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Court File No S.C.C. FILE NO. 38734 IN THE SUPREME COURT OF CANADA (ON 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 FOR SASKATCHEWAN, ATTORNEY GENERAL OF ALBERTA, ATTORNEY GENERAL OF THE YUKON TERRITORY, ASSEMBLY OF FIRST NATIONS, CONGRESS OF ABORIGINAL PEOPLES, GRAND COUNCIL OF THE CREES (EEYOU ISTCHEE)/CREE NATION GOVERNMENT, INDIGENOUS BAR ASSOCIATION OF CANADA, LUMMI NATION, MÉTIS NATIONAL COUNCIL AND MANITOBA MÉTIS FEDERATION INC., MOHAWK COUNCIL OF KAHNAWÀ:KE, NUCHATLAHT FIRST NATION, OKANAGAN NATION ALLIANCE, PESKOTOMUHKATI NATION and WHITECAP DAKOTA FIRST NATION INTERVENERS FACTUM OF THE RESPONDENT, RICHARD LEE DESAUTEL (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) Arvay Finlay LLP Gowling WLG (Canada) LLP 1512 – 808 Nelson Street 160 Elgin Street, Suite 2600 Box 12149, Nelson Square Ottawa ON K1P 1C3 Vancouver BC V6Z 2H2 Tel: 613.786.0171 / Fax: 613.788.3587 Tel: 604.696.9828 Email: [email protected] Fax: 1.888.575.3281 Jeffrey W. Beedell Email: [email protected] Ottawa Agent for Counsel for the [email protected] Respondent, Richard Lee Desautel Mark G. Underhill and Kate R. Phipps Counsel for the Respondent, Richard Lee Desautel Attorney General of British Columbia Borden Ladner Gervais LLP Legal Services Branch 1300 – 100 Queen Street 1405 Douglas Street, 3rd Floor Ottawa ON K1P 1J9 Victoria BC V8W 2G2 Tel: 613.369.4795 Tel: 250.387.0417 Fax: 613.230.8842 Fax: 250.387.0343 Email: [email protected] Email: [email protected] Karen Perron Glen R. Thompson Ottawa Agent for Counsel for the Appellant, Counsel for the Appellant, Her Majesty the Her Majesty the Queen Queen Department of Justice Canada Department of Justice Canada Aboriginal Law Section 50 O’Connor Street, Suite 500 900 – 840 Howe Street Ottawa ON K1A 0H8 Vancouver BC V6Z 2S9 Tel: 613.670.6290 Tel: 604.666.8524 Fax: 613.954.1920 Fax: 604.666.2710 Email: [email protected] Email: [email protected] Christopher Rupar Brett Marleau Ottawa Agent for Counsel for the Intervener, Counsel for the Intervener, Attorney Attorney General of Canada General of Canada Attorney General of Ontario Borden Ladner Gervais LLP 720 Bay Street, 8th Floor 1300 – 100 Queen Street Toronto ON M7A 2S9 Ottawa ON K1P 1J9 Tel: 416.578.3637 Tel: 613.369.4795 Fax: 416.326.4181 Fax: 613.230.8842 Email: [email protected] Email: [email protected] Manizeh Fancy and Kisha Chatterjee Karen Perron Counsel for the Intervener, Attorney Ottawa Agent for Counsel for the Intervener, General of Ontario Attorney General of Ontario Ministère de la Justice Noël & Associés 1200, route de l’Église, 4e étage 111, rue Champlain Québec QC G1V 4M1 Gatineau QC J8X 3R1 Tel: 418.643.1744 Tel: 819.503.2178 Fax: 418.644.7030 Fax: 819.771.5397 Email: Email: [email protected] [email protected] Pierre Landry Rosemarie Fortier and Tania Clercq Ottawa Agent for Counsel for the Intervener, Counsel for the Intervener, Attorney Attorney General of Quebec General of Quebec Attorney General of New Brunswick Gowling WLG (Canada) LLP PO Box 6000, Stn. A 160 Elgin Street, Suite 2600 675 King Street, Suite 2018 Ottawa ON K1P 1C3 Fredericton NB E3B 5H1 Tel: 613.786.8695 Tel: 506.453.2222 Fax: 613.788.3509 Fax: 506.453.3275 Email: [email protected] Email: [email protected] D. Lynne Watt Rachelle Standing and Rose Campbell Ottawa Agent for Counsel for the Intervener, Counsel for the Intervener, Attorney Attorney General of New Brunswick General of New Brunswick Attorney General for Saskatchewan Gowling WLG (Canada) LLP Constitutional Law Branch, 8th Floor 160 Elgin Street, Suite 2600 820, 1874 Scarth Street Ottawa ON K1P 1C3 Regina SK S4P 4B3 Tel: 613.786.8695 Tel: 306.787.7886 Fax: 613.788.3509 Fax: 306.787.9111 Email: [email protected] Email: [email protected] D. Lynne Watt Richard James Fyfe Counsel for the Intervener, Attorney General Counsel for the Intervener, Attorney for Saskatchewan General for Saskatchewan Attorney General of Alberta Gowling WLG (Canada) LLP 10th Floor 160 Elgin Street, Suite 2600 10025 – 102A Avenue Ottawa ON K1P 1C3 Edmonton AB T5J 2Z2 Tel: 613.786.8695 Tel: 780.427.1482 Fax: 613.788.3509 Fax: 780.643.0852 Email: [email protected] Email: [email protected] D. Lynne Watt Angela Edgington Ottawa Agent for the Intervener, Attorney Counsel for the Intervener, Attorney General of Alberta General of Alberta Attorney General of the Yukon Territory Supreme Advocacy LLP Legal Services Branch, Government of 100 – 340 Gilmour Street Yukon Ottawa ON K2P 0R3 2130 – 2nd Avenue Tel: 613.695.8855, ext 102 Whitehorse YT Y1A 5H6 Fax: 613.695.8580 Tel: 867.456.5586 Email: [email protected] Fax: 867.393.6928 Marie-France Major Email: [email protected] Ottawa Agent for Counsel for the Intervener, Elaine Cairns and Kate Mercier Attorney General of the Yukon Territory Counsel for the Intervener, Attorney General of the Yukon Territory Assembly of First Nations Supreme Law Group 55 Metcalfe Street, Suite 1600 900 – 275 Slater Street Ottawa ON K1P 6L5 Ottawa ON K1P 5H9 Tel: 613.241.6789 Tel: 613.691.1224 Fax: 613.241.5808 Fax: 613.691.1338 Email: [email protected] Email: [email protected] Stuart Wuttke and Julie McGregor Moira Dillon Counsel for the Intervener, Assembly of Ottawa Agent for Counsel for the First Nations Intervener, Assembly of First Nations Paliare Roland Rosenberg Rothstein LLP Gowling WLG (Canada) LLP 155 Wellington Street West, 35th Floor 160 Elgin Street, Suite 2600 Toronto ON M5V 3H1 Ottawa ON K1P 1C3 Tel: 416.646.4324 Tel: 613.786.0211 Fax: 416.646.4301 Fax: 613.788.3573 Email: [email protected] Email: [email protected] Andrew Lokan Matthew Estabrooks Counsel for the Intervener, Congress of Ottawa Agent for Counsel for the Intervener, Aboriginal Peoples Congress of Aboriginal Peoples Goldblatt Partners LLP Goldblatt Partners LLP 20 Dundas Street West, Suite 1039 30 Metcalfe Street, Suite 500 Toronto ON M5G 2C2 Ottawa ON K1P 5L4 Tel: 416.979.4381 Tel: 613.482.2467 Fax: 416.591.7333 Fax: 613.235.3041 Email: [email protected] Email: [email protected] [email protected] Darryl Korell -and- Ottawa Agent for Counsel for the Intervener, O’Reilly & Associés Grand Council of the Crees (Eeyou 1155 boul. Robert-Bourassa, Bureau 1007 Istchee)/Cree Nation Government Montréal QC H3B 3A7 Tel: 514.871.8117 Fax: 514.871.9177 Email: [email protected] Jessica Orkin, Kim Stanton and James O’Reilly Counsel for the Intervener, Grand Council of the Crees (Eeyou Istchee)/Cree Nation Government First People’s Law Goldblatt Partners LLP 55 East Cordova Street, Suite 502 500 – 30 Metcalfe Street Vancouver BC V6A 0A5 Ottawa ON K1P 5L4 Tel: 604.685.4240 Tel: 613.235.5327 Fax: 604.283.9349 Fax: 613.235.3041 Email: [email protected] Email: [email protected] [email protected] Colleen Bauman Bruce McIvor and Kate Gunn Ottawa Agent for Counsel for the Intervener, Counsel for the Intervener, Indigenous Bar Indigenous Bar Association of Canada Association of Canada DGW Law Corporation Supreme Law Group 201 – 736 Broughton Street 900 – 275 Slater Street Victoria BC V8W 1E1 Ottawa ON K1P 5H9 Tel: 250.361.9469 Tel: 613.691.1224 Fax: 250.361.9429 Fax: 613.691.1338 Email: [email protected] Email: [email protected] John W. Gailus Moira Dillon Counsel for the Intervener, Lummi Nation Ottawa Agent for Counsel for the Intervener, Lummi Nation Hodgson-Smith Law Juristes Power 311 – 21st Street East 130 Albert Street, #1103 Saskatoon SK S7K 0C1 Ottawa ON K1P 5G4 Tel: 306.955.0588 Tel: 613.702.5560 Fax: 306.955.0590 Fax: 613.702.5560 Email: [email protected] Email: dbossé@juristepower.ca Kathy L. Hodgson-Smith, Caroline Darius Bossé Magnan Ottawa Agent for Counsel for the Intervener, and Audrey Mayrand Métis National Council and Manitoba Métis Counsel for the Intervener, Métis National Federation Inc. Council and Manitoba Métis Federation Inc. Mohawk Council of Kahnawà:ke Power Law PO Box 720 130 Albert Street, Suite 1103 Mohawk Territory of Kahnawà:ke Ottawa ON K1P 5G4 Tel: 450.632.7500 Tel: 613.702.5573 Fax: 450.638.3663 Fax: 613.702.5573 Email: [email protected] Francis Walsh and Stacey Douglas Counsel for the Intervener, Mohawk Council Maxine Vincelette of Kahnawà:ke Ottawa Agent for Counsel for the Intervener, Mohawk Council of Kahnawà:ke Jack Woodward, Q.C. Conway Baxter Wilson LLP 302 – 871 Island Highway 400 – 411 Roosevelt Avenue Campbell River BC V9W 2C2 Ottawa ON K2A 3X9 Tel: 778.348.2356 Tel: 613.691.0368 Email: [email protected] Fax: 613.688.0271 Email: [email protected] Jack Woodward, Q.C. Counsel for the Intervener, Nuchatlaht First David Taylor Nation Ottawa Agent for Counsel for the Intervener, Nuchatlaht First Nation Mandell Pinder LLP Goldblatt Partners LLP Suite 422 – 1080 Mainland Street 500 – 30 Metcalfe Street Vancouver BC V6B 2T4 Ottawa ON K1P 5L4 Tel: 604.681.4146 Tel: 613.235.5317 Fax: 604.681.0959 Fax: 613.235.3041 Email: [email protected] Email: [email protected] [email protected] Colleen Bauman Roseanne Kyle and Crystal Reeves Ottawa Agent for Counsel for the Intervener, Counsel for the Intervener, Okanagan Nation Okanagan Nation Alliance Alliance Paul Williams Westaway Law
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