Docket

35034

Estate of the Late Zahra (Ziba) Kazemi, et al. v. Islamic Republic of Iran, et al.

(Quebec) (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)
2014-10-17 Appeal closed
2014-10-14 Formal judgment sent to the registrar of the court of appeal and all parties
2014-10-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-10-10 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-021440-110 and 500-09-021457-114, 2012 QCCA 1449, dated August 15, 2012, heard on March 18, 2014, is dismissed without costs. Abella J. is dissenting. The constitutional questions are answered as follows:
1) Is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44?
No.
2) If so, is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inoperable by reason of such inconsistency?
It is not necessary to answer this question.
3) Does s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, infringe s. 7 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.
Dismissed, without costs
2014-08-22 Correspondence received from, Daniel Sheppard, he will be counsel for the Intervener Canadian Lawyers for International Human Rights (CLAIHR), fax dated August 22, 2014, re.: Correspondence for (CLAIHR) shall be directed to:
Daniel Sheppard, he also represents Canadian Association of Refugee Lawyers (CARL). Jill Copeland has been appointed a judge of the Ontario Court of Justice.
Canadian Lawyers for International Human Rights
2014-03-31 Transcript received, 169 pages
2014-03-25 Correspondence received from, (Letter Form), Me Larocque re: change of address Amnistie internationale, Section Canada francophone
2014-03-18 Supplemental document, one page authorities filed in Court, Completed on: 2014-03-18 Canadian Centre for International Justice
2014-03-18 Judgment reserved OR rendered with reasons to follow
2014-03-18 Hearing of the appeal, 2014-03-18, CJ LeB Abe Ro Cro Mo Ka
Judgment reserved
2014-03-18 Amicus curiae's condensed book, (Book Form), Filed in Court Christopher D. Bredt
2014-03-18 Respondent's condensed book, (Book Form), Filed in Court Attorney General of Canada
2014-03-18 Intervener's condensed book, (Book Form), Filed in Court Iran Human Rights Documentation Center
2014-03-18 Intervener's condensed book, (Book Form), Filed in Court Canadian Lawyers for International Human Rights
2014-03-18 Intervener's condensed book, (Book Form), Filed in Court Canadian Civil Liberties Association
2014-03-18 Appellant's condensed book, (Book Form), Filed in Court Estate of the Late Zahra (Ziba) Kazemi
2014-03-12 Correspondence received from, Martha Healey by fax re: 2 reserved seats David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law
2014-03-10 Notice of appearance, Redress Trust Ltd will not be present Redress Trust Ltd.
2014-03-10 Notice of appearance, Michael Sobkin will be appearing British Columbia Civil Liberties Association
2014-03-10 Correspondence received from, Request for 2 reserved seats Iran Human Rights Documentation Center
2014-03-10 Notice of appearance, Babak Barin and Payam Akhavan will be appearing Iran Human Rights Documentation Center
2014-03-06 Notice of appearance, John Terry and Sarah Shody will be present at the hearing. Canadian Centre for International Justice
2014-03-06 Correspondence received from, 5 reserved seats requested Attorney General of Canada
2014-03-04 Correspondence received from, 2 reserved seats requested Christopher D. Bredt
2014-03-04 Notice of appearance, Christopher Bredt and Heather Pessione will be present at the hearing. Christopher D. Bredt
2014-02-27 Correspondence received from, Notice of change of law firm from McMillan to Gowings Canadian Centre for International Justice
2014-02-27 Notice of appearance, Bernard Letarte and René LeBlanc will be appearing Attorney General of Canada
2014-02-26 Correspondence received from, New request for 2 additional seats rec'd 2014-03-06 - Request 5 reserved seats. Estate of the Late Zahra (Ziba) Kazemi
2014-02-26 Notice of appearance, François Larocque and Alyssa Tomkins will be appearing Amnistie internationale, Section Canada francophone
2014-02-25 Correspondence received from, Joan Bell re: will not be appearing at the hearing Canadian Association of Refugee Lawyers
2014-02-25 Correspondence received from, Joan Bell re: request 6 reserved seats Canadian Centre for International Justice
2014-02-21 Notice of appearance, Jill Copeland and Emma Phillips will be present at the hearing. Ms. Copeland will present oral argument. Canadian Lawyers for International Human Rights
2014-02-11 Correspondence received from, Sarah Woods dated 2014-02-11. Re: Will be present at the hearing (Ms. Woods did not participate on the appeal and cannot be gowed and seated with counsel 2014-03-13) Islamic Republic of Iran
2014-02-04 Correspondence received from, Request for 4 reserved seats Amnistie internationale, Section Canada francophone
2014-01-31 Supplemental document, Book of Authorities for Supplemental Factum of the Amicus Curiae, Christopher D. Bredt., Completed on: 2014-01-31 Christopher D. Bredt
2014-01-31 Supplemental factum, (Book Form), Of AMICUS CURIAE, Christopher D. Bredt, Completed on: 2014-01-31 Christopher D. Bredt
2014-01-30 Respondent's book of authorities, (Book Form), In reply to the Interveners, Completed on: 2014-01-30 Attorney General of Canada
2014-01-30 Reply factum on appeal, (Book Form), to the Interveners, Completed on: 2014-01-30 Attorney General of Canada
2014-01-24 Notice of appearance, Christopher Wayland and Simon Chamberland will be present at the hearing. Canadian Civil Liberties Association
2014-01-13 Notice of appearance, Kurt Johnson, Mathieu Bouchard, Audrey Boctor and David Grossman will be appearing and Mr. Johnson and Bouchard will make oral submission Estate of the Late Zahra (Ziba) Kazemi
2013-12-16 Correspondence received from, Amicus, requesting permission to submit a reply to factums filed by certain interveners factums. Christopher D. Bredt
2013-12-13 Order by, Abe, FURTHER TO THE ORDER dated September 23, 2013, granting leave to intervene to the Canadian Lawyers for International Human Rights, Amnistie internationale, Section Canada francophone, the Redress Trust Ltd., the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Civil Liberties Association, the Canadian Centre for International Justice, the David Asper Centre for Constitutional Rights and International Human Rights Program of the University of Toronto Faculty of Law and the Iran Human Rights Documentation Center and deferring the request of the Attorney General of Canada for leave to file a reply factum of 5 pages to each intervener;
AND UPON APPLICATION by the intervener, the Canadian Bar Association, for an order extending the time to serve and file its amended factum and book of authorities to November 25, 2013;
IT IS HEREBY FURTHER ORDERED THAT:
1) The interveners Amnistie internationale, Section Canada francophone, the Canadian Centre for International Justice, the Canadian Civil Liberties Association, the Canadian Lawyers for International Human Rights, the Iran Human Rights Documentation Center and the David Asper Centre for Constitutional Rights, International Human Rights Program and University of Toronto Faculty of Law are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal;
2) The motion for an extension of time to serve and file the amended factum and book of authorities of the intervener, the Canadian Bar Association, to November 25, 2013, is granted;
3) The factums of the interveners, the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association and the Redress Trust Ltd. will be considered without the need for oral argument;
4) The respondent, the Attorney General of Canada, is permitted to serve and file a single factum of no more than 10 pages in reply to all interveners on or before January 31, 2014.
Allowed in part
2013-12-13 Order on motion to extend time, (by ABELLA J.)
2013-12-13 Decision on motion to extend time, Abe, see order of same date
Granted
2013-12-13 Submission of motion to extend time, to serve and file the amended intervener's factum and book of authorities, Abe
2013-12-10 Notice of appearance, John Norris and Carmen Cheung will be present at the hearing. David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law
2013-12-03 Notice of appearance, David Matas will be present at the hearing. (New notice rec'd 2014-03-14 Mr. Matas will not be present at the hearing Canadian Bar Association
2013-12-03 Response to motion to extend time, (Letter Form), to serve and file the amended factum and BOA of the intervener - from Bernard Letarte dated 2013-12-03, Completed on: 2013-12-03 Attorney General of Canada
2013-12-02 Motion to extend time, to file the intervener's documents to 2013-11-25, Completed on: 2013-12-03 Canadian Bar Association
2013-11-29 Order by, CJ, FURTHER TO THE ORDER dated July 19, 2013, appointing Mr. Christopher D. Bredt as amicus curiae to assist the Court;
IT IS HEREBY FURTHER ORDERED THAT the amicus curiae is permitted to serve and file a supplemental factum not exceeding 20 pages and a book of authorities on or before January 31, 2014 to address the issues raised by some interveners, namely the manner in which the lower courts interpreted subsection 6(a) of the State Immunity Act.
Granted
2013-11-28 Correspondence received from, amicus curiae Christopher D. Bredt
2013-11-26 Notice of hearing sent to parties
2013-11-25 Intervener's book of authorities, Motion for extension of time requested, rec'd 2013-12-02, Completed on: 2013-12-11 Canadian Bar Association
2013-11-19 Appeal hearing scheduled, 2014-03-18, (previously tentatively scheduled for December 4, 2013)
Judgment reserved
2013-11-18 Intervener's book of authorities, (5 volumes), Completed on: 2013-11-18 Canadian Civil Liberties Association
2013-11-18 Intervener's factum, Completed on: 2013-11-18 Canadian Civil Liberties Association
2013-11-18 Intervener's book of authorities, Completed on: 2013-11-18 Iran Human Rights Documentation Center
2013-11-18 Intervener's factum, Completed on: 2013-11-18 Iran Human Rights Documentation Center
2013-11-18 Intervener's book of authorities, Completed on: 2013-11-18 Canadian Association of Refugee Lawyers
2013-11-18 Intervener's factum, Completed on: 2013-11-18 Canadian Association of Refugee Lawyers
2013-11-18 Intervener's factum, Amended factum filed on November 25, 2013., Completed on: 2013-11-18 Canadian Bar Association
2013-11-18 Intervener's book of authorities, (Book Form), Completed on: 2013-11-18 Amnistie internationale, Section Canada francophone
2013-11-18 Intervener's factum, (Book Form), service missing (rec'd 2013-11-25), Completed on: 2013-11-25 Amnistie internationale, Section Canada francophone
2013-11-18 Intervener's book of authorities, (2 volumes), Completed on: 2013-11-18 Canadian Lawyers for International Human Rights
2013-11-18 Intervener's factum, Completed on: 2013-11-18 Canadian Lawyers for International Human Rights
2013-11-18 Intervener's book of authorities, Completed on: 2013-11-18 Canadian Centre for International Justice
2013-11-18 Intervener's factum, Completed on: 2013-11-18 Canadian Centre for International Justice
2013-11-18 Intervener's book of authorities, (Book Form), Completed on: 2013-11-18 British Columbia Civil Liberties Association
2013-11-18 Intervener's factum, (Book Form), Completed on: 2013-11-18 British Columbia Civil Liberties Association
2013-11-18 Intervener's book of authorities, (3 volumes), Completed on: 2013-11-18 Redress Trust Ltd.
2013-11-18 Intervener's factum, Completed on: 2013-11-18 Redress Trust Ltd.
2013-11-18 Intervener's book of authorities, Completed on: 2013-11-18 David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law
2013-11-18 Intervener's factum, Completed on: 2013-11-18 David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law
2013-11-14 Correspondence received from, Mr. James Woods by fax advising the Court that he does not represent Islamic Republic of Iran Islamic Republic of Iran
2013-11-12 Appeal perfected for hearing
2013-11-08 Amicus curiae's book of authorities, (Book Form), Electronic version rec'd, Completed on: 2013-11-08 Christopher D. Bredt
2013-11-08 Amicus curiae's factum, (Book Form), Electronic version rec'd, Completed on: 2013-11-08 Christopher D. Bredt
2013-10-18 Notice of change of counsel, (original rec'd 2013-11-01) Iran Human Rights Documentation Center
2013-10-04 Respondent's book of authorities, (3 volumes), Completed on: 2013-10-04 Attorney General of Canada
2013-10-04 Respondent's factum, (Book Form), TRANSLATED FACTUM: 24 French copies filed at the Court - 01-30-2014, Completed on: 2013-10-04 Attorney General of Canada
2013-09-23 Order on motion for leave to intervene, (by ABELLA J.)
2013-09-23 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Canadian Lawyers for International Human Rights, Amnistie internationale, Section Canada francophone, the Redress Trust Ltd., the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Civil Liberties Association, the Canadian Centre for International Justice, the David Asper Centre for Constitutional Rights, International Human Rights Program and University of Toronto Faculty of Law and the Iran Human Rights Documentation Center 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 of the Canadian Lawyers for International Human Rights, Amnistie internationale, Section Canada francophone, the Redress Trust Ltd., the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Civil Liberties Association, the Canadian Centre for International Justice, the David Asper Centre for Constitutional Rights, International Human Rights Program and University of Toronto Faculty of Law and the Iran Human Rights Documentation Center are granted and the said ten interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 18, 2013.
The request of the Attorney General of Canada for leave to file a 5-page factum in reply to each intervener is deferred until the factums of all interveners have been filed with the Court.
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 are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
Granted
2013-09-23 Submission of motion for leave to intervene, (motions filed by all other interveners), Abe
2013-09-23 Order on motion for leave to intervene, (by ABELLA J.)
2013-09-23 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by Houshang Bouzari, Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari 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 is dismissed.
Dismissed
2013-09-23 Submission of motion for leave to intervene, (filed by Houshang Bouzri, Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari), Abe
2013-09-17 Correspondence received from, Christopher Bredt rec'd by email re: no one opposing the appointment as Amicus (sent to the Court on 2013-10-15) Christopher D. Bredt
2013-08-27 Reply to the motion for leave to intervene, e-mail by Jeffrey W. Beedell dated Aug. 27/13 (CCIJ will not be filing a reply), Completed on: 2013-08-27 Canadian Centre for International Justice
2013-08-23 Response to the motion for leave to intervene, e-mail from Crystal Winter dated Aug. 23/13, Completed on: 2013-08-23 Christopher D. Bredt
2013-08-22 Response to the motion for leave to intervene, (Letter Form), from Mathieu Bouchard on Aug. 22/13 (to all interveners), Completed on: 2013-08-22 Estate of the Late Zahra (Ziba) Kazemi
2013-08-22 Response to the motion for leave to intervene, (Letter Form), from René LeBlanc dated Aug. 22/13 by IHRDC, Completed on: 2013-08-22 Attorney General of Canada
2013-08-19 Response to the motion for leave to intervene, (Letter Form), from René LeBlanc dated Aug. 19/13 by all interveners but IHRDC, Completed on: 2013-08-19 Attorney General of Canada
2013-08-16 Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 Iran Human Rights Documentation Center
2013-08-16 Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 Canadian Civil Liberties Association
2013-08-16 Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law
2013-08-16 Motion for leave to intervene, (Book Form), Completed on: 2013-08-22 Canadian Centre for International Justice
2013-08-15 Motion for leave to intervene, (Book Form), Completed on: 2013-08-22 Canadian Bar Association
2013-08-15 Motion for leave to intervene, (Book Form), Completed on: 2013-08-22 British Columbia Civil Liberties Association
2013-08-15 Motion for leave to intervene, (Book Form), Completed on: 2013-08-15 Canadian Association of Refugee Lawyers
2013-08-15 Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 Redress Trust Ltd.
2013-08-15 Order on motion to extend time
2013-08-15 Decision on motion to extend time, to serve and file the factum and the book of authorities of the respondent A.G. of Canada to Oct. 4, 2013, DeRg
Granted
2013-08-15 Submission of motion to extend time, DeRg
2013-08-14 Intervener's book of authorities, (Book Form), (on motion for leave to intervene) - 2 volumes, Completed on: 2013-08-14 Amnistie internationale, Section Canada francophone
2013-08-14 Motion for leave to intervene, (Book Form), Completed on: 2013-08-14 Amnistie internationale, Section Canada francophone
2013-08-12 Motion for leave to intervene, (Book Form), Completed on: 2013-08-12 Canadian Lawyers for International Human Rights
2013-08-12 Motion for leave to intervene, (Book Form), Completed on: 2013-08-12 Houshang Bouzari, Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari
2013-08-12 Response to motion to extend time, email from Mathieu Bouchard dated July 2/13, Completed on: 2013-08-12 Estate of the Late Zahra (Ziba) Kazemi
2013-08-12 Motion to extend time, to serve and file the factum and the book of authorities of the respondent A.G. of Canada to Oct. 4/13, Completed on: 2013-08-12 Attorney General of Canada
2013-07-23 Correspondence (sent by the Court) to, Christopher D. Bredt dated July 23/13 re his appointment as amicus curiae
2013-07-19 Order by, CJ, IT IS HEREBY ORDERED THAT:
Given that the respondent, the Attorney General of Canada, has advised the Court that they do not intend to address all issues which may be raised by the appellants in this appeal, Mr. Christopher D. Bredt is accordingly appointed as amicus curiae to assist the Court by filing a factum of no more than 40 pages and a book of authorities on or before November 8, 2013. Mr Bredt is permitted to be assisted by a junior counsel.
The reasonable fees and disbursements of Mr. Bredt, and any junior counsel, shall be paid by the Attorney General of Canada
Granted
2013-07-19 Appellant's book of authorities, (8 volumes), Completed on: 2013-07-19 Estate of the Late Zahra (Ziba) Kazemi
2013-07-19 Appellant's record, Completed on: 2013-07-19 Estate of the Late Zahra (Ziba) Kazemi
2013-07-19 Appellant's factum, Completed on: 2013-07-19 Estate of the Late Zahra (Ziba) Kazemi
2013-07-18 Correspondence received from, Bernard Letarte dated July 18/13 re needs an extension of 3 weeks to file its factum Attorney General of Canada
2013-07-03 Correspondence received from, Christopher Rupar by hand, re: amicus curiae, dated July 3/13 Attorney General of Canada
2013-06-12 Correspondence (sent by the Court) to, Christopher Rupar, re: amicus curiae
2013-05-17 Correspondence received from, Sarah Woods by fax, re: did not receive any instructions from their client in this matter Islamic Republic of Iran
2013-05-15 Correspondence received from, Mathieu Bouchard by fax, re: request to traverse the hearing to the Winter 2014 session Estate of the Late Zahra (Ziba) Kazemi
2013-05-07 Correspondence received from, Bernard Letarte by fax, re: submissions Attorney General of Canada
2013-04-29 Notice of constitutional question(s), Served on April 29, 2013 Estate of the Late Zahra (Ziba) Kazemi
2013-04-26 Order on motion to state a constitutional question, (by CHIEF JUSTICE)
2013-04-26 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1. Is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44?
2. If so, is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inoperable by reason of such inconsistency?
3. Does s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, infringe s. 7 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
2013-04-26 Submission of motion to state a constitutional question, CJ
2013-04-10 Response to the motion to state a constitutional question, (Letter Form), from Bernard Letarte dated Apr. 10/13, Completed on: 2013-04-10 Attorney General of Canada
2013-04-05 Motion to state a constitutional question, Completed on: 2013-04-05 Estate of the Late Zahra (Ziba) Kazemi
2013-04-05 Notice of appeal, Completed on: 2013-04-05 Estate of the Late Zahra (Ziba) Kazemi
2013-03-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-03-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-03-08 Judgment on leave sent to the parties
2013-03-07 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 Quebec (Montréal), Numbers 500-09-021440-110 and 500-09-021457-114, 2012 QCCA 1449, dated August 15, 2012, is granted with costs in the cause.
Granted, with costs in the cause
2013-01-28 All materials on application for leave submitted to the Judges, CJ Abe Cro
2012-11-26 Applicant's reply to respondent's argument, (2 volumes), Completed on: 2012-11-26 Estate of the Late Zahra (Ziba) Kazemi
2012-11-16 Correspondence received from, Mathieu Bouchard dated November 16, 2012. Re: Consents to the letter of the AG of Canada filed on November 14 Estate of the Late Zahra (Ziba) Kazemi
2012-11-14 Respondent's response on the application for leave to appeal, Completed on: 2012-11-14 Attorney General of Canada
2012-11-14 Correspondence received from, Bernard Letarte dated November 14, 2012. Re: Party should be a respondent and not an intervener Attorney General of Canada
2012-10-16 Letter acknowledging receipt of a complete application for leave to appeal
2012-10-15 Application for leave to appeal, (3 volumes), Completed on: 2012-10-15 Estate of the Late Zahra (Ziba) Kazemi