Docket

35423

Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan), et al. v. Her Majesty the Queen, in Right of the Province of Saskatchewan

(Saskatchewan) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2015-02-06 Appeal closed
2015-02-02 Formal judgment sent to the registrar of the court of appeal and all parties
2015-02-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-01-30 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV2242, 2013 SKCA 43, dated April 26, 2013, heard on May 16, 2014, with respect to The Public Service Essential Services Act, S.S. 2008, c. P-42.2, is allowed with costs throughout. The Public Service Essential Services Act is unconstitutional. The declaration of invalidity is suspended for one year. The appeal with respect to The Trade Union Amendment Act, 2008, S.S. 2008, c. 26, is dismissed without costs. Rothstein and Wagner JJ. are dissenting in part.
Allowed, with costs
2015-01-27 Correspondence received from, Ed Van Bemmel re: will not participate in the lock-up Her Majesty the Queen, in Right of the Province of Saskatchewan
2015-01-27 Correspondence received from, Chantal Décoste re: Sylvie Labbé will participate at the lock-up Attorney General of Quebec
2015-01-27 Correspondence received from, Joan Bell re: Patrizia Campanelle and Colleen Bauman will participate in the lock-up for the PIPSC and Chris Robert will participate on behalf of CLC Professional Institute of the Public Service of Canada
2015-01-27 Correspondence received from, Andrea Lapierre re: Krista Devine and Andrew Raven will be participating at the lock-up Public Service Alliance of Canada
2015-01-26 Correspondence received from, (Letter Form), Mr. Kindrachuk, Q.C. re: will participate at the lock-up Attorney General of Canada
2014-12-17 Correspondence received from, (Letter Form), Respondent, fax letter dated Dec.17/2014, re.: writing further to the Appellants' letter dated Dec.3/2014 - recent decision of the European Court of Human Rights - Sent to the Court on 2014-12-22 Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-12-03 Correspondence received from, Craig Bavis dated 2014-12-03. Re: Filing of a supplemental authority - Sent to the Court on 2012-12-22 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-09-09 Media lock-up consent form received from Professional Institute of the Public Service of Canada
2014-08-18 Media lock-up request accepted
2014-08-18 Media lock-up consent form received from Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-08-14 Media lock-up consent form received from, Appellants, Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan), et al. Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-08-14 Media lock-up consent form received from, Attorney General of Newfoundland and Labrador Attorney General of Newfoundland and Labrador
2014-08-07 Media lock-up letter, consent form and undertaking sample sent to all parties
2014-06-13 Media lock-up requested or proposed
2014-06-05 Transcript received, 241 pages
2014-05-16 Judgment reserved OR rendered with reasons to follow
2014-05-16 Hearing of the appeal, 2014-05-16, CJ LeB Abe Ro Cro Ka Wa
Judgment reserved
2014-05-16 Respondent's condensed book, (Book Form), Filed in Court Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Attorney General of Newfoundland and Labrador
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Attorney General of Quebec
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Cypress Regional Health Authority, Five Hills Regional Health Authority, Heartland Regional Health Authority, Sunrise Regional Health Authority, Prince Albert Parkland Regional Health Authority and Saskatoon Regional Health Authority
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Canadian Employers Council
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Canadian Constitution Foundation
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Attorney General of Canada
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Saskatchewan Union of Nurses
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Confédération des syndicats nationaux
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court National Union of Public and General Employees
2014-05-16 Intervener's condensed book, (Book Form), Filed in Court Public Service Alliance of Canada
2014-05-16 Appellant's condensed book, (Book Form), Filed in Court Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-05-13 Notice of appearance, Chantelle MacDonald Newhook will be appearing Attorney General of Newfoundland and Labrador
2014-05-13 Correspondence received from, (Letter Form), Ms. Bauman re: suggest order of counsel appearing in support of the appellants, (Electronic version filed on 2014-05-13) British Columbia Teachers' Federation and Hospital Employees' Union
2014-05-12 Notice of appearance, (Letter Form), Roderick Wiltshire will be appearing Attorney General of Alberta
2014-05-12 Notice of appearance, (Letter Form), Keith Evans will be appearing Attorney General of British Columbia
2014-05-12 Correspondence received from, (Letter Form), Request 3 reserved seats Professional Institute of the Public Service of Canada
2014-05-12 Correspondence received from, Request 4 reserved seats Canadian Labour Congress
2014-05-12 Correspondence received from, (Letter Form), Request 2 reserved seats United Nurses of Alberta
2014-05-12 Notice of appearance, Drew Plaxton will be appearing SEIU-West
2014-05-09 Correspondence received from, Colleen Bauman - request for 8 reserved seats Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-05-09 Notice of appearance, Craig Bavis, Rick Engel, Q.C. and Peter Barnacle will be present at the hearing Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-05-09 Correspondence received from, Colleen Bauman - request for 2 reserved seats Alberta Union of Provincial Employees
2014-05-09 Notice of appearance, Patrick Nugent and Tamara Friesen will be present at the hearing Alberta Union of Provincial Employees
2014-05-09 Correspondence received from, Colleen Bauman - request for 4 reserved seats British Columbia Teachers' Federation and Hospital Employees' Union
2014-05-09 Notice of appearance, Joseph Arvay, Q.C. and Catherine Boies Parker will be present at the hearing British Columbia Teachers' Federation and Hospital Employees' Union
2014-05-09 Notice of appearance, John D. R. Craig and Christopher D. Pigott will be present at the hearing Canadian Employers Council
2014-05-09 Correspondence received from, Nazanine Shams - request for one reserved seat Confédération des syndicats nationaux
2014-05-09 Notice of appearance, Éric Lévesque and Benoit Laurin will be present at the hearing Confédération des syndicats nationaux
2014-05-09 Notice of appearance, Lindsay Lyster will be present at the hearing British Columbia Civil Liberties Association
2014-05-09 Correspondence received from, Bijon Roy - request for 2 reserved seats National Union of Public and General Employees
2014-05-09 Notice of appearance, Paul Champ and Bijon Roy will be present at the hearing National Union of Public and General Employees
2014-05-09 Notice of appearance, Gary L. Bainbridge and Marcus R. Davies will be present at the hearing Saskatchewan Union of Nurses
2014-05-09 Correspondence received from, Moira Dillon - request for 4 reserved seats Canadian Union of Postal Workers and International Association of Machinists and Aerospace workers
2014-05-09 Notice of appearance, Paul Cavalluzzo and Adrienne Telford will be present at the hearing Canadian Union of Postal Workers and International Association of Machinists and Aerospace workers
2014-05-08 Correspondence received from, Andrew Raven - request for 5 reserved seats Public Service Alliance of Canada
2014-05-08 Notice of appearance, Andrew Raven and Andrew Astritis will be present at the hearing Public Service Alliance of Canada
2014-05-08 Correspondence received from, Karen Collins - request for one reserved seat Attorney General of Ontario
2014-05-08 Correspondence received from, Steven Waller & Christopher Rootham - Request for one reserved seat Air Canada Pilots' Association
2014-05-08 Notice of appearance, Steven Waller and Christopher Rootham will be appearing at the hearing Air Canada Pilots' Association
2014-05-08 Order by, CJ, FURTHER TO THE ORDER dated February 11, 2014, deferring the request of the appellants for both the appellants and respondent to present oral argument not exceeding 90 minutes at the hearing of the appeal;
AND FURTHER TO THE ORDERS dated April 8, 2014 and April 9, 2014, granting leave to intervene to the Saskatchewan Union of Nurses, the SEIU-West, the United Nurses of Alberta and the Alberta Federation of Labour, the Professional Institute of the Public Service of Canada, the Canadian Constitution Foundation, the Air Canada Pilots’ Association, the British Columbia Civil Liberties Association, the Conseil du patronat du Québec, the Canadian Employers Council, the Canadian Union of Postal Workers and the International Association of Machinists and Aerospace Workers, the British Columbia Teachers’ Federation and Hospital Employees’ Unions, the Canadian Labour Congress, the Public Service Alliance of Canada, the Alberta Union of Provincial Employees, the Confédération des syndicats nationaux, the Regina Qu’Appelle Regional Health Authority, the Cypress Regional Health Authority, the Five Hills Regional Health Authority, the Heartland Regional Health Authority, the Sunrise Regional Health Authority, the Prince Albert Parkland Regional Health Authority and the Saskatoon Regional Health Authority, the National Union of Public and General Employees, the Canada Post Corporation and Air Canada;
IT IS HEREBY FURTHER ORDERED THAT:
1. The request of the appellants for both the appellants and respondent to present oral argument not exceeding 90 minutes at the hearing of the appeal is denied.
2. The appellants are permitted to present a reply of 15 minutes at the hearing of the appeal, in addition to 60 minutes for oral argument.
3. The Saskatchewan Union of Nurses, the British Columbia Civil Liberties Association, Canadian Union of Postal Workers and the International Association of Machinists and Aerospace Workers, the Public Service Alliance of Canada, the Alberta Union of Provincial Employees, the British Columbia Teachers’ Federation and Hospital Employees’ Unions, the Confédération des syndicats nationaux, the National Union of Public and General Employees, the Canadian Constitution Foundation, the Canadian Employers Council, the Regina Qu’Appelle Regional Health Authority, the Cypress Regional Health Authority, the Five Hills Regional Health Authority, the Heartland Regional Health Authority, the Sunrise Regional Health Authority, the Prince Albert Parkland Regional Health Authority and the Saskatoon Regional Health Authority are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal.
4. The factums of the SEIU-West, the United Nurses of Alberta and the Alberta Federation of Labour, the Professional Institute of the Public Service of Canada, the Air Canada Pilots’ Association, the Canadian Labour Congress, the Conseil du patronat du Québec, the Canada Post Corporation and Air Canada will be considered without the need for oral argument.
5. All the interveners shall take the necessary steps to avoid duplicative submissions at the hearing.
Allowed in part
2014-05-07 Correspondence received from, Moira Dillon - request to add Adrienne Telford as co-counsel on file Canadian Union of Postal Workers and International Association of Machinists and Aerospace workers
2014-05-07 Correspondence received from, Karen Collins - Request for 2 reserved seats Attorney General of Newfoundland and Labrador
2014-05-05 Appeal perfected for hearing
2014-05-02 Correspondence received from, (Letter Form), Benoit Laurin re: requesting permission to present oral argument , (Electronic version filed on 2014-05-02) Confédération des syndicats nationaux
2014-05-02 Intervener's book of authorities, (Book Form), Vol. 1 to 3 , Completed on: 2014-05-07, (Electronic version filed on 2014-05-07) Air Canada Pilots' Association
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Air Canada Pilots' Association
2014-05-02 Intervener's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Canada Post Corporation and Air Canada
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Canada Post Corporation and Air Canada
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Public Service Alliance of Canada
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Public Service Alliance of Canada
2014-05-02 Intervener's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) National Union of Public and General Employees
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) National Union of Public and General Employees
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-08, (Electronic version filed on 2014-05-02) Regina Qu'Appelle Regional Health Authority
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-08, (Electronic version filed on 2014-05-02) Regina Qu'Appelle Regional Health Authority
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Canadian Employers Council
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Canadian Employers Council
2014-05-02 Intervener's book of authorities, (Book Form), Vol. 1 to 3, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Canadian Labour Congress
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Canadian Labour Congress
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Alberta Union of Provincial Employees
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-05, (Electronic version filed on 2014-05-02) Alberta Union of Provincial Employees
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) British Columbia Teachers' Federation and Hospital Employees' Union
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) British Columbia Teachers' Federation and Hospital Employees' Union
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Professional Institute of the Public Service of Canada
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Professional Institute of the Public Service of Canada
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-07, (Electronic version filed on 2014-05-02) Saskatchewan Union of Nurses
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-07, (Electronic version filed on 2014-05-02) Saskatchewan Union of Nurses
2014-05-02 Intervener's book of authorities, (Book Form), (Vol. 1 to 3) , Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Conseil du patronat du Québec
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Conseil du patronat du Québec
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Attorney General of Newfoundland and Labrador
2014-05-02 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Attorney General of Newfoundland and Labrador
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Attorney General of Alberta
2014-05-02 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Attorney General of Alberta
2014-05-02 Intervener's book of authorities, (Book Form), (Vol. 1 to 3), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Confédération des syndicats nationaux
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Confédération des syndicats nationaux
2014-05-02 Intervener's book of authorities, (Book Form), Service to follow, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Attorney General of Canada
2014-05-02 Intervener's factum - AG on constitutional question, (Book Form), service to follow, Completed on: 2014-05-02, (Electronic version filed on 2014-05-02) Attorney General of Canada
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-05, (Electronic version filed on 2014-05-02) Canadian Union of Postal Workers and International Association of Machinists and Aerospace workers
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-05, (Electronic version filed on 2014-05-02) Canadian Union of Postal Workers and International Association of Machinists and Aerospace workers
2014-05-02 Intervener's book of authorities, (Book Form), Completed on: 2014-05-05, (Electronic version filed on 2014-05-02) British Columbia Civil Liberties Association
2014-05-02 Intervener's factum, (Book Form), Completed on: 2014-05-05, (Electronic version filed on 2014-05-02) British Columbia Civil Liberties Association
2014-05-01 Intervener's book of authorities, (Book Form), 2 volumes, Completed on: 2014-05-01 Attorney General of Quebec
2014-05-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-05-01 Attorney General of Quebec
2014-05-01 Intervener's book of authorities, (Book Form), Completed on: 2014-05-01, (Electronic version filed on 2014-05-01) SEIU-West
2014-05-01 Intervener's factum, (Book Form), Completed on: 2014-05-01, (Electronic version filed on 2014-05-01) SEIU-West
2014-05-01 Intervener's book of authorities, (Book Form), Completed on: 2014-05-07, (Electronic version filed on 2014-05-02) Attorney General of British Columbia
2014-05-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-05-07, (Electronic version filed on 2014-05-02) Attorney General of British Columbia
2014-05-01 Intervener's book of authorities, (Book Form), Completed on: 2014-05-12, (Electronic version filed on 2014-05-01) Attorney General of Ontario
2014-05-01 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-05-12, (Electronic version filed on 2014-05-01) Attorney General of Ontario
2014-05-01 Intervener's book of authorities, (Book Form), Completed on: 2014-05-07, (Electronic version filed on 2014-05-01) Canadian Constitution Foundation
2014-05-01 Intervener's factum, (Book Form), Completed on: 2014-05-07, (Electronic version filed on 2014-05-01) Canadian Constitution Foundation
2014-05-01 Correspondence received from, 4 reserved seats Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-05-01 Notice of appearance, Graeme G. Mitchell, Q.C., Barbara Mysko and Katherine Roy will be appearing and Mr. Mitchell will present oral arguments Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-30 Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-04-30) United Nurses of Alberta
2014-04-30 Intervener's factum, (Book Form), Completed on: 2014-05-01, (Electronic version filed on 2014-04-30) United Nurses of Alberta
2014-04-30 Notice of appearance, Robert Charney and Sarah Wright will be appearing and Mr. Charney will make oral arguments Attorney General of Ontario
2014-04-29 Respondent's book of authorities, (Book Form), Vol. 1 to 5, Completed on: 2014-05-12, (Electronic version filed on 2014-05-02) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-29 Respondent's factum, (Book Form), Completed on: 2014-05-12, (Electronic version filed on 2014-04-29) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-28 Correspondence received from, 4 reserve seats Attorney General of Canada
2014-04-28 Notice of appearance, Mark Kindrachuk, Q.C. and Sean Gaudet will be appearing and Mr. Kindrachuk will make oral arguments Attorney General of Canada
2014-04-28 Correspondence received from, 1 reserve seats Attorney General of Quebec
2014-04-28 Notice of appearance, Caroline Renaud and Amélie Desrosiers will be appearing and Me Renaud will present oral arguments. Attorney General of Quebec
2014-04-24 Correspondence received from, Craig Bavis dated 2014-04-23. Re: Signed copies of the acknowledgment and consent form Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-04-23 Supplemental document, (Book Form), (11 volumes) 21 copies rec'd of the Respondent's Abridged Record as per the Order by Justice Cromwell on Feb.27/14, Completed on: 2014-04-24, (Electronic version filed on 2014-04-23) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-22 Notice of appearance, Craig Bavis and Peter Barnacle will appear for Saskatchewan Federation of Labour, et al.

Rick Engel, Q.C. will appear for Saskatchewan Government and Employees' Union
Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-04-16 Certificate of counsel (attesting to record) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-16 Respondent's record, (Book Form), (Table of content + 37 volumes) 2 copies rec'd as per Order by Justice Cromwell on Feb.27/14, Completed on: 2014-04-16, (Electronic version filed on 2014-04-16) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-14 Correspondence received from, 2 reserved seats SEIU-West
2014-04-11 Notice of change of counsel, (Letter Form), by email - Ms. Chantelle Macdonald Newhook is assuming carriage of the appeal from Ms. Barbara Barrowman Attorney General of Newfoundland and Labrador
2014-04-09 Order on motion for leave to intervene, (by THE CHIEF JUSTICE)
2014-04-09 Decision on the motion for leave to intervene, CJ, UPON APPLICATION by Canada Post Corporation and Air Canada for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of Canada Post Corporation and Air Canada is granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in this appeal on or before May 2, 2014.
The interveners shall consult the other parties to avoid repetition in their written arguments.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention.
Granted
2014-04-09 Submission of motion for leave to intervene, CJ
2014-04-09 Response to the motion for leave to intervene, (Letter Form), The Appellants are not taking a position in regard to the intervention by Canada Post Corporation and Air Canada., Completed on: 2014-04-09, (Electronic version filed on 2014-04-09) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-04-08 Response to the motion for leave to intervene, (Letter Form), Response to motion to intervene of Canada Post Corporation and Air Canada
Does not oppose, Completed on: 2014-04-08, (Electronic version filed on 2014-04-08)
Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-08 Order on motion for leave to intervene, (by THE CHIEF JUSTICE)
2014-04-08 Decision on the motion for leave to intervene, CJ, UPON APPLICATIONS for leave to intervene in the above appeal by the Saskatchewan Union of Nurses, the SEIU-West, the United Nurses of Alberta and the Alberta Federation of Labour, the Employment Law Alliance, the Professional Institute of the Public Service of Canada, the University of Saskatchewan, the Canadian Civil Liberties Association, the Canadian Constitution Foundation, the Air Canada Pilots’ Association, the British Columbia Civil Liberties Association, the Conseil du patronat du Québec, the Canadian Employers Council, the Canadian Union of Postal Workers and the International Association of Machinists and Aerospace Workers, the Ontario Public Service Employees Union, the British Columbia Teachers’ Federation and Hospital Employees’ Unions, the Canadian Labour Congress, the Public Service Alliance of Canada, the Centrale des syndicats du Québec, the Alberta Union of Provincial Employees, the Canadian Association of Labour Lawyers, the Confédération des syndicats nationaux, the Saskatchewan Power Corporation and SaskEnergy Incorporated, the Regina Qu’Appelle Regional Health Authority, the Cypress Regional Health Authority, the Five Hills Regional Health Authority, the Heartland Regional Health Authority, the Sunrise Regional Health Authority, the Prince Albert Parkland Regional Health Authority and the Saskatoon Regional Health Authority, the Saskatchewan Chamber of Commerce, the Fédération interprofessionnelle de la Santé du Québec – FIQ, the National Union of Public and General Employees, and the Canadian Association of Counsel to Employers;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Saskatchewan Union of Nurses, the SEIU-West, the United Nurses of Alberta and the Alberta Federation of Labour, the Professional Institute of the Public Service of Canada, the Canadian Constitution Foundation, the Air Canada Pilots’ Association, the British Columbia Civil Liberties Association, the Conseil du patronat du Québec, the Canadian Employers Council, the Canadian Union of Postal Workers and the International Association of Machinists and Aerospace Workers, the British Columbia Teachers’ Federation and Hospital Employees’ Unions, the Canadian Labour Congress, the Public Service Alliance of Canada, the Alberta Union of Provincial Employees, the Confédération des syndicats nationaux, the Regina Qu’Appelle Regional Health Authority, the Cypress Regional Health Authority, the Five Hills Regional Health Authority, the Heartland Regional Health Authority, the Sunrise Regional Health Authority, the Prince Albert Parkland Regional Health Authority and the Saskatoon Regional Health Authority, and the National Union of Public and General Employees are granted and the said seventeen interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in this appeal on or before May 2, 2014.
The motions for leave to intervene of the Employment Law Alliance, the University of Saskatchewan, the Canadian Civil Liberties Association, the Ontario Public Service Employees Union, the Centrale des syndicats du Québec, the Canadian Association of Labour Lawyers, the Saskatchewan Power Corporation and SaskEnergy Incorporated, the Saskatchewan Chamber of Commerce, the Fédération interprofessionnelle de la Santé du Québec – FIQ, and the Canadian Association of Counsel to Employers are dismissed.
Interveners shall consult to avoid repetition in their written arguments.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions.
Allowed in part
2014-04-08 Submission of motion for leave to intervene, CJ
2014-04-04 Correspondence received from, Brian Burkett re: agent Canada Post Corporation and Air Canada
2014-04-04 Motion for leave to intervene, (Book Form), motion for an extension of time included , Completed on: 2014-04-04 Canada Post Corporation and Air Canada
2014-04-02 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-04-02, (Electronic version filed on 2014-04-02) United Nurses of Alberta
2014-04-02 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-04-02, (Electronic version filed on 2014-04-02) Air Canada Pilots' Association
2014-04-02 Correspondence received from, Sylvie Labbé dated 2014-04-02. Re: Sylvie Labbé replaces Pierre Landry as counsel for the agent Confédération des syndicats nationaux
2014-04-02 Response to the motion for leave to intervene, Response to the motion of Conseil du Patronat du Québec, Completed on: 2014-04-02, (Printed version filed on 2014-04-02) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-01 Response to the motion for leave to intervene, (Letter Form), of the CACE, Completed on: 2014-04-01, (Electronic version filed on 2014-04-01) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-04-01 Response to the motion for leave to intervene, (Letter Form), (in response to all interventions), Completed on: 2014-04-01, (Electronic version filed on 2014-04-01) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-04-01 Response to the motion for leave to intervene, (Letter Form), (in response to all interventions with cc. to all parties), Completed on: 2014-04-01, (Electronic version filed on 2014-04-01) Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Saskatchewan Chamber of Commerce
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-26) Fédération interprofessionnelle de la santé du Québec - FIQ
2014-03-25 Motion for leave to intervene, (Book Form), Service to come - rec'd 04-07-2014, Completed on: 2014-04-07, (Electronic version filed on 2014-03-25) Canadian Association of Counsel to Employers
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) National Union of Public and General Employees
2014-03-25 Motion for leave to intervene, (Book Form), 2 volumes, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) British Columbia Teachers' Federation and Hospital Employees' Union
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Canadian Labour Congress
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Regina Qu'Appelle Regional Health Authority
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Ontario Public Service Employees Union
2014-03-25 Intervener's book of authorities, (Book Form), Book of Authorities submitted with the motion (4 volumes)., Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Confédération des syndicats nationaux
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Saskatchewan Power Corporation and SaskEnergy Incorporated
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Confédération des syndicats nationaux
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Canadian Association of Labour Lawyers
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Alberta Union of Provincial Employees
2014-03-25 Motion for leave to intervene, (Book Form), Service missing, Completed on: 2014-03-27, (Electronic version filed on 2014-03-25) Public Service Alliance of Canada
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Centrale des syndicats du Québec
2014-03-25 Motion for leave to intervene, (Book Form), Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Canadian Union of Postal Workers and International Association of Machinists and Aerospace workers
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Canadian Employers Council
2014-03-25 Intervener's book of authorities, (on motion for leave to intervene), Completed on: 2014-03-25 Conseil du patronat du Québec
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) Conseil du patronat du Québec
2014-03-25 Motion for leave to intervene, Completed on: 2014-03-25, (Electronic version filed on 2014-03-25) British Columbia Civil Liberties Association
2014-03-24 Correspondence received from, Christopher D. Pigott dated 2014-03-21 re: Yael Wexler will act as agent Canadian Employers Council
2014-03-24 Motion for leave to intervene, (Book Form), Completed on: 2014-03-24, (Electronic version filed on 2014-03-24) Air Canada Pilots' Association
2014-03-24 Intervener's book of authorities, (Book Form), (on motion for leave to intervene), Completed on: 2014-03-24, (Electronic version filed on 2014-03-24) Canadian Constitution Foundation
2014-03-24 Motion for leave to intervene, (Book Form), Completed on: 2014-03-24, (Electronic version filed on 2014-03-24) Canadian Constitution Foundation
2014-03-21 Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-21) Canadian Civil Liberties Association
2014-03-21 Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-25) University of Saskatchewan
2014-03-21 Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-25) Professional Institute of the Public Service of Canada
2014-03-21 Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-25) United Nurses of Alberta
2014-03-21 Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-21) Employment Law Alliance
2014-03-21 Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-25) SEIU-West
2014-03-19 Notice of hearing sent to parties
2014-03-18 Motion for leave to intervene, (Book Form), Completed on: 2014-03-18, (Electronic version filed on 2014-03-26) Saskatchewan Union of Nurses
2014-03-14 Correspondence received from, Appellants, email dated 03-14-2014, re.: request for 8 reserved seats:
2 seats= Appellant 2 seats= Amalgamated Transit Union, et al.
2 seats= Communications, Energy and Paperworkers' Union of Canada, et al. 2 seats = on behalf of counsel for all of the remaining Appellants
Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-03-11 Supplemental document, Abridged record (7 volumes), Completed on: 2014-03-11 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-03-04 Certificate of counsel (attesting to record), (Electronic version filed on 2014-03-04) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-03-04 Appellant's book of authorities, (4 volumes), Completed on: 2014-03-04 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-03-04 Appellant's record, 2 copies as per the order of Feb. 27, 2014 (26 volumes), Completed on: 2014-03-04 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-03-04 Appellant's factum, Completed on: 2014-03-04 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-03-04 Appeal hearing scheduled, 2014-05-16, Early start 9:00 a.m. (previously tentatively scheduled for October 7, 2014)
Judgment reserved
2014-02-27 Order on miscellaneous motion, (by CROMWELL J.)
2014-02-27 Decision on miscellaneous motion, Cro, UPON APPLICATION by the appellants for an extension of time to serve and file a printed version of the appellants’ record and for an order granting permission to dispense with the printing of documents forming part of a record;
AND UPON the consent of the respondent;
IT IS HEREBY ORDERED THAT:
1. The appellants shall file two paper copies of the full record on or before March 4, 2014. The appellants are excused from filing the remaining copies of the full record. The appellants shall also file 1 original and 20 copies of the record containing only the portions of the record that are referred to in their factum on or before March 11, 2014.
2. The respondent shall file two paper copies of the full record and is excused from filing the remaining copies of the full record. The respondent shall also file 1 original and 20 copies of the record containing only the portions of the record that are referred to in their factum.
3. Unless otherwise ordered herein, all other service and filing requirements set out in the Rules of the Supreme Court of Canada continue to apply to these proceedings.
Allowed in part
2014-02-27 Submission of miscellaneous motion, Cro
2014-02-25 Notice of miscellaneous motion, (Book Form), For an extension of time and to dispense of requirements of the rules, Completed on: 2014-02-25, (Electronic version filed on 2014-02-26) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-02-11 Order on motion to file a lengthy factum, (by ROTHSTEIN J.)
2014-02-11 Decision on motion to file a lengthy factum, Ro, UPON APPLICATION by the appellants for an order permitting the appellants and respondent to file factums on appeal of 60 pages and to present oral argument not exceeding 90 minutes at the hearing of the appeal;
AND HAVING READ the consent of the respondent and the motion materials;
AND while the evidentiary record is no doubt voluminous, the questions to be addressed by this Court are questions of law, upon which the parties should be focused;
AND upon the constitutional questions in this case not appearing to be more complex than those in the numerous constitutional matters that are argued before this Court without requiring a departure from the 40-page maximum provided for in Rule 42(4);
AND having regard to the observation of Richards J.A. (as he then was) in considering a similar motion in the Saskatchewan Court of Appeal in this matter that
. . . all counsel are strongly urged not to treat page length maximums as effective minimums and to bear in mind the age-old truism that, in factum writing, quality always trumps quantity.
IT IS HEREBY ORDERED THAT:
1. The requests to file factums in excess of 40 pages are denied.
2. The requests to present oral argument not exceeding 90 minutes at the hearing of the appeal are deferred to a date following receipt and consideration of the written arguments of the parties and any interveners at which point the Court may order or direct as it deems appropriate.
Dismissed
2014-02-11 Submission of motion to file a lengthy factum, Ro
2014-01-29 Response to the motion to file a lengthy factum, Completed on: 2014-01-29 Her Majesty the Queen, in Right of the Province of Saskatchewan
2014-01-24 Motion to file a lengthy factum, (Book Form), Completed on: 2014-01-24, (Electronic version filed on 2014-01-24) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-01-21 Correspondence received from, Appellants requesting permission to file a lengthy factum. Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2014-01-13 Notice of intervention respecting a constitutional question Attorney General of Alberta
2014-01-13 Notice of intervention respecting a constitutional question Attorney General of Quebec
2014-01-10 Notice of intervention respecting a constitutional question Attorney General of Ontario
2014-01-09 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2013-12-24 Notice of intervention respecting a constitutional question Attorney General of Newfoundland and Labrador
2013-12-18 Notice of intervention respecting a constitutional question Attorney General of Canada
2013-11-27 Notice of constitutional question(s), (Book Form), Served November 26, 2013 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-11-22 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-11-22 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Does the Public Service Essential Services Act, S.S. 2008, c. P-42.2, in whole or in part, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Does the Public Service Essential Services Act, S.S. 2008, c. P-42.2, in whole or in part, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
5. Do ss. 3, 6, 7 and 11 of the Trade Union Amendment Act, S.S. 2008, c. 26, in whole or in part, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms?
6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 25, 2014.
2. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 31, 2014.
3. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before April 2, 2014.
4. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than May 2, 2014.
Granted
2013-11-22 Submission of motion to state a constitutional question, CJ
2013-11-15 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-11-08 Notice of appeal, Completed on: 2013-11-08 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-11-08 Response to the motion to state a constitutional question, Completed on: 2013-11-08 Her Majesty the Queen, in Right of the Province of Saskatchewan
2013-11-08 Motion to state a constitutional question, (Book Form), Completed on: 2013-11-08 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-10-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-10-18 Judgment on leave sent to the parties
2013-10-17 Decision on the application for leave to appeal, LeB Ka Wa, The motions for leave to intervene of the Saskatchewan Union of Nurses and SEIU-West are dismissed without prejudice to their respective right to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV2242, 2013 SKCA 43, dated April 26, 2013, is granted with costs in the cause.
Granted, with costs in the cause
2013-10-17 Decision on the miscellaneous motion, LeB Ka Wa, see Judgment on Leave Application
Dismissed
2013-10-17 Decision on the miscellaneous motion, LeB Ka Wa, see Judgment on Leave Application
Dismissed
2013-09-23 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-09-23 Submission of miscellaneous motion, LeB Ka Wa
2013-09-23 Submission of miscellaneous motion, LeB Ka Wa
2013-08-30 Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-08-30 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-08-26 Book of authorities, (Book Form) Her Majesty the Queen, in Right of the Province of Saskatchewan
2013-08-26 Respondent's response on the application for leave to appeal, (Book Form), service missing (rec'd Aug.27), Completed on: 2013-08-27 Her Majesty the Queen, in Right of the Province of Saskatchewan
2013-08-09 Response to miscellaneous motion, (Letter Form), from Graeme G. Mitchell, Q.C. dated Aug 9/13 (response to SEIU's motion), Completed on: 2013-08-09 Her Majesty the Queen, in Right of the Province of Saskatchewan
2013-08-06 Response to miscellaneous motion, Response to SEIU-West, Completed on: 2013-08-06 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-07-31 Notice of miscellaneous motion, (Book Form), To be added as an intervener party, Completed on: 2013-07-31 SEIU-West
2013-07-31 Response to miscellaneous motion, (Letter Form), Completed on: 2013-07-31 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-07-26 Response to miscellaneous motion, Completed on: 2013-07-26 Her Majesty the Queen, in Right of the Province of Saskatchewan
2013-07-22 Notice of miscellaneous motion, For directions to be added as an intervener party, Completed on: 2013-07-22 Saskatchewan Union of Nurses
2013-06-26 Supplemental document, Supplementary application (2 volumes) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-06-25 Letter acknowledging receipt of a complete application for leave to appeal
2013-06-24 Book of authorities, (2 volumes) Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)
2013-06-24 Application for leave to appeal, Completed on: 2013-06-24 Saskatchewan Federation of Labour (in its own right and on behalf of the unions and workers in the Province of Saskatchewan)