Docket
35586
In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26;, et al.
(Canada) (Civil) (Reference)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-03-31 | Appeal closed | |
| 2014-03-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-03-21 | Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The Reference by the Governor in Council concerning ss. 5 and 6 of the Supreme Court Act was heard on January 15, 2014. The reference questions are answered as follows: (1) Can a person who was, at any time, an advocate of at least 10 years standing at the Barreau du Québec be appointed to the Supreme Court of Canada as a member of the Supreme Court from Quebec pursuant to sections 5 and 6 of the Supreme Court Act? Answer: No. Moldaver J., dissenting, would answer yes. (2) Can Parliament enact legislation that requires that a person be or has previously been a barrister or advocate of at least 10 years standing at the bar of a province as a condition of appointment as a judge of the Supreme Court of Canada or enact the annexed declaratory provisions as set out in clauses 471 and 472 of the Bill entitled Economic Action Plan 2013 Act, No. 2? Answer: With respect to the three seats reserved for Quebec on the Court, the answer is no. With respect to the declaratory provision set out in clause 472, the answer is no. With respect to clause 471, the answer is yes. Moldaver J., dissenting, would find it unnecessary to answer this question. Consequently, the appointment of Justice Nadon and his swearing-in as a judge of the Court were void ab initio. He remains a supernumerary judge of the Federal Court of Appeal. Reference |
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| 2014-03-17 | Media lock-up request accepted | |
| 2014-03-17 | Media lock-up consent form received from, (Letter Form), Me Pierre Landry | Attorney General of Quebec |
| 2014-03-10 | Media lock-up consent form received from, (Letter Form), Sébastien Grammond | Robert Décary |
| 2014-03-07 | Media lock-up consent form received from, Josh Hunter | Attorney General of Ontario |
| 2014-03-06 | Media lock-up consent form received from, (Letter Form), Paul Slansky | Constitutional Rights Centre Inc. |
| 2014-03-06 | Media lock-up consent form received from, (Letter Form), Paul Slansky | Rocco Galati |
| 2014-03-03 | Media lock-up consent form received from, (Letter Form), René LeBlanc | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2014-02-25 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2014-02-12 | Media lock-up requested or proposed | |
| 2014-02-05 | Transcript received, 163 pages | |
| 2014-01-15 | Judgment reserved OR rendered with reasons to follow | |
| 2014-01-15 | Hearing of the appeal, 2014-01-15, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
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| 2014-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2014-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Quebec |
| 2014-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Robert Décary |
| 2014-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Rocco Galati |
| 2014-01-15 | Appellant's condensed book, (Book Form), Filed in Court | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2014-01-14 | Order on miscellaneous motion, (by LEBEL J.) | |
| 2014-01-14 | Decision on miscellaneous motion, LeB, UPON APPLICATION by the Attorney General of Canada for an order permitting the filing of a supplementary record and supplementary authorities in the above reference; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
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| 2014-01-14 | Submission of miscellaneous motion, LeB | |
| 2014-01-13 | Correspondence received from, 2 reserved seats for Mr. Galati and 3 for Mr. Slansky | Rocco Galati |
| 2014-01-13 | Response to miscellaneous motion, Completed on: 2014-01-13 | Attorney General of Quebec |
| 2014-01-13 | Response to miscellaneous motion, Completed on: 2014-01-13 | Attorney General of Ontario |
| 2014-01-09 | Correspondence received from, Noel & Ass by email re: request 6 reserves seats | Attorney General of Quebec |
| 2014-01-09 | Correspondence received from, Gowling by email re: Paul Slansky will be relying on the case of bain in his oral argument and it will be part of his condense book (sent to the Court 2014/01/10 | Constitutional Rights Centre Inc. |
| 2014-01-09 | Correspondence received from, Gowlings by email re: Rocco Galati will rely on the Bain case and it will be part of his condense book (sent to the Court 2014/01/10) | Rocco Galati |
| 2014-01-09 | Notice of appearance, Paul Slansky will be appearing and making oral submission | Constitutional Rights Centre Inc. |
| 2014-01-09 | Notice of appearance, Rocco Galati will be appearing and making oral submission | Rocco Galati |
| 2014-01-09 | Supplemental document, (Book Form), (Supplemental Authorities) , Completed on: 2014-01-14, (Electronic version filed on 2014-01-09) |
In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2014-01-09 | Supplemental document, (Book Form), (Supplemental Record Vol. 1 and 2) , Completed on: 2014-01-14, (Electronic version filed on 2014-01-09) | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2014-01-09 | Notice of miscellaneous motion, (Book Form), to file a supplementary record and supplementary authorities (proof of service missing-received January 13, 2014), Completed on: 2014-01-13, (Electronic version filed on 2014-01-09) | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2014-01-07 | Correspondence received from, Mr. Monahan and Josh Hunter will both present oral argument | Attorney General of Ontario |
| 2014-01-07 | Order by, LeB, IT IS HEREBY ORDERED THAT: The remaining time for oral argument at the hearing of this reference shall be as follows: The Attorney General of Canada: 80 minutes The Attorney General of Quebec: 60 minutes The Attorney General of Ontario: 60 minutes Reply by the Attorney General of Canada: 10 minutes Granted |
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| 2014-01-06 | Notice of appearance, Sébastien Grammond, Ad.E. will present oral argument | Canadian Association of Provincial Court Judges |
| 2014-01-06 | Notice of appearance, Sébastien Grammond, Ad.E., Jeffrey Hatylock and Nicolas M. Rouleau will be appearing and Me Grammond will make oral submission - request for 3 reserved seats rec'd by phone 2014/01/13 | Robert Décary |
| 2014-01-03 | Notice of appearance, Patrick J. Monahan and Josh Hunter will be appearing | Attorney General of Ontario |
| 2014-01-03 | Supplemental document, Vol. 1 to 3 of Record , Completed on: 2014-01-07 | Attorney General of Ontario |
| 2014-01-03 | Intervener's book of authorities, (Book Form), Vol. 1 to 3 , Completed on: 2014-01-07 | Attorney General of Ontario |
| 2014-01-03 | Intervener's factum, (Book Form), Service of Gowling, Slansky and Granmond missing, Completed on: 2014-01-03 | Attorney General of Ontario |
| 2014-01-03 | Intervener's book of authorities, (Book Form), Completed on: 2014-01-03 | Rocco Galati |
| 2014-01-03 | Intervener's factum, (Book Form), Completed on: 2014-01-03 | Rocco Galati |
| 2014-01-03 | Intervener's book of authorities, (Book Form), Completed on: 2014-01-03 | Constitutional Rights Centre Inc. |
| 2014-01-03 | Intervener's factum, (Book Form), Completed on: 2014-01-03 | Constitutional Rights Centre Inc. |
| 2014-01-03 | Intervener's book of authorities, (Book Form), Completed on: 2014-01-03 | Attorney General of Quebec |
| 2014-01-03 | Supplemental document, Record, Completed on: 2014-01-03 | Attorney General of Quebec |
| 2014-01-03 | Intervener's factum, (Book Form), Completed on: 2014-01-03 | Attorney General of Quebec |
| 2014-01-02 | Notice of appearance, Rocco Galati will be appearing | Rocco Galati |
| 2013-12-31 | Intervener's book of authorities, (Book Form), service and cd rec'd 2014/01/06, Completed on: 2014-01-06 | Robert Décary |
| 2013-12-31 | Intervener's factum, (Book Form), service and CD rec'd 2014/01/06, Completed on: 2014-01-06 | Robert Décary |
| 2013-12-31 | Intervener's book of authorities, (Book Form), service and CD rec'd 2014/01/06, Completed on: 2014-01-06 | Canadian Association of Provincial Court Judges |
| 2013-12-31 | Intervener's factum, (Book Form), Service and CD rec'd 2014/01/06, Completed on: 2014-01-06 | Canadian Association of Provincial Court Judges |
| 2013-12-23 | Notice of appearance, René LeBlanc and Christine Mohr will be present at the hearing. | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-12-19 | Notice of appearance, André Fauteux and Jean-François Beaupré will be present at the hearing. | Attorney General of Quebec |
| 2013-12-17 | Correspondence received from, Pierre Landry dated 2013-12-17. Re: André Fauteux replaces Jean-Yves Bernard as counsel | Attorney General of Quebec |
| 2013-12-09 | Correspondence (sent by the Court) to, all parties by fax from the Deputy Registrar, re: on November 15, 2013, Justice Rothstein recused himself from this matter | |
| 2013-12-02 | Order on motion for leave to intervene, (by THE CHIEF JUSTICE) | |
| 2013-12-02 | Decision on the motion for leave to intervene, CJ, UPON APPLICATION by Rocco Galati for leave to intervene in the reference, to have a judge other than Justice Rothstein determine the motion for leave to intervene and for costs on a solicitor-client basis on the motion for leave to intervene and in the reference; AND UPON APPLICATION by the Constitutional Rights Centre Inc. for leave to intervene in the reference and for costs on the motion for leave to intervene; AND UPON APPLICATION by the Honourable Robert Décary, the Honourable Alice Desjardins and the Honourable Gilles Létourneau for leave to intervene and for leave to file affidavit evidence; AND UPON APPLICATION by the Canadian Association of Provincial Court Judges for leave to intervene in the reference; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion for leave to intervene of Rocco Galati is granted and the said intervener shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 3, 2014 and to present 15 minutes of oral argument at the hearing of the reference. The request that a judge other than Justice Rothstein determine the motion for leave to intervene is moot. There will be no order as to costs. 2. The motion for leave to intervene of the Constitutional Rights Centre Inc. is granted and the said intervener shall be entitled to serve and file a factum not to exceed 20 pages on or before January 3, 2014 and to present 15 minutes of oral argument at the hearing of the reference. There will be no order as to costs. 3. The motion for leave to intervene filed by the Honourable Robert Décary, the Honourable Alice Desjardins and the Honourable Gilles Létourneau is granted and the said interveners shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before January 3, 2014 and to present a total of 15 minutes of oral argument at the hearing of the reference. The request for leave to file affidavit evidence is denied. 4. The motion for leave to intervene of the Canadian Association of Provincial Court Judges is granted and the said intervener shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 3, 2014 and to present 15 minutes of oral argument at the hearing of the reference. Allowed in part, no order as to costs |
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| 2013-12-02 | Submission of motion for leave to intervene, CJ | |
| 2013-11-27 | Appellant's book of authorities, (3 volumes), Completed on: 2013-11-27 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-11-27 | Appellant's record, (8 volumes), Completed on: 2013-11-27 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-11-26 | Appellant's factum, In both official languages, Completed on: 2013-11-26 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-11-25 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2013-11-25 | Rocco Galati |
| 2013-11-25 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2013-11-25 | Constitutional Rights Centre Inc. |
| 2013-11-22 | Response to the motion for leave to intervene, in response to all motions, Completed on: 2013-11-22 | Attorney General of Quebec |
| 2013-11-22 | Response to the motion for leave to intervene, to the motion filed by Rocco Galati, Completed on: 2013-11-22 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-11-22 | Response to the motion for leave to intervene, (Letter Form), to the motion filed by the Honourable Robert Décary, Alice Desjardins and Gilles Létourneau and the motion filed by the Canadian Association of Provincial Court Judges, Completed on: 2013-11-22 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-11-22 | Response to the motion for leave to intervene, (Book Form), to the motion filed by the Constitutional Rights Centre Inc. (proof of service received November 25, 2013), Completed on: 2013-11-22 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-11-21 | Notice of hearing sent to parties | |
| 2013-11-19 | Motion for leave to intervene, (Book Form), Completed on: 2013-11-19 | Constitutional Rights Centre Inc. |
| 2013-11-19 | Appeal hearing scheduled, 2014-01-15 Judgment reserved |
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| 2013-11-18 | Motion for leave to intervene, (Book Form), Completed on: 2013-11-18 | Canadian Association of Provincial Court Judges |
| 2013-11-18 | Motion for leave to intervene, (Book Form), and for respondent status in this Reference, Completed on: 2013-11-18 | Rocco Galati |
| 2013-11-18 | Motion for leave to intervene, (Book Form), and for permission to file new evidence, Completed on: 2013-11-18 | Robert Décary |
| 2013-11-12 | Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE | Attorney General of Ontario |
| 2013-11-08 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Prince Edward Island will not be participating in this Reference | |
| 2013-11-07 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Nova Scotia will not participate in this Reference | |
| 2013-11-01 | Correspondence sent to all Counsel by Deputy Registrar, To: Attorney General of Canada Dear Counsel, Re: In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26 et al (file no. 35586) I am writing to you in the above-noted matter at the direction of the Court to outline the measures that have been taken to ensure that the members of the Court are able to deliberate on the questions referred to the Court in a manner free from any conflict of interest. On October 3, 2013, Justice Marc Nadon was appointed to the Supreme Court of Canada by the Governor in Council. On the morning of October 7, 2013, Justice Nadon was sworn in as a judge of the Court. On the afternoon of October 7, 2013, the Court received the Notice of Application in Galati et al v. The Rt. Hon. Stephen Harper et al (Federal Court file no. T-1657-13), challenging Justice Nadon’s appointment. As a result, the Court undertook not to have any discussion between Justice Nadon and the members of the Court regarding the challenge to his appointment. On October 8, 2013, Justice Nadon announced that, in light of the challenge to his appointment, he would not participate for the time being in matters before the Court. On October 22, 2013, the Governor in Council filed with the Court a Notice of Reference In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26 et al (file no. 35586). As questions concerning the legality of Justice Nadon’s appointment are pending before the Court, it has adopted the following measures to ensure that justice is both done and is seen to be done in an independent and impartial manner: 1. Justice Nadon will not have contact with the members of the Court. 2. Justice Nadon will continue not to participate in the work of the Court. 3. Justice Nadon will not occupy his office or attend at the Court. The Court confirms that none of its members has discussed the merits of the challenge or the Reference with Justice Nadon. Mary McFadyen Deputy Registrar c.c. All Provincial and Territorial Attorneys General - Reference |
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| 2013-10-31 | Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE | Attorney General of Quebec |
| 2013-10-29 | Order on motion to directions, (by THE CHIEF JUSTICE) | |
| 2013-10-29 | Decision on motion for directions, CJ, UPON APPLICATION by the Attorney General of Canada for (1) an order directing the Registrar to set this case down on the list of cases to be heard by the Court and abridging the time periods provided in the Rules of the Supreme Court of Canada for the filing of materials in order to ensure the expeditious hearing of this matter; and (2) any further order this Honourable Court may consider appropriate; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The Registrar is directed to enter this reference on the list of cases to be heard by the Court. 2. The attorney general of any province and minister of justice of any territory wishing to intervene in this reference under s. 53(5) of the Supreme Court Act shall serve and file a notice of intervention on or before November 12, 2013. 3. Any person wishing to intervene in this reference 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 November 19, 2013. 4. The Attorney General of Canada and any attorney general of a province or minister of justice of a territory who has intervened under s. 53(5) of the Supreme Court Act shall serve and file their responses, if any, to the motions for leave to intervene on or before November 22, 2013. 5. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before November 26, 2013. 6. The record, factum and book of authorities of the Attorney General of Canada shall be served and filed on or before November 26, 2013 and shall not exceed 40 pages unless otherwise ordered. 7. The records (if any), factums and books of authorities of any attorney general of a province or minister of justice of a territory who has intervened under s. 53(5) of the Supreme Court Act shall be served and filed on or before January 3, 2014 and shall not exceed 40 pages unless otherwise ordered. 8. The factums and books of authorities of any persons granted leave to intervene in this reference shall be served and filed on or before January 3, 2014. 9. The hearing of the reference is scheduled for January 15, 2014. Granted |
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| 2013-10-29 | Submission of motion for directions, CJ | |
| 2013-10-29 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Alberta will not be participating in this Reference | |
| 2013-10-29 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Manitoba will not be participating in this Reference | |
| 2013-10-25 | Correspondence received, from Christopher Rupar by e-mail, re: Canada wishes to expedite the hearing of this Reference | |
| 2013-10-25 | Correspondence received, from Michel Y. Hélie by e-mail, re: Ontario does not object to motion for directions | |
| 2013-10-25 | Correspondence received, Henry S. Brown, Q.C. by e-mail, re: Prince Edward Island takes no position on the motion for directions | |
| 2013-10-25 | Correspondence received, from Karen Collins by e-mail, re: Newfoundland and Labrador takes no position on the motion for directions | |
| 2013-10-25 | Correspondence received, from Jean-Yves Bernard by e-mail, re: Quebec will intervene in this Reference; disputes filing timetable proposed in the motion for directions | |
| 2013-10-25 | Correspondence received, from Karen Collins by e-mail, re: British Columbia takes no position on the motion for directions | |
| 2013-10-24 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: New-Brunswick will not participate in this Reference | |
| 2013-10-24 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Manitoba takes no position on motion for directions | |
| 2013-10-24 | Correspondence received, from Ed Van Bemmel by e-mail, re: Nunavut will not file submissions on the motion for directions | |
| 2013-10-23 | Correspondence received, from Ed Van Bemmel by e-mail, re: Northwest Territories will not participate in this Reference | |
| 2013-10-23 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Alberta takes no position on motion for directions | |
| 2013-10-23 | Correspondence received, from Henry S. Brown, Q.C. by e-mail, re: Saskatchewan will not participate in this Reference | |
| 2013-10-22 | Motion for directions, (Book Form), re: to have the Registrar set the reference down on the list of cases to be heard by the Court and to abridge the deadlines in order to ensure the expeditious hearing of this matter (served on all Attorneys general on October 22, 2013) (CD rec'd Oct. 24), Completed on: 2013-10-22 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
| 2013-10-22 | Notice of appeal, (Letter Form), NOTICE OF REFERENCE (served on all Attorneys General on October 22, 2013) (filed in English and French) (CD to follow), Completed on: 2013-10-22 | In the Matter of Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26; |
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