Case information
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35518
Chief Sheldon Taypotat, et al. v. Louis Taypotat
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-06-03 | Appeal closed | |
| 2015-05-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-05-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-05-28 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga, The appeal from the judgment of the Federal Court of Appeal, Number A-427-12, 2013 FCA 192, dated August 13, 2013, heard on October 9, 2014, is allowed with costs and the decision of de Montigny J. is restored. Allowed, with costs |
|
| 2014-10-27 | Transcript received, 75 Pages | |
| 2014-10-09 | Judgment reserved OR rendered with reasons to follow | |
| 2014-10-09 | Respondent's condensed book, (Book Form), 14 copies, submitted in Court | Louis Taypotat |
| 2014-10-09 | Appellant's condensed book, (Book Form), 14 copies, submitted in Court | Chief Sheldon Taypotat |
| 2014-10-09 |
Hearing of the appeal, 2014-10-09, CJ Abe Cro Mo Ka Wa Ga Judgment reserved |
|
| 2014-09-26 | Notice of appearance, Mervin Phillips, Leane Phillips and Moira Dillon will be present | Louis Taypotat |
| 2014-09-26 | Notice of appearance, Eugene Meehan, Q.C., Marie-France Major, James D. Jodouin and Marcus R. Davies will be present | Chief Sheldon Taypotat |
| 2014-09-05 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-10-09 Judgment reserved |
|
| 2014-08-07 | Order on motion to directions, (by MOLDAVER J.) | |
| 2014-08-07 |
Decision on motion for directions, Mo, UPON APPLICATION by the respondent for directions and for an order granting leave to adduce fresh evidence, namely the affidavit of Louis Earl Taypotat sworn June 27, 2014, and the exhibits attached thereto; AND UPON APPLICATION by the respondent for an order granting leave to refer to this evidence in its factum and in its oral submissions before this Court; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part, with costs. The affidavit of Mr. Taypotat is not admissible as fresh evidence. However, given the public nature of the information and the limited use to which it is to be put, the affidavit should be filed to complete the record before this Court. The parties may refer to this evidence in their factum and in their oral submissions. Allowed in part |
|
| 2014-08-07 | Submission of motion for directions, Mo | |
| 2014-08-01 | Reply to motion for directions, (Book Form), Completed on: 2014-08-01, (Electronic version filed on 2014-08-01) | Chief Sheldon Taypotat |
| 2014-07-09 | Response to motion for directions, Completed on: 2014-07-09, (Printed version filed on 2014-07-09) | Chief Sheldon Taypotat |
| 2014-07-02 | Motion for directions, (Book Form), and for leave to adduce new evidence, Completed on: 2014-07-02, (Electronic version filed on 2014-07-02) | Louis Taypotat |
| 2014-06-10 | Appeal perfected for hearing | |
| 2014-06-09 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2014-06-06) | Louis Taypotat |
| 2014-06-06 | Correspondence received from, Moira Dillon re: will file a motion in order to file the election report | Louis Taypotat |
| 2014-06-06 | Respondent's book of authorities, (Book Form), Completed on: 2014-06-06, (Electronic version filed on 2014-06-06) | Louis Taypotat |
| 2014-06-06 | Respondent's record, (Book Form), Completed on: 2014-06-06, (Electronic version filed on 2014-06-06) | Louis Taypotat |
| 2014-06-06 | Respondent's factum, (Book Form), Completed on: 2014-06-09, (Electronic version filed on 2014-06-06) | Louis Taypotat |
| 2014-06-02 | Correspondence received from, (Letter Form), Marie-France Major re: oppose to the filing of the Election Report, (Electronic version filed on 2014-06-02) | Chief Sheldon Taypotat |
| 2014-05-30 | Correspondence received from, (Letter Form), Moira Dillon rec'd by e-mail re: Change affecting the record, (Electronic version filed on 2014-05-30) | Louis Taypotat |
| 2014-05-28 | Order on motion for leave to intervene, (Judge CROMWELL) | |
| 2014-05-28 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by Canada Without Poverty and the Charter Committee on Poverty Issues for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is dismissed without costs. Dismissed, without costs |
|
| 2014-05-28 | Submission of motion for leave to intervene, Cro | |
| 2014-05-20 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-05-26, (Printed version filed on 2014-05-22) | Canada Without Poverty |
| 2014-05-20 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-05-20, (Electronic version filed on 2014-05-20) | Louis Taypotat |
| 2014-05-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-05-13, (Printed version filed on 2014-05-15) | Chief Sheldon Taypotat |
| 2014-05-08 | Motion for leave to intervene, (Book Form), Completed on: 2014-05-08, (Electronic version filed on 2014-05-08) | Canada Without Poverty |
| 2014-05-07 | Notice of constitutional question(s), (Attorney's General served 2014-05-07) | Chief Sheldon Taypotat |
| 2014-05-06 | Order on motion to extend time, (see order stating constitutional questions) | |
| 2014-05-06 |
Decision on motion to extend time, (see order stating constitutional questions), CJ Granted, no order as to costs |
|
| 2014-05-06 | Submission of motion to extend time, CJ | |
| 2014-05-06 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2014-05-06 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions and extending the time within which the appellants may serve and file their motion to state constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion by the appellants to extend the time to serve and file the motion to state constitutional questions is granted, and the constitutional questions are stated as follows: 1. Do paras. 9.03(c) and 10.01(d) of the Kahkewistahaw Election Act infringe s. 15(1) 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? Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than September 25, 2014. Granted |
|
| 2014-05-06 | Submission of motion to state a constitutional question, CJ | |
| 2014-04-17 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-04-17 | Louis Taypotat |
| 2014-04-11 | Motion to extend time, (Letter Form), (Included in the motion to state a constitutional question), Included in the Motion to State a Constitutional Question, Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) | Chief Sheldon Taypotat |
| 2014-04-11 | Motion to state a constitutional question, (Letter Form), Motion to ext. time included , Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) | Chief Sheldon Taypotat |
| 2014-04-11 | Certificate of counsel (attesting to record), (Letter Form) | Chief Sheldon Taypotat |
| 2014-04-11 | Appellant's book of authorities, (Book Form), Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) | Chief Sheldon Taypotat |
| 2014-04-11 | Appellant's record, (Book Form), 4 volumes, Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) | Chief Sheldon Taypotat |
| 2014-04-11 | Appellant's factum, (Book Form), Completed on: 2014-04-11, (Electronic version filed on 2014-04-11) | Chief Sheldon Taypotat |
| 2014-01-17 | Notice of appeal, Completed on: 2014-01-17 | Chief Sheldon Taypotat |
| 2013-12-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-12-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-12-20 | Judgment on leave sent to the parties | |
| 2013-12-19 |
Judgment of the Court on the application for leave to appeal, The motion for an expedited stay of execution is dismissed with costs. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-427-12, 2013 FCA 192, dated August 13, 2013, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-12-19 |
Decision on the motion for a stay of execution, See judgment Dismissed, with costs |
|
| 2013-11-25 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-11-25 | Submission of motion for a stay of execution, CJ Cro Wa | |
| 2013-11-14 | Applicant's reply to respondent's argument, Completed on: 2013-11-14 | Chief Sheldon Taypotat |
| 2013-11-14 | Reply to motion for a stay of execution, (Letter Form), Completed on: 2013-11-14 | Chief Sheldon Taypotat |
| 2013-11-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-11-14 | Louis Taypotat |
| 2013-11-12 | Response to the motion for a stay of execution, (Book Form), (3 add. copies rec'd Nov. 13, 2013), Completed on: 2013-11-14 | Louis Taypotat |
| 2013-11-06 | Correspondence received from, James D. Jodouin dated Nov. 6, 2013 re motion for stay | Chief Sheldon Taypotat |
| 2013-10-31 | Motion for a stay of execution, (Book Form), (and to expedite the motion for stay) (3 add. copies rec'd Nov. 13, 2013), Completed on: 2013-10-31 | Chief Sheldon Taypotat |
| 2013-10-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-10-10 | Application for leave to appeal, (Book Form), Completed on: 2013-10-15 | Chief Sheldon Taypotat |
| 2013-09-11 | Notice of application for leave to appeal, Completed on: 2013-09-11 | Chief Sheldon Taypotat |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Chief Sheldon Taypotat | Appellant | Active |
| Michael Bob, Janice McKay, Iris Taypotat and Vera Wasacase as Chief and Council representatives of the Kahkewistahaw First Nation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Taypotat, Louis | Respondent | Active |
Counsel
Party: Chief Sheldon Taypotat
Counsel
Marcus R. Davies
Eugene Meehan, Q.C.
401 261 1st Ave. N.
Saskatoon, Saskatchewan
S7K 1X2
Telephone: (306) 664-2468
FAX: (306) 664-2469
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Michael Bob, Janice McKay, Iris Taypotat and Vera Wasacase as Chief and Council representatives of the Kahkewistahaw First Nation
Counsel
401 261 1st Ave. N.
Saskatoon, Saskatchewan
S7K 1X2
Telephone: (306) 664-2468
FAX: (306) 664-2469
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Taypotat, Louis
Counsel
Merrilee Rasmussen, Q.C.
Leane Phillips
Haldane House
2100 Scarth St.
Regina, Saskatchewan
S4P 2H6
Telephone: (306) 569-0811
FAX: (306) 565-3434
Email: phillipsco@phillipsco.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of Rights and Freedoms - Right to Equality - Discrimination based on age - Discrimination based on Aboriginality-residence - Aboriginal law - Do paras. 9.03(c) and 10.01(d) of the Kahkewistahaw Election Act infringe s. 15(1) 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? - Is the distinction in the present case based on education levels or the enumerated ground of age or analogous ground of Aboriginality-residence? - Does the distinction create a disadvantage by perpetuating prejudice or stereotyping? - Do the education provisions constitute an ameliorative program directed at improving the situation of a group that is in need of ameliorative assistance in order to enhance substantive equality?
The appellants were the Chief and Band Council of the Kahkewistahaw First Nation. The respondent was the former Chief of the First Nation. The respondent was 74 years old and had been elected Chief for 27 years. He lost the 2009 election for Chief to his nephew by four votes. Until that point, the First Nation elections were conducted pursuant to the Indian Act.
The First Nation moved toward a community election code. In doing so, the Kahkewistahaw Election Act (hereinafter ‘Election Act’) was developed which would govern the election of the Chief and Council of the First Nation. The Election Act included specific educational provisions indicating that a candidate must have attained grade 12 or its equivalent.
The 2011 election was conducted pursuant to the Election Act. The respondent had attended a residential school and was evaluated at a grade 10 level. The Election Officer would not certify the respondent as a candidate for the office of the Chief because he failed to meet the educational requirements in the Election Act. The only candidate for Chief that was certified was his nephew, the appellant Sheldon Taypotat, who was declared elected by acclamation.
The application for judicial review was dismissed. The Court of Appeal allowed the appeal and ordered a new election for the position of the Chief of the First Nation. An election was held and the respondent was elected to the position of Chief.
Lower court rulings
Federal Court
2012 FC 1036
Application for judicial review dismissed
Federal Court of Appeal
A-427-12, 2013 FCA 192
Appeal allowed
Memorandums of argument on application for leave to appeal
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