Docket

32186

Her Majesty the Queen in Right of the Province of Alberta v. Hutterian Brethren of Wilson Colony, et al.

(Alberta) (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)
2009-10-21 Appeal closed
2009-10-16 Formal judgment sent to the registrar of the court of appeal and all parties
2009-10-16 Notice of deposit of judgment sent to all parties
2009-10-15 Decision on the motion for a re-hearing of the appeal, CJ Bi LeB De F Abe Ro, The motion for an order returning the case to court of first instance, a stay of execution and re-hearing of the appeal is dismissed without costs.
Dismissed, without costs
2009-09-28 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Bi LeB De F Abe Ro
2009-09-23 Reply to the response to the motion for a re-hearing of the appeal Hutterian Brethren of Wilson Colony
2009-09-14 Response to the motion for a re-hearing of the appeal, (Letter Form), from Albertos Polizogopoulos dated Sept. 14/09, Completed on: 2009-09-14 Evangelical Fellowship of Canada and Christian Legal Fellowship
2009-09-11 Response to the motion for a re-hearing of the appeal, Completed on: 2009-09-11 Attorney General of Canada
2009-09-11 Response to the motion for a re-hearing of the appeal, Completed on: 2009-09-14 Her Majesty the Queen in Right of the Province of Alberta
2009-08-27 Motion for a re-hearing of the appeal, Completed on: 2009-08-28 Hutterian Brethren of Wilson Colony
2009-07-31 Appeal closed
2009-07-27 Formal judgment sent to the registrar of the court of appeal and all parties
2009-07-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2009-07-24 Judgment on the appeal rendered, CJ Bi LeB De F Abe Ro, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0601-0134-AC, 2007 ABCA 160, dated May 17, 2007, heard on October 7, 2008, is allowed, LeBel, Fish and Abella JJ. dissenting.
The constitutional questions are answered as follows:
1. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 2(a) 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. LeBel, Fish and Abella JJ. would answer no.
3. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
Answer: No. LeBel, Fish and Abella JJ. find it unnecessary to answer this question.
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?
Answer: It is not necessary to answer this question.

Allowed
2008-10-22 Transcript received, (99 pages)
2008-10-07 Judgment reserved OR rendered with reasons to follow
2008-10-07 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of British Columbia
2008-10-07 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2008-10-07 Respondent's condensed book, Submitted in Court (14 copies) Hutterian Brethren of Wilson Colony
2008-10-07 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen in Right of the Province of Alberta
2008-10-07 Acknowledgement and consent for video taping of proceedings, From all parties
2008-10-07 Hearing of the appeal, 2008-10-07, CJ Bi LeB De F Abe Ro
Judgment reserved
2008-09-30 Notice of appearance, Donald Rennie and Sharlene Telles-Langdon will be present at the hearing. Attorney General of Canada
2008-09-29 Order by, Ro, FURTHER TO THE ORDER dated August 22, 2008, granting leave to intervene to
the Canadian Civil Liberties Association, the Ontario Human Rights Commission and the Evangelical Fellowship of Canada and Christian Legal Fellowship;
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
2008-09-24 Notice of appearance, Kikee Malik and Brian Smith will be present at the hearing. Ontario Human Rights Commission
2008-09-24 Notice of appearance, Roderick Wiltshire and Randy Steele will be present at the hearing. Her Majesty the Queen in Right of the Province of Alberta
2008-09-22 Intervener's book of authorities, Completed on: 2008-09-22 Evangelical Fellowship of Canada and Christian Legal Fellowship
2008-09-22 Intervener's factum, Completed on: 2008-09-22 Evangelical Fellowship of Canada and Christian Legal Fellowship
2008-09-22 Intervener's book of authorities, Completed on: 2008-09-22 Ontario Human Rights Commission
2008-09-22 Intervener's factum, Completed on: 2008-09-22 Ontario Human Rights Commission
2008-09-22 Notice of appearance, Charles Gibson, Albertos Polizogopoulos, Don Hutchinson and Faye Sonier and will be present at the hearing. Evangelical Fellowship of Canada and Christian Legal Fellowship
2008-09-22 Notice of appearance, Isabelle Harnois will be present at the hearing. Attorney General of Quebec
2008-09-19 Intervener's book of authorities, Completed on: 2008-09-19 Canadian Civil Liberties Association
2008-09-19 Intervener's factum, Completed on: 2008-09-19 Canadian Civil Liberties Association
2008-09-18 Notice of appearance, Mahmud Jamal, Colin Feasby and David Grossman will be present at the hearing. Canadian Civil Liberties Association
2008-09-16 Notice of appearance, Gregory Senda will be present at the hearing. Hutterian Brethren of Wilson Colony
2008-09-16 Notice of appearance, Leah Greathead and Tyna Mason will be present at the hearing. Attorney General of British Columbia
2008-09-16 Notice of appearance, Robert Charney and Michael Doi will be present at the hearing. Attorney General of Ontario
2008-08-22 Letter sent to Intervener(s)
2008-08-22 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2008-08-22 Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Ontario Human Rights Commission and the Evangelical Fellowship of Canada and Christian Legal Fellowship 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 by the Canadian Civil Liberties and the Ontario Human Rights Commission are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length.
The motion for leave to intervene by the Evangelical Fellowship of Canada and Christian Legal Fellowship is granted and the said intervener shall be entitled to serve and file a single joint factum not to exceed 10 pages in length. The submissions should be confined to the issues as stated in the constitutional questions.
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) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Granted
2008-08-22 Submission of motion for leave to intervene, Ro
2008-08-22 Notice of hearing sent to parties
2008-08-22 Appeal hearing scheduled, 2008-10-07, (previously Oct, 8/08)
Judgment reserved
2008-08-15 Correspondence received from, M-F. Major, dated Aug. 14/08; re: reserved seatings Hutterian Brethren of Wilson Colony
2008-07-28 Response to the motion for leave to intervene, e-mail from Gowlings dated July 28/08, Completed on: 2008-07-28 Her Majesty the Queen in Right of the Province of Alberta
2008-07-14 Motion for leave to intervene, (joint with an extention of time) (bookform), Completed on: 2008-07-14 Evangelical Fellowship of Canada and Christian Legal Fellowship
2008-07-08 Intervener's book of authorities, Completed on: 2008-07-08 Attorney General of Canada
2008-07-08 Intervener's factum - AG on constitutional question, Completed on: 2008-07-08 Attorney General of Canada
2008-07-08 Intervener's book of authorities, Completed on: 2008-07-08 Attorney General of British Columbia
2008-07-08 Intervener's factum - AG on constitutional question, Completed on: 2008-07-08 Attorney General of British Columbia
2008-07-07 Intervener's book of authorities, CD served on July 8/08, Completed on: 2008-08-15 Attorney General of Ontario
2008-07-07 Intervener's factum - AG on constitutional question, Completed on: 2008-07-07 Attorney General of Ontario
2008-07-07 Intervener's book of authorities, Completed on: 2008-07-07 Attorney General of Quebec
2008-07-07 Intervener's factum - AG on constitutional question, Completed on: 2008-07-07 Attorney General of Quebec
2008-06-02 Appeal perfected for hearing
2008-05-28 Respondent's book of authorities, Completed on: 2008-05-28 Hutterian Brethren of Wilson Colony
2008-05-28 Respondent's factum, Completed on: 2008-05-28 Hutterian Brethren of Wilson Colony
2008-05-15 Correspondence received from, Mr. Senda dated May 14/08 re: request not to video tape the appeal (cc. to all parties) Hutterian Brethren of Wilson Colony
2008-05-14 Response to the motion for leave to intervene, e-mail from Gowlings dated May 14/08 (by CCLA and OHRC), Completed on: 2008-05-14 Her Majesty the Queen in Right of the Province of Alberta
2008-05-12 Notice of withdrawal Attorney General of New Brunswick
2008-05-07 Motion for leave to intervene, Completed on: 2008-05-07 Ontario Human Rights Commission
2008-05-07 Motion for leave to intervene, (bookform), Completed on: 2008-05-07 Canadian Civil Liberties Association
2008-04-24 Respondent's record, (1 Vol) CD filed, Completed on: 2008-04-24 Hutterian Brethren of Wilson Colony
2008-04-09 Appellant's book of authorities, (CD filed - Form rec'd May 21/08), Completed on: 2008-04-16 Her Majesty the Queen in Right of the Province of Alberta
2008-04-09 Appellant's factum, (CD rec'd Apr. 9/08 - form rec'd May 21/08), Completed on: 2008-04-14 Her Majesty the Queen in Right of the Province of Alberta
2008-02-29 Appellant's record, (Vol. I to V - signed version of page 15, 32 and 55 rec'd Mar. 5/08), Completed on: 2008-02-29 Her Majesty the Queen in Right of the Province of Alberta
2008-02-19 Notice of intervention respecting a constitutional question Attorney General of Ontario
2008-02-19 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2008-02-19 Notice of intervention respecting a constitutional question Attorney General of Quebec
2008-02-19 Notice of intervention respecting a constitutional question Attorney General of Canada
2008-02-18 Notice of intervention respecting a constitutional question, (service rec'd Feb. 20/08) Attorney General of New Brunswick
2008-01-22 Notice of constitutional question(s), (served Jan. 22/08) Her Majesty the Queen in Right of the Province of Alberta
2008-01-16 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2008-01-16 Decision on the motion to state a constitutional question, CJ, 1. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 2(a) 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 s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 15(1) 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?
Granted
2008-01-10 Submission of motion to state a constitutional question, CJ
2008-01-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-01-03 Motion to state a constitutional question, Completed on: 2008-01-03 Her Majesty the Queen in Right of the Province of Alberta
2007-12-03 Notice of appeal, Completed on: 2007-12-03 Her Majesty the Queen in Right of the Province of Alberta
2007-11-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-11-30 Judgment on leave sent to the parties
2007-11-29 Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0601-0134-AC, 2007 ABCA 160, dated May 17, 2007, are granted.
Granted
2007-11-29 Decision on motion to extend time to file and /or serve the leave application
Granted
2007-10-15 All materials on application for leave submitted to the Judges, CJ F Ro
2007-10-15 Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro
2007-10-01 Applicant's reply to respondent's argument, Completed on: 2007-10-01 Her Majesty the Queen in Right of the Province of Alberta
2007-09-20 Respondent's response on the application for leave to appeal, Completed on: 2007-09-20 Hutterian Brethren of Wilson Colony
2007-09-04 Motion to extend the time to file and or serve the application for leave to appeal, to Aug. 24/07 with consent, Completed on: 2007-09-04 Her Majesty the Queen in Right of the Province of Alberta
2007-08-28 Letter acknowledging receipt of an incomplete application for leave to appeal
2007-08-24 Application for leave to appeal, Ext. of time requested (rec'd on Sept. 4, 2007) and service missing (Rec'd on August 28, 2007)(Covers were changed on August 27, 2007) Original Affidavits filed on August 28, 2007, Completed on: 2007-09-05 Hutterian Brethren of Wilson Colony