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Draft Factum of the Applicant Okanagan Nation Alliance

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Draft Factum of the Applicant Okanagan Nation Alliance Court File No. 38734 IN THE SUPREME COURT OF CANADA (APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA) BETWEEN: HER MAJESTY THE QUEEN APPELLANT (Appellant) AND: RICHARD LEE DESAUTEL RESPONDENT (Respondent) AND: ATTORNEY GENERAL OF CANADA, ATTORNEY GENERAL OF ONTARIO, ATTORNEY GENERAL OF QUEBEC, ATTORNEY GENERAL OF NEW BRUNSWICK, ATTORNEY GENERAL OF SASKATCHEWAN, ATTORNEY GENERAL OF ALBERTA, ATTORNEY GENERAL OF THE YUKON TERRITORY, PESKOTOMUHKATI NATION, INDIGENOUS BAR ASSOCIATION IN CANADA, WHITECAP DAKOTA FIRST NATION, GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE), CREE NATION GOVERNMENT, OKANAGAN NATION ALLIANCE, MOHAWK COUNCIL OF KAHNAWÀ:KE, ASSEMBLY OF FIRST NATIONS, MÉTIS NATIONAL COUNCIL, MANITOBA MÉTIS FEDERATION INC., NUCHATLAHT FIRST NATION, CONGRESS OF ABORIGINAL PEOPLES and LUMMI NATION INTERVENERS FACTUM OF THE OF THE INTERVENER, OKANAGAN NATION ALLIANCE Counsel for the Intervener, Okanagan Nation Alliance Rosanne Kyle and Crystal Reeves Ottawa Agent for the Applicants: MANDELL PINDER LLP Colleen Bauman Barristers and Solicitors GOLDBLATT PARTNERS Suite 422 – 1080 Mainland Street Barristers and Solicitors Vancouver, B.C. V6B 2T4 500 - 30 rue Metcalfe Street Tel.: (604) 681-4146 Ottawa, ON K1P 5L4 Fax: (604) 681-0959 Tel.: (613) 786-8695 Email: [email protected] Fax: (613) 788-3509 [email protected] Email: [email protected] 000201-0093.0001 00574505.19 - ii - Counsel for the Appellant, Her Majesty the Queen Glen Thompson and Heather Cochran Ottawa Agent for the Appellant: MINISTRY OF ATTORNEY GENERAL Karen Perron Legal Services Branch BORDEN LADNER GERVAIS LLP 1405 Douglas Street, 3rd Floor Barristers and Solicitors Victoria, BC V8W 2G2 1300 - 100 Queen Street Tel.: (250) 387-0417 Ottawa, ON K1P 1J9 Fax: (250) 387-0343 Tel.: (613) 369-4795 Email: [email protected] Fax: (613) 230-8842 [email protected] Email: [email protected] Counsel for the Respondent, Richard Lee Desautel Mark Underhill Ottawa Agent for Counsel for the Respondent: ARVAY FINLAY LLP Jeffrey Beedell Barristers & Solicitors GOWLING WLG (CANADA) LLP 1512 - 808 Nelson Street Barristers & Solicitors Vancouver, BC V6Z 2H2 2600 - 160 Elgin Street Tel: (604) 696-9828 Ottawa, ON K1P 1C3 Fax: (888) 575-3281 Tel: (613) 986-0171 Email: [email protected] Fax: (613) 788-3587 Email: [email protected] Counsel for the Intervener, Attorney General of Canada Christopher Rupar and Dayna Anderson Ottawa Agent for Counsel for the Intervener, ATTORNEY GENERAL OF CANADA Attorney General of Canada: 50 O’Connor Street, Room 557 Robert Frater, Q.C. Ottawa, ON K2P 6L2 ATTORNEY GENERAL OF CANADA Tel.: (613) 670-6290 50 O’Connor Street, Room 557 Fax: (613) 954-1920 Ottawa, ON K2P 6L2 E-mail: [email protected] Tel.: (613) 670-6290 Fax: (613) 954-1920 E-mail: [email protected] 000201-0093.0001 00574505.19 - iii - Counsel for the Intervener, Attorney General of Ontario Manizeh Fancy and Kisha Chatterjee Ottawa Agent for Counsel for the Intervener: ATTORNEY GENERAL OF ONTARIO Karen Perron 8th Floor, 720 Bay Street BORDEN LADNER GERVAIS LLP Ottawa, ON M7A 2S9 Barristers & Solicitors Tel: (416) 578-3637 1300 - 100 Queen Street Fax: (416) 326-4181 Ottawa, ON K1P 1J9 Email: [email protected] Tel: (613) 369-4795 Fax: (613) 230-8842 Email: [email protected] Counsel for the Intervener, Attorney General of Québec Rosemarie Fortier and Tania Clercq Ottawa Agent for Counsel for the Intervener: MINISTÉRE DE LA JUSTICE Pierre Landry 1200, route de l’Église, 4e étage NOËL & ASSOCIÉS Québec, QC G1V 4M1 Barristers & Solicitors Tel: (418) 643-1744 111, rue Champlain Fax: (418) 644-7030 Gatineau, QC J8X 3R1 Email: [email protected] Tel: (819) 503-2178 [email protected] Fax: (819) 771-5397 Email: [email protected] Counsel for the Intervener, Attorney General of New Brunswick Rachelle Standing and Rose Campbell Ottawa Agent for Counsel for the Intervener: ATTORNEY GENERAL OF NEW D. Lynne Watt BRUNSWICK GOWLING WLG (CANADA) LLP P.O. Box 6000, Stn. A Barristers & Solicitors 675 King Street, Suite 2018 2600 - 160 Elgin Street Fredericton, NB E3B 1E9 Ottawa, ON K1P 1C3 Tel: (506) 453-2222 Tel.: (613) 786-8695 Fax: (506) 453-3275 Fax: (613) 788-3509 Email: [email protected] E-mail: [email protected] [email protected] 000201-0093.0001 00574505.19 - iv - Counsel for the Intervener, Attorney General of Saskatchewan Richard James Fyfe Ottawa Agent for Counsel for the Intervener: ATTORNEY GENERAL FOR D. Lynne Watt SASKATCHEWAN GOWLING WLG (CANADA) LLP Constitutional Law Branch, 8th Floor Barristers & Solicitors 820, 1874 Scarth Street 2600 - 160 Elgin Street Regina, SK S4P 4B3 Ottawa, ON K1P 1C3 Tel: (306) 787-7886 Tel.: (613) 786-.8695 Fax: (306) 787-9111 Fax: (613) 788-3509 Email [email protected] E-mail: [email protected] Counsel for the Intervener, Attorney General of Alberta Angela Edgington Ottawa Agent for Counsel for the Intervener: ATTORNEY GENERAL OF ALBERTA D. Lynne Watt 10th Floor, 10025 - 102A Avenue GOWLING WLG (CANADA) LLP Edmonton, AB T5J 2Z2 Barristers & Solicitors Tel: (780) 427-1482 2600 - 160 Elgin Street Fax: (780) 643-0852 Ottawa, ON K1P 1C3 Email: [email protected] Tel.: (613) 786-8695 Fax: (613) 788-3509 E-mail: [email protected] Counsel for the Intervener, Attorney General of the Yukon Territory Elaine Cairns and Kate Mercier Ottawa Agent for Counsel for the Intervener: ATTORNEY GENERAL OF THE YUKON Marie-France Major TERRITORY SUPREME ADVOCACY LLP 2130 - 2nd Avenue Barristers & Solicitors Whitehorse, YT Y1A 5H6 Suite 100 - 340 Gilmour Street Tel: (867) 456-5586 Ottawa, ON K2P 0R3 Fax: (867) 393-6928 Tel: (613) 695-8855 Email: [email protected] Fax: (613) 695-8580 [email protected] E-mail: [email protected] 000201-0093.0001 00574505.19 - v - Counsel for the Intervener, Peskotomuhkati Nation Paul Williams Ottawa Agent for Counsel for the Intervener: Box 91 Geneviéve Boulay Grand River Territory Westaway Law Group Ohsweken, ON N0A 1M0 Barristers & Solicitors Tel: (905) 506-1755 55 Murray Street, Suite 230 Email: [email protected] Ottawa, ON K1N 5M3 Tel: (613) 702-3042 Karenna Williams Fax: (613) 722-9097 HUBERMAN LAW GROUP E-mail: [email protected] Barristers & Solicitors 1620 - 1075 West Georgia Street Vancouver, BC V6C 3E9 Tel: (604) 685-1229 Fax: (604) 685-0244 Email: [email protected] Counsel for the Intervener, Indigenous Bar Association In Canada BRUCE McIVOR and KATE GUNN Ottawa Agent for Counsel for the Intervener: First Peoples Law Colleen Bauman 55 West Cordova Street, Suite 502 GOLDBLATT PARTNERS Vancouver, BC V6A 0A5 Barristers and Solicitors Tel: (604) 685-4240 500 - 30 rue Metcalfe Street Fax: (604) 283-9349 Ottawa, ON K1P 5L4 Email: [email protected] Tel.: (613) 786-8695 [email protected] Fax: (613) 788-3509 Email: [email protected] Counsel for the Intervener, Whitecap Dakota First Nation MAXIME FAILLE and KEITH BROWN Ottawa Agent for Counsel for the Intervener: GOWLING WLG (CANADA) LLP Guy Régimbald Barristers & Solicitors GOWLING WLG (CANADA) LLP Suite 2300 - 550 Burrard Street Barristers & Solicitors Vancouver, BC V6C 2B5 2600 - 160 Elgin Street Tel: (604) 891-2733 Ottawa, ON K1P 1C3 Fax: (604) 443-6784 Tel: (613) 986-0171 Email: [email protected] Fax: (613) 788-3587 [email protected] Email: [email protected] 000201-0093.0001 00574505.19 - vi - Counsel for the Interveners, Grand Council Of The Crees (Eeyou Istchee) And The Cree Nation Government Jessica Orkin and Kim Stanton Ottawa Agent for Counsel for the Intervener: GOLDBLATT PARTNERS LLP Darryl Korell Suite 1100, 20 Dundas Street West GOLDBLATT PARTNERS Toronto, ON M5G 2G8 Barristers and Solicitors Tel: (416) 979-4381 500 - 30 rue Metcalfe Street Fax: (416) 591-7333 Ottawa, ON K1P 5L4 Email: [email protected] Tel.: (613) 482.2467 [email protected] Fax: (613) 788-3509 Email: [email protected] Counsel for the Intervener, Mohawk Council of Kahnawà:ke Francis Walsh and Stacey Douglas Ottawa Agent for Counsel for the Intervener: MOHAWK COUNCIL OF KAHNAWÀ:KE Maxine Vincelette P.O. Box 720 POWER LAW Mohawk Territory of Kahnawà:ke, PQ Barristers & Solicitors J0L 1B0 Suite 1103 - 130 Albert Street Tel: (450) 632-7500 Ottawa, ON K1P 5G4 Fax: (450) 638-3663 Tel: (613) 702-5560 Email: [email protected] Fax: (613) 702-5560 E-mail: [email protected] Counsel for the Intervener, Assembly of First Nations Stuart Wuttke and Julie McGregor Ottawa Agent for Counsel for the Intervener: ASSEMBLY OF FIRST NATIONS Moira Dillon Suite 1600 - 55 Metcalfe Street SUPREME LAW GROUP Ottawa, ON K1P 6L5 Barristers & Solicitors Tel: (613) 241-6789, Ext. 228 900 - 275 Slater Street Fax: (613) 241-5808 Ottawa, ON K1P 5H9 Email: [email protected] Tel: (613) 691-1224 Fax: (613) 691-1338 E-mail: [email protected] 000201-0093.0001 00574505.19 - vii - Counsel for the Interveners, Métis National Council and Manitoba Métis Federation Inc. (Jointly) Kathy L. Hodgson-Smith Ottawa Agent for Counsel for the Intervener: HODGSON-SMITH LAW Darius Bossé Barristers & Solicitors Juristes Power 311 - 21ST Street East Barristers & Solicitors Saskatoon, SK S7K 0C1 130, rue Albert, bureau 1103 Tel: (306) 955-0588 Ottawa, ON K1P 5G4 Fax: (306) 955-0590 Tel: (613) 702-5566 Email: [email protected] Fax: (613) 702-5566 E-mail: [email protected] Counsel for the Intervener, Nuchatlaht First Nation Jack Woodward, Q.C. Ottawa Agent for Counsel for the
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