struck on the basis that the appellants did not have standing to advance constitutional arguments relating to treaty rights that belong to the Fort Nelson First Nation, and that it was plain and obvious that the pleadings disclosed no reasonable defence or that they constituted an abuse of process.

Lower court rulings

April 15, 2010
Supreme Court of British Columbia

S067611, 2010 BCSC 506

Applications by Moulton and the Crown to have portions of applicants’ pleadings struck out granted in part
July 6, 2011
Court of Appeal for British Columbia (Vancouver)

CA038107, 2011 BCCA 311

Appeal from order striking paragraphs from amended statement of defence dismissed

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Date modified: 2025-02-27