Docket
35399
Attorney General of Canada v. Federation of Law Societies of Canada
(British Columbia) (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) |
|---|---|---|
| 2015-05-14 | Appeal closed | |
| 2015-05-14 | Order on motion to vary pronouncement / order, (by JUSTICE CROMWELL) | |
| 2015-05-14 | Decision on motion to vary pronouncement / order, Cro, UPON APPLICATION by the respondent for an order to amend the judgment rendered by this Court on February 13, 2015, in the above mentioned appeal; AND UPON THE CONSENT of the appellant; IT IS HEREBY ORDERED THAT: The motion is dismissed. An amendment to the constitutional questions that were stated is not appropriate after the hearing of the appeal. Stated constitutional questions are intended to provide notice only and an order stating constitutional questions does not oblige the Court to answer the questions in the form stated or at all. It is unnecessary to amend the reasons for judgment. Section 33.5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, was in issue as a result of the application judge’s amended order and its constitutionality was properly before the Court. Section 33.5 was the subject of submissions by the parties. The judgment of the Court and the reasons affirm the application judge’s decision to sever and strike down s. 33.5. It is the judgment of the Court and the reasons for judgment that determine the scope of the issues decided by the Court. Dismissed |
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| 2015-05-14 | Submission of motion to vary pronouncement / order, Cro | |
| 2015-04-20 | Response to motion to vary pronouncement / order, (Letter Form), Completed on: 2015-04-20 | Attorney General of Canada |
| 2015-04-16 | Motion to vary pronouncement / order, (Book Form), (Sent to a judge on April 29, 2015), Completed on: 2015-04-16, (Electronic version filed on 2015-04-13) | Federation of Law Societies of Canada |
| 2015-02-24 | Correspondence received from, counsel for the respondent requesting an amendment to the judgment on appeal. | Federation of Law Societies of Canada |
| 2015-02-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-02-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-02-13 | Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039434, 2013 BCCA 147, dated April 4, 2013, heard on May 13, 2014, is allowed in part with costs of the appeal and the proceedings below to the Federation of Law Societies of Canada. That part of the application judge’s order declaring that ss. 5(i) and 5(j) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, are inconsistent with the Constitution of Canada and are of no force and effect to the extent that the reference in those subsections to “persons and entities” includes legal counsel and law firms is set aside. The words ss. 5(i) and (j) are struck from that part of the application judge’s order declaring that ss. 5(i), (j), 62, 63, 63.1 of the Act are read down to exclude legal counsel and law firms from the operation of those sections. The appeal is otherwise dismissed. The constitutional questions are answered as follows: 1. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: With respect to ss. 62, 63, 63.1 and 64 of the Act, it is not necessary to answer this question given the answer to question 5. With respect to ss. 5(i) and 5(j) of the Act, the answer is 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? Answer: It is not necessary to answer this question. 3. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: With respect to s. 11.1 of the Regulations, to the extent that it applies to legal counsel and legal firms, the answer is yes. With respect to ss. 33.3, 33.4 and 59.4 of the Regulations, the answer is yes. 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: No. 5. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 8 of the Canadian Charter of Rights and Freedoms? Answer: To the extent that ss. 62, 63 and 63.1 of the Act apply to documents in the possession of legal counsel and legal firms, the answer is yes. With respect to s. 64, the answer is yes. With respect to ss. 5(i) and 5(j) the answer is 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? Answer: No. 7. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms? Answer: 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? Answer: It is not necessary to answer this question. Allowed in part, with costs |
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| 2015-02-11 | Correspondence received from, (Letter Form), will not participate | Criminal Lawyers' Association (Ontario) |
| 2015-02-11 | Correspondence received from, (Letter Form), Tamra L. Thomson and Fred Headon will participate | Canadian Bar Association |
| 2015-02-10 | Correspondence received from, (Letter Form), Chris Rupar and Jan Brongers will participate | Attorney General of Canada |
| 2014-08-25 | Media lock-up request accepted | |
| 2014-08-22 | Media lock-up consent form received from | Federation of Law Societies of Canada |
| 2014-08-18 | Media lock-up consent form received from, (Letter Form), Consent | Criminal Lawyers' Association (Ontario) |
| 2014-08-18 | Media lock-up consent form received from, Appellant, AG of Canada | Attorney General of Canada |
| 2014-08-15 | Media lock-up consent form received from, (Letter Form), Consent | Advocates' Society |
| 2014-08-07 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2014-06-13 | Media lock-up requested or proposed | |
| 2014-05-27 | Transcript received, (144 pages) | |
| 2014-05-13 | Judgment reserved OR rendered with reasons to follow | |
| 2014-05-13 | Hearing of the appeal, 2014-05-13, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
|
| 2014-05-13 | Intervener's condensed book, (Book Form), (14 copies) distributed at the hearing | Canadian Bar Association |
| 2014-05-13 | Respondent's condensed book, (Book Form), (14 copies) distributed at the hearing | Federation of Law Societies of Canada |
| 2014-05-13 | Appellant's condensed book, (Book Form), (14 copies) distributed at the hearing | Attorney General of Canada |
| 2014-05-08 | Correspondence received from, One reserved seat | Advocates' Society |
| 2014-05-02 | Notice of appearance, Leonard T. Doust and Michael A. Feder will be appearing at the hearing. | Law Society of British Columbia |
| 2014-05-02 | Notice of appearance, Michal Fairburn and Justin Safayeni will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2014-05-02 | Notice of appearance, Mr. Paul Stern and Mr. Robert A. Centa will be present at the hearing. | Advocates' Society |
| 2014-05-01 | Order by, Wa, FURTHER TO THE ORDER dated April 2, 2014, granting leave to intervene to the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the Law Society of British Columbia, the Canadian Bar Association, the Advocates’ Society, the Barreau du Québec and the Chambre des notaires du Québec; IT IS HEREBY FURTHER ORDERED THAT the said six interveners or groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
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| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version due on 2014-05-07) | Advocates' Society |
| 2014-04-30 | Intervener's factum, (Book Form), service & CD to come - Rec'd 05-08-2014, Completed on: 2014-05-08, (Electronic version filed on 2014-05-08) | Advocates' Society |
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-05-05) | Barreau du Québec |
| 2014-04-30 | Intervener's factum, (Book Form), CD to come - rec'd 05-05-2014, Completed on: 2014-05-05, (Electronic version filed on 2014-05-05) | Barreau du Québec |
| 2014-04-30 | Notice of appearance, Raymond Doray and Loïc Berdnikoff will be present at the hearing. | Barreau du Québec |
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-04-30) | Canadian Civil Liberties Association |
| 2014-04-30 | Intervener's factum, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-04-30) | Canadian Civil Liberties Association |
| 2014-04-30 | Notice of appearance, Craig Ferris and Laura Bevan will be present at the hearing | Canadian Bar Association |
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version due on 2014-05-07) | Canadian Bar Association |
| 2014-04-30 | Intervener's factum, (Book Form), Completed on: 2014-04-30, (Electronic version due on 2014-05-07) | Canadian Bar Association |
| 2014-04-30 | Notice of appearance, (Letter Form), Mahmud Jamal, David Rankin and Pierre-Alexandre Henri to be present at the hearing. |
Canadian Civil Liberties Association |
| 2014-04-29 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-29, (Electronic version filed on 2014-04-29) | Law Society of British Columbia |
| 2014-04-29 | Intervener's factum, (Book Form), Completed on: 2014-04-29, (Electronic version filed on 2014-04-29) | Law Society of British Columbia |
| 2014-04-29 | Appeal perfected for hearing | |
| 2014-04-28 | Intervener's book of authorities, (Book Form), pages were added to the Book of Authorities - updated CD rec'd 04-29-2014, Completed on: 2014-04-28 | Criminal Lawyers' Association (Ontario) |
| 2014-04-28 | Intervener's factum, (Book Form), Completed on: 2014-04-28, (Electronic version filed on 2014-04-28) | Criminal Lawyers' Association (Ontario) |
| 2014-04-28 | Notice of appearance, Mr. Christopher Rupar and Jan Brongers will both appear and both make oral submissions to the Court. | Attorney General of Canada |
| 2014-04-24 | Respondent's book of authorities, (Book Form), 4 volumes, Completed on: 2014-04-24, (Electronic version filed on 2014-04-28) | Federation of Law Societies of Canada |
| 2014-04-24 | Respondent's factum, (Book Form), service on Interveners to come and CD - rec'd 04-28-2014 (all parties were originally served electronically on April 24th) , Completed on: 2014-04-28, (Electronic version filed on 2014-04-28) | Federation of Law Societies of Canada |
| 2014-04-24 | Notice of appearance, (Letter Form), Mr. John J.L. Hunter, Q.C. and Mr. Roy W. Millen will be present and making oral arguments at the hearing. | Federation of Law Societies of Canada |
| 2014-04-24 | Correspondence received from, (Letter Form), Appellant, Request for 3 reserved seats | Attorney General of Canada |
| 2014-04-22 | Notice of withdrawal | Attorney General of British Columbia |
| 2014-04-02 | Order on motion for leave to intervene, (by WAGNER J.) | |
| 2014-04-02 | Order on motion to extend time, (see order on motions for leave to intervene) (by WAGNER J.) | |
| 2014-04-02 | Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the Law Society of British Columbia, the Canadian Bar Association, the Advocates’ Society and the Barreau du Québec and Chambre des notaires du Québec for leave to intervene in the above appeal; AND UPON APPLICATION by the Attorney General of Canada for an extension of time to serve and file a response to the motions for leave to intervene to March 28, 2014 and for an extension of time to serve and file any reply to the response to April 1, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the Law Society of British Columbia, the Canadian Bar Association, the Advocates’ Society and the Barreau du Québec and Chambre des notaires du Québec are granted and the said six interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 30, 2014. The motion for extensions of time filed by the Attorney General of Canada is granted. 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. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
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| 2014-04-02 | Decision on motion to extend time, (see order on motions for leave to intervene), Wa Granted |
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| 2014-04-02 | Submission of motion for leave to intervene, Wa | |
| 2014-04-02 | Submission of motion to extend time, Wa | |
| 2014-04-02 | Reply to the motion for leave to intervene, Completed on: 2014-04-02, (Electronic version filed on 2014-04-02) | Advocates' Society |
| 2014-03-31 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-03-31, (Printed version filed on 2014-03-31) | Canadian Civil Liberties Association |
| 2014-03-31 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Criminal Lawyers' Association (Ontario) |
| 2014-03-28 | Response to motion to extend time, of the AGC, Completed on: 2014-03-28 | Federation of Law Societies of Canada |
| 2014-03-28 | Response to the motion for leave to intervene, (Letter Form), of all interveners, Completed on: 2014-03-28, (Electronic version filed on 2014-03-28) | Federation of Law Societies of Canada |
| 2014-03-28 | Motion to extend time, (Book Form), to serve and file Response to motions to intervene to March 28, 2014 and Reply to Response to April 01, 2014, Completed on: 2014-03-28, (Printed version filed on 2014-03-28) | Attorney General of Canada |
| 2014-03-28 | Response to the motion for leave to intervene, (Book Form), Completed on: 2014-03-28, (Printed version filed on 2014-03-28) | Attorney General of Canada |
| 2014-03-27 | Correspondence received from, (Letter Form), Christohper Rupar, re.: Will be filing a Response to Motions to Intervene and Motion to ext time to file Response and Reply. | Attorney General of Canada |
| 2014-03-21 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-24, (Electronic version filed on 2014-03-25) | Advocates' Society |
| 2014-03-21 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-21) | Canadian Bar Association |
| 2014-03-20 | Intervener's book of authorities, (Book Form), 2 volumes - BOA on Motion , Completed on: 2014-03-20, (Printed version filed on 2014-03-20) | Barreau du Québec |
| 2014-03-20 | Motion for leave to intervene, (Book Form), 6 volumes, Completed on: 2014-03-20, (Printed version filed on 2014-03-20) | Barreau du Québec |
| 2014-03-20 | Motion for leave to intervene, Completed on: 2014-03-20, (Printed version filed on 2014-03-20) | Law Society of British Columbia |
| 2014-03-20 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-20, (Electronic version filed on 2014-03-21) | Canadian Civil Liberties Association |
| 2014-03-19 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-19, (Electronic version filed on 2014-03-19) | Criminal Lawyers' Association (Ontario) |
| 2014-03-18 | Notice of hearing sent to parties | |
| 2014-03-04 | Appeal hearing scheduled, 2014-05-13 Judgment reserved |
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| 2014-02-27 | Certificate of counsel (attesting to record), (Letter Form) | Attorney General of Canada |
| 2014-02-27 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2014-02-27 | Appellant's book of authorities, (Book Form), Completed on: 2014-02-27 | Attorney General of Canada |
| 2014-02-27 | Appellant's record, (Book Form), 65 volumes (2 copies of each volume except volume 1 has 21 copies), Completed on: 2014-02-27 | Attorney General of Canada |
| 2014-02-27 | Appellant's factum, (Book Form), Completed on: 2014-02-27 | Attorney General of Canada |
| 2014-02-26 | Order on motion to dispense with printing, (by THE DEPUTY REGISTRAR) | |
| 2014-02-26 | Decision on motion to dispense with printing, DeRg, UPON APPLICATION by the appellant for an order reducing the number of copies of Part III of the appellant’s record to be filed with this Court from eleven to two; AND UPON THE CONSENT of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
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| 2014-02-26 | Submission of motion to dispense with printing, DeRg | |
| 2014-02-13 | Response to motion to dispense with printing, (Letter Form), Completed on: 2014-02-13, (Electronic version filed on 2014-02-13) | Federation of Law Societies of Canada |
| 2014-02-12 | Motion to dispense with printing, (Letter Form), of part III of the Appellant's Record from 11 copies to 2 copies - Fees and service rec'd 2014-02-24, Completed on: 2014-02-24, (Electronic version filed on 2014-02-12) | Attorney General of Canada |
| 2014-01-21 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2013-12-09 | Notice of constitutional question(s), (Book Form), served on all Attorneys General on December 6, 2013 | Federation of Law Societies of Canada |
| 2013-12-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-12-02 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2013-12-02 | Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondent 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 FOLLOWS: 1. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 7 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. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, 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? 5. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 8 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. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 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? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before February 28, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 21, 2014. 3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 26, 2014. 4. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before March 28, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed no later than eight (8) weeks after the service of the appellant’s materials. 6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 29, 2014. Granted |
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| 2013-12-02 | Submission of motion to state a constitutional question, CJ | |
| 2013-11-08 | Notice of appeal, Completed on: 2013-11-08 | Attorney General of Canada |
| 2013-11-08 | Response to the motion to state a constitutional question, (included in the motion), Completed on: 2013-11-08 | Attorney General of Canada |
| 2013-11-08 | Motion to state a constitutional question, (Book Form), Completed on: 2013-11-08 | Federation of Law Societies of Canada |
| 2013-10-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-10-11 | Judgment on leave sent to the parties | |
| 2013-10-10 | 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 British Columbia (Vancouver), Number CA039434, 2013 BCCA 147, dated April 4, 2013, is granted without costs. Granted, without costs |
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| 2013-09-09 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-07-30 | Respondent's response on the application for leave to appeal, Completed on: 2013-07-30 | Federation of Law Societies of Canada |
| 2013-06-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-05-31 | Application for leave to appeal, Completed on: 2013-05-31 | Attorney General of Canada |
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