Docket
30006
Provincial Court Judges' Association of New Brunswick, et al. v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice
(New Brunswick) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-08-02 | Appeal closed | |
| 2005-07-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-07-22 | Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for New Brunswick, Number 90/02/CA, dated August 20, 2003, heard on November 9, 2004, is dismissed with disbursement costs to the respondent. Dismissed, with costs |
|
| 2004-11-29 | Transcript received, (266 pages) | |
| 2004-11-12 | Judgment reserved OR rendered with reasons to follow | |
| 2004-11-09 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2004-11-09 | Hearing of the appeal, 2004-11-09, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-11-04 | Notice of appearance, Louis Masson, Michel Paradis and Valerie Jordi will be present at the hearing. | Federation of Law Societies of Canada |
| 2004-11-04 | Notice of appearance, C. Michael Mitchell and Steven M. Barrett will be present at the hearing. | Ontario Conference of Judges |
| 2004-11-03 | Order on motion to extend time | |
| 2004-11-03 | Decision on motion to extend time, Ma, to serve and file the intervener, A.G. Sask., factum and joint book of authoriites to Oct. 8/04 and to present 15 minutes of oral argument at the hearing of this appeal. Granted |
|
| 2004-11-03 | Submission of motion to extend time, Ma | |
| 2004-11-03 | Notice of appearance, Janet Minor, Sean Hanley and Arif Virani will be present at the hearing. |
Attorney General of Ontario |
| 2004-11-02 | Response to motion to extend time, e-mail from Gowlings dated 11/02/04 (by A.G. SK), Completed on: 2004-11-02 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-11-01 | Order by, LeB, UPON APPLICATION by the Federation of Law Societies of Canada for leave to intervene in the above appeals and pursuant to the order of October 26, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of these appeals. Granted |
|
| 2004-10-29 | Intervener's factum, (joint with 30477, 29525, 30148), Completed on: 2004-10-29 | Federation of Law Societies of Canada |
| 2004-10-28 | Notice of appearance, George Copley and Jennifer Button will be present at the hearing. | Attorney General of British Columbia |
| 2004-10-27 | Notice of appearance, Claude-Armand Sheppard, Annick Bergeron and Brigitte Bussières will be present at hearing. | Attorney General of Quebec |
| 2004-10-27 | Notice of appearance, Claude-Armand Sheppard, Annick Bergeron and Brigitte Bussières will be present at hearing. | Attorney General of Quebec |
| 2004-10-26 | Notice of appearance, Graeme G. Mitchell, Q.C. will be present at the hearing. | Attorney General for Saskatchewan |
| 2004-10-26 | Notice of appearance, Phyllis A. Smith, Q.C., Scott Chen and Kurt Sandstrom will be present at hearing. | Attorney General of Alberta |
| 2004-10-26 | Notice of appearance, Gaétan Migneault and Nancy Forbes will be present at hearing. | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-10-26 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-10-26 | Decision on the motion for leave to intervene, LeB, The motion for an extension of time to apply for leave to intervene and the motion for leave to intervene of the applicant, Federation of Law Societies of Canada, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 1, 2004. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2004-10-26 | Submission of motion for leave to intervene, LeB | |
| 2004-10-26 | Decision on motion to extend time, to apply for leave to intervene on behalf of Federation of Law Societies of Canada, LeB Granted |
|
| 2004-10-26 | Submission of motion to extend time, LeB | |
| 2004-10-26 | Notice of appearance, Robb Tonn and Susan Dawes will be appearing. | Provincial Court Judges' Association of New Brunswick |
| 2004-10-25 | Response to the motion for leave to intervene, Completed on: 2004-10-25 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-10-25 | Notice of appearance, Raynold Langlois and Chantal Chatelain will be present at hearing. | Canadian Association of Provincial Court Judges |
| 2004-10-25 | Notice of appearance, Robert J. Frater and Anne M. Turley will be present at hearing. | Attorney General of Canada |
| 2004-10-22 | Response to the motion for leave to intervene, Completed on: 2004-10-22 | Provincial Court Judges' Association of New Brunswick |
| 2004-10-20 | Motion to extend time, to file the motion to intervene to Oct. 20, 2004 (joint), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-20 | Motion for leave to intervene, (joint with 30477, 29525, 30148), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-15 | Response to motion to extend time, (Letter Form), from Burke-Robertson dated 10/15/04 (by A.G. SK), Completed on: 2004-10-15 | Provincial Court Judges' Association of New Brunswick |
| 2004-10-12 | Motion to extend time, to file its factum and authorities to 10/08/04, Completed on: 2004-10-12 | Attorney General for Saskatchewan |
| 2004-10-12 | Correspondence received from, Marie-France Major dated 10/08/04 re: is agent for the intervener Can. Ass. of Provincial Court Judges | Canadian Association of Provincial Court Judges |
| 2004-10-12 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-10-12 | Decision on motion to extend time, De, UPON APPLICATION by the intervener, the Attorney General of Ontario, for an order extending the time to serve and file its factum and book of authorities to October 5, 2004, and for an order to present oral argument at the hearing of this appeal. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2004-10-12 | Submission of motion to extend time, De | |
| 2004-10-08 | Book of authorities, (joint with 29525), Completed on: 2004-10-08 | Attorney General for Saskatchewan |
| 2004-10-08 | Intervener's factum - AG on constitutional question, Completed on: 2004-10-08 | Attorney General for Saskatchewan |
| 2004-10-07 | Response to motion to extend time, e-mail from Gowlings dated 10/07/04, Completed on: 2004-10-07 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-10-07 | Response to motion to extend time, e-mail from Burke-Robertson dated 10/07/04, Completed on: 2004-10-07 | Provincial Court Judges' Association of New Brunswick |
| 2004-10-06 | Order by, De, UPON APPLICATIONS by the interveners the Attorney General of Alberta and the Attorney General of Ontario for leave to intervene in the above appeal and pursuant to the order of August 31, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-10-06 | Order by, LeB, UPON APPLICATIONS by the Canadian Association of Provincial Court Judges and the Ontario Conference of Judges, for leave to intervene in the above appeal and pursuant to the order of June 28, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-10-05 | Motion to extend time, to file the factum and authorities to Oct. 5, 2004 and to present oral argument, Completed on: 2004-10-05 | Attorney General of Ontario |
| 2004-10-05 | Book of authorities, (Motion for ext. of time requested), Completed on: 2004-10-07 | Attorney General of Ontario |
| 2004-10-05 | Intervener's factum - AG on constitutional question, (Motion for ext. of time requested), Completed on: 2004-10-07 | Attorney General of Ontario |
| 2004-10-01 | Correspondence received from, Sean Hanley re: will file his factum by the coming week (by fax) | Attorney General of Ontario |
| 2004-09-30 | Book of authorities, Completed on: 2004-09-30 | Attorney General of Quebec |
| 2004-09-30 | Intervener's factum - AG on constitutional question, Completed on: 2004-09-30 | Attorney General of Quebec |
| 2004-09-21 | Correspondence received from, Sean Hanley dated 09/21/04 re: will file his factum by the end of September | Attorney General of Ontario |
| 2004-08-31 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-08-31 | Decision on motion to extend time, De, The motion of the intervener, the Attorney General of Ontario, to serve and file its factum and book of authorities to September 21, 2004, is granted. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. Granted |
|
| 2004-08-31 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-08-31 | Decision on motion to extend time, De, The motion of the intervener, the Attorney General of Alberta, to serve and file its factum and book of authorities to August 31, 2004, is granted. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. Granted |
|
| 2004-08-26 | Submission of motion to extend time, De | |
| 2004-08-25 | Book of authorities, Completed on: 2004-08-25 | Attorney General of Alberta |
| 2004-08-25 | Intervener's factum - AG on constitutional question, Completed on: 2004-08-25 | Attorney General of Alberta |
| 2004-08-23 | Book of authorities, Completed on: 2004-08-23 | Ontario Conference of Judges |
| 2004-08-23 | Intervener's factum, Completed on: 2004-08-23 | Ontario Conference of Judges |
| 2004-08-19 | Book of authorities, Completed on: 2004-08-19 | Canadian Association of Provincial Court Judges |
| 2004-08-19 | Intervener's factum, Completed on: 2004-08-19 | Canadian Association of Provincial Court Judges |
| 2004-08-09 | Correspondence received from, (e-mail) Susan Dawes re: consent to A.G. - Ontario's extension of time | Provincial Court Judges' Association of New Brunswick |
| 2004-08-06 | Motion to extend time, to serve and file the factum and book of authorities of the intervener A.G. - Ontario to Sept. 21), Completed on: 2004-08-06 | Attorney General of Ontario |
| 2004-08-04 | Decision on motion to extend time, Reg, La requête en prorogation de délai est accordée. Le délai de signification et de dépôt du mémoire et du recueil de sources de l'intervenant le Procureur général du Québec est prorogé au 30 septembre 2004. La requête relative à la plaidoirie orale est prématurée. Granted |
|
| 2004-08-04 | Submission of motion to extend time, Reg | |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-29 | Intervener's factum - AG on constitutional question, Completed on: 2004-07-29 | Attorney General of British Columbia |
| 2004-07-29 | Book of authorities, Completed on: 2004-07-29 | Attorney General of Canada |
| 2004-07-29 | Intervener's factum - AG on constitutional question, Completed on: 2004-07-29 | Attorney General of Canada |
| 2004-07-27 | Response to motion to extend time, (by the A.G. of Alberta) e-mail from Gowlings dated 07/27/04, Completed on: 2004-07-27 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-07-21 | Response to motion to extend time, (by the A.G. of Alberta) e-mail from Burke-Robertson dated 07/21/04, Completed on: 2004-07-21 | Provincial Court Judges' Association of New Brunswick |
| 2004-07-20 | Response to motion to extend time, (by the A.G. of Qc)) e-mail from Burke-Robertson dated 07/20/04, Completed on: 2004-07-20 | Provincial Court Judges' Association of New Brunswick |
| 2004-07-19 | Motion to extend time, to file the intervener's factum & authorities to 08/31/04, Completed on: 2004-07-19 | Attorney General of Alberta |
| 2004-07-16 | Response to motion to extend time, e-mail from Gowlings dated 07/16/04, Completed on: 2004-07-16 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-07-15 | Motion to extend time, to file the factum and authorities to Sept. 30, 2004 and to present oral argument, Completed on: 2004-07-15 | Attorney General of Quebec |
| 2004-07-15 | Appeal hearing scheduled, 2004-11-09, (previously Oct. 13/04) Judgment reserved |
|
| 2004-07-07 | Appeal perfected for hearing | |
| 2004-07-05 | Respondent's book of authorities, Completed on: 2004-07-05 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-07-05 | Respondent's factum, Completed on: 2004-07-05 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-06-28 | Order on motion for leave to intervene | |
| 2004-06-28 | Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the Canadian Association of Provincial Court Judges, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Ontario Conference of Judges, 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 is 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2004-06-28 | Submission of motion for leave to intervene, LeB | |
| 2004-06-22 | Response to the motion for leave to intervene, (Letter Form), from Gowlings (via e-mail) dated June 22, 2004 re: interventions, Completed on: 2004-06-22 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-06-18 | Motion to extend time, to file the motion for leave to intervene to 06/10/04, Completed on: 2004-06-18 | Ontario Conference of Judges |
| 2004-06-16 | Notice of withdrawal | Attorney General of Manitoba |
| 2004-06-15 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated 06/15/04(to interventions by Can. Ass. of Provincial Court Judges and Ontario Conference of Judges), Completed on: 2004-06-15 | Provincial Court Judges' Association of New Brunswick |
| 2004-06-10 | Motion for leave to intervene, (bookform), Completed on: 2004-06-10 | Ontario Conference of Judges |
| 2004-06-09 | Motion for leave to intervene, (bookform), Completed on: 2004-06-09 | Canadian Association of Provincial Court Judges |
| 2004-06-08 | Respondent's record, (Vol. I, II, III), Completed on: 2004-06-22 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-05-12 | Appellant's record, (Vol. I to IV), Completed on: 2004-05-12 | Provincial Court Judges' Association of New Brunswick |
| 2004-05-12 | Appellant's book of authorities, Completed on: 2004-05-12 | Provincial Court Judges' Association of New Brunswick |
| 2004-05-12 | Appellant's factum, Completed on: 2004-05-13 | Provincial Court Judges' Association of New Brunswick |
| 2004-04-20 | Order on motion to extend time | |
| 2004-04-20 | Decision on motion to extend time, to serve and file the notice of intervention by the Attorney General for Saskatchewan to Mar. 23/04, F Granted |
|
| 2004-04-20 | Submission of motion to extend time, F | |
| 2004-04-15 | Response to motion to extend time, Appellant consents to the extension of time of AG of Sask., Completed on: 2004-04-15 | Provincial Court Judges' Association of New Brunswick |
| 2004-04-13 | Response to motion to extend time, e-mail from Gowlings dated 04/13/04, Completed on: 2004-04-13 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-03-29 | Motion to extend time, to file the notice of intervention, Completed on: 2004-03-29 | Attorney General for Saskatchewan |
| 2004-03-23 | Notice of intervention respecting a constitutional question, (extension of time requested) | Attorney General for Saskatchewan |
| 2004-03-22 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2004-03-22 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2004-03-18 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2004-03-16 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2004-03-15 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2004-02-27 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2004-02-24 | Notice of constitutional question(s) | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-02-19 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-02-19 | Decision on the motion to state a constitutional question, CJ, 1. Do par. (a)(I), (ii) and (iii) of New Brunswick Order in Council 2002-110 interfere with the financial security of Provincial Court judges and thereby violate the principle of judicial independence guaranteed by the preamble to the Constitution Act, 1867? 2. Do par. (a)(I), (ii) and (iii) of New Brunswick Order in Council 2002-110 interfere with the financial security of Provincial Court judges and thereby violate the principle of judicial independence guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms? 3. If the answer to question 2 is in the affirmative, do par.(a)(I), (ii) and (iii) of New Brunswick Order in Council 2002-110 constitute 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 |
|
| 2004-02-10 | Submission of motion to state a constitutional question, CJ | |
| 2004-01-12 | Response to the motion to state a constitutional question, (Letter Form), from S. Dawes dated Jan. 9, 2004 (fax copy), Completed on: 2004-01-12 | Provincial Court Judges' Association of New Brunswick |
| 2004-01-02 | Notice of appeal, Completed on: 2004-01-02 | Provincial Court Judges' Association of New Brunswick |
| 2003-12-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-12-22 | Motion to state a constitutional question, book form, Completed on: 2003-12-22 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2003-12-05 | Judgment on leave sent to the parties | |
| 2003-12-04 | 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 New Brunswick, Number 90/02/CA, dated August 20, 2003, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-11-24 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
| 2003-11-18 | Applicant's reply to respondent's argument, Completed on: 2003-11-18 | Provincial Court Judges' Association of New Brunswick |
| 2003-11-12 | Respondent's response on the application for leave to appeal, Completed on: 2003-11-12 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2003-11-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-10-16 | Court of Appeal casebooks and transcripts of evidence, Vol. 1 to 4 (3 copies) | |
| 2003-10-16 | Application for leave to appeal, (T/C and C/A reasons not signed - rec'd Oct. 31/03) (C/A Order filed Oct. 20/03), Completed on: 2003-10-31 | Provincial Court Judges' Association of New Brunswick |
| 2003-09-26 | Correspondence received from, S. Dawes dated Sept. 25/03 (by fax) re: will file Application for Leave to Appeal and advising that if leave is granted would like to be heard with Bodner (29525) | Provincial Court Judges' Association of New Brunswick |
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