Docket

37398

Her Majesty the Queen v. Gerard Comeau

(New Brunswick) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-12-07 Judgment reserved OR rendered with reasons to follow
2017-12-07 Intervener's condensed book, (Book Form), 14 copies submitted in Court Federal Express Canada Corporation
2017-12-07 Intervener's condensed book, (Book Form), 14 copies submitted in Court Association of Canadian Distillers, operating as Spirits Canada
2017-12-07 Intervener's condensed book, (Book Form), 14 copies submitted in Court Alberta Small Brewers Association
2017-12-07 Intervener's condensed book, (Book Form), 14 copies submitted to the Court Liquidity Wines Ltd.
2017-12-07 Intervener's condensed book, (Book Form), 14 copies submitted to the Court Attorney General of Quebec
2017-12-07 Intervener's condensed book, (Book Form), 14 copies submitted in court Attorney General of Alberta
2017-12-07 Respondent's condensed book, (Book Form), 14 copies submitted in court Gerard Comeau
2017-12-07 Appellant's condensed book, (Book Form), 14 copies submitted in court Her Majesty the Queen
2017-12-06 Hearing of the appeal, 2017-12-06, And 2017-12-07, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-12-06 Intervener's condensed book, (Book Form), 14 copies submitted to the Court Attorney General of Canada
2017-12-06 Intervener's condensed book, (Book Form), 14 copies submitted in court Attorney General of Prince Edward Island
2017-12-01 Correspondence received from, Additional Authority : To be referred to in oral argument Her Majesty the Queen
2017-11-28 Correspondence received from, Additional Authority : will be referred to in oral arguments Gerard Comeau
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Canadian Vintners Association
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada, Turkey Farmers of Canada, Canadian Hatching Egg Producers
2017-11-21 Intervener's book of authorities, (Book Form), Completed on: 2017-11-21 Association of Canadian Distillers, operating as Spirits Canada
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Association of Canadian Distillers, operating as Spirits Canada
2017-11-21 Intervener's book of authorities, (Book Form), Completed on: 2017-11-21 Cannabis Culture
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Cannabis Culture
2017-11-21 Intervener's book of authorities, (Book Form), Completed on: 2017-11-21 Canada's National Brewers
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Canada's National Brewers
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Consumers Council of Canada
2017-11-21 Intervener's book of authorities, (Book Form), Completed on: 2017-11-21 Alberta Small Brewers Association
2017-11-21 Intervener's factum, (Book Form), Completed on: 2017-11-21 Alberta Small Brewers Association
2017-11-20 Supplemental document, Two supplemental authorities, Completed on: 2017-11-20 Her Majesty the Queen
2017-11-20 Intervener's factum, (Book Form), Completed on: 2017-11-20 Federal Express Canada Corporation
2017-11-20 Intervener's book of authorities, (Book Form), Completed on: 2017-11-20 Montreal Economic Institute
2017-11-20 Intervener's factum, (Book Form), Completed on: 2017-11-20 Montreal Economic Institute
2017-11-20 Intervener's book of authorities, (Book Form), Completed on: 2017-11-20 Canadian Chamber of Commerce, Canadian Federation of Independent Business
2017-11-20 Intervener's factum, (Book Form), Completed on: 2017-11-20 Canadian Chamber of Commerce, Canadian Federation of Independent Business
2017-11-20 Intervener's factum, (Book Form), Completed on: 2017-11-20 Artisan Ales Consulting Inc.
2017-11-16 Intervener's book of authorities, (Book Form), Completed on: 2017-11-16 Liquidity Wines Ltd.
2017-11-16 Intervener's factum, (Book Form), Completed on: 2017-11-16 Liquidity Wines Ltd.
2017-11-08 Correspondence received from, (Letter Form), The Respondent, additional authorities. Gerard Comeau
2017-11-07 Correspondence received from, (Letter Form), The Respondent, additional authorities. Gerard Comeau
2017-11-06 Correspondence received from, (Letter Form), 6 reserved seats requested Gerard Comeau
2017-11-06 Intervener's factum - AG on constitutional question, (Book Form), French version of factum filed on October 13, 2017., Completed on: 2017-11-06 Attorney General of Canada
2017-11-06 Appeal perfected for hearing
2017-11-03 Respondent's book of authorities, (Letter Form), Completed on: 2017-11-03 Gerard Comeau
2017-10-26 Respondent's book of authorities, (Book Form), on reply factum, Completed on: 2017-10-26 Gerard Comeau
2017-10-26 Reply factum on appeal, (Book Form), FILED BY THE RESPONDENT, Completed on: 2017-10-26 Gerard Comeau
2017-10-19 Correspondence received from, (Letter Form), Will be relying on an article cited in the factum of the Attorney General of Newfoundland and Labrador and the Government of Nunavut entitled "R v Comeau: Reflections from the Perspective of Health". Her Majesty the Queen
2017-10-13 Correspondence received from, (Letter Form), Karen Collins (by email). The intervener will not be filing a factum. Attorney General of Nova Scotia
2017-10-13 Intervener's book of authorities, (Book Form), Completed on: 2017-10-13 Attorney General of Canada
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General of Canada
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Government of Nunavut as represented by the Minister of Justice
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General of Newfoudland and Labrador
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General of Northwest Territories
2017-10-13 Intervener's book of authorities, (Book Form), Completed on: 2017-10-13 Attorney General of British Columbia
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), amended electronic copy rec'd 2017/10/23, Completed on: 2017-10-13 Attorney General of British Columbia
2017-10-13 Intervener's book of authorities, (Book Form), Completed on: 2017-10-13 Attorney General of Alberta
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General of Alberta
2017-10-13 Intervener's book of authorities, (Book Form), Completed on: 2017-10-13 Attorney General for Saskatchewan
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General for Saskatchewan
2017-10-13 Intervener's book of authorities, (Book Form), Completed on: 2017-10-13 Attorney General of Ontario
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General of Ontario
2017-10-13 Intervener's book of authorities, (Book Form), Completed on: 2017-10-13 Attorney General of Prince Edward Island
2017-10-13 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-13 Attorney General of Prince Edward Island
2017-10-13 Respondent's book of authorities, (Book Form), Completed on: 2017-10-13 Gerard Comeau
2017-10-13 Respondent's factum, (Book Form), Completed on: 2017-10-13 Gerard Comeau
2017-10-12 Intervener's book of authorities, (Book Form), Completed on: 2017-10-12 Attorney General of Quebec
2017-10-12 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2017-10-12 Attorney General of Quebec
2017-10-10 Order on motion for leave to intervene, (by MOLDAVER J.)
2017-10-10 Decision on the motion for leave to intervene, Mo,
UPON APPLICATIONS by the Artisan Ales Consulting Inc.; the Association of Canadian Distillers, operating as Spirits Canada; the Alberta Small Brewers Association; 0883467 BC Ltd. operating as Cannabis Culture; the Consumers Council of Canada; the Canada’s National Brewers; the Canadian Chamber of Commerce and Canadian Federation of Independent Business (jointly); the Canadian Vintners Association; the Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada, Turkey Farmers of Canada and Canadian Hatching Egg Producers (jointly); the Federal Express Canada Corporation; Liquidity Wines Ltd., Painted Rock Estate Winery Ltd., 50th Parallel estate Limited Partnership, Okanagan Crush Pad Winery Ltd., Noble Ridge Vineyard and Winery Limited Partnership (jointly) and the Montreal Economic Institute for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said twelve (12) interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before November 21, 2017.
The said twelve (12) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent’s request to address the interveners’ argument in his reply is denied. The respondent’s reply factum is due, as per Abella J. order of July 14, 2017, on October 27, 2017.
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 appellant and the respondents any additional disbursements occasioned to the them by their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of Nova Scotia, the Attorney General of British Columbia, the Attorney General of Prince Edward Island, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of Newfoundland and Labrador, the Attorney General of Northwest Territories and the Government of Nunavut as represented by the Minister of Justice are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2017-10-10 Submission of motion for leave to intervene, Mo
2017-09-22 Response to the motion for leave to intervene, Completed on: 2017-09-22 Her Majesty the Queen
2017-09-20 Notice of change of counsel, James Gormley and Jonathan Coady are now counsel of record. Attorney General of Prince Edward Island
2017-09-20 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-09-20 Gerard Comeau
2017-09-18 Correspondence received from, Notice of Agent representing two opposing parties Attorney General of British Columbia
2017-09-15 Notice of name, (Letter Form), paper copy rec'd 2017/09/21 Alberta Small Brewers Association
2017-09-15 Motion for leave to intervene, (Book Form), paper copy and payment to come-both rec'd 2017/09/21, Completed on: 2017-09-18 Alberta Small Brewers Association
2017-09-15 Notice of name, (Letter Form) Cannabis Culture
2017-09-15 Motion for leave to intervene, (Book Form), Completed on: 2017-09-15 Cannabis Culture
2017-09-15 Correspondence received from, (Letter Form), Counsel for the respondent does not oppose motion; sworn affivadit will be filed when available. Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada, Turkey Farmers of Canada, Canadian Hatching Egg Producers
2017-09-15 Notice of name, (Letter Form) Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada, Turkey Farmers of Canada, Canadian Hatching Egg Producers
2017-09-15 Motion for leave to intervene, (Book Form), sworn affidavit to come-rec'd 2017/09/20 and inserted into the motion, Completed on: 2017-09-21 Dairy Farmers of Canada, Egg Farmers of Canada, Chicken Farmers of Canada, Turkey Farmers of Canada, Canadian Hatching Egg Producers
2017-09-15 Notice of name, (Letter Form) Canada's National Brewers
2017-09-15 Motion for leave to intervene, (Book Form), Completed on: 2017-09-15 Canada's National Brewers
2017-09-15 Notice of name, (Letter Form) Association of Canadian Distillers, operating as Spirits Canada
2017-09-15 Certificate (on limitations to public access), (Letter Form) Association of Canadian Distillers, operating as Spirits Canada
2017-09-15 Motion for leave to intervene, (Book Form), Completed on: 2017-09-15 Association of Canadian Distillers, operating as Spirits Canada
2017-09-15 Notice of name, (Letter Form) Consumers Council of Canada
2017-09-15 Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2017-09-15 Consumers Council of Canada
2017-09-15 Notice of name, (Letter Form) Canadian Chamber of Commerce, Canadian Federation of Independent Business
2017-09-15 Motion for leave to intervene, (Book Form), Completed on: 2017-09-15 Canadian Chamber of Commerce, Canadian Federation of Independent Business
2017-09-14 Notice of name, (Letter Form) Canadian Vintners Association
2017-09-14 Motion for leave to intervene, (Book Form), Paper copies rec'd 2017/09/18, Completed on: 2017-09-14 Canadian Vintners Association
2017-09-14 Certificate (on limitations to public access), (Letter Form) Federal Express Canada Corporation
2017-09-14 Notice of name, (Letter Form) Federal Express Canada Corporation
2017-09-14 Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2017-09-14 Federal Express Canada Corporation
2017-09-13 Intervener's book of authorities, (Book Form), ON MOTION, Completed on: 2017-09-13 Montreal Economic Institute
2017-09-13 Notice of name Montreal Economic Institute
2017-09-13 Motion for leave to intervene, (Book Form), Completed on: 2017-09-13 Montreal Economic Institute
2017-09-12 Notice of name Artisan Ales Consulting Inc.
2017-09-12 Motion for leave to intervene, (Book Form), Completed on: 2017-09-12 Artisan Ales Consulting Inc.
2017-08-30 Notice of name Liquidity Wines Ltd.
2017-08-30 Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2017-08-31 Liquidity Wines Ltd.
2017-08-21 Appeal hearing scheduled, 2017-12-07, Day 2 (FOR WEBCASTING PURPOSES ONLY)
2017-08-21 Appeal hearing scheduled, 2017-12-06, Day 1.
Judgment reserved
2017-08-18 Notice of hearing sent to parties
2017-08-18 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2017-08-18 Appellant's book of authorities, (Book Form), Completed on: 2017-08-18 Her Majesty the Queen
2017-08-18 Appellant's record, (Book Form), (5 volumes), Amended electronic copy of Volume 5 rec'd 2017/08/22, Completed on: 2017-08-18 Her Majesty the Queen
2017-08-18 Appellant's factum, (Book Form), Completed on: 2017-08-18 Her Majesty the Queen
2017-07-14 Order on motion to extend time, (BY JUSTICE ABELLA)
2017-07-14 Decision on motion to extend time, Abe, UPON APPLICATION by the appellant for an order extending the time to serve and file its factum, record and book of authorities to August 18, 2017; an order extending the time within which the intervening Attorneys General and the Minister of Justice of Nunavut may serve and file their factums to November 10, 2017; and an order granting the respondent the right to file a single factum, not exceeding ten (10) pages in reply to the factum of the interveners on or before November 24, 2017, pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent consents conditionally to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted in part.
1) The appellant shall serve and file its factum, record and book of authorities on or before August 18, 2017;
2) The Attorneys General and the Minister of Justice of Nunavut shall each serve and file a single ten (10) page factum on or before October 13, 2017; and
3) The respondent shall serve and file a single ten (10) page reply factum on or before October 27, 2017.
Allowed in part
2017-07-14 Submission of motion to extend time, Abe
2017-07-12 Response to motion to extend time, (Letter Form), For the amended motion for extension of time. Proof of service missing (received 2017-07-13)., Completed on: 2017-07-13 Gerard Comeau
2017-07-11 Response to motion to extend time, (Letter Form), Proof of service missing (received 2017-07-13)., Completed on: 2017-07-13, (Electronic version filed on 2017-07-11) Attorney General of Canada
2017-07-10 Response to motion to extend time, (Letter Form), Completed on: 2017-07-10 Gerard Comeau
2017-07-07 Motion to extend time, (Letter Form), to serve and file the appellant factum and to grant the right to the respondent to file a single factum in response to the interveners factums. AMENDED motion filed on 2017-07-12., Completed on: 2017-07-07, (Electronic version filed on 2017-07-07) Her Majesty the Queen
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of Canada
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Government of Nunavut as represented by the Minister of Justice
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of Northwest Territories
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of Prince Edward Island
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of British Columbia
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General for Saskatchewan
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of Nova Scotia
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of Alberta
2017-06-23 Notice of intervention respecting a constitutional question, Completed on: 2017-06-23 Attorney General of Newfoudland and Labrador
2017-06-22 Notice of intervention respecting a constitutional question, Completed on: 2017-06-22 Attorney General of Quebec
2017-06-21 Notice of intervention respecting a constitutional question, Completed on: 2017-06-21 Attorney General of Ontario
2017-05-26 Notice of constitutional question(s), (Letter Form), Completed on: 2017-05-26 Her Majesty the Queen
2017-05-26 Notice of appeal, Completed on: 2017-05-26 Her Majesty the Queen
2017-05-25 Notice of constitutional question(s), (Letter Form), Completed on: 2017-05-25 Gerard Comeau
2017-05-09 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-05-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-05-05 Judgment on leave sent to the parties
2017-05-04 Decision on the application for leave to appeal, CJ Abe Mo Ka Wa Ga Côt Br Row,
The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 35-16-CA, dated October 20, 2016, is granted with costs to the respondent in any event of the cause. The appellant is required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada.
Granted, with costs
2017-05-04 Decision on motion to extend time to file and /or serve the leave application, See judgment on application., CJ Abe Mo Ka Wa Ga Côt Br Row
Granted
2017-03-20 All materials on application for leave submitted to the Judges, CJ Wa Ga, for consideration by the Court
2017-03-20 Submission of motion to extend time to file and/ or serve the leave application, CJ Wa Ga, for consideration by the Court
2017-02-10 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-10) Gerard Comeau
2017-02-10 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-02-10, (Electronic version filed on 2017-02-10) Gerard Comeau
2017-01-17 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2017-01-17
2017-01-16 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-16) Her Majesty the Queen
2017-01-16 Application for leave to appeal, (Book Form), Court of appeal and trial court orders missing (Court of appeal order received on 2017-01-30 and Trial court order received on 2017-01-01). Amended notice of application for leave to appeal filed on 2017-01-16 (inserted in book), Completed on: 2017-02-01, (Electronic version filed on 2017-01-16) Her Majesty the Queen
2016-12-16 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2016-12-16, (Electronic version filed on 2016-12-16) Her Majesty the Queen