Docket
32968
Attorney General of Ontario v. Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada, et al.
(Ontario) (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) |
|---|---|---|
| 2011-05-06 | Appeal closed | |
| 2011-05-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-05-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-04-29 | Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C44886, 2008 ONCA 760, dated November 17, 2008, heard on December 17, 2009, is allowed and the action is dismissed without costs on this appeal or in the courts below. Abella J. is dissenting. The constitutional questions are answered as follows: 1. Does the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? No. 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? It is not necessary to answer this question. 3. Does s. 3(b.1) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? No. 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? It is not necessary to answer this question. 5. Does the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 15 of the Canadian Charter of Rights and Freedoms? No. 6. 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? It is not necessary to answer this question. 7. Does s. 3(b.1) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, infringe s. 15 of the Canadian Charter of Rights and Freedoms? No. 8. 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? It is not necessary to answer this question. Allowed, with costs |
|
| 2010-11-29 | Correspondence received from, Peter Gall, Q.C. re: in response to Mr. Cavalluzzo request (sent to the judges Dec. 7/10) | Coalition of BC Businesses and British Columbia Agriculture Council |
| 2010-11-26 | Correspondence received from, Stephen Penney re: in response to Mr. Cavalluzzo request (sent to the judges Dec. 7/10) | Canadian Employers Council |
| 2010-11-26 | Correspondence received from, Jeffrey W. Beedell re: in response to correspondence from the respondent of Nov. 24/10 (sent to the judges Dec. 7/10) | Canadian Employers Council |
| 2010-11-26 | Correspondence received from, John Craig dated Nov. 25/10 and rec'd by fax re: response to Mr. Cavalluzzo's letter of Nov. 18/10 (sent to the judges Dec. 7/10) | Ontario Federation of Agriculture |
| 2010-11-24 | Correspondence received from, Mr. Basu dated Nov. 23/10 and rec'd by e-mail Nov. 24/10 re: consent to the submission of Mr. Cavalluzzo's letter of Nov. 18/10 (sent to the judges Dec. 7/10) | Attorney General of Ontario |
| 2010-11-18 | Correspondence received from, Paul Cavalluzzo by fax re: Decision from the Committee on Freedom of Association of the International Labour Organization (c.c. to all parties) (sent to the judges Dec. 7/10) | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2010-01-13 | Transcript received, (145 pages) | |
| 2009-12-17 | Judgment reserved OR rendered with reasons to follow | |
| 2009-12-17 | Hearing of the appeal, 2009-12-17, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-12-17 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2009-12-17 | Appellant's condensed book, Filed in Court | Attorney General of Ontario |
| 2009-12-17 | Respondent's condensed book, Filed in Court | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Attorney General of Canada |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Canadian Labour Congress |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Attorney General of Quebec |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Federally Regulated Employers Transportation and Communications |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Conseil du patronat du Québec Inc. |
| 2009-12-17 | Intervener's condensed book, Filed in Court | Canadian Employers Council |
| 2009-12-15 | Correspondence received from, A.M. Turley by fax, re.: request for 6 reserved seats at the hearing | Attorney General of Canada |
| 2009-12-14 | Supplemental document, Completed on: 2009-12-14 | Attorney General of Alberta |
| 2009-12-14 | Correspondence received from, Mr. Cavalluzzo re: objection to the supplemental authorities | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-12-11 | Supplemental document, Supplementary book of authorities - CD rec'd Dec. 15/09, Completed on: 2009-12-15 | Attorney General of Ontario |
| 2009-12-11 | Notice of appearance, Brad Elberg and Kelly Henriques will be appearing and Brad Elberg will make oral submissions. | Mounted Police Members' Legal Fund |
| 2009-12-09 | Correspondence received from, Sack Goldblatt Mitchell re: request for more time (c.c. to all parties) | Canadian Labour Congress |
| 2009-12-08 | Correspondence received from, S.J. Gallagher by fax, re.: request of 7 reserved seat at the hearing (approved by the Registrar) | Ontario Federation of Agriculture |
| 2009-12-04 | Correspondence received from, S. A. Pieters by e-mail, re.: request for reserved seats at the hearing (7 seats approved by the Registrar) | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-12-03 | Correspondence received from, T. E.F. Brady by fax, re.: request of 1 reserved seat at the hearing | Federally Regulated Employers Transportation and Communications |
| 2009-12-03 | Notice of appearance, Joshua S. Phillips and Antony Singleton will be appearing, Mr. Phillips will be making oral arguments. | Canadian Civil Liberties Association |
| 2009-12-02 | Notice of appearance, Steven Barrett and Ethan Poskanzer will be appearing, Mr. Barrett will be making oral arguments | Canadian Labour Congress |
| 2009-12-02 | Notice of appearance, Jodi Gallagher and John Craig will be appearing | Ontario Federation of Agriculture |
| 2009-12-02 | Notice of appearance, Augustus G. Lilly, Q.C. and Stephen F. Penney will be appearing | Canadian Employers Council |
| 2009-12-02 | Notice of appearance, Selwyn A. Pieters and Adrian A. Smith will be appearing, Mr. Pieters will be making oral arguments. | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-12-01 | Notice of appearance, Paul J.J. Cavalluzzo and Fay C. Faraday will be appearing | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-12-01 | Correspondence received from, Kelly Henriques by fax, re.: request for 7 reserved seats at the hearing (approved by the Registrar) | Mounted Police Members' Legal Fund |
| 2009-11-30 | Correspondence received from, New books of authorities rec'd to replace the copy previously served, which contained printing issues on numerous pages throughout. The CD ROM was not affected. | Canadian Police Association |
| 2009-11-27 | Notice of appearance, Roy L. Heenan and Thomas Brady, Esq. will be appearing | Federally Regulated Employers Transportation and Communications |
| 2009-11-27 | Notice of appearance, Robert Dupont, Pascale Gauthier and Jean H. Lafleur will be appearing | Conseil du patronat du Québec Inc. |
| 2009-11-27 | Notice of appearance, David Stratas and Kelly Henriques will be appearing | Mounted Police Members' Legal Fund |
| 2009-11-27 | Notice of appearance, Peter A. Gall, Q.C., Donald R. Munroe, Q.C., and Andrea L. Zwack will be appearing | Coalition of BC Businesses and British Columbia Agriculture Council |
| 2009-11-26 | Notice of appearance, Anne Turley will be appearing | Attorney General of Canada |
| 2009-11-26 | Order by, Ro, FURTHER TO THE ORDERS dated November 2 and 17, 2009, granting leave to intervene to the Canadian Civil Liberties Association, the Federally Regulated Employers Transportation and Communications, the Conseil du patronat du Québec Inc., the Mounted Police Members' Legal Fund, the Canadian Employers Council, the Coalition of BC Business and British Columbia Agriculture Council, Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario, the Canadian Labour Congress and the Canadian Police Association; 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. AND IT IS HEREBY FURTHER ORDERED THAT the intervener, the Ontario Federation of Agriculture, pursuant to Rule 22(3)(c)(i) is granted permission to present oral argument not exceeding twenty (20) minutes at the hearing of the appeal. Granted |
|
| 2009-11-26 | Notice of withdrawal | Attorney General of Nova Scotia |
| 2009-11-25 | Notice of appearance, Neena Sharma will be present at the hearing. | Attorney General of British Columbia |
| 2009-11-25 | Notice of appearance, Gaétan Migneault and Michelle Brun-Coughlan will be appearing | Attorney General of British Columbia |
| 2009-11-25 | Notice of appearance, Roderick S. Wiltshire will be appearing | Attorney General of Alberta |
| 2009-11-25 | Notice of appearance, Ian Roland and Michael Fenrick will be appearing | Canadian Police Association |
| 2009-11-24 | Correspondence received from, Robin K. Basu by fax, re.: request for 4 reserved seats at the hearing | Attorney General of Ontario |
| 2009-11-24 | Notice of appearance, Augustus G. Lilly, Q.C. and Stephen F. Penney will be appearing | Canadian Employers Council |
| 2009-11-24 | Notice of appearance, Robin K. Basu and Shannon M. Chace will be appearing | Attorney General of Ontario |
| 2009-11-23 | Intervener's book of authorities, New books of Authorities rec'd and sent to all parties Nov. 30/09 - sent to the Court Dec. 1/09, Completed on: 2009-12-02 | Canadian Police Association |
| 2009-11-23 | Intervener's factum, Completed on: 2009-11-23 | Canadian Police Association |
| 2009-11-23 | Intervener's factum - AG on constitutional question, Completed on: 2009-11-23 | Attorney General of Alberta |
| 2009-11-23 | Intervener's book of authorities, Completed on: 2009-11-23 | Attorney General of British Columbia |
| 2009-11-23 | Intervener's factum - AG on constitutional question, Completed on: 2009-11-23 | Attorney General of British Columbia |
| 2009-11-23 | Intervener's book of authorities, CD rec'd Nov. 26/09 and affidavit of service of Burke-Robertson, Nelligan O'Brien Payne and Lang MIchener rec'd Nov. 24/09, Completed on: 2009-11-27 | Coalition of BC Businesses and British Columbia Agriculture Council |
| 2009-11-23 | Intervener's factum, CD rec'd Nov. 26/09 and affidavit of service of Burke-Robertson, Nelligan O'Brien Payne and Lang Michener rec'd Nov. 24/09, Completed on: 2009-11-27 | Coalition of BC Businesses and British Columbia Agriculture Council |
| 2009-11-23 | Intervener's book of authorities, (2 volumes), Completed on: 2009-11-23 | Canadian Labour Congress |
| 2009-11-23 | Intervener's factum, Completed on: 2009-11-23 | Canadian Labour Congress |
| 2009-11-23 | Intervener's book of authorities, CD rec'd Dec. 1/09 and affidavit of service of Burke-Robertson, Nelligan O'Brien Payne and Lang Michener rec'd Nov. 24/09, Completed on: 2009-11-27 | Mounted Police Members' Legal Fund |
| 2009-11-23 | Intervener's factum, CD rec'd Dec. 1/09 and affidavit of service of Burke-Robertson, Nelligan O'Brien Payne and Lang Michener rec'd Nov. 24/09, Completed on: 2009-11-27 | Mounted Police Members' Legal Fund |
| 2009-11-23 | Intervener's book of authorities, CD rec'd Nov. 24/09 - service of Noel & Ass. rec'd Nov. 26/09, Completed on: 2009-11-27 | Canadian Employers Council |
| 2009-11-23 | Intervener's factum, CD rec'd Nov. 24/09 - service of Noel & Ass. rec'd Nov. 26/09, Completed on: 2009-11-27 | Canadian Employers Council |
| 2009-11-23 | Intervener's book of authorities, Completed on: 2009-11-23 | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-11-23 | Intervener's factum, Completed on: 2009-11-23 | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-11-23 | Intervener's book of authorities, (2 volumes), Completed on: 2009-11-23 | Federally Regulated Employers Transportation and Communications |
| 2009-11-23 | Intervener's factum, Completed on: 2009-11-23 | Federally Regulated Employers Transportation and Communications |
| 2009-11-23 | Intervener's book of authorities, Completed on: 2009-11-23 | Conseil du patronat du Québec Inc. |
| 2009-11-23 | Intervener's factum, Completed on: 2009-11-23 | Conseil du patronat du Québec Inc. |
| 2009-11-23 | Intervener's book of authorities, (2 volumes), Completed on: 2009-11-23 | Attorney General of Canada |
| 2009-11-23 | Intervener's factum - AG on constitutional question, Completed on: 2009-11-23 | Attorney General of Canada |
| 2009-11-20 | Intervener's book of authorities, Completed on: 2009-11-20 | Attorney General of Quebec |
| 2009-11-20 | Intervener's factum - AG on constitutional question, Completed on: 2009-11-20 | Attorney General of Quebec |
| 2009-11-20 | Intervener's book of authorities, Completed on: 2009-11-23 | Canadian Civil Liberties Association |
| 2009-11-20 | Intervener's factum, Completed on: 2009-11-20 | Canadian Civil Liberties Association |
| 2009-11-18 | Intervener's book of authorities, Completed on: 2009-11-18 | Attorney General of New Brunswick |
| 2009-11-18 | Intervener's factum - AG on constitutional question, Completed on: 2009-11-18 | Attorney General of New Brunswick |
| 2009-11-17 | Notice of withdrawal, of the intervener, Attorney General of Newfoundland and Labrador | Attorney General of Newfoundland and Labrador |
| 2009-11-17 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2009-11-17 | Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Civil Liberties Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 23, 2009. To the extent that the interests are similar, the intervener shall consult with the other interveners to avoid repetition. 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 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 intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention. Granted |
|
| 2009-11-17 | Submission of motion for leave to intervene, Ro | |
| 2009-11-16 | Correspondence (sent by the Court) to, Michael Fenrick, Re: consent to appear | |
| 2009-11-16 | Response to the motion for leave to intervene, (Letter Form), from John D.R. Craig dated Nov. 13/09, Completed on: 2009-11-16 | Ontario Federation of Agriculture |
| 2009-11-12 | Notice of withdrawal, of the intervener, Attorney General of Saskatchewan | Attorney General for Saskatchewan |
| 2009-11-12 | Response to the motion for leave to intervene, (Letter Form), from Fay Faraday dated Nov. 12/09, Completed on: 2009-11-12 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-11-10 | Notice of appearance, Michel Déom will be appearing | Attorney General of Quebec |
| 2009-11-10 | Motion for leave to intervene, (bookform) (joint with an extension of time), Completed on: 2009-11-10 | Canadian Civil Liberties Association |
| 2009-11-02 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2009-11-02 | Decision on the motion for leave to intervene, Ro, The motions for leave to intervene by the Federally Regulated Employers Transportation and Communications, the Conseil du patronat du Québec Inc., the Mounted Police Members' Legal Fund, the Canadian Employers Council, the Coalition of BC Business and British Columbia Agriculture Council, Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario, the Canadian Labour Congress and the Canadian Police Association are granted and the said eight groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 23, 2009. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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 |
|
| 2009-11-02 | Order on motion to file a lengthy factum | |
| 2009-11-02 | Decision on motion to file a lengthy factum, of the respondent (59 pages), Ro Granted |
|
| 2009-10-29 | Submission of motion for leave to intervene, Ro | |
| 2009-10-29 | Submission of motion to file a lengthy factum, Ro | |
| 2009-10-28 | Appellant's book of authorities, Reply (Charter s. 15(1)), Completed on: 2009-10-28 | Attorney General of Ontario |
| 2009-10-28 | Reply factum on appeal, Reply (Charter s. 15(1)), Completed on: 2009-10-28 | Attorney General of Ontario |
| 2009-10-14 | Response to the motion to file a lengthy factum, (included in motion book), Completed on: 2009-10-14 | Attorney General of Ontario |
| 2009-10-14 | Motion to file a lengthy factum, of 59 pages (bookform), Completed on: 2009-10-14 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-10-14 | Respondent's book of authorities, (3 volumes), Completed on: 2009-10-14 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-10-14 | Respondent's record, Completed on: 2009-10-14 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-10-14 | Respondent's factum, Completed on: 2009-10-14 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-10-14 | Appeal perfected for hearing | |
| 2009-10-06 | Reply to the motion for leave to intervene, Completed on: 2009-10-06 | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-10-05 | Correspondence received from, D. Stratas by fax, re.: correction of error in Reply | Mounted Police Members' Legal Fund |
| 2009-10-02 | Reply to the motion for leave to intervene, (Bookform), Completed on: 2009-10-02 | Canadian Employers Council |
| 2009-10-02 | Reply to the motion for leave to intervene, by the Appellants, Completed on: 2009-10-02 | Coalition of BC Businesses and British Columbia Agriculture Council |
| 2009-10-02 | Reply to the motion for leave to intervene, Completed on: 2009-10-02 | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-10-01 | Reply to the motion for leave to intervene, by the Respondents, Completed on: 2009-10-01 | Federally Regulated Employers Transportation and Communications |
| 2009-09-30 | Reply to the motion for leave to intervene, by the Respondents, Completed on: 2009-09-30 | Mounted Police Members' Legal Fund |
| 2009-09-30 | Reply to the motion for leave to intervene, by the Respondents, Completed on: 2009-09-30 | Conseil du patronat du Québec Inc. |
| 2009-09-28 | Response to the motion for leave to intervene, (bookform) (by all interveners except MPMLF), Completed on: 2009-09-28 | Ontario Federation of Agriculture |
| 2009-09-28 | Response to the motion for leave to intervene, (Letter Form), from Robin K. Basu dated Sept. 28/09 (by all interveners), Completed on: 2009-09-28 | Attorney General of Ontario |
| 2009-09-25 | Response to the motion for leave to intervene, (Letter Form), from John D.R. Craig dated Sept. 25/09 (by MPMLF), Completed on: 2009-09-25 | Ontario Federation of Agriculture |
| 2009-09-25 | Response to the motion for leave to intervene, (bookform) (by all interveners), Completed on: 2009-09-25 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-09-16 | Intervener's book of authorities, (CD-Rom missing - rec'd Sept. 22/09), Completed on: 2009-09-22 | Ontario Federation of Agriculture |
| 2009-09-16 | Intervener's factum, (CD-Rom missing - rec'd Sept. 22/09), Completed on: 2009-09-22 | Ontario Federation of Agriculture |
| 2009-09-16 | Intervener's book of authorities, on motion for leave to intervene, Completed on: 2009-09-16 | Canadian Police Association |
| 2009-09-16 | Motion for leave to intervene, Completed on: 2009-09-16 | Canadian Police Association |
| 2009-09-16 | Motion for leave to intervene, Completed on: 2009-09-16 | Canadian Labour Congress |
| 2009-09-16 | Motion for leave to intervene, 3 volumes, Completed on: 2009-09-16 | Justicia for Migrant Workers and Industrial Accident Victims Group of Ontario |
| 2009-09-16 | Motion for leave to intervene, Completed on: 2009-09-16 | Coalition of BC Businesses and British Columbia Agriculture Council |
| 2009-09-16 | Intervener's book of authorities, on motion for leave to intervene, Completed on: 2009-09-16 | Canadian Employers Council |
| 2009-09-16 | Motion for leave to intervene, (bookform), Completed on: 2009-09-16 | Canadian Employers Council |
| 2009-09-16 | Motion for leave to intervene, (bookform) Service missing - rec'd Sept.17-09, Completed on: 2009-09-17 | Conseil du patronat du Québec Inc. |
| 2009-09-16 | Motion for leave to intervene, (bookform) Service missing - rec'd Set.17-09, Completed on: 2009-09-17 | Federally Regulated Employers Transportation and Communications |
| 2009-09-15 | Motion for leave to intervene, (bookform), Completed on: 2009-09-15 | Mounted Police Members' Legal Fund |
| 2009-09-04 | Correspondence (sent by the Court) to, all parties; re: lengthy facta and replies | |
| 2009-09-03 | Order on motion to file a reply factum on appeal | |
| 2009-09-03 | Decision on the motion to file a reply factum on appeal, limited to the issue of s. 15(1) of the Charter not exceeding 10 pages and to file a lengthy factum of 48 pages, Ro Granted |
|
| 2009-08-31 | Submission of motion to file a reply factum on appeal, Ro | |
| 2009-08-25 | Correspondence received from, A. M. Turley dated Aug. 25/09 re: assumes carriage of this matter (by fax) | Attorney General of Canada |
| 2009-08-21 | Response to motion to file a reply factum on appeal, (included in motion book), Completed on: 2009-08-21 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-08-21 | Motion to file a reply factum on appeal, (joint with motion for a lengthy factum) (bookform), Completed on: 2009-08-21 | Attorney General of Ontario |
| 2009-08-21 | Response to the motion to file a lengthy factum, (included in motion book), Completed on: 2009-08-21 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-08-21 | Motion to file a lengthy factum, of 48 pages (joint with motion to file a reply factum of 10 pages) (bookform), Completed on: 2009-08-21 | Attorney General of Ontario |
| 2009-08-19 | Appellant's book of authorities, Vol. 1 to 6, CD rec'd Aug. 24/09, Completed on: 2009-08-26 | Attorney General of Ontario |
| 2009-08-19 | Appellant's record, Vol. 1 to 40, CD rec'd Aug. 24/09, Completed on: 2009-08-26 | Attorney General of Ontario |
| 2009-08-19 | Appellant's factum, (Motion for lenghty factum rec'd Aug. 21/09) and CD rec'd Aug. 24/09 - electronic forms rec'd Aug. 31/09, Completed on: 2009-08-26 | Attorney General of Ontario |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-08-11 | Appeal hearing scheduled, 2009-12-17, (Starting time 9:00 a.m.) Judgment reserved |
|
| 2009-06-25 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2009-06-25 | Notice of intervention respecting a constitutional question | Attorney General of Newfoundland and Labrador |
| 2009-06-25 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2009-06-25 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2009-06-24 | Notice of intervention respecting a constitutional question, amended notice requested re: style of cause and missing service on respondents - rec'd June 25/09 | Attorney General of New Brunswick |
| 2009-06-24 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2009-06-22 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2009-06-17 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2009-05-28 | Notice of constitutional question(s), (served May 28/09) | Attorney General of Ontario |
| 2009-05-27 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2009-05-27 | Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOWS: 1. Does the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 2(d) 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. 3(b.1) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, infringe s. 2(d) 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? 5. Does the Agricultural Employees Protection Act, 2002, S.O. 2002, c. 16, infringe s. 15 of the Canadian Charter of Rights and Freedoms? 6. 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? 7. Does s. 3(b.1) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, infringe s. 15 of the Canadian Charter of Rights and Freedoms? 8. 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? IT IS FURTHER ORDERED THAT: Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before November 23, 2009. Granted |
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| 2009-05-22 | Submission of motion to state a constitutional question, CJ | |
| 2009-05-19 | Reply to the motion to state a constitutional question, (bookform), Completed on: 2009-05-19 | Attorney General of Ontario |
| 2009-05-12 | Response to the motion to state a constitutional question, Completed on: 2009-05-12 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-05-04 | Notice of appeal, Completed on: 2009-05-04 | Attorney General of Ontario |
| 2009-05-04 | Motion to state a constitutional question, Completed on: 2009-05-04 | Attorney General of Ontario |
| 2009-04-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-04-03 | Judgment on leave sent to the parties | |
| 2009-04-02 | 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 for Ontario, Number C44886, 2008 ONCA 760, dated November 17, 2008, is granted without costs. Granted, without costs |
|
| 2009-03-20 | Decision on the miscellaneous motion, that the respondents file a reply to the intervener's submission, Reg Granted |
|
| 2009-03-17 | Submission of miscellaneous motion, Reg | |
| 2009-03-16 | Response to miscellaneous motion, Completed on: 2009-03-16 | Ontario Federation of Agriculture |
| 2009-03-16 | Response to miscellaneous motion, Completed on: 2009-03-16 | Attorney General of Ontario |
| 2009-03-11 | Notice of miscellaneous motion, to reply to intervener's submissions (6 copies), Completed on: 2009-03-11 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-03-02 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-02-26 | Supplemental document, Reply of the Respondents to the Response of the Intervener - Motion to file requested | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-02-13 | Book of authorities | Ontario Federation of Agriculture |
| 2009-02-13 | Intervener's memorandum of argument on application for leave, Completed on: 2009-02-13 | Ontario Federation of Agriculture |
| 2009-02-13 | Book of authorities | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-02-13 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2009-02-13 | Michael J. Fraser on his own behalf and on behalf of the United Food and Commercial Workers Union Canada |
| 2009-01-21 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-01-16 | Correspondence received from, John Craig dated Jan. 16, 2009 (by e-mail). Re: Agrees with applicant's e-mail | Ontario Federation of Agriculture |
| 2009-01-16 | Correspondence received from, Robin Basu dated Jan. 16, 2009 (by e-mail). Re: Intervener status for OFA | Attorney General of Ontario |
| 2009-01-16 | Book of authorities | Attorney General of Ontario |
| 2009-01-16 | Application for leave to appeal, Amended covers changed on Jan. 19, 2009 (2 volumes), Completed on: 2009-01-16 | Attorney General of Ontario |
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