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RECORDED ENTRY(IES) FOR T-139-08

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RECORDED ENTRY(IES) FOR T-139-08

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Court Number : T-139-08 Style of Cause : Proceeding Category : LONG PLAIN FIRST NATION ET AL v. HER MAJESTY THE QUEEN ET AL Applications Nature : Others - Crown (v. Queen) [Applications]

Type of Action : Non-Action ( 237 records found ) Doc Date Filed Ofce 2012-12-13

Recorded Entry Summary

Facsimile Broadcast Report: Successful transmission of Reasons for Judgment and Winnipeg Judgment dated December 13, 2012 - Doc. 141 to all parties received on 13-DEC-2012 Reasons for Judgment and Judgment dated 13-DEC-2012 rendered by The Honourable Mr. Justice Hughes Matter considered without personal appearance The Court's decision is with regard to Judicial Review (s.18) Result: granted in part dismissed in part "For the Reasons provided: This Court's Judgment is that: 1. The application as made by the Applicants Long Plain, Peguis, Winnipeg Roseau River and Sandy Bay is allowed; 2. The application as made by the Applicants Sagkeeng and Swan Lake is dismissed; 3. The Respondents' decision of November 2007 to sell the Kapyong Operational Barracks to Canada Lands Company is set aside; 4. The Respondents are enjoined from selling the Kapyong Operational Barracks to Canada Lands Company, or anyone else,

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until they can demonstrate to the Court that they have fullled in a meaningful way their duty to consult with the Applicants; and 5. The parties may make submissions as to costs, not to exceed ve pages, by January 15, 2013." Filed on 13-DEC-2012 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1178 page(s) 1 - 46 Final Decision Memorandum to le from R. Taillefer dated 06-DEC-2012 Each party for this le submitted a compendium of evidence and Winnipeg law at the hearing on 04-DEC-2012 to 05-DEC-2012. These compendiums were kept by the presiding Judge. placed on le. Winnipeg 04-DEC-2012 BEFORE The Honourable Mr. Justice Hughes Language: E Before the Court: Judicial Review Result of Hearing: Matter reserved held in Court Senior Usher: T. BRYCE Duration per day: 04-DEC-2012 from 09:36 to 16:39 Courtroom : Courtroom No. 1 - Winnipeg Court Registrar: Renee Taillefer 05-DEC-2012 from 09:03 to 15:34 Courtroom : Courtroom No. 1 - Winnipeg Court Registrar: Renee Taillefer Total Duration: 2d Appearances: J.R. NORMAN BOUDREAU Ph: 204.957.1717 Fx: 204.949.9232 representing Applicants (Long Winnipeg Plain and Sandy Bay Ojibway First Nations) JEFFREY RATH and NATHALIE WHYTE Ph: 403.931.4047n Fx: 403.931.4048 representing Applicant (Peguis First Nation) HARLEY SCHACHTER, BILL HAIGHT, and KARA BJORNSON Ph: 204.942.3361 Fx: 204.942.3362 representing Applicant (Roseau River Anishinabe First Nation) IVAN HOLLOWAY and UZMA SAEED Ph: 204.942.2271 Fx: 204.943.4242 representing Applicants (Swan Lake and Sagkeeng First Nations) JEFF DODGSON and JEFF ECHOLS Ph: 204.983.2391 Fx: 204.984.6488 representing Respondent

2012-12-06

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Comments: DARS was employed. Unit used: DARS Z005144. Minutes of Hearing entered in Vol. 872 page(s) 123 - 141 Abstract of Hearing placed on le 2012-12-03 Fax Conrmation conrming successful transmission of order dated 03-DEC-2012 Winnipeg (Doc. 140) to all parties on 03-DEC-2012. placed on le on 03-DEC-2012 Order dated 03-DEC-2012 rendered by The Honourable Mr. Justice Hughes Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: "1. The style of cause herein shall be amended by Winnipeg removing the name BROKENHEAD FIRST NATION from the named Applicants herein. 2. No Order as to costs." Filed on 03-DEC-2012 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1176 page(s) 318 319 Interlocutory Decision Winnipeg 03-DEC-2012 BEFORE The Honourable Mr. Justice Hughes Language: E Before the Court: Case Management Conference Result of Hearing: Matter reserved held in Court Senior Usher: T. BRYCE Duration per day: 03-DEC-2012 from 14:03 to 14:25 Courtroom : Courtroom No. 1 - Winnipeg Court Registrar: Renee Taillefer Total Duration: 22min Appearances: J.R. NORMAN BOUDREAU Ph: 204.957.1717 Fx: 204.949.9232 Winnipeg representing Applicants (Long Plain First Nation; Sandy Bay Ojibway First Nation) JEFFREY RATH and NATHALIE WHYTE Ph: 403.931.4047 Fx: 403.931.4048 representing Applicant (Peguis First Nation) HARLEY SCHACHTER Ph: 204.942.3361 Fx: 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) JEFFREY DODGSON, VOULA KARLAFTIS Ph: 204.983.2391 Fx: 204.984.6488 representing Respondent Comments: Request for Adjournment submitted by way of letter has been denied. The hearing of the Judicial Review will proceed as scheduled on December 4 and 5, 2012 in Winnipeg. Minutes of Hearing entered in Vol. 872 page(s) 43 - 45 Abstract of Hearing placed on le Letter from Respondent dated 30-NOV-2012 "I would ask that this letter be brought to the attention of the case manager, Prothonotary Lafreniere, and also to Justice Hughes, whom I understand is scheduled to preside over the hearing of this matter, currently set for December 4-5, 2012, in Winnipeg. This letter is written in response to the request of the applicants for an adjournment of the above noted hearing dates. The Crown takes Winnipeg no position in respect of the adjournment request. However, should the Court be inclined to grant the adjournment request, the Crown would respectfully request that the adjournment be only for a short period of time, and that venues other than Winnipeg be considered for the hearing, should doing so assist in the rescheduling of the hearing in a short timeframe." Forwarded to Trial-JA and presiding Judge. received on 30-NOV-2012 Letter from Counsel for Applicant (Peguis First Nation) dated 30-NOV-2012 "Further to the Court's recent communication with counsel, this letter is to advise that all of the Applicants in the above captioned matter are Winnipeg respectfully requesting an adjournment of the hearing set for December 4th and 5th 2012. The Applicants also respectfully seek leave for the above relief to be granted

2012-11-30

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without ling a Motion Record. We are advised by the Respondent Canada that it acknowledges this letter, and that it will provide the Court with a letter with regard to this request for adjournment. Thank you for taking this request into consideration, we look forward to hearing from you." Forwarded to Trial-JA & presiding Judge. received on 30-NOV-2012 Correction to General Sitting concerning Motion Doc. No. 126 Hearing removed from General Sitting at Winnipeg on Winnipeg 04-DEC-2012 Reason for correction: Notice of Abandonment/ Withdrawal of motion Doc. 126 led November 30, 2012 Afdavit of service of Brittany Dann sworn on 30-NOV-2012 on behalf of Jeffrey F. Harris of Myers Weinberg LLP conrming service of Doc. 138 upon all parties Winnipeg including the Applicant, Long Plain First Nation by telecopier on 30-NOV-2012 with Exhibits "A" through "D" led on 30-NOV-2012 Notice of abandonment of motion Motion Doc. No. 126 currently scheduled to be Winnipeg heard at General Sitting on 03-DEC-2012 on behalf of Jeffrey F. Harris of Myers Weinberg LLP led on 30-NOV-2012 Solicitor's certicate of service on behalf of J.R. NORMAN BOUDREAU conrming Winnipeg service of Doc. 136 upon all parties by email (with consent of recipients) on 23-NOV-2012 led on 28-NOV-2012 Notice of change of solicitor on behalf of Winnipeg Applicant (Long Plain First Nation) led on 28-NOV-2012 Afdavit of service of JEFFREY DODGSON sworn on 19-NOV-2012 on behalf of Respondent conrming service of Winnipeg Doc. 134 upon all parties by e-mail (with consent of recipients) on 14-NOV-2012 with Exhibits A led on 19-NOV-2012

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134 2012-11-19

Motion Record in response to Motion Doc. No. 126 containing the following original Winnipeg document(s): 133 Number of copies received: 3 on behalf of Respondent led on 19-NOV-2012 Written Representations contained within a Motion Record on behalf of Respondent Winnipeg concerning Motion Doc. No. 126 led on 19-NOV-2012 Afdavit of service of BRITTANY DANN sworn on 15-NOV-2012 on behalf of Counsel for Applicant (Long Plain First Nation) conrming service of ID:213 Winnipeg (Written Directions) upon Applicant (Long Plain First Nation; attn Chief David Meeches) by telecopier on 14-NOV-2012 with Exhibits A led on 16-NOV-2012 Afdavit of service of BRITTANY DANN sworn on 13-NOV-2012 on behalf of Counsel for Long Plain First Nation conrming service of Doc. 129 upon Swan Lake First Nation, Sandy Bay First Nation, Winnipeg Peguis First Nation, Department of Justice, Brokenhead Ojibway Nation, Sagkeeng First Nation, Roseau River Anishinabe First Nation by email (with consent of recipients) on 12-NOV-2012 with Exhibits A to H led on 14-NOV-2012 Afdavit of service of GERALD ADAMS sworn on 08-NOV-2012 on behalf of Counsel for Long Plain First Nation conrming service of Doc. 129 upon Winnipeg Applicant (Long Plain First Nation) (by leaving with Chief D. Meeches) by personal service on 08-NOV-2012 led on 14-NOV-2012 Motion Record containing the following original document(s): 126 127 128 Number Winnipeg of copies received: 3 on behalf of Counsel for Long Plain First Nation (Applicant) led on 14-NOV-2012

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128 2012-11-14

Written Representations contained within a Motion Record on behalf of Counsel for Winnipeg Long Plain First Nation concerning Motion Doc. No. 126 led on 14-NOV-2012 Afdavit of JEFFREY F. HARRIS sworn on 02-NOV-2012 contained within a Motion Winnipeg Record on behalf of himself as counsel for Long Plain First Nation in support of Motion Doc. No. 126 led on 14-NOV-2012 Notice of Motion contained within a Motion Record on behalf of Counsel for Applicant (Long Plain First Nation) returnable at Special Sitting in Winnipeg on 04-DEC-2012 to begin at 09:30 for an Order "1. An Order pursuant to Rule 125(1) of the Winnipeg Federal Court Rules granting removal of the Firm from the Court record as legal counsel for the Plaintiffs; 2. The costs of this motion; 3. Such further and other relief as counsel may advise and this Honourable Court may permit." led on 14-NOV-2012 Written directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 14-NOV-2012 directing that "The motion by Jeffrey F. Harris and Kathryn F. Hordienko of Myers Weinberg LLP (Myers Weinberg) for an order pursuant to Rule 125(1) of the Federal Courts Rules to be removed as solicitors of record of the Applicant, Long Plain First Nation, shall be accepted for ling and made returnable at the outset of Winnipeg the hearing of the application on December 4, 2012. Any responding motion record shall be served and led no later than November 19, 2012. Myers Weinberg is directed to fax or e-mail a copy of these Directions to the Long Plain First Nation c/o Chief David Meeches forthwith and le proof of service by November 19, 2012." placed on le on 14-NOV-2012 Conrmed in writing to the party(ies)

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2012-11-08

Letter from Counsel for Applicant (Long Plain First Nation) dated 08-NOV-2012 "Please see attached Motion Record of the writer as lawyer for the Applicant Long Plain First Nation, seeking to withdraw as counsel on record due to lack of instructions from the First Nation. We are requesting leave of the Court for ling of same, in your capacity as Case Management Judge in this matter. Alternatively, we request that such Winnipeg motion be considered by you without formally ling with the Court, if you deem it an appropriate instance in which to do so. We can advise that the Motion Record has been served on our client in person by process server, and to the other parties in the litigation by way of email for which we are awaiting conrmation from each party that such manner of service is adequate for their purposes..." Forwarded to CMJ. received on 08-NOV-2012 Order (time and place) dated 09-JUL-2012 rendered by Chief Justice Crampton and signed by Judicial Administrator xing Judicial Review (s.18) to be heard at Special Sitting in Winnipeg on 04-DEC-2012 to begin at 09:30 duration: 2d language: E Filed on 09-JUL-2012 cc's sent to parties entered in J. & O. Book, volume 1162 page(s) 374 375 Transmittal letters placed on le

125 2012-07-09

Ottawa

2012-07-04

Letter from Respondent dated 04-JUL-2012 "I would kindly ask that this letter be brought to the attention of the Ofce of the Judicial Administrator. This letter is further to my earlier correspondence of May 25th, 2012, wherein I had requested, on behalf of all remaining parties, the scheduling of dates Winnipeg for the redetermination hearing of this matter. On June 7th, 2012, I was contacted by the Judicial Administrator's ofce, and advised that the dates of December 4th and 5th were available for the redetermination hearing... , ...I would very much appreciate

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advice as to the status of having this matter scheduled for hearing. If I can be of any assistance in that regard, please do not hesitate to contact me." Forwarded to the ofce of the Judicial Administrator. received on 04-JUL-2012 124 2012-06-11 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon Respondent by telecopier on 11-JUN-2012 led on 11-JUN-2012 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon the Applicant, Swan Lake First Nation by telecopier on 11-JUN-2012 led on 11-JUN-2012 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon the Applicant, Sandy Bay First Nation by telecopier on 11-JUN-2012 led on 11-JUN-2012 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon the Applicant, Roseau River Anishinabe First Nation by telecopier on 11-JUN-2012 led on 11-JUN-2012 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon the Applicant, Peguis First Nation by telecopier on 11-JUN-2012 led on 11-JUN-2012 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon the Applicant, Long Plain First Nation by telecopier on 11-JUN-2012 led on 11-JUN-2012 Solicitor's certicate of service on behalf of Brenda A. Johnston conrming service of Winnipeg Doc. 117 upon the Applicant, Brokenhead Ojibway First Nation by telecopier on 11-JUN-2012 led on 11-JUN-2012

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117 2012-06-11

Notice of change of solicitor on behalf of the Winnipeg Applicant, Sagkeeng First Nation led on 11-JUN-2012 Ottawa Communication to the Court from the Registry dated 31-MAY-2012 re: for re-scheduling of the Judicial Review hearing date

2012-05-31

2012-05-25

Letter from Respondent dated 25-MAY-2012 requesting that new dates be set for the redetermination hearing and providing the Winnipeg Court with dates of availability: October 18-19 and October 29 -31, 2012. Scanned & forwarded to SRO-JR/Ottawa; TRIALJA & CMJ received on 25-MAY-2012 Service copy of Doc. No. 113 with proof of Winnipeg service upon Respondents on 23-APR-2012 led on 23-APR-2012 Afdavit of service of Jenna Komadowski sworn on 18-APR-2012 on behalf of the Applicant, Roseau River Anishinabe First Winnipeg Nation conrming service of Doc. 115 upon all parties by telecopier on 18-APR-2012 with Exhibits "A" to "G" led on 19-APR-2012 Notice of change of solicitor on behalf of the Winnipeg Applicant, Roseau River Anishinabe Fist Nation led on 19-APR-2012 Order for Postponement dated 17-APR-2012 rendered by The Honourable Mr. Justice Harrington Matter considered with personal appearance The Court's decision is with regard to Letter from Respondent - Her Majesty the Queen dated 16-APR-2012 re: requesting that the Hearing to be heard in Winnipeg, Manitoba scheduled to be heard on April 23, 2012 be adjourned Result: granted 1. The Judicial review scheduled to commence in Winnipeg, Manitoba, on 23 April 2012 is adjourned sine die. 2. The case remains under special management by Prothonotary Lafrenire. 3. The whole without costs. Filed on 17-APR-2012 copies

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sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1154 page(s) 325 - 326 Interlocutory Decision Ottawa 17-APR-2012 BEFORE The Honourable Mr. Justice Harrington Language: E Before the Court: Meeting to discuss the adjournment of the hearing scheduled for April 23, 2012 Result of Hearing: Matter granted held by way of Conference Call in Court Duration per day: 17-APR-2012 from 03:00 to 03:10 Courtroom : Judge's Chambers - Ottawa Court Registrar: Valerie Jean-Gilles Total Duration: 10min Appearances: Mr. Norman Boudreau (204) 957-1717 representing Applicants - Peguis FN, Roseau River Anishinabe FN & Sandy Bay Ojibway FN Mr. Jeff R.W. Rath and Ms. White (403) 931-4047 representing Applicants - Peguis FN, Roseau River Anishinabe FN & Sandy Bay 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) 925-5395 representing Applicant Mr. Jeff Dodgson (204) 983-4606 representing Respondent HMQ Comments: Judicial Review scheduled to be heard next week in Winnipeg is adjourned sine die and the matter of this teleconference are deemed condential by the all parties involved. Minutes of Hearing entered in Vol. 860 page(s) 438 - 440 Abstract of Hearing placed on le Acknowledgment of Service received from all parties (by fax) with respect to the Direction of the Court (Harrington, J.) rendered on April 16, 2012. placed on le on 16-APR-2012 Oral directions received from the Court: The Honourable Mr. Justice Harrington dated 16-APR-2012 directing that "A case management conference is hereby scheduled

2012-04-17

Ottawa

2012-04-16

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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), for duration not exceeding one (1) hour, to be conducted in the English language. The parties shall remain in their respective ofces". placed on le on 16-APR-2012 Conrmed in writing to the party(ies) Letter from Respondent dated 16-APR-2012 Letter providing the availability of all counsel with respect to a Case Management Winnipeg Conference via teleconference to take place on 17-APR-2012. Forwarded to presiding Judge, Harrington, J. received on 16-APR-2012 Letter from Respondent dated 16-APR-2012 requesting an adjournmrnt of the hearing Winnipeg scheduled for April 23, 2012. Scanned & forwarded to the Presiding Judge, CMJ & Trialja received on 16-APR-2012 Afdavit of service of Jeffrey Dodgson sworn on 05-APR-2012 on behalf of Winnipeg Respondent conrming service of Doc. 111 & ID:189 upon Applicant by process server on 05-APR-2012 led on 05-APR-2012 Book of Authorities consisting of 1 volume(s) on behalf of Respondent received Winnipeg on 05-APR-2012 Sent directly to Presiding Judge Respondent's Record Number of copies Winnipeg received/prepared: 3 on behalf of Respondent led on 05-APR-2012 Afdavit of service of Gary P. Stelter sworn on 23-DEC-2011 on behalf of the Applicants, Peguis First Nation et al. Winnipeg conrming service of Doc. 99 (ID:172) & ID:173 upon the Applicant, Sagkeeng First Nation by process server on 22-DEC-2011 led on 23-DEC-2011 Letter from Applicants,Peguis First Nation et Winnipeg al. dated 23-DEC-2011 asking the Court to accept for ling the Afdavit of service of

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110 2011-12-23

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ID:172 & ID:173 upon the Applicant, Sagkeeng First Nation. Send to Court with the said afdavit. received on 23-DEC-2011 Afdavit of service of MILTON B. BROWN sworn on 16-DEC-2011 on behalf of Applicant (Long Plain First Nation) Winnipeg conrming service of Doc. 106 upon Applicant (Sagkeeng First Nation) by personal service on 16-DEC-2011 led on 21-DEC-2011 Afdavit of service of SANDRA JOAN BODNAR sworn on 13-DEC-2011 on behalf of Applicant (Long Plain First Nation) Winnipeg conrming service of Doc. 106 upon Applicant (Swan Lake First Nation) by courier on 12-DEC-2011 with Exhibits "A" led on 21-DEC-2011 Afdavit of service of SANDRA JOAN BODNAR sworn on 09-DEC-2011 on behalf of Applicant (Long Plain First Nation) conrming service of Doc. 106 upon Winnipeg Applicants(Peguis F.N.; Roseau River F.N.; Sandy Bay F.N.), Respondent(DOJ) by facsimile (with consent of recipient) on 09-DEC-2011 with Exhibits A to C led on 21-DEC-2011 Memorandum of fact and law on behalf of Applicant (Long Plain First Nation) led on Winnipeg 21-DEC-2011 1 judges' copies stored in Ottawa Written directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 21-DEC-2011 directing that "The Memorandum of Fact and Law on behalf of Winnipeg the Applicant, Long Plain First Nation, along with proof of service, shall be accepted for ling." placed on le on 21-DEC-2011 Conrmed in writing to the party(ies) Memorandum to le from (Robert) Buye M'vondo dated 09-DEC-2011 This is to Winnipeg acknowledge that the Winnipeg local ofce is in receipt of the Memorandum of Fact and

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106 2011-12-21

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Law of the Applicant, Long Plain First Nation with Afdavit of service by fax to the Respondents and the Applicants, Peguis First Nation, Roseau River Anishinabe Fist Nation and Sandy Bay Ojibwe First Nation. The Documents were tendered for ling on Friday, December 9, 2011. The Registry noted that: 1. The said Memorandum of Fact & Law was 29 pages lenght and was served by fax without the consent of the recipients (Rule 143 (b)). 2. The Applicant, Sagkeeng First Nation and the Applicant, Swan Lake First Nation were not served with the said Memorandum of Fact & Law. Counsel advised on Rules 139 & 143. Awaiting Consent from Respongents & Applicants, Peguis First Nations at al. to be served by Fax and proof of service to the other Applicants. Documents to be sent to Court for Directions when completed. placed on le. 105 2011-12-08 Service copy of ID:173 with proof of service Winnipeg upon Applicant (Swan Lake FN) on 08-DEC-2011 led on 08-DEC-2011 Service copy of ID:173 with proof of service Winnipeg upon Applicant (Long Plain FN) on 07-DEC-2011 led on 08-DEC-2011 Service copy of ID:173 with proof of service Winnipeg upon Respondent on 07-DEC-2011 led on 08-DEC-2011 Service copy of Doc. No. 99 with proof of Winnipeg service upon Applicant (Swan Lake FN) on 08-DEC-2011 led on 08-DEC-2011 Service copy of Doc. No. 99 with proof of Winnipeg service upon Applicant (Long Plain FN) on 07-DEC-2011 led on 08-DEC-2011 Service copy of Doc. No. 99 with proof of Winnipeg service upon Respondent on 07-DEC-2011 led on 08-DEC-2011 Book of Authorities consisting of 3 Winnipeg volume(s) on behalf of Applicants (Peguis FN, Roseau River Anishinabe FN, Sandy

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101 2011-12-08

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Bay Ojibway FN) received on 08-DEC-2011 Applicant's Record (8 vols) Number of copies received/prepared: 3 on behalf of Winnipeg Applicants (Peguis FN, Roseau River Anishinabe FN, Sandy Bay Ojibway FN) led on 08-DEC-2011 Ottawa Acknowledgment of Receipt received from all parties with respect to Order (time and place)(Doc. No. 98). placed on le on 07-DEC-2011 Order (time and place) dated 06-DEC-2011 rendered by Acting Chief Justice S Nol and signed by Judicial Administrator xing Judicial Review (s.18) to be heard at Special Sitting in Winnipeg on 23-APR-2012 to begin at 09:30 duration: 2d language: E Filed on 07-DEC-2011 cc's sent to parties entered in J. & O. Book, volume 1142 page(s) 463 464 Transmittal letters placed on le

99

2011-12-08

2011-12-07

98

2011-12-07

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2011-12-06

Letter from Applicant (Swan Lake First Nation) dated 06-DEC-2011 "This is to advise the Court that Swan Lake First Winnipeg Nation, represented by D'Arcy & Deacon LLP, does not require a copy of the applicant's record..." received on 06-DEC-2011 Memorandum to le from (Robert) Buye M'vondo dated 01-DEC-2011 Counsel for the Applicant, Swan Lake First Nation Winnipeg contacted by phone regarding his letter dated December 1st, 2011 (ID:167) and advised on Rules 165 & 166. placed on le. Letter from Mr. R. Ivan Holloway (D'Arcy & Deacon LLP), counsel Applicant, Swan Lake F.N dated 01-DEC-2011 "This is to advise Winnipeg that Swan Lake First Nation, ... is not actively participating in this matter and,... need not to be included when arranging hearing dates..." received on 01-DEC-2011 Letter from Respondent dated 16-NOV-2011 Winnipeg Inquiring as to whether a date for the hearing has been set down. Forwarded to Judicial

2011-12-01

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Administrator with CMJ in cc. received on 17-NOV-2011 2011-11-04 Letter sent by Registry on 04-NOV-2011 to all parties advising them that this matter was Winnipeg referred to the Judicial Administrator to x a hearing. Copy placed on le. Letter from Uzma A. Saeed, Counsel for the Applicant's Swan Lake First Nation dated 02-NOV-2011 advising the Court that they Winnipeg are awaiting instructions from their client to le the Notice of Discontinuance. Scanned & sent to the CMJ. received on 02-NOV-2011 Letter from Respondent, HMTQ dated 02-NOV-2011 inquiring about scheduling Winnipeg dates for the rehearing of this matter. Scanned & sent to the CMJ. received on 02-NOV-2011 Service copy of Afdavit of Chief Irvin McIvor (for Peguis, Roseau River, and Winnipeg Sandy Bay First Nations) with proof of service upon Respondents on 27-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Chief Irvin McIvor (for Peguis, Roseau River, and Sandy Bay First Nations) with proof of Winnipeg service upon Applicant (Long Plain First Nation) on 28-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Chief Irvin McIvor (for Peguis, Roseau River, and Sandy Bay First Nations) with proof of Winnipeg service upon Applicant (Swan Lake First Nation) on 27-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Evelyn Patrick (for Peguis, Roseau River, and Sandy Bay Winnipeg First Nations) with proof of service upon Respondents on 27-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Evelyn Patrick Winnipeg (for Peguis, Roseau River, and Sandy Bay

2011-11-02

2011-11-02

97

2011-11-01

96

2011-11-01

95

2011-11-01

94

2011-11-01

93

2011-11-01

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First Nations) with proof of service upon Applicant (Long Plain First Nation) on 28-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Evelyn Patrick (for Peguis, Roseau River, and Sandy Bay Winnipeg First Nations) with proof of service upon Applicant (Swan Lake First Nation) on 27-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Chief Glenn Hudson (for Peguis, Roseau River, and Winnipeg Sandy Bay First Nations) with proof of service upon Respondents on 27-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Chief Glenn Hudson (for Peguis, Roseau River and Sandy Winnipeg Bay First Nations) with proof of service upon Applicant (Long Plain First Nation) on 28-OCT-2011 led on 01-NOV-2011 Service copy of Afdavit of Chief Glenn Hudson (for Peguis, Roseau River, and Sandy Bay First Nations) with proof of Winnipeg service upon Applicant (Swan Lake First Nation) on 27-OCT-2011 led on 01-NOV-2011 Order dated 31-OCT-2011 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Respondent dated 28-OCT-2011 Result: " This Court Orders that: 1. The Applicants shall serve and le the Applicants' Records Winnipeg by December 9, 2011. 2. The Respondents' Record shall be served and led no later than 14 days before the hearing of the application Filed on 31-OCT-2011 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1139 page(s) 312 - 313 Interlocutory Decision Ottawa Communication to the Court from the Registry dated 31-OCT-2011 re: to x hearing date

92

2011-11-01

91

2011-11-01

90

2011-11-01

89

2011-11-01

88

2011-10-31

2011-10-31

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2011-10-28

Letter from Respondent (HMTQ et al) dated 28-OCT-2011 "...I am writing to request that the Court arrange to have this matter scheduled for a 2 day hearing during the available dates noted above... , ...should the Winnipeg Court determine that a further teleconference is necessary to address these issues, I can advise that I am generally available the week of October 31st to November 4th..." Attached electronically. Forwarded to CMJ. received on 28-OCT-2011 Winnipeg 17-OCT-2011 BEFORE Roger Lafrenire, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter adjourned sine die held by way of Conference Call in chambers Duration per day: 17-OCT-2011 from 11:00 to 11:25 Courtroom : Judge's Chambers (701) Vancouver Court Registrar: Robert Mvondo Total Duration: 25min Appearances: Uzma Said (D'Arcy & Deacon LLP) (204) 942-2271 / Fax: (204) 943-4242 representing Applicant, Swan Lake First Nation Jeffrey F. Harris (Myers Weinberg LLP) (204) 956-1504 / Fax: (204) 956-0625 representing Applicant, Long Plain First Nation Kathryn Winnipeg F. Hordienko (Myers Weinberg LLP) (204) 956-1504 / Fax: (204) 956-0625 representing Applicant, Long Plain First Nation Jeffrey R. W. Rath (Rath & Company) (403) 931-4047 / Fax: (403) 931-4048 representing Applicants, Peguis, Roseau River & Sandy Bay First Nations Nathalie Whyte (Rath & Company) (403) 931-4047 / Fax: (403) 931-4048 representing Applicants, Peguis, Roseau River & Sandy Bay First Nations Jeff Dodgson (Justice Canada/Winnipeg) (204) 983-2391 / Fax: (204)_984-6488 representing Respondent Jeff Echoes (Justice Canada/Winnipeg) (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Comments: Counsel to agree on a schedule for further steps. Mr. Jeff Dodgson, counsel

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for the Respondents to submit the schedule by October 28, 2011. Minutes of Hearing entered in Vol. 851 page(s) 74 - 76 Abstract of Hearing placed on le 2011-10-17 Letter sent by Registry on 17-OCT-2011 to all parties advising them on Dial-in numbers Winnipeg & Participants code for the CMC on October 17, 2011 Copy placed on le. Solicitor's certicate of service on behalf of Gareth Williams conrming service of Doc. Winnipeg 86 upon all parties by facsimile & Registered Mail on 29-SEP-2011 led on 07-OCT-2011 Notice of Partial Discontinuance on behalf Winnipeg of the Applicant, Brokenhead First Nation led on 07-OCT-2011 Written directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 07-OCT-2011 directing that "The Notice of Partial Discontinuance on behalf of the Winnipeg Applicant, Brokenhead First Nation, shall be accepted for ling." placed on le on 07-OCT-2011 Conrmed in writing to the party(ies) Memorandum to le from (Robert) M'vondo dated 07-OCT-2011 This is to acknowledge that the Winnipeg local ofce is in receipt of the Applicant Brokenhead First Nation's Notice of Partial Discontinuance tendered for ling in Edmonton on September 23, Winnipeg 2011 with an uncomplete solicitor's certicate of service. The complete solicitor's certicate of service was faxed to the Winnipeg local ofce on October 6, 2011. Documents sent to the CMJ for Directions. placed on le. Covering letter from Applicant, Long Plain Winnipeg First Nation dated 05-OCT-2011 concerning Doc. No. 84 placed on le on 06-OCT-2011 Afdavit of service of Sandra Joan Bodnar sworn on 05-OCT-2011 on behalf of Winnipeg Applicant Long Plain First Nation conrming service of Doc. 82 upon Her

87

2011-10-07

86

2011-10-07

85

2011-10-07

2011-10-07

2011-10-06

84

2011-10-06

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Majesty the Queen by telecopier on 05-OCT-2011 with Exhibits "A" led on 06-OCT-2011 Afdavit of service of Sandra Joan Bodnar sworn on 28-SEP-2011 on behalf of Applicant Long Plain First Nation Winnipeg conrming service of Doc. 82 upon All parties except HMTQ by telecopier on 28-SEP-2011 with Exhibits "A, B, C, D" led on 29-SEP-2011 Notice of appointment of solicitor on behalf Winnipeg of Applicant Long Plain First Nation led on 29-SEP-2011 Order dated 13-SEP-2011 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 58 Result: granted in part "This Court Orders that: 1. Subject to further directions or order of this Court, the Applicants are granted leave to serve and le additional evidence, limited to the period prior to the date of the decision being impugned in the Notice of Application. 2. The Applicants shall provide the Winnipeg Respondents with their draft afdavit evidence by October 11, 2011. 2. A case management conference shall be held by teleconference with counsel for the parties on October 17, 2011 at 11:00 a.m. (Central). 4. The hearing of the application, presently scheduled to commence on October 5 5, 2011 is adjourned to a date to be xed by the Court." Filed on 13-SEP-2011 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1134 page(s) 253 - 257 Interlocutory Decision Copy of a Letter from Applicants other than Swan Lake First Nation dated 01-SEP-2011 Winnipeg conrming that the Supplemental Materials led are on behalf of all Applicants, and as such service is not required. received on

83

2011-09-29

82

2011-09-29

81

2011-09-13

2011-09-09

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09-SEP-2011 Afdavit of Rarihokwats sworn on 01-SEP-2011 on behalf of Applicants, Swan Winnipeg Lake First Nation in support of Motion Doc. No. 58 with Exhibits "A" & "B" led on 09-SEP-2011 Afdavit of Brenda Brown sworn on 02-SEP-2011 on behalf of the Applicant, Winnipeg Swan Lake First Nation in support of Motion Doc. No. 58 with Exhibits "A", "B" & "C" led on 09-SEP-2011 Order dated 09-SEP-2011 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion in Winnipeg writing Doc. No. 69 Result: granted Filed on 09-SEP-2011 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1134 page(s) 94 - 95 Interlocutory Decision Oral directions received from the presiding judge dated 09-SEP-2011 directing that " A case management conference shall be held by teleconference with counsel for the Winnipeg parties on Monday, October 17, 2011 at 11:00 a.m. (Central)." received at hearing on 09-SEP-2011 Conrmed in writing to the party(ies) Winnipeg 09-SEP-2011 BEFORE Roger Lafrenire, Esq., Prothonotary Language: E Before the Court: Continuation of the Motion Doc. No. 69 on behalf of Booth Dennehy LLP and Rath & Company Result of Hearing: Matter granted Before the Court: Motion Doc. No. 58 on behalf of Applicant Winnipeg Result of Hearing: Matter partially granted held in Court Senior Usher: Jack Falk Duration per day: 09-SEP-2011 from 13:10 to 16:50 Courtroom : Courtroom No. 1 Winnipeg Court Registrar: Robert Mvondo Total Duration: 3h40 Appearances: Kris M. Saxberg (D'Arcy & Deacon LLP) (204)

80

2011-09-09

79

2011-09-09

78

2011-09-09

2011-09-09

2011-09-09

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942-2271 / Fax: (204) 943-4242 representing Applicant Swan Lake R. Ivan Holloway (D'Arcy & Deacon LLP) (204) 942-2271 / Fax: (204) 943-4242 representing Applicant, Swan Lake First Nation J.R. Norman Boudreau (Booth Dennehy LLP) (204) 957-1717 / Fax: (204) 949-9232 representing Applicants, Peguis First Nation, Roseau River Anishinabe First Nation & Sandy Bay Ojibway First Nation Jeffrey R. W. Rath (Rath & Company) (403) 931-4047 / Fax: (403) 931-4048 representing Applicants, Peguis First Nation, Roseau River Anishinabe First Nation & Sandy Bay Ojibway First Nation Jeffrey Dodgson (Justice Canada - Winnipeg) (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Jeffrey Echols (Justice Canada Winnipeg) (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Draft Decision to be submitted by all Counsel Comments: 1.Leave to le additional evidence granted but supplemental evidence shall be limited to the date of the decision, November 23, 2007. 2. Counsel to assess what evidence meet the criteria. 3. Applicants to provide Respondents with proposed afdavits within 30 days of this hearing (October 11, 2011). 4. Next CMC to take place on October 17, 2011 at 11:00 a.m. Central by way of teleconference. 5. An Order adjourning the hearing date for the Application will be issued. Minutes of Hearing entered in Vol. 849 page(s) 26 - 31 Abstract of Hearing placed on le Afdavit of service of Jeffrey Dodgson sworn on 06-SEP-2011 on behalf of Winnipeg Respondent conrming service of Doc. 76 upon all parties by e-mail on 06-SEP-2011 with Exhibits "A" led on 06-SEP-2011 Motion Record in response to Motion Doc. No. 69 containing the following original Winnipeg document(s): 75 Number of copies received:

77

2011-09-06

76

2011-09-06

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3 on behalf of Respondent led on 06-SEP-2011 75 2011-09-06 Written Representations contained within a Motion Record on behalf of Respondent Winnipeg concerning Motion in writing Doc. No. 69 led on 06-SEP-2011 Calgary Solicitor's certicate of service on behalf of Gareth Williams conrming service of doc 67 upon all parties by telecopier on 06-SEP-2011 led on 06-SEP-2011 Notice of change of solicitor on behalf of Applicant led on 06-SEP-2011

68

2011-09-06

67

2011-09-06

Calgary

2011-09-02

Letter from Applicant dated 02-SEP-2011 "...Please nd enclosed...for the purposes of the Motion on September 9, 2011 at 1:00 p.m.: 1. Afdavit of Rarihokwats, afrmed September 1, 2011 with service Admitted by the Department of Justice September 2, Winnipeg 2011; 2. Afdavit of Brenda Brown, afrmed September 2, 2011, with Service Admitted by the Department of Justice September 2, 2011; 3. Consents, acknowledgments of service of Applicants other than Swan Lkae First Nation..." received on 02-SEP-2011 Afdavit of service of John Armstrong sworn on 31-AUG-2011 on behalf of Applicants Brokenhead First Nation et al. Winnipeg except Swan Lake Nation conrming service of Doc. 72 upon the Long Plain First Nation by process server on 30-AUG-2011 led on 01-SEP-2011 Afdavit of service of John Armstrong sworn on 31-AUG-2011 on behalf of Applicants, Brokenhead First Nation et al. Winnipeg except Swan Lake First Nation conrming service of Doc. 72 upon the Sagkeeng First Nation by process server on 29-AUG-2011 led on 01-SEP-2011 Motion Record containing the following Winnipeg original document(s): 69 70 71 Number of copies received: 3 on behalf of Applicants

74

2011-09-01

73

2011-09-01

72

2011-09-01

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Brokenhead First Nation et al., except Swan Lake First Nation led on 01-SEP-2011 with proof of service on the Applicant, Swan Lake First Nation and the Respondents on 01-SEP-2011 Written Representations contained within a Motion Record on behalf of Applicants Winnipeg Brokenhead First Nation et al. except Swan Lake First Nation concerning Motion in writing Doc. No. 69 led on 01-SEP-2011 Afdavit of Amanda Miller sworn on 11-AUG-2011 contained within a Motion Record on behalf of Applicants Brokenhead Winnipeg First Nations et al. except Swan Lake First Nation in support of Motion Doc. No. 69 with Exhibits "A" & "B" led on 01-SEP-2011 Notice of Motion contained within a Motion Record on behalf of the Applicants, Brokenhead First Nation et al., except Swan Lake First Nat. in writing to be dealt with in Winnipeg the Winnipeg local ofce for an Order removing counsel from the Record for the Applicants Sagkeeng First Nation and Long Plain First Nation led on 01-SEP-2011 Order dated 26-AUG-2011 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: This Court Orders that: " The motion on behalf of the Applicants dated August 12, 2011 for an order adjourning the hearing date of the application and for leave to le additional Winnipeg evidence shall be heard at a special sitting at the Federal Court, 363 Broadway, Winnipeg, Manitoba on September 9, 2011 at 1:00 p.m. 2. The request by the Applicants,.... for leave to le a memorandum of fact and law exceeding 30 pages in length shall be made by motion returnable at the special sitting on September 9, 2011. 3. The deadline for service and ling of the parties' revised

71

2011-09-01

70

2011-09-01

69

2011-09-01

66

2011-08-26

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memoranda of fact and law is extended pending disposition of the Applicants' motion." Filed on 26-AUG-2011 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1133 page(s) 69 - 70 Interlocutory Decision Afdavit of service of Jeff Dodgson sworn on 19-AUG-2011 on behalf of Respondent Winnipeg conrming service of Doc. 64 upon Applicant by process server on 19-AUG-2011 led on 24-AUG-2011 Motion Record in response to Motion Doc. No. 58 containing the following original Winnipeg document(s): 63 Number of copies received: 3 on behalf of Respondent led on 24-AUG-2011 Written Representations contained within a Motion Record on behalf of Respondent Winnipeg concerning Motion Doc. No. 58 led on 24-AUG-2011 Afdavit of service of Krista McPherson sworn on 12-AUG-2011 on behalf of Applicant conrming service of Doc. 61 Winnipeg upon Respondent by personal service on 12-AUG-2011 with Exhibits "A" led on 24-AUG-2011 Motion Record containing the following original document(s): 58 59 60 Number of Winnipeg copies received: 3 on behalf of Applicant led on 24-AUG-2011 Written Representations contained within a Motion Record on behalf of Applicant Winnipeg concerning Motion Doc. No. 58 led on 24-AUG-2011 Afdavit of Chief Francine Meeches sworn on 10-AUG-2011 contained within a Motion Winnipeg Record on behalf of Applicant in support of Motion Doc. No. 58 with Exhibits "A" to "G" led on 24-AUG-2011

65

2011-08-24

64

2011-08-24

63

2011-08-24

62

2011-08-24

61

2011-08-24

60

2011-08-24

59

2011-08-24

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58

2011-08-24

Notice of Motion contained within a Motion Record on behalf of Applicant returnable at Special Sitting in Winnipeg on 09-SEP-2011 to begin at 01:00 for 1. An order allowing for the hearing currently scheduled on Winnipeg October 5th and 6th, 2011 to be rescheduled; 2. An order allowing the Applicants to le additional evidence to supplement the eexisting evidentiary record; 3. The costs of this motion; and, 4. Such further and other order as may be just. led on 24-AUG-2011 Oral directions received from the presiding judge dated 24-AUG-2011 directing that "The Applicants' motion record and the Winnipeg Respondents' rsponding motion record shall be accepted for ling received at hearing on 24-AUG-2011 Winnipeg 24-AUG-2011 BEFORE Roger Lafrenire, Esq., Prothonotary Language: E Before the Court: Case Management Conference to canvass dates of availability of counsel, the venue, and the estimated duration for the hearing of the Applicants' motion." Result of Hearing: Matter adjourned to Special Sitting in Winnipeg on 09-SEP-2011 to begin at 01:00 held in chambers by way of Conference Call Duration per day: 24-AUG-2011 from 09:30 to 10:00 Courtroom : Judge's Chambers Toronto Court Registrar: Robert Mvondo Winnipeg Total Duration: 30min Appearances: Kris M. Saxberg (D'Arcy & Deacon LLP) (204) 942-2271 / Fax: (204) 943-4242 representing Applicant Swan Lake First Nation J. R. Norman Boudreau (Booth Dennehy LLP)) 9204) 975-1717 / Fax: (204) 949-9232 representing All the remaining Applicants Jeffrey R. W. Rath (Rath & Company) (403) 660-0769 / Fax: (403) 931-4048 representing All the remainings Applicants Nathalie Whyte (Rath & Company) (403) 660-0769 / Fax: (403) 931-4048 representing All the remaining Applicants Jeff Dodgson (Dept. of

2011-08-24

2011-08-24

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Justice Canada - Winnipeg) (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Jeff Echols (Dept. of Justice Canada - Winnipeg) (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Comments: 1. The Applicants' motion dated August 12, 2011 to adjourn the hearing date of the application and for leave to le additional evidence shall be heard at a special sitting at the Federal Court in Winnipeg on Friday, September 9 , 2011 at 1:00 p.m. The estimate duration is 3 hours. 2. The Applicants' motion record and the Respondents' rsponding motion record shall be accepted for ling. 3. The request by Mr. Rath for leave to le a memorandum of fact and law exceeding 30 pages in lenght shall be made by motion made returnable at the special sitting on September 9, 2011. 4. The deadline for service and ling of the parties' revised memoranda of fact and law is extended pending the hearing of the Applicants' motion. Minutes of Hearing entered in Vol. 848 page(s) 154 - 156 Abstract of Hearing placed on le 2011-08-23 Letter sent by Registry on 23-AUG-2011 to Winnipeg all parties advising counsel of the dial-in numbers and pass code. Copy placed on le. Written directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 22-AUG-2011 directing that "A case management conference shall be held by teleconference with counsel for the parties Winnipeg on Wednesday, August 24, 2011 at 9:30 a.m. (Central) to canvass dates of availability of counsel, the venue, and the estimated duration for the hearing of the Applicants' motion." placed on le on 22-AUG-2011 Conrmed in writing to the party(ies) Letter from Applicant dated 18-AUG-2011 requesting for increasing the lenght of the Winnipeg Applicants (excluding Swan River First Nation) memorandum from 30 pages to 70

2011-08-22

2011-08-18

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pages. To be placed before the CMJ on 22-AUG-2011. received on 18-AUG-2011 Letter from Applicant dated 16-AUG-2011 requesting a case management conference to speak to the Motion Record regarding Winnipeg evidence. Proposed dates: August 24, 2011 (all day) and August 25, 2011 in the morning. received on 17-AUG-2011 Memorandum to le from (Robert) Buye M'vondo dated 15-AUG-2011 This is to acknowledge that the Winnipeg local ofce is in receipt of the Applicants' Motion record + afdavit of service and letter dated August 12, 2011 requesting a CMC on one of the Winnipeg following dates: August 16, 17, 18 & 19, 2011. Parties advised by phone that the CMJ is away on vacation returning on August 22, 2011. Parties advised to submit another letter with dates & time of availability for the requested CMC. placed on le. Letter from Applicant dated 12-AUG-2011 requesting a case management conference. Winnipeg Proposed date: August 16, 17, 18 and 19. received on 12-AUG-2011 Covering letter from Applicant dated Winnipeg 03-JUN-2011 concerning ID:103 placed on le on 03-JUN-2011 Minutes of Case management Conference Winnipeg held on Tuesday May 31, 2011 received on 03-JUN-2011 Winnipeg 31-MAY-2011 BEFORE Roger Lafrenire, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter adjourned sine die held in chambers by way of Conference Call Duration per day: Winnipeg 31-MAY-2011 from 13:30 to 14:00 Courtroom : Judge's Chambers (701) Vancouver Court Registrar: Robert Mvondo Total Duration: 30min Appearances: Jeffrey R. W. Wash (403) / Fax: (403) 931-4048 representing All Applicants except Swan

2011-08-17

2011-08-15

2011-08-12

2011-06-03

2011-06-03

2011-05-31

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Lake First Nation J.R. Norman Boudreau (204) 957-1717 / Fax: (204) 949-9232 representing All Applicants except Swan Lake First Nation Bradley D. Regehr (204) 942-2271 / Fax: (204) 943-4242 representing Applicant, Swan Lake First Nation Kris Saxberg (204) 942-2271 / Fax: (204) 943-4242 representing Applicant, Swan Lake First Nation Jeff Dodgson (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Comments: 1. Counsel to share any proposed afdavits by Tuesday, June 21, 2011 and advise whether there is a consent or not by June 28, 2011. 2. Applicants to submit their revised/supplemental Memorandum of Fact and Law by September 2, 2011. 3. Respondents to submit their revised/supplemental Memorandum of Fact and Law by September 16, 2011. 4. Applicants to draft and submit the minutes of the hearing. Minutes of Hearing entered in Vol. 844 page(s) 446 - 448 Abstract of Hearing placed on le 2011-05-26 Ottawa Letter from James D. Jodouin dated 26-MAY-2011 advising that they are no longer retained on this matter; received on 26-MAY-2011

2011-05-26

Letter sent by Registry on 26-MAY-2011 to all parties remindind them of the CMC and Winnipeg providing them with Dial-in numbers and pass code. Copy placed on le. Written directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 25-MAY-2011 directing that "A case management conference shall be held by Winnipeg teleconference with counsel for the parties on Tuesday, may 31, 2011, at 1:30 pm (Central)." placed on le on 25-MAY-2011 Conrmed in writing to the party(ies) Communication to the Court from the Winnipeg Registry dated 25-MAY-2011 re: letter ID:97 scanned & sent to the CMJ on May 25, 2011

2011-05-25

2011-05-25

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2011-05-24

Ottawa

Letter from Applicants dated 24-MAY-2011 in response to the Order of the ACJ rendered 20-MAY-2011 providing joint availabilities for a case management conference; received on 24-MAY-2011 Order (time and place) dated 20-MAY-2011 rendered by The Honourable Mr. Justice S. Nol and signed by Judicial Administrator xing Judicial Review (s.18) to be heard at Special Sitting in Winnipeg on 05-OCT-2011 to begin at 09:30 duration: 2d language: E Filed on 20-MAY-2011 cc's sent to parties entered in J. & O. Book, volume 1124 page(s) 230 - 231 Transmittal letters placed on le Communication to the Court from the Registry dated 12-MAY-2011 re: Reasons for Judgment and Judgment of the Federal Court of Appeal rendered 03-MAY-2011; Copy of Reasons for Judgment and Judgment dated 03-MAY-2011 rendered by The Honourable Mr. Justice Ltourneau The Honourable Mr. Justice Nadon The Honourable Mr. Justice Sexton placed on le. Original led on Court File No. A-446-09 Certied French language Translation of Reasons for Order and Order rendered on 30-SEP-2009 by The Honourable Mr. Justice Campbell led on 04-FEB-2010 pursuant to s. 20 of the Ofcial Languages Act. Certicate of Translation of Order entered in J. & O. Book, volume 1079 page(s) 19 - 20 and copy placed on le.

57

2011-05-20

Ottawa

2011-05-12

Ottawa

2011-05-03

Ottawa

56

2010-02-04

Ottawa

2009-11-12

Memorandum to le from Robert M'vondo dated 12-NOV-2009 Copy of D'Arcy & Winnipeg Deacon's letter dated 4-NOV-2009 forwarded to Mr. Justice Campbell. placed on le. Ottawa Copy of a Letter from D'Arcy & Deacon LLP dated 04-NOV-2009 informing the Court it no longer requires its direction as set

2009-11-04

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out in its letter dated October 27/09, is withdrawing the letter and request it be removed from both T-139-08 & A-446-09 received on 04-NOV-2009 Copy of Notice of Appeal (Appeal Court File No. A-446-09 ) appealing the Order of the Honourable Mr. Justice Campbell dated Winnipeg September 30, 2009 led in the Court of Appeal on 30-OCT-2009 on behalf of Respondent placed on le on 30-OCT-2009 Afdavit of service of Travis Webber sworn on 29-OCT-2009 on behalf of the Applicant, Swan Lake First Nation conrming service Winnipeg of the Notice of Change of Solicitor - Doc. 53 upon Respondent by personal service on 28-OCT-2009 with Exhibits "A" led on 29-OCT-2009 Afdavit of service of Travis Webber sworn on 29-OCT-2009 on behalf of the Applicant, Swan Lake First Nation conrming service of the Notice of Change of Solicitor - Doc. Winnipeg 53 upon the Applicant, Brokenhead First Nation et al. by personal service on 28-OCT-2009 with Exhibits "A" led on 29-OCT-2009 Notice of change of solicitor on behalf of the Winnipeg Applicant, Swan Lake First Nation led on 29-OCT-2009 Letter from Travis Webber, D'Arcy & Deacon LLP dated 28-OCT-2009 requesting copy of the Notice of Application and Winnipeg information reagrding the transcript of the September 10, 2009 hearing in Winnipeg. received on 28-OCT-2009 Letter from Bradley D. Regher, D'Arcy & Deacon LLP dated 27-OCT-2009 Requesting Direction s from the Court on how to appeal the decision rendered on September 30, 2009 Winnipeg on the grounds that counsel for the Applicants negatively affected some of the clients rights, specically in light of Rule 340. Scanned & forwarded to SRO/Appeal

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2009-10-29

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received on 27-OCT-2009 Letter from J.R. NORMAND BOUDREAU dated 09-OCT-2009 "...this is to conrm our request to amend the decision rendered by Mr. Justice Campbell on September 30, Winnipeg 2009, to reect the correct names of the solicitors for the Applicant. The names for the solicitors for the Applicant are as follows..." Forwarded to Campbell, J. received on 09-OCT-2009 Reasons for Order and Order dated 30-SEP-2009 rendered by The Honourable Mr. Justice Campbell Matter considered with personal appearance The Court's decision is with regard to Judicial Review (s.18) Result: granted "THIS COURT ORDERS that: For the reasons provided in conclusion of the present Application, pursuant to s. 18.1(3) of the Federal Courts Act, I declare that: Canada had a legal duty to consult on its decision to dispose of surplus federal lands at Kapyong Barracks and Canada did not meet that duty; and, in particular, Canada acted contrary tom law by failing to meet the mandatory legal requirement of consultation with the Brokenhead and Peguis First Nations before the making of the November 2007 decision to transfer the surplus lands at Kapyong Barracks to the Canada LAnds Company pursuant to the Treasury Board Directive on the Sale or Transfer of Surplus Real Property; and, as a result, The November 2007 decision is invalid. I award cost of the present Application to the Applicant First Nations." Filed on 30-SEP-2009 certied copies sent to parties Transmittal Letters placed on le. Final Decision Certicate of Order entered in J. & O. Book, volume 1066 page(s) 408 - 409

2009-10-09

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2009-09-30

Ottawa

2009-09-14

Transcript of hearing held at Winnipeg on 10-SEP-2009 received on 14-SEP-2009 Sent Winnipeg directly to presiding Judge 264 pages (including covering pages).

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2009-09-10

Winnipeg 10-SEP-2009 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Judicial Review Result of Hearing: Matter reserved held in Court Senior Usher: J. FREDETTE Duration per day: 10-SEP-2009 from 09:33 to 17:20 Courtroom : Courtroom No. 1 - Winnipeg Court Registrar: Renee Taillefer Total Duration: 1d Appearances: J.R. Norman Boudreau Ph: 204.957.1717 Fx: 204.949.9232 representing Applicant James Winnipeg Jodouin Ph: 306.664.2468 Fx: 306.664.2469 representing Applicant Jeff Dodgson Ph: 204.983.2391 Fx: 204.984.6488 representing Respondent Harry Glinter Ph: 204.983.2391 Fx: 204.984.6488 representing Respondent Court Reporter: Cheryl Lavigne (Four Seasons Reporting Services) Ph: 204.256.2343 Fx: 204.254.3577 10-SEP-2009 Transcript requested (on an expedited basis) Minutes of Hearing entered in Vol. 808 page(s) 225 - 231 Abstract of Hearing placed on le Solicitor's certicate of service on behalf of J. R. NORMAN BOUDREAU conrming Winnipeg service of DOC. 50 upon Respondent by personal service on 04-SEP-2009 led on 04-SEP-2009 Reply of the Applicant First Nations to the Written Submissions of the Respondents in Respect of Questions Posed by Justice Winnipeg Campbell (Electronic copy forwarded to presiding Judge, Justice Campbell.) led on 04-SEP-2009 Memorandum to le from Robert M'vondo dated 24-AUG-2009 E-version of the Respondents'Argument (Word)re: Answers Winnipeg to Mr. Justice Campbell's Questions of 20-MAY-2009 received & forwarded to Mr. Justice Campbell. placed on le. Written Submissions on behalf of Winnipeg Respondent concerning Answers to Questions of Mr. Justice Campbell of May

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20, 2009 with proof of service upon Applicant on 24-AUG-2009 led on 24-AUG-2009 Memorandum to le from Robert M'vondo dated 20-JUL-2009 Word version of Winnipeg Applicant's submissions - Doc. 47 received and forwarded to the Presiding Judge (Campbell, J.) placed on le. Afdavit of service of Diane Barrington sworn on 17-AUG-2009 on behalf of Applicant conrming service of the Answers Saskatoon to the Applicants to the Questions of Justice Campbell of May 20, 2009 - Doc. 47 upon Respondent by courier on 17-JUL-2009 led on 17-JUL-2009 Written Submissions on behalf of Applicant concerning Answers to the Questions of Saskatoon Justice Campbell of May 20, 2009. led on 17-JUL-2009 Letter from Respondent dated 12-JUN-2009 "Further to the June 2, 2009 Direction of Justice Campbell, the parties propose the following schedule in respect of the ling of supplemental written arguments: Applicant's Winnipeg submissions: July 17, 2009; Respondents' submissions: August 25, 2009; Reply: September 7, 2009..." Scanned & e-mailed to the Presiding Judge, Mr. Justice Campbell. received on 12-JUN-2009 Oral directions received from the presiding judge dated 02-JUN-2009 directing that 1. The date for continuation will be September 10 and 11, 2009 at Winnipeg starting at 9:30 a.m. on the 10th. 2. Counsel shall revise the schedule for supplemental arguments to be Winnipeg led on or before September 9, 2009 and send conrmation of the revised schedule to the Court. 3. Counsel shall send to the Registrar copy of all arguments in Word format as they are led. 4. Counsel shall contact the Winnipeg Registry to arrange a conference call if there are any issues to

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discuss." placed on le on 02-JUN-2009 Conrmed in writing to the party(ies) Memorandum to le from Robert M'vondo dated 02-JUN-2009 Parties advised by phone Winnipeg & fax on openings on September 8, 10 & 11, 2009 . Awaiting for their responses. placed on le. Letter from Applicant dated 27-MAY-2009 advising the Court that the Applicant will not be available from September 14 to October Winnipeg 2, 2009 and requesting conrmation of hearing dates. Scanned & e-mailed to the Presiding Judge, Mr. Justice Campbell. received on 27-MAY-2009 Oral directions received from the Court: The Honourable Mr. Justice Campbell dated 25-MAY-2009 directing that 1. the date for continuation will be September 17 and 18, 2009 in Winnipeg starting at 9:30 a.m. on the 17th. This is the only time available. 2. Counsel shall revise the schedule for Winnipeg supplemental arguments to be led on or before September 16, 2009 with a copy of all arguments to be sent to the Regsitrar in Word format as they are led. 3. Counsel shall contact the Winnipeg Registry to arrange a conference call if there are any issues to discuss. placed on le on 25-MAY-2009 Conrmed in writing to the party(ies) Oral directions received from the presiding judge dated 20-MAY-2009 directing that 1. The Applicants shall serve and le their written submissions by July 19, 2009. 2. The Respondents shall serve and le their written submissions by August 31, 2009. 3. The Applicants shall serve and le their reply by Winnipeg September 18, 2009. 4. Parties shall provide the Registrar with an electronic (Word) version of their current arguments and future submissions. 5. Counsel for the parties shall contact the Registry anytime to request a case maangement conference." received at hearing on 20-MAY-2009 Conrmed in

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writing to the party(ies) 2009-05-20 Draft Questions for Consideration by Winnipeg Counsel provided by the Presiding Judge received at hearing on 20-MAY-2009 Order dated 20-MAY-2009 rendered by The Honourable Mr. Justice Campbell Matter considered with personal appearance The Court's decision is with regard to Judicial Review (s.18) Result: adjourned sine die The Present Application is adjourned for Winnipeg continuation on a date to be set by agreement. Filed on 20-MAY-2009 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1054 page(s) 446 - 446 Interlocutory Decision Winnipeg 20-MAY-2009 BEFORE The Honourable Mr. Justice Campbell Language: E Before the Court: Judicial Review Result of Hearing: Matter adjourned sine die held in Court Senior Usher: Joe Fredette Duration per day: 20-MAY-2009 from 09:30 to 11:00 Courtroom : Courtroom No. 1 - Winnipeg Court Registrar: Robert Mvondo Total Duration: 2.30min Appearances: J.R. Norman Boudreau (204) 957-1717 / Fax: 9204) 943-6199 representing Applicant James D. Jodouin (306) 664-2467 / Fax: (306) 664-2469 representing Applicant Winnipeg Harry Glinter (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Jeff Dodgson (204) 983-4606 / Fax: (204) 984-6488 representing Respondent Comments: 1. Draft Questions for consideration by counsel provide to Parties by the Presideing Judge; 2. The Applicants shall serve and le their written submissions by July 19, 2009; 3. The Respondents shall serve & le their written submissions by August 31, 2009; 4. The Applicants shall serve and le their reply by September 18, 2009; 5. Parties shall provide the Registrar with an electronic (Word) version of their

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current arguments and future submissions; 6. Counsel for the Parties shall contact the Winnipeg Registry anytime to request a case management conference. Minutes of Hearing entered in Vol. 802 page(s) 117 - 120 Abstract of Hearing placed on le Order (time and place) dated 10-MAR-2009 rendered by Chief Justice Lutfy and signed by Judicial Administrator xing Judicial Review (s.18) to be heard at Special Sitting in Winnipeg on 20-MAY-2009 to begin at 09:30 duration: 2d language: E Filed on 10-MAR-2009 cc's sent to parties entered in J. & O. Book, volume 1048 page(s) 361 362 Transmittal letters placed on le

45

2009-03-10

Ottawa

2008-12-15

Covering letter from Respondent dated Winnipeg 11-DEC-2008 concerning Doc. No. 44 placed on le on 15-DEC-2008 Respondent's Record Number of copies received/prepared: 3 on behalf of Respondent (led pursuant to directions of Winnipeg the Court dated 13-DEC-2008) with proof of service upon Applicant on 11-DEC-2008 led on 15-DEC-2008 Written directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 13-DEC-2008 directing that "Upon reading correspondence from counsel for the Respondents dated December 11, 2008, and upon being satised that reproduction of the Winnipeg Respondents' afdavit evidence should be dispensed with in light of the volume of the material, the Respondents' Record shall be accepted for ling." placed on le on 15-DEC-2008 Conrmed in writing to the party(ies) Ottawa Communication to the Court from the Registry dated 18-NOV-2008 re: requesting that a date for the JR be set down, per Requisition for Hearing led 14-NOV-2008.

44

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2008-12-15

2008-11-18

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2008-11-14

Solicitor's certicate of service on behalf of Winnipeg J.R. NORMAN BOUDREAU conrming

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service of Requisition for Hearing - Doc. 42 upon Respondent by telecopier on 13-NOV-2008 led on 14-NOV-2008 42 2008-11-14 Requisition for hearing - Application from Winnipeg Applicant led on 14-NOV-2008 Tariff Application or appeal - $50.00 Solicitor's certicate of service on behalf of J.R.NORMAN BOUDREAU conrming Winnipeg service of Applicant's Record - Doc. 40 upon Respondent by courier on 12-NOV-2008 led on 12-NOV-2008 Applicant's Record Number of copies Winnipeg received/prepared: 3 on behalf of Applicant led on 12-NOV-2008 Order dated 05-SEP-2008 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: granted in part This Court Orders: 1- The parties shall complete cross-examinations on afdavits by October 11, 2008. 2- The Applicants shall serve and le the Applicants' Record by Winnipeg November 11, 2008. 3- The Respondents shall serve and le the Respondents' Record by December 11, 2008. 4- The Applicants shall serve and le a Requisition for Hearing no later than November 20, 2008. Filed on 05-SEP-2008 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1033 page(s) 112 113 Interlocutory Decision Winnipeg 05-SEP-2008 BEFORE Roger Lafrenire, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter partially granted held in chambers by way of Winnipeg Conference Call Duration per day: 05-SEP-2008 from 09:30 to 09:50 Courtroom : Winnipeg Registry Ofce Court Registrar: 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 Jeff Dodgson (204) 983-4606 / Fax: (204) 984-6488 representing Respondent Comments: Parties agree on a schedule . Order to be issued. Minutes of Hearing entered in Vol. 783 page(s) 274 - 275 Abstract of Hearing placed on le Letter from Applicant dated 04-SEP-2008 "In anticipation of the Case Management Conference to be held on September 5, 2008, with respect to the above noted matter, the Winnipeg Applicants would like to set out their position regarding the timeline for the completion of the cross-examination on Afdavits and the remaining steps in this proceeding.... received on 04-SEP-2008 Oral directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 29-AUG-2008 directing that "A case management conference will be held by Winnipeg teleconference with counsel for the parties on Friday, September 5, 2008 at 9:30 a.m." placed on le on 29-AUG-2008 Conrmed in writing to the party(ies) Letter from Respondent dated 29-AUG-2008 "Further to Norman Boudreau's letter of today's date, please be advised that I am not Winnipeg available September 9, 2008 to attend a teleconference case management." Forwarded to Mr. Prothontary Lafrenire. received on 29-AUG-2008 Letter from Applicant dated 29-AUG-2008 "Further to Prothonotary Lafrenire's Order of June 19, 2008, the Applicants were to submit a joint schedule for the completion of corss-examinations and the remaining steps Winnipeg in the proceeding within 10 days of service of the section 39 Certicate. The Applicants received the section 39 Certicate on August 21, 2008. The Order of Prothonotary Lafrenire indicated that in the event that the parties could not agree on a schedule, the

2008-09-04

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Applicants were to request a case management conference. This is to inform you that the parties are unable to arrive at a consent with respect to the scheduling of the remaining steps. Therefore, the parties are jointly requesting that a case management conference be convened. The parties are available at any time during the next two weeks to attend a tele-conference case management at 9:00 a.m. (CST) save and except Wednesday, September 3 and Wednesday, September 10, 2008. We look forward to hearing from the Court at your earliest convenience." Forwarded to Prothonotary Lafrenire. received on 29-AUG-2008 38 2008-08-21 Solicitor's certicate of service on behalf of Jeff Dodgson conrming service of Winnipeg Document No. 37 upon Applicant by courier on 21-AUG-2008 led on 21-AUG-2008 Afdavit of Kevin Chan sworn on 19-AUG-2008 on behalf of Respondent for Winnipeg use at trial with Exhibits "A": Section 39 Certicate, Canada Evidence Act led on 21-AUG-2008 Solicitor's certicate of service on behalf of Voula Karlaftis conrming service of doc. Winnipeg no. 35 upon Applicant by telecopier on 20-JUN-2008 led on 20-JUN-2008 Supplementary Afdavit of Edgar Rasmussen sworn on 20-JUN-2008 on Winnipeg behalf of Respondents in reply to afdavit Doc. No. 32 led on 20-JUN-2008 Order dated 19-JUN-2008 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Winnipeg Management Conference Result: " This Court Orders that: 1- The Applicants' request for referral of the proceeding to a dispute resolution conference is denied. 2- The parties are dispensed from the requirement to

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conduct cross-examination on afdavits pending production by the Privy Council Ofce of a section 39 certicate under the Canada Evidence Act. 3- The Applicants shall submit a joint schedule for completion of cross-examination and the remaining steps in the proceeding within 10 days of service of the section 39 certicate. In the event the parties cannot agree on a schedule, the Applicants shall forthwith requisition a case management conference. Filed on 19-JUN-2008 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1026 page(s) 216 217 Interlocutory Decision Winnipeg 19-JUN-2008 BEFORE Roger Lafrenire, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter adjourned sine die held by way of Conference Call Duration per day: 19-JUN-2008 from 10:30 to 10:45 Courtroom : Courtroom No. 2 - Winnipeg Court Registrar: Robert Mvondo Total Duration: 15min Appearances: J. R. Norman Boudreau (204) 957-1717 ext. 305 / Fax: Winnipeg (204) 949-9232 representing Applicant Voula Karlaftis (204) 983-4602 / Fax: (204) 984-6488 representing Respondent Harry Glinter (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Anderson-Lindsay (204) 983-2391 / (204) 984-6488 representing Respondent Kevin Staska (204) 983-2391 / Fax: (204) 984-6488 representing Respondent Comments: Order to follow Minutes of Hearing entered in Vol. 778 page(s) 282 284 Abstract of Hearing placed on le Oral directions received from the Court: Roger Lafrenire, Esq., Prothonotary dated 18-JUN-2008 directing that "A case Winnipeg management conference shall be held by teleconference with counsel for the parties

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on Thursday, June 19, 2008 at 10:30 a.m. (Central)." placed on le on 18-JUN-2008 Conrmed in writing to the party(ies) ****** CANCELLED ****** Oral directions of assessment ofcer received from Roger Lafrenire, Esq., Prothonotary dated 18-JUN-2008 directing that "A Case Winnipeg management conference shall be held by teleconference with counsel for the parties on Thursday, June 19, 2008 at 10:30 a.m. (Central)." placed on le on 18-JUN-2008 Letter from Applicant dated 18-JUN-2008 advising the court that that... the parties would like to set a case management Winnipeg conference before the Prothonotary on June 19, 2008, at 10:30 a.m., central standard time... Faxed to Mr. Prothonotary Lafrenire. received on 18-JUN-2008 Memorandum to le from Robert M'vondo dated 18-JUN-2008 The Registry has contacted Mr. Norman Boudreau, counsel for the Applicants by phone & fax and advised Winnipeg him to canvass dates of availability with opposing counsel. He was also advised on the availability of the Court with regard to the requested management conference. placed on le. Letter from Applicant dated 17-JUN-2008 requesting a telephone case-management conference be called at the early Winnipeg convenience of the Court, with consent from the the Respondents. Faxed to Mr. Prothonotary Lafrenire. received on 17-JUN-2008 Solicitor's certicate of service on behalf of J.R. NORMAN BOUDREAU conrming Winnipeg service of Afdavit of Chief Deborah Chief Doc. 32 upon Respondent by courier on 04-JUN-2008 led on 04-JUN-2008 Afdavit of CHIEF DEBORAH CHIEF Winnipeg sworn on 08-MAY-2008 on behalf of Applicant 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, Q led on 04-JUN-2008 Order dated 03-JUN-2008 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 22 Result: granted " 1. The Applicants are granted leave to le the additional afdavit of Chief Deborah Chief sworn May 8, 2008, along with proof of service by June 10, 2008. 2. The Respondents shall serve and le their Winnipeg afdavit evidence pursuant to Rule 307 no later than June 23, 2008. 3. The time for taking subsequent steps under Part 5 of the Federal Courts Rules is extended to run from the date of service of the Resondents' afdavit of evidence on the Applicants or June 23, 2008 2008, whichever is earlier. " Filed on 04-JUN-2008 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1024 page(s) 314 - 315 Interlocutory Decision Solicitor's certicate of service on behalf of Vioula Karlaftis conrming service of Winnipeg Afdavits 28 & 29 upon Applicant by process server on 30-MAY-2008 led on 30-MAY-2008 Afdavit of Edgar Rasmussen ( consisting of 3 volumes) sworn on 28-MAY-2008 on behalf of Respondent in opposition to Notice Winnipeg of Application Doc. No. 1 with Exhibits A to Z .....AA to KK led on 30-MAY-2008 Exhibit No(s). 1 box placed in Bay No. 102 Afdavit of Lezlie Locke sworn on 16-MAY-2008 on behalf of Respondent in Winnipeg opposition to Notice of Application Doc. No. 1 with Exhibits A B C D E F G led on 30-MAY-2008 Letter from Respondent dated 30-MAY-2008 Winnipeg "The Respondent takes no position with

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respect to the Applicant's motion seeking leave to le the additional afdavit of Chief Deborah Chief, sworn May 8, 2008. However, it does reserve its right to challenge the veracity and admissibility of the evidence. We apologize to the Court and the Applicants for our delay in conrming our position with respect to the Applicants' motion, and thank you for your courtesy." sent to Mr. Prothontary Lafrenire. received on 30-MAY-2008 Order dated 14-MAY-2008 rendered by Chief Justice Lutfy Matter considered without personal appearance The Court's decision is with regard to Order dated 06-MAR-2008 Result: Prothonotary Roger Lafrenire is designated as Case Management Judge Filed on 14-MAY-2008 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1023 page(s) 3 - 3 Interlocutory Decision

27

2008-05-14

Ottawa

26

2008-05-09

Solicitor's certicate of service on behalf of Janet Jardine conrming service of the Winnipeg Motion Record of the Applicant - Doc. 25 upon Respondent by courier on 09-MAY-2008 led on 09-MAY-2008 Motion Record containing the following original document(s): 22 23 24 Number of Winnipeg copies received: 3 on behalf of Applicant led on 09-MAY-2008 Written Representations contained within a Motion Record on behalf of Applicant Winnipeg concerning Motion in writing Doc. No. 22 led on 09-MAY-2008 Afdavit of Chief Deborah Chief sworn on 08-MAY-2008 contained within a Motion Winnipeg Record on behalf of Applicant in support of Motion Doc. No. 22 with Exhibits "A", "B" , and "C". led on 09-MAY-2008 Notice of Motion contained within a Motion Winnipeg Record on behalf of Applicant in writing to

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be dealt with in the Winnipeg local ofce for an Order 1-for leave of this Honourable Court for the Applicant to serve and le an additional afdavit; and 2- Such other and further relief as this Honourable Court may deem just. led on 09-MAY-2008 Consent on behalf of all parties to extend the time to serve and le the Respondent's Afdavit evidence for an additional 15 days Winnipeg past May 16, 2008, which period expires on June 2, 2008, pursuant to Rule 7 of the Federal Court Rules. led on 08-MAY-2008 Solicitor's certicate of service on behalf of J.R. Norman Boudreau conrming service of Winnipeg the Afdavit of Verne Laforte - Doc. 19 upon Respondent by courier on 15-APR-2008 led on 15-APR-2008 Afdavit of Verne Laforte sworn on 15-APR-2008 on behalf of Applicant in Winnipeg support of Notice of Application Doc. No. 1 with Exhibits "A" and "B" led on 15-APR-2008 Solicitor's certicate of service on behalf of J.R. Norman Boudreau conrming service of Afdavit of Chief Denis Meeches - Doc. 16, Winnipeg and the Afdavit of Chief Glenn Hudson -Doc. 17 upon Respondent by courier on 14-APR-2008 led on 14-APR-2008 Afdavit of Chief Glenn Hudson sworn on 11-APR-2008 on behalf of Applicant in Winnipeg support of Notice of Application Doc. No. 1 led on 14-APR-2008 Afdavit of Chief Dennis Meeches sworn on 09-APR-2008 on behalf of Applicant in Winnipeg support of Notice of Application Doc. No. 1 with Exhibits "A" to "Z" and "AA" to "JJ" led on 14-APR-2008 Letter from Respondent dated 26-MAR-2008 " .... The Notice of Winnipeg Application seeks the judicial review of the Treasury Board's decision to dispose of the property at issue. The Respondent takes the

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position that all document(s) that may have been considered by the Treasury Board in making its decision constitute a condence of the Queen's Privy Council for Canada within the meaning of Section 39 of the Canada Evidence Act and are therefore privileged. The Respondent undertakes to l a Certicate from the Clerk of the Privy Council Ofce conrming the privileged status of the document(s) in due course. " received on 26-MAR-2008 Order dated 11-MAR-2008 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 10 Result: 1- The Applicants are granted an extension of time to serve and le the Applicants' Afdavit evidence. 2- The Applicants shall serve and le the Applicants' Afdavit evidence no later than 20 days from the date of the service of the certied tribunal record. 3Winnipeg The Time for taking subsequent steps under Part 5 of the Federal Courts Rule is extended to run from the date of service of the Applicants' afdavit evidence on the Respondents. 4- The Applicants are dispensed from the requirement to submit a joint schedule for completion of the remaining steps by April 3, 2008. Filed on 11-MAR-2008 certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1016 page(s) 133 134 Interlocutory Decision Solicitor's certicate of service on behalf of J R Norman Boudreau conrming service of Winnipeg motion record doc 13 upon Respondent by telecopier on 06-MAR-2008 led on 06-MAR-2008 Motion Record containing the following original document(s): 10 11 12 Number of Winnipeg copies received: 3 on behalf of Applicant led on 06-MAR-2008

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Written Representations contained within a Motion Record on behalf of Applicant Winnipeg concerning Motion in writing Doc. No. 10 led on 06-MAR-2008 Afdavit of Jo-Ann Berard sworn on 06-MAR-2008 contained within a Motion Winnipeg Record on behalf of Applicant in support of Motion Doc. No. 10 with Exhibits A B C (consent) led on 06-MAR-2008 Notice of Motion contained within a Motion Record on behalf of Applicant in writing to be dealt with in the Winnipeg local ofce for an Order for an extension of time for the Applicant to serve and le the Applicant's Winnipeg afdavit evidence within 20 days after the time the Res;pondent jproduces the certied tribunal frecord; and 2. such other and further relief as this Honourble Court may deem just. led on 06-MAR-2008 Order dated 06-MAR-2008 rendered by Roger Lafrenire, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 5 Result: granted - "The Respondent, Her Majesty the Queen, is granted an extension of time to March 26, 2008 to serve and le a certied tribunal record. The application shall continue as a specially managed proceeding. The applicant shall submit, no later than April 3, 2008, a joint schedule for completion of the Winnipeg remaining steps in the proceeding. In the event the parties cannot agree on a schedule, the applicant shall forthwith requisition a case management teleconference by letter setting out the following information: a) an agenda for the conference; b) a summary of the positions of the parties with respect to the agenda items; c) draft wording for the directions or orders required from the Court; d) the estimated duration of the conference; and e) dates of mutual availability of counsel for the parties." Filed on 06-MAR-2008

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certied copies sent to parties Transmittal Letters placed on le. entered in J. & O. Book, volume 1016 page(s) 23 - 24 Interlocutory Decision Letter from Applicant dated 03-MAR-2008 " Further to the Motion Record of the Attorney General of Canada served and led on February, 2008, the Applicant does not take Winnipeg a position regarding the order for an exension of time sought by the Respondednt, Her Majesty the Queen. received on 03-MAR-2008 Motion Record containing the following original document(s): 5 6 7 Number of Winnipeg copies received: 3 on behalf of Respondent led on 25-FEB-2008 with proof of service on Applicant on 25-FEB-2008 Written Representations contained within a Motion Record on behalf of Respondent Winnipeg concerning Motion in writing Doc. No. 5 led on 25-FEB-2008 Afdavit of Edward Staska sworn on 25-FEB-2008 contained within a Motion Winnipeg Record on behalf of Respondent in support of Motion Doc. No. 5 led on 25-FEB-2008 Notice of Motion contained within a Motion Record on behalf of Applicant in writing to be dealt with in the Winnipeg local ofce for an Order for an extension of time for the Winnipeg Respondent to produce the certied tribunal record by thrity day (to March 26, 2008) and b) such further and other relief as this Honourable Court deems just. led on 25-FEB-2008 Letter from Respondent dated 19-FEB-2008 " ........ that the Attorney General of Canada takes the position that all Treasury Board documents that may exist, with respect to the Winnipeg decision to dispose of the property known as the Kapyong Barrcks, whould be a condence of the Queen's Privy Council for Canada within the meaning of Section 39 of

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the Canada Evideance At and are themselves privileged. To the extent that such documents exist a Certicate from the Clerk of the Privy Council Ofce will follow in due course. " received on 19-FEB-2008 Consent on behalf of all parties to 1- Extend the time to serve and le the records that were before the Tribunals for an additional 10 days past February 14, 2008, which period expires on February 25, 2008. 2Winnipeg Extend the time to serve and le the Applicants Afdavit evidence for an additional 15 days past February 25, 2008, which period expires on March 11, 2008. led on 08-FEB-2008 Letter from Respondent dated 04-FEB-2008 " Take notice that pursuant to Federal Court rule 318, the respondent object to producing any privileged documents in the possession Winnipeg of the tribunall, including those which may be cabinet condences within the meaning of s. 37 of the Canada Evideance Act. received on 04-FEB-2008 Solicitor's certicate of service on behalf of Voula Karlaftis conrming service of doc. Winnipeg no. 2 upon Applicant by telecopier on 01-FEB-2008 led on 01-FEB-2008 Winnipeg Notice of appearance on behalf of Respondent led on 01-FEB-2008

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Notice of application and 2 copies with regard to Judicial Review (s.18) returnable (but no hearing date indicated at this time) 1 2008-01-25 Winnipeg led on 25-JAN-2008 Certied copy(ies)/copy(ies) transmitted to Director of the Regional Ofce of the Department of Justice Tariff fee of $50.00 received: yes The last database update occurred on 2012-12-14 09:16
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