Docket

29597

Newfoundland and Labrador Association of Public and Private Employees v. Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice

(Newfoundland & Labrador) (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)
2005-02-08 Appeal closed
2005-02-08 Record returned to the Registrar of the Court of Appeal
2004-10-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-10-28 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 98/42, dated December 6, 2002, heard on May 12, 2004 is dismissed with costs to the respondent.

The constitutional questions are answered as follows:

1. Does s. 9 of the Public Sector Restraint Act, S.N. 1991, c. 3, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?

Answer: Yes.

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?

Answer: Yes.
Dismissed, with costs
2004-06-01 Transcript received, (107 pages)
2004-05-12 Judgment reserved OR rendered with reasons to follow
2004-05-12 Acknowledgement and consent for video taping of proceedings
2004-05-12 Hearing of the appeal, 2004-05-12, CJ Ma Ba Bi LeB De F
Judgment reserved
2004-05-10 Notice of appearance, e-mail from Christina Christie - Karen Schucher and Fiona Sampson will be present at hearing. Women's Legal Education and Action Fund
2004-05-07 Notice of appearance, Lang Michener - Catherine J. Parker and Joseph Arvay, Q.C. will be present at hearing. Hospital Employees' Union, the British Columbia Government and Service Employees' Union and the Health Sciences Association
2004-05-06 Appellant's condensed book, (14 copies) Newfoundland and Labrador Association of Public and Private Employees
2004-05-06 Notice of appearance, from Cavalluzzo Hayes Shilton McIntyre & Cornish Canadian Labour Congress
2004-05-05 Notice of appearance, Noel & Assoc. - Isabelle Harnois will be present at hearing. Attorney General of Quebec
2004-05-04 Notice of appearance, from Burke-Roberton Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2004-05-04 Order by, F, UPON APPLICATIONS by the Women's Legal Education and Action Fund, the Canadian Association for Community Living, the Canadian Hearing Society and the Council of Canadians with Disabilities, the Hospital Employees' Union, the British Columbia Government and Services Employees' Union and the Health Sciences Association, the Canadian Labour Congress and the Attorney General of British Columbia, for leave to intervene in the above appeal and pursuant to the orders of March 8 and April 26, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2004-05-04 Supplemental document, (Appellant's Record - 13 copies - Certificate of Counsel rec'd by fax May 6/04) (sent to the judges May 5/04) Newfoundland and Labrador Association of Public and Private Employees
2004-05-03 Intervener's factum, Completed on: 2004-05-03 Hospital Employees' Union, the British Columbia Government and Service Employees' Union and the Health Sciences Association
2004-05-03 Book of authorities, Completed on: 2004-05-03 Hospital Employees' Union, the British Columbia Government and Service Employees' Union and the Health Sciences Association
2004-04-30 Book of authorities, Completed on: 2004-04-30 Women's Legal Education and Action Fund
2004-04-30 Intervener's factum, Completed on: 2004-04-30 Women's Legal Education and Action Fund
2004-04-30 Intervener's factum, Completed on: 2004-04-30 Canadian Association for Community Living, Canadian Hearing Society and Council of Canadians with Disabilities
2004-04-30 Book of authorities, Completed on: 2004-04-30 Canadian Association for Community Living, Canadian Hearing Society and Council of Canadians with Disabilities
2004-04-30 Book of authorities, (Vol. I, II, III) service rec'd on May 3/04, Completed on: 2004-05-03 Canadian Labour Congress
2004-04-30 Intervener's factum, (Service rec'd May 3/04), Completed on: 2004-05-03 Canadian Labour Congress
2004-04-26 Order on motion for leave to intervene, BY FISH J.)
2004-04-26 Decision on the motion for leave to intervene, F, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
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 intervener shall not be 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) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2004-04-23 Submission of motion for leave to intervene, F
2004-04-23 Response to the motion for leave to intervene, (Letter Form), from Gowlings rec'd by email, Completed on: 2004-04-23 Newfoundland and Labrador Association of Public and Private Employees
2004-04-20 Intervener's factum, Completed on: 2004-04-20 Attorney General of Quebec
2004-04-20 Book of authorities, Completed on: 2004-04-20 Attorney General of Quebec
2004-04-20 Book of authorities, Completed on: 2004-04-20 Attorney General of Alberta
2004-04-15 Book of authorities, Completed on: 2004-04-14 Attorney General of British Columbia
2004-04-14 Intervener's factum - AG on constitutional question, Completed on: 2004-04-14 Attorney General of British Columbia
2004-04-14 Intervener's factum, Completed on: 2004-04-14 Attorney General of Alberta
2004-04-14 Response to the motion for leave to intervene, e-mail from Burke-Robertson dated 04/14/04, Completed on: 2004-04-14 Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2004-04-13 Correspondence received from, William holder dated 04/13/04 re: captioning accomodation at the hearing (sent to the judges May 5/04) Canadian Association for Community Living, Canadian Hearing Society and Council of Canadians with Disabilities
2004-04-06 Notice of appearance, Sheila H. Greene and Paula M. Schumph will be present at hearing. Newfoundland and Labrador Association of Public and Private Employees
2004-04-02 Motion for leave to intervene, (joint with an extension of time)(bookform), Completed on: 2004-04-02 Attorney General of British Columbia
2004-04-01 Notice of hearing sent to parties
2004-03-31 Appeal hearing scheduled, 2004-05-12, (previously Mar. 23/03 - May 20/04)
Judgment reserved
2004-03-26 Book of authorities, Completed on: 2004-03-26 Attorney General of New Brunswick
2004-03-26 Intervener's factum, Completed on: 2004-03-26 Attorney General of New Brunswick
2004-03-15 Respondent's book of authorities, (Vol. 1 to 4), Completed on: 2004-03-15 Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2004-03-15 Respondent's factum, Completed on: 2004-03-15 Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2004-03-15 Appeal perfected for hearing
2004-03-08 Order on motion for leave to intervene, (BY ARBOUR J.)
2004-03-08 Decision on the motion for leave to intervene, Arb, The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicant, Canadian Association for Community Living, the Canadian Hearing Society and the Council of Canadians with Disabilities, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length .
The motion for leave to intervene of the applicant, the Hospital Employees' Union, the British Columbia Government and Services Employees' Union and the Health Sciences Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicant, the Canadian Labour Congress, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
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 shall not be 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) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2004-03-05 Submission of motion for leave to intervene, Arb
2004-03-04 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated March 4, 2004 (via e-mail), Completed on: 2004-03-04 Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2004-03-03 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated March 3, 2004 (via e-mail), Completed on: 2004-03-03 Newfoundland and Labrador Association of Public and Private Employees
2004-02-16 Motion for leave to intervene, (book form), Completed on: 2004-02-16 Women's Legal Education and Action Fund
2004-02-16 Motion for leave to intervene, (book form), Completed on: 2004-02-16 Hospital Employees' Union, the British Columbia Government and Service Employees' Union and the Health Sciences Association
2004-02-16 Supplemental document, Book of Authorities re: motion to intervene (proof of delivery requested) Canadian Association for Community Living, Canadian Hearing Society and Council of Canadians with Disabilities
2004-02-16 Motion for leave to intervene, (book form) (proof of delivery requested - rec'd Feb. 20/04), Completed on: 2004-02-20 Canadian Association for Community Living, Canadian Hearing Society and Council of Canadians with Disabilities
2004-02-13 Motion for leave to intervene, (book form), Completed on: 2004-02-13 Canadian Labour Congress
2004-01-19 Appellant's factum, Completed on: 2004-01-19 Newfoundland and Labrador Association of Public and Private Employees
2004-01-06 Appellant's book of authorities, 3 vol., Completed on: 2004-01-06 Newfoundland and Labrador Association of Public and Private Employees
2003-12-09 Appellant's record, (Volumes 1 to 4) (vol. I with service filed Jan. 19/04), Completed on: 2004-01-19 Newfoundland and Labrador Association of Public and Private Employees
2003-12-02 Notice of intervention respecting a constitutional question Attorney General of Quebec
2003-11-26 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2003-11-26 Notice of intervention respecting a constitutional question Attorney General of Alberta
2003-11-04 Notice of constitutional question(s) Newfoundland and Labrador Association of Public and Private Employees
2003-10-29 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2003-10-29 Decision on the motion to state a constitutional question, CJ, 1. Does s. 9 of the Public Sector Restraint Act, S.N.L. 1991, c. 3, infringe s. 15(1) 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?
Granted
2003-09-24 Submission of motion to state a constitutional question, CJ
2003-08-26 Response to the motion to state a constitutional question, Completed on: 2003-08-26 Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2003-08-20 Appeal court record, (1 box)
2003-08-07 Notice of deposit for security Newfoundland and Labrador Association of Public and Private Employees
2003-07-31 Motion to state a constitutional question, (3 copies), Completed on: 2003-07-31 Newfoundland and Labrador Association of Public and Private Employees
2003-07-31 Notice of appeal, Completed on: 2003-07-31 Newfoundland and Labrador Association of Public and Private Employees
2003-06-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-06-06 Judgment on leave sent to the parties
2003-06-05 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 98/42 2002 NLCA 72, dated December 6, 2002, is granted with costs to the applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2003-04-22 All materials on application for leave submitted to the Judges, G Ma Arb
2003-03-12 Letter acknowledging receipt of a complete application for leave to appeal
2003-03-03 Applicant's reply to respondent's argument, Completed on: 2003-03-03 Newfoundland and Labrador Association of Public and Private Employees
2003-02-26 Book of authorities Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2003-02-26 Respondent's response on the application for leave to appeal, Completed on: 2003-02-26 Her Majesty the Queen in Right of Newfoundland as represented by Treasury Board and the Minister of Justice
2003-01-29 Book of authorities Newfoundland and Labrador Association of Public and Private Employees
2003-01-28 Application for leave to appeal, vol. 1 and 2 (formal order of C.A. received on Feb. 3, 2003), Completed on: 2003-03-12 Newfoundland and Labrador Association of Public and Private Employees