Kapyong Appeal Court action since 2008

COURT INDEX AND DOCKET

RECORDED ENTRY(IES) FOR T-139-08 (Close)

Court Number : T-139-08

Style of Cause : LONG PLAIN FIRST NATION ET AL v. HERMAJESTY THE QUEEN ET AL

ProceedingCategory : Applications Nature : Others - Crown (v. Queen)

[Applications]

Type of Action : Non-Action

( 237 records found )Doc Date Filed Office Recorded Entry Summary

- 2012-12-13 Winnipeg

Facsimile Broadcast Report: Successfultransmission of Reasons for Judgment andJudgment dated December 13, 2012 - Doc.141 to all parties received on 13-DEC-2012

141 2012-12-13 Winnipeg

Reasons for Judgment and Judgment dated13-DEC-2012 rendered by The HonourableMr. Justice Hughes Matter consideredwithout personal appearance The Court'sdecision is with regard to Judicial Review(s.18) Result: granted in part dismissed inpart "For the Reasons provided: This Court'sJudgment is that: 1. The application as madeby the Applicants Long Plain, Peguis,Roseau River and Sandy Bay is allowed; 2.The application as made by the ApplicantsSagkeeng and Swan Lake is dismissed; 3.The Respondents' decision of November2007 to sell the Kapyong OperationalBarracks to Canada Lands Company is setaside; 4. The Respondents are enjoined fromselling the Kapyong Operational Barracks toCanada Lands Company, or anyone else,

RECORDED ENTRY(IES) FOR T-139-08 http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_in...

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until they can demonstrate to the Court thatthey have fulfilled in a meaningful way theirduty to consult with the Applicants; and 5.The parties may make submissions as tocosts, not to exceed five pages, by January15, 2013." Filed on 13-DEC-2012 certifiedcopies sent to parties Transmittal Lettersplaced on file. entered in J. & O. Book,volume 1178 page(s) 1 - 46 Final Decision

- 2012-12-06 Winnipeg

Memorandum to file from R. Taillefer dated06-DEC-2012 Each party for this filesubmitted a compendium of evidence andlaw at the hearing on 04-DEC-2012 to05-DEC-2012. These compendiums werekept by the presiding Judge. placed on file.

- 2012-12-04 Winnipeg

Winnipeg 04-DEC-2012 BEFORE TheHonourable Mr. Justice Hughes Language: EBefore the Court: Judicial Review Result ofHearing: Matter reserved held in CourtSenior Usher: T. BRYCE Duration per day:04-DEC-2012 from 09:36 to 16:39Courtroom : Courtroom No. 1 - WinnipegCourt Registrar: Renee Taillefer05-DEC-2012 from 09:03 to 15:34Courtroom : Courtroom No. 1 - WinnipegCourt Registrar: Renee Taillefer TotalDuration: 2d Appearances: J.R. NORMANBOUDREAU Ph: 204.957.1717 Fx:204.949.9232 representing Applicants (LongPlain and Sandy Bay Ojibway First Nations)JEFFREY RATH and NATHALIE WHYTEPh: 403.931.4047n Fx: 403.931.4048representing Applicant (Peguis First Nation)HARLEY SCHACHTER, BILL HAIGHT,and KARA BJORNSON Ph: 204.942.3361Fx: 204.942.3362 representing Applicant(Roseau River Anishinabe First Nation)IVAN HOLLOWAY and UZMA SAEED Ph:204.942.2271 Fx: 204.943.4242 representingApplicants (Swan Lake and Sagkeeng FirstNations) JEFF DODGSON and JEFFECHOLS Ph: 204.983.2391 Fx:204.984.6488 representing Respondent


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Comments: DARS was employed. Unitused: DARS Z005144. Minutes of Hearingentered in Vol. 872 page(s) 123 - 141Abstract of Hearing placed on file

- 2012-12-03 Winnipeg

Fax Confirmation confirming successfultransmission of order dated 03-DEC-2012(Doc. 140) to all parties on 03-DEC-2012.placed on file on 03-DEC-2012

140 2012-12-03 Winnipeg

Order dated 03-DEC-2012 rendered by TheHonourable Mr. Justice Hughes Matterconsidered with personal appearance TheCourt's decision is with regard to CaseManagement Conference Result: "1. Thestyle of cause herein shall be amended byremoving the name BROKENHEAD FIRSTNATION from the named Applicants herein.2. No Order as to costs." Filed on03-DEC-2012 certified copies sent to partiesTransmittal Letters placed on file. entered inJ. & O. Book, volume 1176 page(s) 318 -319 Interlocutory Decision

- 2012-12-03 Winnipeg

Winnipeg 03-DEC-2012 BEFORE TheHonourable Mr. Justice Hughes Language: EBefore the Court: Case ManagementConference Result of Hearing: Matterreserved held in Court Senior Usher: T.BRYCE Duration per day: 03-DEC-2012from 14:03 to 14:25 Courtroom : CourtroomNo. 1 - Winnipeg Court Registrar: ReneeTaillefer Total Duration: 22minAppearances: J.R. NORMAN BOUDREAUPh: 204.957.1717 Fx: 204.949.9232representing Applicants (Long Plain FirstNation; Sandy Bay Ojibway First Nation)JEFFREY RATH and NATHALIE WHYTEPh: 403.931.4047 Fx: 403.931.4048representing Applicant (Peguis First Nation)HARLEY SCHACHTER Ph: 204.942.3361Fx: 204.942.3362 representing Applicant(Roseau River Anishinabe First Nation)BRAD REGEHR, IVAN HOLLOWAY,UZMA SAEED Ph: 204.942.2271 Fx:204.943.4242 representing Applicant (Swan


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Lake First Nation) BRENDA A.JOHNSTON Ph: 204.942.2271 Fx:204.943.4242 representing Applicant(Sagkeeng First Nation) JEFFREYDODGSON, VOULA KARLAFTIS Ph:204.983.2391 Fx: 204.984.6488 representingRespondent Comments: Request forAdjournment submitted by way of letter hasbeen denied. The hearing of the JudicialReview will proceed as scheduled onDecember 4 and 5, 2012 in Winnipeg.Minutes of Hearing entered in Vol. 872page(s) 43 - 45 Abstract of Hearing placedon file

- 2012-11-30 Winnipeg

Letter from Respondent dated 30-NOV-2012"I would ask that this letter be brought to theattention of the case manager, ProthonotaryLafreniere, and also to Justice Hughes,whom I understand is scheduled to presideover the hearing of this matter, currently setfor December 4-5, 2012, in Winnipeg. Thisletter is written in response to the request ofthe applicants for an adjournment of theabove noted hearing dates. The Crown takesno position in respect of the adjournmentrequest. However, should the Court beinclined to grant the adjournment request,the Crown would respectfully request thatthe adjournment be only for a short period oftime, and that venues other than Winnipeg beconsidered for the hearing, should doing soassist in the rescheduling of the hearing in ashort timeframe." Forwarded to Trial-JA andpresiding Judge. received on 30-NOV-2012

- 2012-11-30 Winnipeg

Letter from Counsel for Applicant (PeguisFirst Nation) dated 30-NOV-2012 "Furtherto the Court's recent communication withcounsel, this letter is to advise that all of theApplicants in the above captioned matter arerespectfully requesting an adjournment ofthe hearing set for December 4th and 5th2012. The Applicants also respectfully seekleave for the above relief to be granted


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without filing a Motion Record. We areadvised by the Respondent Canada that itacknowledges this letter, and that it willprovide the Court with a letter with regard tothis request for adjournment. Thank you fortaking this request into consideration, welook forward to hearing from you."Forwarded to Trial-JA & presiding Judge.received on 30-NOV-2012

- 2012-11-30 Winnipeg

Correction to General Sitting concerningMotion Doc. No. 126 Hearing removed fromGeneral Sitting at Winnipeg on04-DEC-2012 Reason for correction: Noticeof Abandonment/ Withdrawal of motionDoc. 126 filed November 30, 2012

139 2012-11-30 Winnipeg

Affidavit of service of Brittany Dann swornon 30-NOV-2012 on behalf of Jeffrey F.Harris of Myers Weinberg LLP confirmingservice of Doc. 138 upon all partiesincluding the Applicant, Long Plain FirstNation by telecopier on 30-NOV-2012 withExhibits "A" through "D" filed on30-NOV-2012

138 2012-11-30 Winnipeg

Notice of abandonment of motion MotionDoc. No. 126 currently scheduled to beheard at General Sitting on 03-DEC-2012 onbehalf of Jeffrey F. Harris of MyersWeinberg LLP filed on 30-NOV-2012

137 2012-11-28 Winnipeg

Solicitor's certificate of service on behalf ofJ.R. NORMAN BOUDREAU confirmingservice of Doc. 136 upon all parties by email(with consent of recipients) on23-NOV-2012 filed on 28-NOV-2012

136 2012-11-28 WinnipegNotice of change of solicitor on behalf ofApplicant (Long Plain First Nation) filed on28-NOV-2012

135 2012-11-19 Winnipeg

Affidavit of service of JEFFREYDODGSON sworn on 19-NOV-2012 onbehalf of Respondent confirming service ofDoc. 134 upon all parties by e-mail (withconsent of recipients) on 14-NOV-2012 withExhibits A filed on 19-NOV-2012


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134 2012-11-19 Winnipeg

Motion Record in response to Motion Doc.No. 126 containing the following originaldocument(s): 133 Number of copiesreceived: 3 on behalf of Respondent filed on19-NOV-2012

133 2012-11-19 Winnipeg

Written Representations contained within aMotion Record on behalf of Respondentconcerning Motion Doc. No. 126 filed on19-NOV-2012

132 2012-11-16 Winnipeg

Affidavit of service of BRITTANY DANNsworn on 15-NOV-2012 on behalf ofCounsel for Applicant (Long Plain FirstNation) confirming service of ID:213(Written Directions) upon Applicant (LongPlain First Nation; attn Chief DavidMeeches) by telecopier on 14-NOV-2012with Exhibits A filed on 16-NOV-2012

131 2012-11-14 Winnipeg

Affidavit of service of BRITTANY DANNsworn on 13-NOV-2012 on behalf ofCounsel for Long Plain First Nationconfirming service of Doc. 129 upon SwanLake First Nation, Sandy Bay First Nation,Peguis First Nation, Department of Justice,Brokenhead Ojibway Nation, Sagkeeng FirstNation, Roseau River Anishinabe FirstNation by email (with consent of recipients)on 12-NOV-2012 with Exhibits A to H filedon 14-NOV-2012

130 2012-11-14 Winnipeg

Affidavit of service of GERALD ADAMSsworn on 08-NOV-2012 on behalf ofCounsel for Long Plain First Nationconfirming service of Doc. 129 uponApplicant (Long Plain First Nation) (byleaving with Chief D. Meeches) by personalservice on 08-NOV-2012 filed on14-NOV-2012

129 2012-11-14 Winnipeg

Motion Record containing the followingoriginal document(s): 126 127 128 Numberof copies received: 3 on behalf of Counselfor Long Plain First Nation (Applicant) filedon 14-NOV-2012


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128 2012-11-14 Winnipeg

Written Representations contained within aMotion Record on behalf of Counsel forLong Plain First Nation concerning MotionDoc. No. 126 filed on 14-NOV-2012

127 2012-11-14 Winnipeg

Affidavit of JEFFREY F. HARRIS sworn on02-NOV-2012 contained within a MotionRecord on behalf of himself as counsel forLong Plain First Nation in support of MotionDoc. No. 126 filed on 14-NOV-2012

126 2012-11-14 Winnipeg

Notice of Motion contained within a MotionRecord on behalf of Counsel for Applicant(Long Plain First Nation) returnable atSpecial Sitting in Winnipeg on04-DEC-2012 to begin at 09:30 for an Order"1. An Order pursuant to Rule 125(1) of theFederal Court Rules granting removal of theFirm from the Court record as legal counselfor the Plaintiffs; 2. The costs of this motion;3. Such further and other relief as counselmay advise and this Honourable Court maypermit." filed on 14-NOV-2012

- 2012-11-14 Winnipeg

Written directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated14-NOV-2012 directing that "The motion byJeffrey F. Harris and Kathryn F. Hordienkoof Myers Weinberg LLP (Myers Weinberg)for an order pursuant to Rule 125(1) of theFederal Courts Rules to be removed assolicitors of record of the Applicant, LongPlain First Nation, shall be accepted forfiling and made returnable at the outset ofthe hearing of the application on December4, 2012. Any responding motion record shallbe served and filed no later than November19, 2012. Myers Weinberg is directed to faxor e-mail a copy of these Directions to theLong Plain First Nation c/o Chief DavidMeeches forthwith and file proof of serviceby November 19, 2012." placed on file on14-NOV-2012 Confirmed in writing to theparty(ies)


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- 2012-11-08 Winnipeg

Letter from Counsel for Applicant (LongPlain First Nation) dated 08-NOV-2012"Please see attached Motion Record of thewriter as lawyer for the Applicant LongPlain First Nation, seeking to withdraw ascounsel on record due to lack of instructionsfrom the First Nation. We are requestingleave of the Court for filing of same, in yourcapacity as Case Management Judge in thismatter. Alternatively, we request that suchmotion be considered by you withoutformally filing with the Court, if you deem itan appropriate instance in which to do so.We can advise that the Motion Record hasbeen served on our client in person byprocess server, and to the other parties in thelitigation by way of email for which we areawaiting confirmation from each party thatsuch manner of service is adequate for theirpurposes..." Forwarded to CMJ. received on08-NOV-2012

125 2012-07-09 Ottawa

Order (time and place) dated 09-JUL-2012rendered by Chief Justice Crampton andsigned by Judicial Administrator fixingJudicial Review (s.18) to be heard at SpecialSitting in Winnipeg on 04-DEC-2012 tobegin at 09:30 duration: 2d language: E Filedon 09-JUL-2012 cc's sent to parties enteredin J. & O. Book, volume 1162 page(s) 374 -375 Transmittal letters placed on file

- 2012-07-04 Winnipeg

Letter from Respondent dated 04-JUL-2012"I would kindly ask that this letter bebrought to the attention of the Office of theJudicial Administrator. This letter is furtherto my earlier correspondence of May 25th,2012, wherein I had requested, on behalf ofall remaining parties, the scheduling of datesfor the redetermination hearing of thismatter. On June 7th, 2012, I was contactedby the Judicial Administrator's office, andadvised that the dates of December 4th and5th were available for the redeterminationhearing... , ...I would very much appreciate


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advice as to the status of having this matterscheduled for hearing. If I can be of anyassistance in that regard, please do nothesitate to contact me." Forwarded to theoffice of the Judicial Administrator. receivedon 04-JUL-2012

124 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon Respondent by telecopier on11-JUN-2012 filed on 11-JUN-2012

123 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon the Applicant, Swan LakeFirst Nation by telecopier on 11-JUN-2012filed on 11-JUN-2012

122 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon the Applicant, Sandy BayFirst Nation by telecopier on 11-JUN-2012filed on 11-JUN-2012

121 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon the Applicant, Roseau RiverAnishinabe First Nation by telecopier on11-JUN-2012 filed on 11-JUN-2012

120 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon the Applicant, Peguis FirstNation by telecopier on 11-JUN-2012 filedon 11-JUN-2012

119 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon the Applicant, Long PlainFirst Nation by telecopier on 11-JUN-2012filed on 11-JUN-2012

118 2012-06-11 Winnipeg

Solicitor's certificate of service on behalf ofBrenda A. Johnston confirming service ofDoc. 117 upon the Applicant, BrokenheadOjibway First Nation by telecopier on11-JUN-2012 filed on 11-JUN-2012


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117 2012-06-11 WinnipegNotice of change of solicitor on behalf of theApplicant, Sagkeeng First Nation filed on11-JUN-2012

- 2012-05-31 Ottawa

Communication to the Court from theRegistry dated 31-MAY-2012 re: forre-scheduling of the Judicial Review hearingdate

- 2012-05-25 Winnipeg

Letter from Respondent dated 25-MAY-2012requesting that new dates be set for theredetermination hearing and providing theCourt with dates of availability: October18-19 and October 29 -31, 2012. Scanned &forwarded to SRO-JR/Ottawa; TRIALJA &CMJ received on 25-MAY-2012

114 2012-04-23 WinnipegService copy of Doc. No. 113 with proof ofservice upon Respondents on 23-APR-2012filed on 23-APR-2012

116 2012-04-19 Winnipeg

Affidavit of service of Jenna Komadowskisworn on 18-APR-2012 on behalf of theApplicant, Roseau River Anishinabe FirstNation confirming service of Doc. 115 uponall parties by telecopier on 18-APR-2012with Exhibits "A" to "G" filed on19-APR-2012

115 2012-04-19 WinnipegNotice of change of solicitor on behalf of theApplicant, Roseau River Anishinabe FistNation filed on 19-APR-2012

113 2012-04-17 Ottawa

Order for Postponement dated 17-APR-2012rendered by The Honourable Mr. JusticeHarrington Matter considered with personalappearance The Court's decision is withregard to Letter from Respondent - HerMajesty the Queen dated 16-APR-2012 re:requesting that the Hearing to be heard inWinnipeg, Manitoba scheduled to be heardon April 23, 2012 be adjourned Result:granted 1. The Judicial review scheduled tocommence in Winnipeg, Manitoba, on 23April 2012 is adjourned sine die. 2. The caseremains under special management byProthonotary Lafrenière. 3. The wholewithout costs. Filed on 17-APR-2012 copies


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sent to parties Transmittal Letters placed onfile. entered in J. & O. Book, volume 1154page(s) 325 - 326 Interlocutory Decision

- 2012-04-17 Ottawa

Ottawa 17-APR-2012 BEFORE TheHonourable Mr. Justice HarringtonLanguage: E Before the Court: Meeting todiscuss the adjournment of the hearingscheduled for April 23, 2012 Result ofHearing: Matter granted held by way ofConference Call in Court Duration per day:17-APR-2012 from 03:00 to 03:10Courtroom : Judge's Chambers - OttawaCourt Registrar: Valerie Jean-Gilles TotalDuration: 10min Appearances: Mr. NormanBoudreau (204) 957-1717 representingApplicants - Peguis FN, Roseau RiverAnishinabe FN & Sandy Bay Ojibway FNMr. Jeff R.W. Rath and Ms. White (403)931-4047 representing Applicants - PeguisFN, Roseau River Anishinabe FN & SandyBay Ojibway FN Ms. Katherine Hordienko(204) 926-4180 representing Applicant -Long Plain First Nation Mr. Brad Regehr(204) 925-5388 representing Applicants Mr.Brenda Johnston (204) 925-5395representing Applicant Mr. Jeff Dodgson(204) 983-4606 representing Respondent -HMQ Comments: Judicial Review scheduledto be heard next week in Winnipeg isadjourned sine die and the matter of thisteleconference are deemed confidential bythe all parties involved. Minutes of Hearingentered in Vol. 860 page(s) 438 - 440Abstract of Hearing placed on file

- 2012-04-16 Ottawa

Acknowledgment of Service received fromall parties (by fax) with respect to theDirection of the Court (Harrington, J.)rendered on April 16, 2012. placed on file on16-APR-2012

- 2012-04-16 Ottawa

Oral directions received from the Court: TheHonourable Mr. Justice Harrington dated16-APR-2012 directing that "A casemanagement conference is hereby scheduled


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to be heard by teleconference on Tuesday,April 17, 2012, to commence at 14:00(Winnipeg time)/15:00(Ottawa time), forduration not exceeding one (1) hour, to beconducted in the English language. Theparties shall remain in their respectiveoffices". placed on file on 16-APR-2012Confirmed in writing to the party(ies)

- 2012-04-16 Winnipeg

Letter from Respondent dated 16-APR-2012Letter providing the availability of allcounsel with respect to a Case ManagementConference via teleconference to take placeon 17-APR-2012. Forwarded to presidingJudge, Harrington, J. received on16-APR-2012

- 2012-04-16 Winnipeg

Letter from Respondent dated 16-APR-2012requesting an adjournmrnt of the hearingscheduled for April 23, 2012. Scanned &forwarded to the Presiding Judge, CMJ &Trialja received on 16-APR-2012

112 2012-04-05 Winnipeg

Affidavit of service of Jeffrey Dodgsonsworn on 05-APR-2012 on behalf ofRespondent confirming service of Doc. 111& ID:189 upon Applicant by process serveron 05-APR-2012 filed on 05-APR-2012

- 2012-04-05 Winnipeg

Book of Authorities consisting of 1volume(s) on behalf of Respondent receivedon 05-APR-2012 Sent directly to PresidingJudge

111 2012-04-05 WinnipegRespondent's Record Number of copiesreceived/prepared: 3 on behalf ofRespondent filed on 05-APR-2012

110 2011-12-23 Winnipeg

Affidavit of service of Gary P. Stelter swornon 23-DEC-2011 on behalf of theApplicants, Peguis First Nation et al.confirming service of Doc. 99 (ID:172) &ID:173 upon the Applicant, Sagkeeng FirstNation by process server on 22-DEC-2011filed on 23-DEC-2011

- 2011-12-23 WinnipegLetter from Applicants,Peguis First Nation etal. dated 23-DEC-2011 asking the Court toaccept for filing the Affidavit of service of


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ID:172 & ID:173 upon the Applicant,Sagkeeng First Nation. Send to Court withthe said affidavit. received on 23-DEC-2011

109 2011-12-21 Winnipeg

Affidavit of service of MILTON B. BROWNsworn on 16-DEC-2011 on behalf ofApplicant (Long Plain First Nation)confirming service of Doc. 106 uponApplicant (Sagkeeng First Nation) bypersonal service on 16-DEC-2011 filed on21-DEC-2011

108 2011-12-21 Winnipeg

Affidavit of service of SANDRA JOANBODNAR sworn on 13-DEC-2011 on behalfof Applicant (Long Plain First Nation)confirming service of Doc. 106 uponApplicant (Swan Lake First Nation) bycourier on 12-DEC-2011 with Exhibits "A"filed on 21-DEC-2011

107 2011-12-21 Winnipeg

Affidavit of service of SANDRA JOANBODNAR sworn on 09-DEC-2011 on behalfof Applicant (Long Plain First Nation)confirming service of Doc. 106 uponApplicants(Peguis F.N.; Roseau River F.N.;Sandy Bay F.N.), Respondent(DOJ) byfacsimile (with consent of recipient) on09-DEC-2011 with Exhibits A to C filed on21-DEC-2011

106 2011-12-21 Winnipeg

Memorandum of fact and law on behalf ofApplicant (Long Plain First Nation) filed on21-DEC-2011 1 judges' copies stored inOttawa

- 2011-12-21 Winnipeg

Written directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated21-DEC-2011 directing that "TheMemorandum of Fact and Law on behalf ofthe Applicant, Long Plain First Nation, alongwith proof of service, shall be accepted forfiling." placed on file on 21-DEC-2011Confirmed in writing to the party(ies)

- 2011-12-09 Winnipeg

Memorandum to file from (Robert) BuyeM'vondo dated 09-DEC-2011 This is toacknowledge that the Winnipeg local officeis in receipt of the Memorandum of Fact and


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Law of the Applicant, Long Plain FirstNation with Affidavit of service by fax to theRespondents and the Applicants, Peguis FirstNation, Roseau River Anishinabe FistNation and Sandy Bay Ojibwe First Nation.The Documents were tendered for filing onFriday, December 9, 2011. The Registrynoted that: 1. The said Memorandum of Fact& Law was 29 pages lenght and was servedby fax without the consent of the recipients(Rule 143 (b)). 2. The Applicant, SagkeengFirst Nation and the Applicant, Swan LakeFirst Nation were not served with the saidMemorandum of Fact & Law. Counseladvised on Rules 139 & 143. AwaitingConsent from Respongents & Applicants,Peguis First Nations at al. to be served byFax and proof of service to the otherApplicants. Documents to be sent to Courtfor Directions when completed. placed onfile.

105 2011-12-08 WinnipegService copy of ID:173 with proof of serviceupon Applicant (Swan Lake FN) on08-DEC-2011 filed on 08-DEC-2011

104 2011-12-08 WinnipegService copy of ID:173 with proof of serviceupon Applicant (Long Plain FN) on07-DEC-2011 filed on 08-DEC-2011

103 2011-12-08 WinnipegService copy of ID:173 with proof of serviceupon Respondent on 07-DEC-2011 filed on08-DEC-2011

102 2011-12-08 WinnipegService copy of Doc. No. 99 with proof ofservice upon Applicant (Swan Lake FN) on08-DEC-2011 filed on 08-DEC-2011

101 2011-12-08 WinnipegService copy of Doc. No. 99 with proof ofservice upon Applicant (Long Plain FN) on07-DEC-2011 filed on 08-DEC-2011

100 2011-12-08 WinnipegService copy of Doc. No. 99 with proof ofservice upon Respondent on 07-DEC-2011filed on 08-DEC-2011

- 2011-12-08 WinnipegBook of Authorities consisting of 3volume(s) on behalf of Applicants (PeguisFN, Roseau River Anishinabe FN, Sandy


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Bay Ojibway FN) received on 08-DEC-2011

99 2011-12-08 Winnipeg

Applicant's Record (8 vols) Number ofcopies received/prepared: 3 on behalf ofApplicants (Peguis FN, Roseau RiverAnishinabe FN, Sandy Bay Ojibway FN)filed on 08-DEC-2011

- 2011-12-07 Ottawa

Acknowledgment of Receipt received fromall parties with respect to Order (time andplace)(Doc. No. 98). placed on file on07-DEC-2011

98 2011-12-07 Ottawa

Order (time and place) dated 06-DEC-2011rendered by Acting Chief Justice S Noël andsigned by Judicial Administrator fixingJudicial Review (s.18) to be heard at SpecialSitting in Winnipeg on 23-APR-2012 tobegin at 09:30 duration: 2d language: E Filedon 07-DEC-2011 cc's sent to parties enteredin J. & O. Book, volume 1142 page(s) 463 -464 Transmittal letters placed on file

- 2011-12-06 Winnipeg

Letter from Applicant (Swan Lake FirstNation) dated 06-DEC-2011 "This is toadvise the Court that Swan Lake FirstNation, represented by D'Arcy & DeaconLLP, does not require a copy of theapplicant's record..." received on06-DEC-2011

- 2011-12-01 Winnipeg

Memorandum to file from (Robert) BuyeM'vondo dated 01-DEC-2011 Counsel forthe Applicant, Swan Lake First Nationcontacted by phone regarding his letter datedDecember 1st, 2011 (ID:167) and advised onRules 165 & 166. placed on file.

- 2011-12-01 Winnipeg

Letter from Mr. R. Ivan Holloway (D'Arcy &Deacon LLP), counsel Applicant, Swan LakeF.N dated 01-DEC-2011 "This is to advisethat Swan Lake First Nation, ... is notactively participating in this matter and,...need not to be included when arranginghearing dates..." received on 01-DEC-2011

- 2011-11-17 WinnipegLetter from Respondent dated 16-NOV-2011Inquiring as to whether a date for the hearinghas been set down. Forwarded to Judicial


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Administrator with CMJ in cc. received on17-NOV-2011

- 2011-11-04 Winnipeg

Letter sent by Registry on 04-NOV-2011 toall parties advising them that this matter wasreferred to the Judicial Administrator to fix ahearing. Copy placed on file.

- 2011-11-02 Winnipeg

Letter from Uzma A. Saeed, Counsel for theApplicant's Swan Lake First Nation dated02-NOV-2011 advising the Court that theyare awaiting instructions from their client tofile the Notice of Discontinuance. Scanned &sent to the CMJ. received on 02-NOV-2011

- 2011-11-02 Winnipeg

Letter from Respondent, HMTQ dated02-NOV-2011 inquiring about schedulingdates for the rehearing of this matter.Scanned & sent to the CMJ. received on02-NOV-2011

97 2011-11-01 Winnipeg

Service copy of Affidavit of Chief IrvinMcIvor (for Peguis, Roseau River, andSandy Bay First Nations) with proof ofservice upon Respondents on 27-OCT-2011filed on 01-NOV-2011

96 2011-11-01 Winnipeg

Service copy of Affidavit of Chief IrvinMcIvor (for Peguis, Roseau River, andSandy Bay First Nations) with proof ofservice upon Applicant (Long Plain FirstNation) on 28-OCT-2011 filed on01-NOV-2011

95 2011-11-01 Winnipeg

Service copy of Affidavit of Chief IrvinMcIvor (for Peguis, Roseau River, andSandy Bay First Nations) with proof ofservice upon Applicant (Swan Lake FirstNation) on 27-OCT-2011 filed on01-NOV-2011

94 2011-11-01 Winnipeg

Service copy of Affidavit of Evelyn Patrick(for Peguis, Roseau River, and Sandy BayFirst Nations) with proof of service uponRespondents on 27-OCT-2011 filed on01-NOV-2011

93 2011-11-01 WinnipegService copy of Affidavit of Evelyn Patrick(for Peguis, Roseau River, and Sandy Bay


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First Nations) with proof of service uponApplicant (Long Plain First Nation) on28-OCT-2011 filed on 01-NOV-2011

92 2011-11-01 Winnipeg

Service copy of Affidavit of Evelyn Patrick(for Peguis, Roseau River, and Sandy BayFirst Nations) with proof of service uponApplicant (Swan Lake First Nation) on27-OCT-2011 filed on 01-NOV-2011

91 2011-11-01 Winnipeg

Service copy of Affidavit of Chief GlennHudson (for Peguis, Roseau River, andSandy Bay First Nations) with proof ofservice upon Respondents on 27-OCT-2011filed on 01-NOV-2011

90 2011-11-01 Winnipeg

Service copy of Affidavit of Chief GlennHudson (for Peguis, Roseau River and SandyBay First Nations) with proof of serviceupon Applicant (Long Plain First Nation) on28-OCT-2011 filed on 01-NOV-2011

89 2011-11-01 Winnipeg

Service copy of Affidavit of Chief GlennHudson (for Peguis, Roseau River, andSandy Bay First Nations) with proof ofservice upon Applicant (Swan Lake FirstNation) on 27-OCT-2011 filed on01-NOV-2011

88 2011-10-31 Winnipeg

Order dated 31-OCT-2011 rendered byRoger Lafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to Letter fromRespondent dated 28-OCT-2011 Result: "This Court Orders that: 1. The Applicantsshall serve and file the Applicants' Recordsby December 9, 2011. 2. The Respondents'Record shall be served and filed no later than14 days before the hearing of the applicationFiled on 31-OCT-2011 certified copies sentto parties Transmittal Letters placed on file.entered in J. & O. Book, volume 1139page(s) 312 - 313 Interlocutory Decision

- 2011-10-31 OttawaCommunication to the Court from theRegistry dated 31-OCT-2011 re: to fixhearing date


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- 2011-10-28 Winnipeg

Letter from Respondent (HMTQ et al) dated28-OCT-2011 "...I am writing to request thatthe Court arrange to have this matterscheduled for a 2 day hearing during theavailable dates noted above... , ...should theCourt determine that a further teleconferenceis necessary to address these issues, I canadvise that I am generally available the weekof October 31st to November 4th..."Attached electronically. Forwarded to CMJ.received on 28-OCT-2011

- 2011-10-17 Winnipeg

Winnipeg 17-OCT-2011 BEFORE RogerLafrenière, Esq., Prothonotary Language: EBefore the Court: Case ManagementConference Result of Hearing: Matteradjourned sine die held by way ofConference Call in chambers Duration perday: 17-OCT-2011 from 11:00 to 11:25Courtroom : Judge's Chambers (701) -Vancouver Court Registrar: Robert MvondoTotal Duration: 25min Appearances: UzmaSaid (D'Arcy & Deacon LLP) (204)942-2271 / Fax: (204) 943-4242 representingApplicant, Swan Lake First Nation Jeffrey F.Harris (Myers Weinberg LLP) (204)956-1504 / Fax: (204) 956-0625 representingApplicant, Long Plain First Nation KathrynF. Hordienko (Myers Weinberg LLP) (204)956-1504 / Fax: (204) 956-0625 representingApplicant, Long Plain First Nation Jeffrey R.W. Rath (Rath & Company) (403) 931-4047/ Fax: (403) 931-4048 representingApplicants, Peguis, Roseau River & SandyBay First Nations Nathalie Whyte (Rath &Company) (403) 931-4047 / Fax: (403)931-4048 representing Applicants, Peguis,Roseau River & Sandy Bay First NationsJeff Dodgson (Justice Canada/Winnipeg)(204) 983-2391 / Fax: (204)_984-6488representing Respondent Jeff Echoes (JusticeCanada/Winnipeg) (204) 983-2391 / Fax:(204) 984-6488 representing RespondentComments: Counsel to agree on a schedulefor further steps. Mr. Jeff Dodgson, counsel


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for the Respondents to submit the scheduleby October 28, 2011. Minutes of Hearingentered in Vol. 851 page(s) 74 - 76 Abstractof Hearing placed on file

- 2011-10-17 Winnipeg

Letter sent by Registry on 17-OCT-2011 toall parties advising them on Dial-in numbers& Participants code for the CMC on October17, 2011 Copy placed on file.

87 2011-10-07 Winnipeg

Solicitor's certificate of service on behalf ofGareth Williams confirming service of Doc.86 upon all parties by facsimile & RegisteredMail on 29-SEP-2011 filed on 07-OCT-2011

86 2011-10-07 WinnipegNotice of Partial Discontinuance on behalfof the Applicant, Brokenhead First Nationfiled on 07-OCT-2011

85 2011-10-07 Winnipeg

Written directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated07-OCT-2011 directing that "The Notice ofPartial Discontinuance on behalf of theApplicant, Brokenhead First Nation, shall beaccepted for filing." placed on file on07-OCT-2011 Confirmed in writing to theparty(ies)

- 2011-10-07 Winnipeg

Memorandum to file from (Robert) M'vondodated 07-OCT-2011 This is to acknowledgethat the Winnipeg local office is in receipt ofthe Applicant Brokenhead First Nation'sNotice of Partial Discontinuance tenderedfor filing in Edmonton on September 23,2011 with an uncomplete solicitor'scertificate of service. The completesolicitor's certificate of service was faxed tothe Winnipeg local office on October 6,2011. Documents sent to the CMJ forDirections. placed on file.

- 2011-10-06 WinnipegCovering letter from Applicant, Long PlainFirst Nation dated 05-OCT-2011 concerningDoc. No. 84 placed on file on 06-OCT-2011

84 2011-10-06 Winnipeg

Affidavit of service of Sandra Joan Bodnarsworn on 05-OCT-2011 on behalf ofApplicant Long Plain First Nationconfirming service of Doc. 82 upon Her


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Majesty the Queen by telecopier on05-OCT-2011 with Exhibits "A" filed on06-OCT-2011

83 2011-09-29 Winnipeg

Affidavit of service of Sandra Joan Bodnarsworn on 28-SEP-2011 on behalf ofApplicant Long Plain First Nationconfirming service of Doc. 82 upon Allparties except HMTQ by telecopier on28-SEP-2011 with Exhibits "A, B, C, D"filed on 29-SEP-2011

82 2011-09-29 WinnipegNotice of appointment of solicitor on behalfof Applicant Long Plain First Nation filed on29-SEP-2011

81 2011-09-13 Winnipeg

Order dated 13-SEP-2011 rendered by RogerLafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to MotionDoc. No. 58 Result: granted in part "ThisCourt Orders that: 1. Subject to furtherdirections or order of this Court, theApplicants are granted leave to serve and fileadditional evidence, limited to the periodprior to the date of the decision beingimpugned in the Notice of Application. 2.The Applicants shall provide theRespondents with their draft affidavitevidence by October 11, 2011. 2. A casemanagement conference shall be held byteleconference with counsel for the partieson October 17, 2011 at 11:00 a.m. (Central).4. The hearing of the application, presentlyscheduled to commence on October 5 5,2011 is adjourned to a date to be fixed by theCourt." Filed on 13-SEP-2011 certifiedcopies sent to parties Transmittal Lettersplaced on file. entered in J. & O. Book,volume 1134 page(s) 253 - 257 InterlocutoryDecision

- 2011-09-09 Winnipeg

Copy of a Letter from Applicants other thanSwan Lake First Nation dated 01-SEP-2011confirming that the Supplemental Materialsfiled are on behalf of all Applicants, and assuch service is not required. received on


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09-SEP-2011

80 2011-09-09 Winnipeg

Affidavit of Rarihokwats sworn on01-SEP-2011 on behalf of Applicants, SwanLake First Nation in support of Motion Doc.No. 58 with Exhibits "A" & "B" filed on09-SEP-2011

79 2011-09-09 Winnipeg

Affidavit of Brenda Brown sworn on02-SEP-2011 on behalf of the Applicant,Swan Lake First Nation in support of MotionDoc. No. 58 with Exhibits "A", "B" & "C"filed on 09-SEP-2011

78 2011-09-09 Winnipeg

Order dated 09-SEP-2011 rendered by RogerLafrenière, Esq., Prothonotary Matterconsidered with personal appearance TheCourt's decision is with regard to Motion inwriting Doc. No. 69 Result: granted Filed on09-SEP-2011 certified copies sent to partiesTransmittal Letters placed on file. entered inJ. & O. Book, volume 1134 page(s) 94 - 95Interlocutory Decision

- 2011-09-09 Winnipeg

Oral directions received from the presidingjudge dated 09-SEP-2011 directing that " Acase management conference shall be heldby teleconference with counsel for theparties on Monday, October 17, 2011 at11:00 a.m. (Central)." received at hearing on09-SEP-2011 Confirmed in writing to theparty(ies)

- 2011-09-09 Winnipeg

Winnipeg 09-SEP-2011 BEFORE RogerLafrenière, Esq., Prothonotary Language: EBefore the Court: Continuation of theMotion Doc. No. 69 on behalf of BoothDennehy LLP and Rath & Company Resultof Hearing: Matter granted Before the Court:Motion Doc. No. 58 on behalf of ApplicantResult of Hearing: Matter partially grantedheld in Court Senior Usher: Jack FalkDuration per day: 09-SEP-2011 from 13:10to 16:50 Courtroom : Courtroom No. 1 -Winnipeg Court Registrar: Robert MvondoTotal Duration: 3h40 Appearances: Kris M.Saxberg (D'Arcy & Deacon LLP) (204)


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942-2271 / Fax: (204) 943-4242 representingApplicant Swan Lake R. Ivan Holloway(D'Arcy & Deacon LLP) (204) 942-2271 /Fax: (204) 943-4242 representing Applicant,Swan Lake First Nation J.R. NormanBoudreau (Booth Dennehy LLP) (204)957-1717 / Fax: (204) 949-9232 representingApplicants, Peguis First Nation, RoseauRiver Anishinabe First Nation & Sandy BayOjibway First Nation Jeffrey R. W. Rath(Rath & Company) (403) 931-4047 / Fax:(403) 931-4048 representing Applicants,Peguis First Nation, Roseau RiverAnishinabe First Nation & Sandy BayOjibway First Nation Jeffrey Dodgson(Justice Canada - Winnipeg) (204) 983-2391/ Fax: (204) 984-6488 representingRespondent Jeffrey Echols (Justice Canada -Winnipeg) (204) 983-2391 / Fax: (204)984-6488 representing Respondent DraftDecision to be submitted by all CounselComments: 1.Leave to file additionalevidence granted but supplemental evidenceshall be limited to the date of the decision,November 23, 2007. 2. Counsel to assesswhat evidence meet the criteria. 3.Applicants to provide Respondents withproposed affidavits within 30 days of thishearing (October 11, 2011). 4. Next CMC totake place on October 17, 2011 at 11:00 a.m.Central by way of teleconference. 5. AnOrder adjourning the hearing date for theApplication will be issued. Minutes ofHearing entered in Vol. 849 page(s) 26 - 31Abstract of Hearing placed on file

77 2011-09-06 Winnipeg

Affidavit of service of Jeffrey Dodgsonsworn on 06-SEP-2011 on behalf ofRespondent confirming service of Doc. 76upon all parties by e-mail on 06-SEP-2011with Exhibits "A" filed on 06-SEP-2011

76 2011-09-06 Winnipeg

Motion Record in response to Motion Doc.No. 69 containing the following originaldocument(s): 75 Number of copies received:


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3 on behalf of Respondent filed on06-SEP-2011

75 2011-09-06 Winnipeg

Written Representations contained within aMotion Record on behalf of Respondentconcerning Motion in writing Doc. No. 69filed on 06-SEP-2011

68 2011-09-06 Calgary

Solicitor's certificate of service on behalf ofGareth Williams confirming service of doc67 upon all parties by telecopier on06-SEP-2011 filed on 06-SEP-2011

67 2011-09-06 Calgary Notice of change of solicitor on behalf ofApplicant filed on 06-SEP-2011

- 2011-09-02 Winnipeg

Letter from Applicant dated 02-SEP-2011"...Please find enclosed...for the purposes ofthe Motion on September 9, 2011 at 1:00p.m.: 1. Affidavit of Rarihokwats, affirmedSeptember 1, 2011 with service Admitted bythe Department of Justice September 2,2011; 2. Affidavit of Brenda Brown,affirmed September 2, 2011, with ServiceAdmitted by the Department of JusticeSeptember 2, 2011; 3. Consents,acknowledgments of service of Applicantsother than Swan Lkae First Nation..."received on 02-SEP-2011

74 2011-09-01 Winnipeg

Affidavit of service of John Armstrongsworn on 31-AUG-2011 on behalf ofApplicants Brokenhead First Nation et al.except Swan Lake Nation confirming serviceof Doc. 72 upon the Long Plain First Nationby process server on 30-AUG-2011 filed on01-SEP-2011

73 2011-09-01 Winnipeg

Affidavit of service of John Armstrongsworn on 31-AUG-2011 on behalf ofApplicants, Brokenhead First Nation et al.except Swan Lake First Nation confirmingservice of Doc. 72 upon the Sagkeeng FirstNation by process server on 29-AUG-2011filed on 01-SEP-2011

72 2011-09-01 WinnipegMotion Record containing the followingoriginal document(s): 69 70 71 Number ofcopies received: 3 on behalf of Applicants


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Brokenhead First Nation et al., except SwanLake First Nation filed on 01-SEP-2011 withproof of service on the Applicant, SwanLake First Nation and the Respondents on01-SEP-2011

71 2011-09-01 Winnipeg

Written Representations contained within aMotion Record on behalf of ApplicantsBrokenhead First Nation et al. except SwanLake First Nation concerning Motion inwriting Doc. No. 69 filed on 01-SEP-2011

70 2011-09-01 Winnipeg

Affidavit of Amanda Miller sworn on11-AUG-2011 contained within a MotionRecord on behalf of Applicants BrokenheadFirst Nations et al. except Swan Lake FirstNation in support of Motion Doc. No. 69with Exhibits "A" & "B" filed on01-SEP-2011

69 2011-09-01 Winnipeg

Notice of Motion contained within a MotionRecord on behalf of the Applicants,Brokenhead First Nation et al., except SwanLake First Nat. in writing to be dealt with inthe Winnipeg local office for an Orderremoving counsel from the Record for theApplicants Sagkeeng First Nation and LongPlain First Nation filed on 01-SEP-2011

66 2011-08-26 Winnipeg

Order dated 26-AUG-2011 rendered byRoger Lafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to CaseManagement Conference Result: This CourtOrders that: " The motion on behalf of theApplicants dated August 12, 2011 for anorder adjourning the hearing date of theapplication and for leave to file additionalevidence shall be heard at a special sitting atthe Federal Court, 363 Broadway, Winnipeg,Manitoba on September 9, 2011 at 1:00 p.m.2. The request by the Applicants,.... for leaveto file a memorandum of fact and lawexceeding 30 pages in length shall be madeby motion returnable at the special sitting onSeptember 9, 2011. 3. The deadline forservice and filing of the parties' revised


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memoranda of fact and law is extendedpending disposition of the Applicants'motion." Filed on 26-AUG-2011 certifiedcopies sent to parties Transmittal Lettersplaced on file. entered in J. & O. Book,volume 1133 page(s) 69 - 70 InterlocutoryDecision

65 2011-08-24 Winnipeg

Affidavit of service of Jeff Dodgson swornon 19-AUG-2011 on behalf of Respondentconfirming service of Doc. 64 uponApplicant by process server on19-AUG-2011 filed on 24-AUG-2011

64 2011-08-24 Winnipeg

Motion Record in response to Motion Doc.No. 58 containing the following originaldocument(s): 63 Number of copies received:3 on behalf of Respondent filed on24-AUG-2011

63 2011-08-24 Winnipeg

Written Representations contained within aMotion Record on behalf of Respondentconcerning Motion Doc. No. 58 filed on24-AUG-2011

62 2011-08-24 Winnipeg

Affidavit of service of Krista McPhersonsworn on 12-AUG-2011 on behalf ofApplicant confirming service of Doc. 61upon Respondent by personal service on12-AUG-2011 with Exhibits "A" filed on24-AUG-2011

61 2011-08-24 Winnipeg

Motion Record containing the followingoriginal document(s): 58 59 60 Number ofcopies received: 3 on behalf of Applicantfiled on 24-AUG-2011

60 2011-08-24 Winnipeg

Written Representations contained within aMotion Record on behalf of Applicantconcerning Motion Doc. No. 58 filed on24-AUG-2011

59 2011-08-24 Winnipeg

Affidavit of Chief Francine Meeches swornon 10-AUG-2011 contained within a MotionRecord on behalf of Applicant in support ofMotion Doc. No. 58 with Exhibits "A" to"G" filed on 24-AUG-2011


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58 2011-08-24 Winnipeg

Notice of Motion contained within a MotionRecord on behalf of Applicant returnable atSpecial Sitting in Winnipeg on 09-SEP-2011to begin at 01:00 for 1. An order allowingfor the hearing currently scheduled onOctober 5th and 6th, 2011 to be rescheduled;2. An order allowing the Applicants to fileadditional evidence to supplement theeexisting evidentiary record; 3. The costs ofthis motion; and, 4. Such further and otherorder as may be just. filed on 24-AUG-2011

- 2011-08-24 Winnipeg

Oral directions received from the presidingjudge dated 24-AUG-2011 directing that"The Applicants' motion record and theRespondents' rsponding motion record shallbe accepted for filing received at hearing on24-AUG-2011

- 2011-08-24 Winnipeg

Winnipeg 24-AUG-2011 BEFORE RogerLafrenière, Esq., Prothonotary Language: EBefore the Court: Case ManagementConference to canvass dates of availabilityof counsel, the venue, and the estimatedduration for the hearing of the Applicants'motion." Result of Hearing: Matteradjourned to Special Sitting in Winnipeg on09-SEP-2011 to begin at 01:00 held inchambers by way of Conference CallDuration per day: 24-AUG-2011 from 09:30to 10:00 Courtroom : Judge's Chambers -Toronto Court Registrar: Robert MvondoTotal Duration: 30min Appearances: Kris M.Saxberg (D'Arcy & Deacon LLP) (204)942-2271 / Fax: (204) 943-4242 representingApplicant Swan Lake First Nation J. R.Norman Boudreau (Booth Dennehy LLP))9204) 975-1717 / Fax: (204) 949-9232representing All the remaining ApplicantsJeffrey R. W. Rath (Rath & Company) (403)660-0769 / Fax: (403) 931-4048 representingAll the remainings Applicants NathalieWhyte (Rath & Company) (403) 660-0769 /Fax: (403) 931-4048 representing All theremaining Applicants Jeff Dodgson (Dept. of


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Justice Canada - Winnipeg) (204) 983-2391 /Fax: (204) 984-6488 representingRespondent Jeff Echols (Dept. of JusticeCanada - Winnipeg) (204) 983-2391 / Fax:(204) 984-6488 representing RespondentComments: 1. The Applicants' motion datedAugust 12, 2011 to adjourn the hearing dateof the application and for leave to fileadditional evidence shall be heard at aspecial sitting at the Federal Court inWinnipeg on Friday, September 9 , 2011 at1:00 p.m. The estimate duration is 3 hours.2. The Applicants' motion record and theRespondents' rsponding motion record shallbe accepted for filing. 3. The request by Mr.Rath for leave to file a memorandum of factand law exceeding 30 pages in lenght shallbe made by motion made returnable at thespecial sitting on September 9, 2011. 4. Thedeadline for service and filing of the parties'revised memoranda of fact and law isextended pending the hearing of theApplicants' motion. Minutes of Hearingentered in Vol. 848 page(s) 154 - 156Abstract of Hearing placed on file

- 2011-08-23 WinnipegLetter sent by Registry on 23-AUG-2011 toall parties advising counsel of the dial-innumbers and pass code. Copy placed on file.

- 2011-08-22 Winnipeg

Written directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated22-AUG-2011 directing that "A casemanagement conference shall be held byteleconference with counsel for the partieson Wednesday, August 24, 2011 at 9:30 a.m.(Central) to canvass dates of availability ofcounsel, the venue, and the estimatedduration for the hearing of the Applicants'motion." placed on file on 22-AUG-2011Confirmed in writing to the party(ies)

- 2011-08-18 Winnipeg

Letter from Applicant dated 18-AUG-2011requesting for increasing the lenght of theApplicants (excluding Swan River FirstNation) memorandum from 30 pages to 70


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pages. To be placed before the CMJ on22-AUG-2011. received on 18-AUG-2011

- 2011-08-17 Winnipeg

Letter from Applicant dated 16-AUG-2011requesting a case management conference tospeak to the Motion Record regardingevidence. Proposed dates: August 24, 2011(all day) and August 25, 2011 in themorning. received on 17-AUG-2011

- 2011-08-15 Winnipeg

Memorandum to file from (Robert) BuyeM'vondo dated 15-AUG-2011 This is toacknowledge that the Winnipeg local officeis in receipt of the Applicants' Motion record+ affidavit of service and letter dated August12, 2011 requesting a CMC on one of thefollowing dates: August 16, 17, 18 & 19,2011. Parties advised by phone that the CMJis away on vacation returning on August 22,2011. Parties advised to submit another letterwith dates & time of availability for therequested CMC. placed on file.

- 2011-08-12 Winnipeg

Letter from Applicant dated 12-AUG-2011requesting a case management conference.Proposed date: August 16, 17, 18 and 19.received on 12-AUG-2011

- 2011-06-03 WinnipegCovering letter from Applicant dated03-JUN-2011 concerning ID:103 placed onfile on 03-JUN-2011

- 2011-06-03 WinnipegMinutes of Case management Conferenceheld on Tuesday May 31, 2011 received on03-JUN-2011

- 2011-05-31 Winnipeg

Winnipeg 31-MAY-2011 BEFORE RogerLafrenière, Esq., Prothonotary Language: EBefore the Court: Case ManagementConference Result of Hearing: Matteradjourned sine die held in chambers by wayof Conference Call Duration per day:31-MAY-2011 from 13:30 to 14:00Courtroom : Judge's Chambers (701) -Vancouver Court Registrar: Robert MvondoTotal Duration: 30min Appearances: JeffreyR. W. Wash (403) / Fax: (403) 931-4048representing All Applicants except Swan


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Lake First Nation J.R. Norman Boudreau(204) 957-1717 / Fax: (204) 949-9232representing All Applicants except SwanLake First Nation Bradley D. Regehr (204)942-2271 / Fax: (204) 943-4242 representingApplicant, Swan Lake First Nation KrisSaxberg (204) 942-2271 / Fax: (204)943-4242 representing Applicant, SwanLake First Nation Jeff Dodgson (204)983-2391 / Fax: (204) 984-6488 representingRespondent Comments: 1. Counsel to shareany proposed affidavits by Tuesday, June 21,2011 and advise whether there is a consentor not by June 28, 2011. 2. Applicants tosubmit their revised/supplementalMemorandum of Fact and Law bySeptember 2, 2011. 3. Respondents to submittheir revised/supplemental Memorandum ofFact and Law by September 16, 2011. 4.Applicants to draft and submit the minutes ofthe hearing. Minutes of Hearing entered inVol. 844 page(s) 446 - 448 Abstract ofHearing placed on file

- 2011-05-26 Ottawa

Letter from James D. Jodouin dated26-MAY-2011 advising that they are nolonger retained on this matter; received on26-MAY-2011

- 2011-05-26 Winnipeg

Letter sent by Registry on 26-MAY-2011 toall parties remindind them of the CMC andproviding them with Dial-in numbers andpass code. Copy placed on file.

- 2011-05-25 Winnipeg

Written directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated25-MAY-2011 directing that "A casemanagement conference shall be held byteleconference with counsel for the partieson Tuesday, may 31, 2011, at 1:30 pm(Central)." placed on file on 25-MAY-2011Confirmed in writing to the party(ies)

- 2011-05-25 WinnipegCommunication to the Court from theRegistry dated 25-MAY-2011 re: letter ID:97scanned & sent to the CMJ on May 25, 2011


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- 2011-05-24 Ottawa

Letter from Applicants dated 24-MAY-2011in response to the Order of the ACJ rendered20-MAY-2011 providing joint availabilitiesfor a case management conference; receivedon 24-MAY-2011

57 2011-05-20 Ottawa

Order (time and place) dated 20-MAY-2011rendered by The Honourable Mr. Justice S.Noël and signed by Judicial Administratorfixing Judicial Review (s.18) to be heard atSpecial Sitting in Winnipeg on 05-OCT-2011to begin at 09:30 duration: 2d language: EFiled on 20-MAY-2011 cc's sent to partiesentered in J. & O. Book, volume 1124page(s) 230 - 231 Transmittal letters placedon file

- 2011-05-12 Ottawa

Communication to the Court from theRegistry dated 12-MAY-2011 re: Reasons forJudgment and Judgment of the Federal Courtof Appeal rendered 03-MAY-2011;

- 2011-05-03 Ottawa

Copy of Reasons for Judgment andJudgment dated 03-MAY-2011 rendered byThe Honourable Mr. Justice Létourneau TheHonourable Mr. Justice Nadon TheHonourable Mr. Justice Sexton placed onfile. Original filed on Court File No.A-446-09

56 2010-02-04 Ottawa

Certified French language Translation ofReasons for Order and Order rendered on30-SEP-2009 by The Honourable Mr. JusticeCampbell filed on 04-FEB-2010 pursuant tos. 20 of the Official Languages Act.Certificate of Translation of Order entered inJ. & O. Book, volume 1079 page(s) 19 - 20and copy placed on file.

- 2009-11-12 Winnipeg

Memorandum to file from Robert M'vondodated 12-NOV-2009 Copy of D'Arcy &Deacon's letter dated 4-NOV-2009forwarded to Mr. Justice Campbell. placedon file.

- 2009-11-04 OttawaCopy of a Letter from D'Arcy & DeaconLLP dated 04-NOV-2009 informing theCourt it no longer requires its direction as set


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out in its letter dated October 27/09, iswithdrawing the letter and request it beremoved from both T-139-08 & A-446-09received on 04-NOV-2009

- 2009-10-30 Winnipeg

Copy of Notice of Appeal (Appeal CourtFile No. A-446-09 ) appealing the Order ofthe Honourable Mr. Justice Campbell datedSeptember 30, 2009 filed in the Court ofAppeal on 30-OCT-2009 on behalf ofRespondent placed on file on 30-OCT-2009

55 2009-10-29 Winnipeg

Affidavit of service of Travis Webber swornon 29-OCT-2009 on behalf of the Applicant,Swan Lake First Nation confirming serviceof the Notice of Change of Solicitor - Doc.53 upon Respondent by personal service on28-OCT-2009 with Exhibits "A" filed on29-OCT-2009

54 2009-10-29 Winnipeg

Affidavit of service of Travis Webber swornon 29-OCT-2009 on behalf of the Applicant,Swan Lake First Nation confirming serviceof the Notice of Change of Solicitor - Doc.53 upon the Applicant, Brokenhead FirstNation et al. by personal service on28-OCT-2009 with Exhibits "A" filed on29-OCT-2009

53 2009-10-29 WinnipegNotice of change of solicitor on behalf of theApplicant, Swan Lake First Nation filed on29-OCT-2009

- 2009-10-28 Winnipeg

Letter from Travis Webber, D'Arcy &Deacon LLP dated 28-OCT-2009 requestingcopy of the Notice of Application andinformation reagrding the transcript of theSeptember 10, 2009 hearing in Winnipeg.received on 28-OCT-2009

- 2009-10-27 Winnipeg

Letter from Bradley D. Regher, D'Arcy &Deacon LLP dated 27-OCT-2009 RequestingDirection s from the Court on how to appealthe decision rendered on September 30, 2009on the grounds that counsel for theApplicants negatively affected some of theclients rights, specifically in light of Rule340. Scanned & forwarded to SRO/Appeal


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received on 27-OCT-2009

- 2009-10-09 Winnipeg

Letter from J.R. NORMAND BOUDREAUdated 09-OCT-2009 "...this is to confirm ourrequest to amend the decision rendered byMr. Justice Campbell on September 30,2009, to reflect the correct names of thesolicitors for the Applicant. The names forthe solicitors for the Applicant are asfollows..." Forwarded to Campbell, J.received on 09-OCT-2009

52 2009-09-30 Ottawa

Reasons for Order and Order dated30-SEP-2009 rendered by The HonourableMr. Justice Campbell Matter considered withpersonal appearance The Court's decision iswith regard to Judicial Review (s.18) Result:granted "THIS COURT ORDERS that: Forthe reasons provided in conclusion of thepresent Application, pursuant to s. 18.1(3) ofthe Federal Courts Act, I declare that:Canada had a legal duty to consult on itsdecision to dispose of surplus federal landsat Kapyong Barracks and Canada did notmeet that duty; and, in particular, Canadaacted contrary tom law by failing to meet themandatory legal requirement of consultationwith the Brokenhead and Peguis FirstNations before the making of the November2007 decision to transfer the surplus lands atKapyong Barracks to the Canada LAndsCompany pursuant to the Treasury BoardDirective on the Sale or Transfer of SurplusReal Property; and, as a result, TheNovember 2007 decision is invalid. I awardcost of the present Application to theApplicant First Nations." Filed on30-SEP-2009 certified copies sent to partiesTransmittal Letters placed on file. FinalDecision Certificate of Order entered in J. &O. Book, volume 1066 page(s) 408 - 409

- 2009-09-14 Winnipeg

Transcript of hearing held at Winnipeg on10-SEP-2009 received on 14-SEP-2009 Sentdirectly to presiding Judge 264 pages(including covering pages).


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- 2009-09-10 Winnipeg

Winnipeg 10-SEP-2009 BEFORE TheHonourable Mr. Justice Campbell Language:E Before the Court: Judicial Review Resultof Hearing: Matter reserved held in CourtSenior Usher: J. FREDETTE Duration perday: 10-SEP-2009 from 09:33 to 17:20Courtroom : Courtroom No. 1 - WinnipegCourt Registrar: Renee Taillefer TotalDuration: 1d Appearances: J.R. NormanBoudreau Ph: 204.957.1717 Fx:204.949.9232 representing Applicant JamesJodouin Ph: 306.664.2468 Fx: 306.664.2469representing Applicant Jeff Dodgson Ph:204.983.2391 Fx: 204.984.6488 representingRespondent Harry Glinter Ph: 204.983.2391Fx: 204.984.6488 representing RespondentCourt Reporter: Cheryl Lavigne (FourSeasons Reporting Services) Ph:204.256.2343 Fx: 204.254.357710-SEP-2009 Transcript requested (on anexpedited basis) Minutes of Hearing enteredin Vol. 808 page(s) 225 - 231 Abstract ofHearing placed on file

51 2009-09-04 Winnipeg

Solicitor's certificate of service on behalf ofJ. R. NORMAN BOUDREAU confirmingservice of DOC. 50 upon Respondent bypersonal service on 04-SEP-2009 filed on04-SEP-2009

50 2009-09-04 Winnipeg

Reply of the Applicant First Nations to theWritten Submissions of the Respondents inRespect of Questions Posed by JusticeCampbell (Electronic copy forwarded topresiding Judge, Justice Campbell.) filed on04-SEP-2009

- 2009-08-24 Winnipeg

Memorandum to file from Robert M'vondodated 24-AUG-2009 E-version of theRespondents'Argument (Word)re: Answersto Mr. Justice Campbell's Questions of20-MAY-2009 received & forwarded to Mr.Justice Campbell. placed on file.

49 2009-08-24 WinnipegWritten Submissions on behalf ofRespondent concerning Answers toQuestions of Mr. Justice Campbell of May


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20, 2009 with proof of service uponApplicant on 24-AUG-2009 filed on24-AUG-2009

- 2009-07-20 Winnipeg

Memorandum to file from Robert M'vondodated 20-JUL-2009 Word version ofApplicant's submissions - Doc. 47 receivedand forwarded to the Presiding Judge(Campbell, J.) placed on file.

48 2009-07-17 Saskatoon

Affidavit of service of Diane Barringtonsworn on 17-AUG-2009 on behalf ofApplicant confirming service of the Answersto the Applicants to the Questions of JusticeCampbell of May 20, 2009 - Doc. 47 uponRespondent by courier on 17-JUL-2009 filedon 17-JUL-2009

47 2009-07-17 Saskatoon

Written Submissions on behalf of Applicantconcerning Answers to the Questions ofJustice Campbell of May 20, 2009. filed on17-JUL-2009

- 2009-06-12 Winnipeg

Letter from Respondent dated 12-JUN-2009"Further to the June 2, 2009 Direction ofJustice Campbell, the parties propose thefollowing schedule in respect of the filing ofsupplemental written arguments: Applicant'ssubmissions: July 17, 2009; Respondents'submissions: August 25, 2009; Reply:September 7, 2009..." Scanned & e-mailed tothe Presiding Judge, Mr. Justice Campbell.received on 12-JUN-2009

- 2009-06-02 Winnipeg

Oral directions received from the presidingjudge dated 02-JUN-2009 directing that 1.The date for continuation will be September10 and 11, 2009 at Winnipeg starting at 9:30a.m. on the 10th. 2. Counsel shall revise theschedule for supplemental arguments to befiled on or before September 9, 2009 andsend confirmation of the revised schedule tothe Court. 3. Counsel shall send to theRegistrar copy of all arguments in Wordformat as they are filed. 4. Counsel shallcontact the Winnipeg Registry to arrange aconference call if there are any issues to


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discuss." placed on file on 02-JUN-2009Confirmed in writing to the party(ies)

- 2009-06-02 Winnipeg

Memorandum to file from Robert M'vondodated 02-JUN-2009 Parties advised by phone& fax on openings on September 8, 10 & 11,2009 . Awaiting for their responses. placedon file.

- 2009-05-27 Winnipeg

Letter from Applicant dated 27-MAY-2009advising the Court that the Applicant will notbe available from September 14 to October2, 2009 and requesting confirmation ofhearing dates. Scanned & e-mailed to thePresiding Judge, Mr. Justice Campbell.received on 27-MAY-2009

- 2009-05-25 Winnipeg

Oral directions received from the Court: TheHonourable Mr. Justice Campbell dated25-MAY-2009 directing that 1. the date forcontinuation will be September 17 and 18,2009 in Winnipeg starting at 9:30 a.m. on the17th. This is the only time available. 2.Counsel shall revise the schedule forsupplemental arguments to be filed on orbefore September 16, 2009 with a copy of allarguments to be sent to the Regsitrar in Wordformat as they are filed. 3. Counsel shallcontact the Winnipeg Registry to arrange aconference call if there are any issues todiscuss. placed on file on 25-MAY-2009Confirmed in writing to the party(ies)

- 2009-05-20 Winnipeg

Oral directions received from the presidingjudge dated 20-MAY-2009 directing that 1.The Applicants shall serve and file theirwritten submissions by July 19, 2009. 2. TheRespondents shall serve and file their writtensubmissions by August 31, 2009. 3. TheApplicants shall serve and file their reply bySeptember 18, 2009. 4. Parties shall providethe Registrar with an electronic (Word)version of their current arguments and futuresubmissions. 5. Counsel for the parties shallcontact the Registry anytime to request acase maangement conference." received athearing on 20-MAY-2009 Confirmed in


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writing to the party(ies)

- 2009-05-20 WinnipegDraft Questions for Consideration byCounsel provided by the Presiding Judgereceived at hearing on 20-MAY-2009

46 2009-05-20 Winnipeg

Order dated 20-MAY-2009 rendered by TheHonourable Mr. Justice Campbell Matterconsidered with personal appearance TheCourt's decision is with regard to JudicialReview (s.18) Result: adjourned sine die ThePresent Application is adjourned forcontinuation on a date to be set byagreement. Filed on 20-MAY-2009 certifiedcopies sent to parties Transmittal Lettersplaced on file. entered in J. & O. Book,volume 1054 page(s) 446 - 446 InterlocutoryDecision

- 2009-05-20 Winnipeg

Winnipeg 20-MAY-2009 BEFORE TheHonourable Mr. Justice Campbell Language:E Before the Court: Judicial Review Resultof Hearing: Matter adjourned sine die held inCourt Senior Usher: Joe Fredette Durationper day: 20-MAY-2009 from 09:30 to 11:00Courtroom : Courtroom No. 1 - WinnipegCourt Registrar: Robert Mvondo TotalDuration: 2.30min Appearances: J.R.Norman Boudreau (204) 957-1717 / Fax:9204) 943-6199 representing ApplicantJames D. Jodouin (306) 664-2467 / Fax:(306) 664-2469 representing ApplicantHarry Glinter (204) 983-2391 / Fax: (204)984-6488 representing Respondent JeffDodgson (204) 983-4606 / Fax: (204)984-6488 representing RespondentComments: 1. Draft Questions forconsideration by counsel provide to Partiesby the Presideing Judge; 2. The Applicantsshall serve and file their written submissionsby July 19, 2009; 3. The Respondents shallserve & file their written submissions byAugust 31, 2009; 4. The Applicants shallserve and file their reply by September 18,2009; 5. Parties shall provide the Registrarwith an electronic (Word) version of their


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current arguments and future submissions; 6.Counsel for the Parties shall contact theWinnipeg Registry anytime to request a casemanagement conference. Minutes of Hearingentered in Vol. 802 page(s) 117 - 120Abstract of Hearing placed on file

45 2009-03-10 Ottawa

Order (time and place) dated 10-MAR-2009rendered by Chief Justice Lutfy and signedby Judicial Administrator fixing JudicialReview (s.18) to be heard at Special Sittingin Winnipeg on 20-MAY-2009 to begin at09:30 duration: 2d language: E Filed on10-MAR-2009 cc's sent to parties entered inJ. & O. Book, volume 1048 page(s) 361 -362 Transmittal letters placed on file

- 2008-12-15 WinnipegCovering letter from Respondent dated11-DEC-2008 concerning Doc. No. 44placed on file on 15-DEC-2008

44 2008-12-15 Winnipeg

Respondent's Record Number of copiesreceived/prepared: 3 on behalf ofRespondent (filed pursuant to directions ofthe Court dated 13-DEC-2008) with proof ofservice upon Applicant on 11-DEC-2008filed on 15-DEC-2008

- 2008-12-15 Winnipeg

Written directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated13-DEC-2008 directing that "Upon readingcorrespondence from counsel for theRespondents dated December 11, 2008, andupon being satisfied that reproduction of theRespondents' affidavit evidence should bedispensed with in light of the volume of thematerial, the Respondents' Record shall beaccepted for filing." placed on file on15-DEC-2008 Confirmed in writing to theparty(ies)

- 2008-11-18 Ottawa

Communication to the Court from theRegistry dated 18-NOV-2008 re: requestingthat a date for the JR be set down, perRequisition for Hearing filed 14-NOV-2008.

43 2008-11-14 WinnipegSolicitor's certificate of service on behalf ofJ.R. NORMAN BOUDREAU confirming


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service of Requisition for Hearing - Doc. 42upon Respondent by telecopier on13-NOV-2008 filed on 14-NOV-2008

42 2008-11-14 WinnipegRequisition for hearing - Application fromApplicant filed on 14-NOV-2008 TariffApplication or appeal - $50.00

41 2008-11-12 Winnipeg

Solicitor's certificate of service on behalf ofJ.R.NORMAN BOUDREAU confirmingservice of Applicant's Record - Doc. 40 uponRespondent by courier on 12-NOV-2008filed on 12-NOV-2008

40 2008-11-12 WinnipegApplicant's Record Number of copiesreceived/prepared: 3 on behalf of Applicantfiled on 12-NOV-2008

39 2008-09-05 Winnipeg

Order dated 05-SEP-2008 rendered by RogerLafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to CaseManagement Conference Result: granted inpart This Court Orders: 1- The parties shallcomplete cross-examinations on affidavits byOctober 11, 2008. 2- The Applicants shallserve and file the Applicants' Record byNovember 11, 2008. 3- The Respondentsshall serve and file the Respondents' Recordby December 11, 2008. 4- The Applicantsshall serve and file a Requisition for Hearingno later than November 20, 2008. Filed on05-SEP-2008 certified copies sent to partiesTransmittal Letters placed on file. entered inJ. & O. Book, volume 1033 page(s) 112 -113 Interlocutory Decision

- 2008-09-05 Winnipeg

Winnipeg 05-SEP-2008 BEFORE RogerLafrenière, Esq., Prothonotary Language: EBefore the Court: Case ManagementConference Result of Hearing: Matterpartially granted held in chambers by way ofConference Call Duration per day:05-SEP-2008 from 09:30 to 09:50Courtroom : Winnipeg Registry Office CourtRegistrar: Robert Mvondo Total Duration:20min Appearances: J.R. Norman Boudreau


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(204) 957-1717 ext. 305 / Fax: (204)943-6199 representing Applicant JeffDodgson (204) 983-4606 / Fax: (204)984-6488 representing RespondentComments: Parties agree on a schedule .Order to be issued. Minutes of Hearingentered in Vol. 783 page(s) 274 - 275Abstract of Hearing placed on file

- 2008-09-04 Winnipeg

Letter from Applicant dated 04-SEP-2008"In anticipation of the Case ManagementConference to be held on September 5, 2008,with respect to the above noted matter, theApplicants would like to set out theirposition regarding the timeline for thecompletion of the cross-examination onAffidavits and the remaining steps in thisproceeding.... received on 04-SEP-2008

- 2008-08-29 Winnipeg

Oral directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated29-AUG-2008 directing that "A casemanagement conference will be held byteleconference with counsel for the partieson Friday, September 5, 2008 at 9:30 a.m."placed on file on 29-AUG-2008 Confirmedin writing to the party(ies)

- 2008-08-29 Winnipeg

Letter from Respondent dated 29-AUG-2008"Further to Norman Boudreau's letter oftoday's date, please be advised that I am notavailable September 9, 2008 to attend ateleconference case management."Forwarded to Mr. Prothontary Lafrenière.received on 29-AUG-2008

- 2008-08-29 Winnipeg

Letter from Applicant dated 29-AUG-2008"Further to Prothonotary Lafrenière's Orderof June 19, 2008, the Applicants were tosubmit a joint schedule for the completion ofcorss-examinations and the remaining stepsin the proceeding within 10 days of serviceof the section 39 Certificate. The Applicantsreceived the section 39 Certificate on August21, 2008. The Order of ProthonotaryLafrenière indicated that in the event that theparties could not agree on a schedule, the


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Applicants were to request a casemanagement conference. This is to informyou that the parties are unable to arrive at aconsent with respect to the scheduling of theremaining steps. Therefore, the parties arejointly requesting that a case managementconference be convened. The parties areavailable at any time during the next twoweeks to attend a tele-conference casemanagement at 9:00 a.m. (CST) save andexcept Wednesday, September 3 andWednesday, September 10, 2008. We lookforward to hearing from the Court at yourearliest convenience." Forwarded toProthonotary Lafrenière. received on29-AUG-2008

38 2008-08-21 Winnipeg

Solicitor's certificate of service on behalf ofJeff Dodgson confirming service ofDocument No. 37 upon Applicant by courieron 21-AUG-2008 filed on 21-AUG-2008

37 2008-08-21 Winnipeg

Affidavit of Kevin Chan sworn on19-AUG-2008 on behalf of Respondent foruse at trial with Exhibits "A": Section 39Certificate, Canada Evidence Act filed on21-AUG-2008

36 2008-06-20 Winnipeg

Solicitor's certificate of service on behalf ofVoula Karlaftis confirming service of doc.no. 35 upon Applicant by telecopier on20-JUN-2008 filed on 20-JUN-2008

35 2008-06-20 Winnipeg

Supplementary Affidavit of EdgarRasmussen sworn on 20-JUN-2008 onbehalf of Respondents in reply to affidavitDoc. No. 32 filed on 20-JUN-2008

34 2008-06-19 Winnipeg

Order dated 19-JUN-2008 rendered byRoger Lafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to CaseManagement Conference Result: " ThisCourt Orders that: 1- The Applicants' requestfor referral of the proceeding to a disputeresolution conference is denied. 2- Theparties are dispensed from the requirement to


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conduct cross-examination on affidavitspending production by the Privy CouncilOffice of a section 39 certificate under theCanada Evidence Act. 3- The Applicantsshall submit a joint schedule for completionof cross-examination and the remaining stepsin the proceeding within 10 days of serviceof the section 39 certificate. In the event theparties cannot agree on a schedule, theApplicants shall forthwith requisition a casemanagement conference. Filed on19-JUN-2008 certified copies sent to partiesTransmittal Letters placed on file. entered inJ. & O. Book, volume 1026 page(s) 216 -217 Interlocutory Decision

- 2008-06-19 Winnipeg

Winnipeg 19-JUN-2008 BEFORE RogerLafrenière, Esq., Prothonotary Language: EBefore the Court: Case ManagementConference Result of Hearing: Matteradjourned sine die held by way ofConference Call Duration per day:19-JUN-2008 from 10:30 to 10:45Courtroom : Courtroom No. 2 - WinnipegCourt Registrar: Robert Mvondo TotalDuration: 15min Appearances: J. R. NormanBoudreau (204) 957-1717 ext. 305 / Fax:(204) 949-9232 representing ApplicantVoula Karlaftis (204) 983-4602 / Fax: (204)984-6488 representing Respondent HarryGlinter (204) 983-2391 / Fax: (204)984-6488 representing RespondentAnderson-Lindsay (204) 983-2391 / (204)984-6488 representing Respondent KevinStaska (204) 983-2391 / Fax: (204)984-6488 representing RespondentComments: Order to follow Minutes ofHearing entered in Vol. 778 page(s) 282 -284 Abstract of Hearing placed on file

- 2008-06-18 Winnipeg

Oral directions received from the Court:Roger Lafrenière, Esq., Prothonotary dated18-JUN-2008 directing that "A casemanagement conference shall be held byteleconference with counsel for the parties


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on Thursday, June 19, 2008 at 10:30 a.m.(Central)." placed on file on 18-JUN-2008Confirmed in writing to the party(ies)

- 2008-06-18 Winnipeg

****** CANCELLED ****** Oraldirections of assessment officer receivedfrom Roger Lafrenière, Esq., Prothonotarydated 18-JUN-2008 directing that "A Casemanagement conference shall be held byteleconference with counsel for the partieson Thursday, June 19, 2008 at 10:30 a.m.(Central)." placed on file on 18-JUN-2008

- 2008-06-18 Winnipeg

Letter from Applicant dated 18-JUN-2008advising the court that that... the partieswould like to set a case managementconference before the Prothonotary on June19, 2008, at 10:30 a.m., central standardtime... Faxed to Mr. Prothonotary Lafrenière.received on 18-JUN-2008

- 2008-06-18 Winnipeg

Memorandum to file from Robert M'vondodated 18-JUN-2008 The Registry hascontacted Mr. Norman Boudreau, counsel forthe Applicants by phone & fax and advisedhim to canvass dates of availability withopposing counsel. He was also advised onthe availability of the Court with regard tothe requested management conference.placed on file.

- 2008-06-17 Winnipeg

Letter from Applicant dated 17-JUN-2008requesting a telephone case-managementconference be called at the earlyconvenience of the Court, with consent fromthe the Respondents. Faxed to Mr.Prothonotary Lafrenière. received on17-JUN-2008

33 2008-06-04 Winnipeg

Solicitor's certificate of service on behalf ofJ.R. NORMAN BOUDREAU confirmingservice of Affidavit of Chief Deborah Chief -Doc. 32 upon Respondent by courier on04-JUN-2008 filed on 04-JUN-2008

32 2008-06-04 WinnipegAffidavit of CHIEF DEBORAH CHIEFsworn on 08-MAY-2008 on behalf ofApplicant in support of Notice of


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Application Doc. No. 1 with Exhibits A, B,C, D, E, F, G, H, I, J, K, L, M, N, O, P, Qfiled on 04-JUN-2008

31 2008-06-04 Winnipeg

Order dated 03-JUN-2008 rendered byRoger Lafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to Motion inwriting Doc. No. 22 Result: granted " 1. TheApplicants are granted leave to file theadditional affidavit of Chief Deborah Chiefsworn May 8, 2008, along with proof ofservice by June 10, 2008. 2. TheRespondents shall serve and file theiraffidavit evidence pursuant to Rule 307 nolater than June 23, 2008. 3. The time fortaking subsequent steps under Part 5 of theFederal Courts Rules is extended to run fromthe date of service of the Resondents'affidavit of evidence on the Applicants orJune 23, 2008 2008, whichever is earlier. "Filed on 04-JUN-2008 certified copies sentto parties Transmittal Letters placed on file.entered in J. & O. Book, volume 1024page(s) 314 - 315 Interlocutory Decision

30 2008-05-30 Winnipeg

Solicitor's certificate of service on behalf ofVioula Karlaftis confirming service ofAffidavits 28 & 29 upon Applicant byprocess server on 30-MAY-2008 filed on30-MAY-2008

29 2008-05-30 Winnipeg

Affidavit of Edgar Rasmussen ( consisting of3 volumes) sworn on 28-MAY-2008 onbehalf of Respondent in opposition to Noticeof Application Doc. No. 1 with Exhibits A toZ .....AA to KK filed on 30-MAY-2008Exhibit No(s). 1 box placed in Bay No. 102

28 2008-05-30 Winnipeg

Affidavit of Lezlie Locke sworn on16-MAY-2008 on behalf of Respondent inopposition to Notice of Application Doc. No.1 with Exhibits A B C D E F G filed on30-MAY-2008

- 2008-05-30 WinnipegLetter from Respondent dated 30-MAY-2008"The Respondent takes no position with


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respect to the Applicant's motion seekingleave to file the additional affidavit of ChiefDeborah Chief, sworn May 8, 2008.However, it does reserve its right tochallenge the veracity and admissibility ofthe evidence. We apologize to the Court andthe Applicants for our delay in confirmingour position with respect to the Applicants'motion, and thank you for your courtesy."sent to Mr. Prothontary Lafrenière. receivedon 30-MAY-2008

27 2008-05-14 Ottawa

Order dated 14-MAY-2008 rendered byChief Justice Lutfy Matter consideredwithout personal appearance The Court'sdecision is with regard to Order dated06-MAR-2008 Result: Prothonotary RogerLafrenière is designated as CaseManagement Judge Filed on 14-MAY-2008certified copies sent to parties TransmittalLetters placed on file. entered in J. & O.Book, volume 1023 page(s) 3 - 3Interlocutory Decision

26 2008-05-09 Winnipeg

Solicitor's certificate of service on behalf ofJanet Jardine confirming service of theMotion Record of the Applicant - Doc. 25upon Respondent by courier on09-MAY-2008 filed on 09-MAY-2008

25 2008-05-09 Winnipeg

Motion Record containing the followingoriginal document(s): 22 23 24 Number ofcopies received: 3 on behalf of Applicantfiled on 09-MAY-2008

24 2008-05-09 Winnipeg

Written Representations contained within aMotion Record on behalf of Applicantconcerning Motion in writing Doc. No. 22filed on 09-MAY-2008

23 2008-05-09 Winnipeg

Affidavit of Chief Deborah Chief sworn on08-MAY-2008 contained within a MotionRecord on behalf of Applicant in support ofMotion Doc. No. 22 with Exhibits "A", "B" ,and "C". filed on 09-MAY-2008

22 2008-05-09 WinnipegNotice of Motion contained within a MotionRecord on behalf of Applicant in writing to


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be dealt with in the Winnipeg local office foran Order 1-for leave of this HonourableCourt for the Applicant to serve and file anadditional affidavit; and 2- Such other andfurther relief as this Honourable Court maydeem just. filed on 09-MAY-2008

21 2008-05-08 Winnipeg

Consent on behalf of all parties to extend thetime to serve and file the Respondent'sAffidavit evidence for an additional 15 dayspast May 16, 2008, which period expires onJune 2, 2008, pursuant to Rule 7 of theFederal Court Rules. filed on 08-MAY-2008

20 2008-04-15 Winnipeg

Solicitor's certificate of service on behalf ofJ.R. Norman Boudreau confirming service ofthe Affidavit of Verne Laforte - Doc. 19upon Respondent by courier on15-APR-2008 filed on 15-APR-2008

19 2008-04-15 Winnipeg

Affidavit of Verne Laforte sworn on15-APR-2008 on behalf of Applicant insupport of Notice of Application Doc. No. 1with Exhibits "A" and "B" filed on15-APR-2008

18 2008-04-14 Winnipeg

Solicitor's certificate of service on behalf ofJ.R. Norman Boudreau confirming service ofAffidavit of Chief Denis Meeches - Doc. 16,and the Affidavit of Chief Glenn Hudson-Doc. 17 upon Respondent by courier on14-APR-2008 filed on 14-APR-2008

17 2008-04-14 Winnipeg

Affidavit of Chief Glenn Hudson sworn on11-APR-2008 on behalf of Applicant insupport of Notice of Application Doc. No. 1filed on 14-APR-2008

16 2008-04-14 Winnipeg

Affidavit of Chief Dennis Meeches sworn on09-APR-2008 on behalf of Applicant insupport of Notice of Application Doc. No. 1with Exhibits "A" to "Z" and "AA" to "JJ"filed on 14-APR-2008

- 2008-03-26 Winnipeg

Letter from Respondent dated26-MAR-2008 " .... The Notice ofApplication seeks the judicial review of theTreasury Board's decision to dispose of theproperty at issue. The Respondent takes the


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position that all document(s) that may havebeen considered by the Treasury Board inmaking its decision constitute a confidenceof the Queen's Privy Council for Canadawithin the meaning of Section 39 of theCanada Evidence Act and are thereforeprivileged. The Respondent undertakes to fila Certificate from the Clerk of the PrivyCouncil Office confirming the privilegedstatus of the document(s) in due course. "received on 26-MAR-2008

15 2008-03-11 Winnipeg

Order dated 11-MAR-2008 rendered byRoger Lafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to Motion inwriting Doc. No. 10 Result: 1- TheApplicants are granted an extension of timeto serve and file the Applicants' Affidavitevidence. 2- The Applicants shall serve andfile the Applicants' Affidavit evidence nolater than 20 days from the date of theservice of the certified tribunal record. 3-The Time for taking subsequent steps underPart 5 of the Federal Courts Rule is extendedto run from the date of service of theApplicants' affidavit evidence on theRespondents. 4- The Applicants aredispensed from the requirement to submit ajoint schedule for completion of theremaining steps by April 3, 2008. Filed on11-MAR-2008 certified copies sent to partiesTransmittal Letters placed on file. entered inJ. & O. Book, volume 1016 page(s) 133 -134 Interlocutory Decision

14 2008-03-06 Winnipeg

Solicitor's certificate of service on behalf of JR Norman Boudreau confirming service ofmotion record doc 13 upon Respondent bytelecopier on 06-MAR-2008 filed on06-MAR-2008

13 2008-03-06 Winnipeg

Motion Record containing the followingoriginal document(s): 10 11 12 Number ofcopies received: 3 on behalf of Applicantfiled on 06-MAR-2008


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12 2008-03-06 Winnipeg

Written Representations contained within aMotion Record on behalf of Applicantconcerning Motion in writing Doc. No. 10filed on 06-MAR-2008

11 2008-03-06 Winnipeg

Affidavit of Jo-Ann Berard sworn on06-MAR-2008 contained within a MotionRecord on behalf of Applicant in support ofMotion Doc. No. 10 with Exhibits A B C(consent) filed on 06-MAR-2008

10 2008-03-06 Winnipeg

Notice of Motion contained within a MotionRecord on behalf of Applicant in writing tobe dealt with in the Winnipeg local office foran Order for an extension of time for theApplicant to serve and file the Applicant'saffidavit evidence within 20 days after thetime the Res;pondent jproduces the certifiedtribunal frecord; and 2. such other andfurther relief as this Honourble Court maydeem just. filed on 06-MAR-2008

9 2008-03-06 Winnipeg

Order dated 06-MAR-2008 rendered byRoger Lafrenière, Esq., Prothonotary Matterconsidered without personal appearance TheCourt's decision is with regard to Motion inwriting Doc. No. 5 Result: granted - "TheRespondent, Her Majesty the Queen, isgranted an extension of time to March 26,2008 to serve and file a certified tribunalrecord. The application shall continue as aspecially managed proceeding. The applicantshall submit, no later than April 3, 2008, ajoint schedule for completion of theremaining steps in the proceeding. In theevent the parties cannot agree on a schedule,the applicant shall forthwith requisition acase management teleconference by lettersetting out the following information: a) anagenda for the conference; b) a summary ofthe positions of the parties with respect tothe agenda items; c) draft wording for thedirections or orders required from the Court;d) the estimated duration of the conference;and e) dates of mutual availability of counselfor the parties." Filed on 06-MAR-2008


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certified copies sent to parties TransmittalLetters placed on file. entered in J. & O.Book, volume 1016 page(s) 23 - 24Interlocutory Decision

- 2008-03-03 Winnipeg

Letter from Applicant dated 03-MAR-2008 "Further to the Motion Record of the AttorneyGeneral of Canada served and filed onFebruary, 2008, the Applicant does not takea position regarding the order for anexension of time sought by the Respondednt,Her Majesty the Queen. received on03-MAR-2008

8 2008-02-25 Winnipeg

Motion Record containing the followingoriginal document(s): 5 6 7 Number ofcopies received: 3 on behalf of Respondentfiled on 25-FEB-2008 with proof of serviceon Applicant on 25-FEB-2008

7 2008-02-25 Winnipeg

Written Representations contained within aMotion Record on behalf of Respondentconcerning Motion in writing Doc. No. 5filed on 25-FEB-2008

6 2008-02-25 Winnipeg

Affidavit of Edward Staska sworn on25-FEB-2008 contained within a MotionRecord on behalf of Respondent in supportof Motion Doc. No. 5 filed on 25-FEB-2008

5 2008-02-25 Winnipeg

Notice of Motion contained within a MotionRecord on behalf of Applicant in writing tobe dealt with in the Winnipeg local office foran Order for an extension of time for theRespondent to produce the certified tribunalrecord by thrity day (to March 26, 2008) andb) such further and other relief as thisHonourable Court deems just. filed on25-FEB-2008

- 2008-02-19 Winnipeg

Letter from Respondent dated 19-FEB-2008" ........ that the Attorney General of Canadatakes the position that all Treasury Boarddocuments that may exist, with respect to thedecision to dispose of the property known asthe Kapyong Barrcks, whould be aconfidence of the Queen's Privy Council forCanada within the meaning of Section 39 of


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the Canada Evideance At and are themselvesprivileged. To the extent that suchdocuments exist a Certificate from the Clerkof the Privy Council Office will follow indue course. " received on 19-FEB-2008

4 2008-02-08 Winnipeg

Consent on behalf of all parties to 1- Extendthe time to serve and file the records thatwere before the Tribunals for an additional10 days past February 14, 2008, whichperiod expires on February 25, 2008. 2-Extend the time to serve and file theApplicants Affidavit evidence for anadditional 15 days past February 25, 2008,which period expires on March 11, 2008.filed on 08-FEB-2008

- 2008-02-04 Winnipeg

Letter from Respondent dated 04-FEB-2008" Take notice that pursuant to Federal Courtrule 318, the respondent object to producingany privileged documents in the possessionof the tribunall, including those which maybe cabinet confidences within the meaning ofs. 37 of the Canada Evideance Act. receivedon 04-FEB-2008

3 2008-02-01 Winnipeg

Solicitor's certificate of service on behalf ofVoula Karlaftis confirming service of doc.no. 2 upon Applicant by telecopier on01-FEB-2008 filed on 01-FEB-2008

2 2008-02-01 Winnipeg Notice of appearance on behalf ofRespondent filed on 01-FEB-2008

1 2008-01-25 Winnipeg

Notice of application and 2 copies withregard to Judicial Review (s.18) returnable(but no hearing date indicated at this time)filed on 25-JAN-2008 Certifiedcopy(ies)/copy(ies) transmitted to Director ofthe Regional Office of the Department ofJustice Tariff fee of $50.00 received: yes

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