Docket

28194

Miguel Figueroa v. The Attorney General of Canada

(Ontario) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2004-11-06 Appeal closed
2004-11-05 Payment out cheque issued, ($545.78)
2004-11-02 Approved order for payment out, sent to Finance Nov. 2/04
2003-06-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-06-27 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C31902, dated August 16, 2000, heard on November 5, 2002 is allowed with costs. Sections 24(2), 24(3) and 28(2) of the Canada Elections Act are declared unconstitutional. The declaration of unconstitutionality is suspended for 12 months.

The constitutional questions are answered as follows:

1. Do ss. 24(3)(a) and 28(2) of the Canada Elections Act, R.S.C. 1985, c. E-2 (now ss. 370(1) and 385, S.C. 2000, c. 9) limit the s. 3 Canadian Charter of Rights and Freedoms rights of candidates or supporters of non-registered political parties by requiring that, in order to become and remain a registered political party, a party must nominate candidates in at least 50 electoral districts in each general election?

Answer: Yes.

2. If the answer to Question 1 is in the affirmative, is this limitation reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: No.

3. Do ss. 24(3)(a) and 28(2) of the Canada Elections Act, R.S.C. 1985, c. E-2 (now ss. 370(1) and 385, S.C. 2000, c. 9) limit the s. 15(1) Charter rights of candidates or supporters of non-registered political parties by requiring that, in order to become and remain a registered political party, a party must nominate candidates in at least 50 electoral districts in each general election?

Answer: It is not necessary to answer this question.

4. If the answer to Question 3 is in the affirmative, is this limitation reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: It is not necessary to answer this question.

5. Do ss. 24(3)(a) and 28(2) of the Canada Elections Act, R.S.C. 1985, c. E-2 (now ss. 370(1) and 385, S.C. 2000, c. 9) limit the s. 2(d) Charter rights of candidates or supporters of non-registered political parties by requiring that, in order to become and remain a registered political party, a party must nominate candidates in at least 50 electoral districts in each general election?

Answer: It is not necessary to answer this question.

6. If the answer to Question 5 is in the affirmative, is this limitation reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: It is not necessary to answer this question.
Allowed, with costs
2002-11-18 Transcript received
2002-11-05 Respondent's condensed book The Attorney General of Canada
2002-11-05 Appellant's condensed book Miguel Figueroa
2002-11-05 Acknowledgement and consent for video taping of proceedings
2002-11-05 Judgment reserved OR rendered with reasons to follow
2002-11-05 Hearing of the appeal, 2002-11-05, (V066), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2002-10-24 Notice of appearance, (Letter Form), de Sylvie Roussel, datée le 24 oct 2002 (par fax). Attorney General of Québec
2002-10-22 Notice of appearance, (Letter Form), from Gail Sinclair, dated Oct. 22, 2002 (by fax). The Attorney General of Canada
2002-09-18 Notice of hearing Miguel Figueroa
2002-09-09 Appeal hearing scheduled, 2002-11-05
Judgment reserved
2002-05-24 Book of authorities, Completed on: 2002-06-10 Attorney General of Québec
2002-05-24 Intervener's factum, Completed on: 2002-05-28 Attorney General of Québec
2002-05-21 Decision on motion to extend time, DeRg, to serve and file the respondent's book of authorities to May 21, 2002, nunc pro tunc.
Granted
2002-05-21 Submission of motion to extend time, DeRg
2002-05-16 Response to motion to extend time, (included in motion book), Completed on: 2002-05-16 Miguel Figueroa
2002-05-16 Response to motion to extend time, (included in motion book), Completed on: 2002-05-16 Attorney General of Québec
2002-05-16 Motion to extend time, to file the authorities to May 21, 2002 - book form, Completed on: 2002-05-16 The Attorney General of Canada
2002-05-16 Respondent's book of authorities, Completed on: 2002-05-16 The Attorney General of Canada
2002-04-26 Respondent's factum, (acknowledgements of service rec'd May 3/02) (p. 39 - Order Sought replaced June 7/02 with service), Completed on: 2002-05-03 The Attorney General of Canada
2002-04-23 Appeal perfected for hearing, Session beginning on 2002-09-30
2002-04-10 Order on motion to extend time
2002-04-10 Decision on motion to extend time, to serve and file the Appellant's book of authorities to March 26, 2002, nunc pro tunc, Reg
Granted
2002-04-10 Submission of motion to extend time, Reg
2002-03-28 Response to motion to extend time, Completed on: 2002-04-10 Miguel Figueroa
2002-03-28 Motion to extend time, to serve and file the Book of Authorities to March 26/02 (1 copy), Completed on: 2002-03-28 Miguel Figueroa
2002-03-26 Appellant's book of authorities, Completed on: 2002-03-26 Miguel Figueroa
2002-02-26 Appellant's factum, (see Order dated July 19/01), Completed on: 2002-02-27 Miguel Figueroa
2002-02-13 Appellant's record, Vol. I to XII (see Order dated July 19/01) (original of Vol. XII rec'd Feb. 26/02), Completed on: 2002-02-26 Miguel Figueroa
2001-11-08 Notice of withdrawal Attorney General for Ontario
2001-10-16 Notice of intervention respecting a constitutional question, (service missing) Attorney General of Québec
2001-10-15 Notice of intervention respecting a constitutional question Attorney General for Ontario
2001-09-14 Notice of constitutional question(s) Miguel Figueroa
2001-09-12 Order on motion to state a constitutional question
2001-09-10 Decision on the motion to state a constitutional question, CJ, by the appellant (for questions see long judgment). Notices of interventions are to be filed on or before Oct. 15, 2001.
Granted, no order as to costs
2001-07-23 Order on motion to adduce new evidence
2001-07-19 Decision on motion to adduce new evidence, Ia, by the respondent. IT IS ORDERED that the fresh evidence be admitted, and served by the respective parties by the following dates: the respondent's fresh evidence to be served by September 7, 2001; the appellant's fresh evidence in response to be served by October 19, 2001; and IT IS FURTHER ORDERED that the schedule for the conduct of the rest of the appeal be revised as follows: all cross-examination on fresh evidence to be completed by November 23, 2001; the appellant's record and factum to be served and filed by March 1, 2002; and the respondent's record and factum to be served and filed by April 26, 2002.
Granted, no order as to costs
2001-07-19 Submission of motion to adduce new evidence, Ia
2001-07-12 Motion to adduce new evidence, book form, Completed on: 2001-07-12 The Attorney General of Canada
2001-06-27 Submission of motion to state a constitutional question, CJ
2001-06-14 Response to the motion to state a constitutional question, (Letter Form), from G. Sinclair dated June 14, 2001 - 2 copies, Completed on: 2001-06-14 The Attorney General of Canada
2001-06-07 Motion to state a constitutional question, 1 copy, Incomplete Miguel Figueroa
2001-04-25 Letter acknowledging receipt of notice of appeal
2001-04-19 Notice of deposit for security Miguel Figueroa
2001-04-17 Order granting leave to appeal
2001-04-12 Notice of appeal, Completed on: 2001-04-12 Miguel Figueroa
2001-03-16 Notice of deposit of judgment issued to all parties
2001-03-15 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-02-12 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2000-11-18 Letter acknowledging receipt of a complete application for leave to appeal
2000-11-16 Applicant's reply to respondent's argument, Completed on: 2000-11-16 Miguel Figueroa
2000-11-14 Respondent's response on the application for leave to appeal, Completed on: 2000-11-14 The Attorney General of Canada
2000-10-11 Application for leave to appeal, Completed on: 2000-10-11 Miguel Figueroa