Docket

35823

Yukon Francophone School Board, Education Area #23 v. Attorney General of the Yukon Territory

(Yukon Territory) (Civil) (By Leave)

(Publication ban in case)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2015-05-28 Appeal closed
2015-05-15 Formal judgment sent to the registrar of the court of appeal and all parties
2015-05-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-05-14 Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal for the Yukon, Number 11-YU684, 2014 YKCA 4, dated February 11, 2014, heard on January 21, 2015, is largely dismissed, but the appellant’s claims pursuant to the Languages Act, R.S.Y. 2002, c. 133, are to be joined with the other issues remitted by the Court of Appeal for determination at a new trial. There will be no costs.
Dismissed, without costs
2015-02-03 Transcript received, (129 pages)
2015-01-21 Judgment reserved OR rendered with reasons to follow
2015-01-21 Intervener's condensed book, Submitted in Court (14 copies) Fédération nationale des conseils scolaires francophones et la Fédération des communautés francophones et acadienne du Canada
2015-01-21 Intervener's condensed book, Submitted in Court (14 copies) Conseil scolaire francophone de la Colombie-Britannique et la Fédération des parents francophones de Colombie-Britannique
2015-01-21 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of the Northwest Territories
2015-01-21 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of British Columbia
2015-01-21 Intervener's condensed book, Submitted in Court (14 copies) Attorney General for Saskatchewan
2015-01-21 Respondent's condensed book, Submitted in Court (14 copies) Attorney General of the Yukon Territory
2015-01-21 Appellant's condensed book, Submitted in Court (14 copies) Yukon Francophone School Board, Education Area #23
2015-01-21 General proceeding, Questionnaire following the hearing concerning the publication ban Attorney General of the Yukon Territory
2015-01-21 General proceeding, Questionnaire following the hearing concerning the publication ban Yukon Francophone School Board, Education Area #23
2015-01-21 Hearing of the appeal, 2015-01-21, CJ Abe Ro Mo Ka Wa Ga
Judgment reserved
2015-01-20 Correspondence received from, 7 reserved seats requested Commissioner of Official Languages of Canada
2015-01-16 Notice of appearance, François Baril, Maxime Faille and Mark Pindera will be present at the hearing. Attorney General of the Yukon Territory
2015-01-16 Notice of appearance, Nicolas Rouleau and Sylvain Rouleau will be present at the hearing. Fédération des parents francophones de l'Alberta
2015-01-15 Notice of appearance, Mark Power and Justin Dubois will be present at the hearing. Fédération nationale des conseils scolaires francophones et la Fédération des communautés francophones et acadienne du Canada
2015-01-15 Notice of appearance, Rob Grant, Maxine Vincelette and David Taylor will be present at the hearing. Conseil scolaire francophone de la Colombie-Britannique et la Fédération des parents francophones de Colombie-Britannique
2015-01-15 Order by, Abe, FURTHER TO THE ORDER dated November 20, 2014 granting leave to intervene to the Commissioner of Official Languages of Canada, the Conseil scolaire francophone de la Colombie-Britannique and the Fédération des parents francophones de Colombie-Britannique, the Fédération des parents francophones de l’Alberta, and the Fédération nationale des conseils scolaires francophones and the Fédération des communautés francophones et acadienne du Canada;
IT IS HEREBY FURTHER ORDERED THAT:
1. These four interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal; and
2. The Attorney General of Quebec, the Attorney General of British Columbia, the Attorney General of Saskatchewan and the Attorney General of the Northwest Territories are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2015-01-15 Certificate (on limitations to public access) Yukon Francophone School Board, Education Area #23
2015-01-15 Notice of appearance, Roger Lepage, Francis Poulin and André Poulin-Denis will be present at the hearing. Yukon Francophone School Board, Education Area #23
2015-01-14 Correspondence received from, François Baril dated 2015-01-14. Re: Filing of a supplemental authority Attorney General of the Yukon Territory
2015-01-14 Supplemental document, Supplemental book of authorities, Completed on: 2015-01-14 Attorney General of the Yukon Territory
2015-01-14 Correspondence received from, Roger Lepage dated 2015-01-14. Re: New authorities will be submitted in the condensed book Yukon Francophone School Board, Education Area #23
2015-01-14 Correspondence received from, 10 reserved seats requested Fédération nationale des conseils scolaires francophones et la Fédération des communautés francophones et acadienne du Canada
2015-01-14 Appeal perfected for hearing
2015-01-07 Intervener's book of authorities, Completed on: 2015-01-07 Fédération nationale des conseils scolaires francophones et la Fédération des communautés francophones et acadienne du Canada
2015-01-07 Intervener's factum, Completed on: 2015-01-07 Fédération nationale des conseils scolaires francophones et la Fédération des communautés francophones et acadienne du Canada
2015-01-07 Intervener's book of authorities, Completed on: 2015-01-07 Fédération des parents francophones de l'Alberta
2015-01-07 Intervener's factum, Completed on: 2015-01-07 Fédération des parents francophones de l'Alberta
2015-01-07 Intervener's book of authorities, Completed on: 2015-01-07 Conseil scolaire francophone de la Colombie-Britannique et la Fédération des parents francophones de Colombie-Britannique
2015-01-07 Intervener's factum, Translated copy rec'd on 2015-01-09, Completed on: 2015-01-07 Conseil scolaire francophone de la Colombie-Britannique et la Fédération des parents francophones de Colombie-Britannique
2015-01-07 Intervener's book of authorities, Completed on: 2015-01-07 Commissioner of Official Languages of Canada
2015-01-07 Intervener's factum, Completed on: 2015-01-07 Commissioner of Official Languages of Canada
2015-01-07 Notice of appearance, Pascale Giguère and Mathew Croitoru will be present at the hearing. Commissioner of Official Languages of Canada
2015-01-07 Notice of appearance, Dominique Jobin will be present at the hearing. Attorney General of Quebec
2015-01-06 Notice of appearance, Guy Régimbald will be present at the hearing. Attorney General of the Northwest Territories
2015-01-05 Notice of appearance, Karrie Wolfe will be present at the hearing. Attorney General of British Columbia
2015-01-05 Certificate (on limitations to public access) Attorney General of the Yukon Territory
2014-12-19 Intervener's book of authorities, Completed on: 2014-12-19 Attorney General of the Northwest Territories
2014-12-19 Intervener's factum - AG on constitutional question, Completed on: 2014-12-19 Attorney General of the Northwest Territories
2014-12-19 Intervener's book of authorities, Completed on: 2014-12-19 Attorney General of Quebec
2014-12-19 Intervener's factum - AG on constitutional question, Completed on: 2014-12-19 Attorney General of Quebec
2014-12-19 Intervener's book of authorities, (Book Form), Completed on: 2014-12-19, (Electronic version filed on 2015-01-06) Attorney General of British Columbia
2014-12-19 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2014-12-19, (Electronic version filed on 2015-01-06) Attorney General of British Columbia
2014-12-18 Intervener's book of authorities, Completed on: 2014-12-18 Attorney General for Saskatchewan
2014-12-18 Intervener's factum - AG on constitutional question, Completed on: 2014-12-18 Attorney General for Saskatchewan
2014-12-15 Notice of appearance, Alan Jacobson and Barbara Mysko will be present at the hearing. Attorney General for Saskatchewan
2014-12-12 Correspondence received from, (Letter Form), Karrie Wolfe by fax re: she as sole conduct of the file, (Electronic version filed on 2014-12-12) Attorney General of British Columbia
2014-12-10 Respondent's book of authorities, (4 volumes), Completed on: 2014-12-10 Attorney General of the Yukon Territory
2014-12-10 Certificate of counsel (attesting to record), (Included in the respondent's record) Attorney General of the Yukon Territory
2014-12-10 Respondent's record, (2 volumes), Completed on: 2014-12-10 Attorney General of the Yukon Territory
2014-12-10 Respondent's factum, English version rec'd 2015-01-20, Completed on: 2014-12-10 Attorney General of the Yukon Territory
2014-12-08 Notice of hearing sent to parties
2014-12-04 Notice of withdrawal, of their intervention in the appeal (French copy of letter also filed December 4, 2014) Attorney General of Canada
2014-12-02 Appeal hearing scheduled, 2015-01-21
Judgment reserved
2014-11-20 Order on motion for leave to intervene, (by ABELLA J.)
2014-11-20 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Commissioner of Official Languages of Canada, by the Conseil scolaire francophone de la Colombie-Britannique and the Fédération des parents francophones de Colombie-Britannique, by the Fédération des parents francophones de l’Alberta, and by the Fédération nationale des conseils scolaires francophones and the Fédération des communautés francophones et acadienne du Canada 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 Commissioner of Official Languages of Canada, of the Conseil scolaire francophone de la Colombie-Britannique and the Fédération des parents francophones de Colombie-Britannique, of the Fédération des parents francophones de l’Alberta, and of the Fédération nationale des conseils scolaires francophones and the Fédération des communautés francophones et acadienne du Canada are granted, and the said four interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before January 7, 2015.
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 respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
Granted
2014-11-20 Submission of motion for leave to intervene, Abe
2014-11-12 Response to the motion for leave to intervene, (Letter Form), Response to all 4 Motions for Leave to Intervene, Completed on: 2014-11-12 Yukon Francophone School Board, Education Area #23
2014-11-06 Motion for leave to intervene, (Book Form), Completed on: 2014-11-07, (Electronic version filed on 2014-11-20) Fédération nationale des conseils scolaires francophones et la Fédération des communautés francophones et acadienne du Canada
2014-11-06 Motion for leave to intervene, (Book Form), service to come - rec'd Nov.7/2014, Completed on: 2014-11-07, (Electronic version filed on 2014-11-06) Fédération des parents francophones de l'Alberta
2014-11-06 Motion for leave to intervene, (Book Form), service to come - rec'd Nov.7/2014 , Completed on: 2014-11-07, (Electronic version filed on 2014-11-07) Conseil scolaire francophone de la Colombie-Britannique et la Fédération des parents francophones de Colombie-Britannique
2014-11-06 Motion for leave to intervene, (Book Form), service to come - rec'd Nov.10/2014, Completed on: 2014-11-12, (Electronic version filed on 2014-11-06) Commissioner of Official Languages of Canada
2014-10-15 Appellant's book of authorities, (2 volumes), Completed on: 2014-10-15 Yukon Francophone School Board, Education Area #23
2014-10-15 Appellant's record, 9 volumes and volume 5 has 14 volumes, Completed on: 2014-10-15 Yukon Francophone School Board, Education Area #23
2014-10-15 Appellant's factum, Service to follow - Rec'd on 2014-10-21, Completed on: 2014-10-21 Yukon Francophone School Board, Education Area #23
2014-09-24 Notice of intervention respecting a constitutional question Attorney General of Canada
2014-09-22 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2014-09-22 Notice of intervention respecting a constitutional question Attorney General of Quebec
2014-09-19 Notice of intervention respecting a constitutional question, (Letter Form), Proof of service missing. Received. 2014-09-22., (Electronic version filed on 2014-09-19) Attorney General of the Northwest Territories
2014-09-09 Notice of intervention respecting a constitutional question, (Letter Form) Attorney General for Saskatchewan
2014-08-26 Notice of constitutional question(s), All Attorneys General served on August 26, 2014 Yukon Francophone School Board, Education Area #23
2014-08-26 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-08-21 Order on motion to state a constitutional question, (by the CHIEF JUSTICE)
2014-08-21 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 QUESTIONS BE STATED AS FOLLOWS:
1. Do sections 2, 5 and 9 of the French Language Instruction Regulation, YOIC 1996/099, infringe section 23 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 section 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 October 16, 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 November 6, 2014.
3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before November 12, 2014.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 14, 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 record, factum and book of authorities.
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 December 19, 2014.
Granted
2014-08-21 Submission of motion to state a constitutional question, CJ
2014-08-11 Response to the motion to state a constitutional question, (Book Form), Proof of service missing. Received 2014-08-12., Completed on: 2014-08-12, (Electronic version filed on 2014-08-11) Attorney General of the Yukon Territory
2014-07-28 Motion to state a constitutional question, (Letter Form), fees to come - received August 6, 2014, Completed on: 2014-08-06, (Electronic version filed on 2014-07-28) Yukon Francophone School Board, Education Area #23
2014-07-28 Notice of appeal, (Letter Form), (original received on August 25, 2014), Completed on: 2014-07-28, (Printed version filed on 2014-07-28) Yukon Francophone School Board, Education Area #23
2014-06-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-06-27 Judgment on leave sent to the parties
2014-06-26 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 the Yukon Territory, Number 11-YU684, 2014 YKCA 4, dated February 11, 2014, is granted with costs in the cause.
Granted, with costs in the cause
2014-06-02 All materials on application for leave submitted to the Judges, LeB Ka Wa
2014-05-22 Applicant's reply to respondent's argument, (Book Form), Proof of service missing. Received., Completed on: 2014-05-27, (Electronic version filed on 2014-05-22) Yukon Francophone School Board, Education Area #23
2014-05-12 Certificate (on limitations to public access), (Letter Form), Proof of service missing. Received., (Electronic version filed on 2014-05-16) Attorney General of the Yukon Territory
2014-05-12 Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Received., Completed on: 2014-05-14, (Electronic version filed on 2014-05-16) Attorney General of the Yukon Territory
2014-04-16 Letter acknowledging receipt of a complete application for leave to appeal, file opened 2014-04-16.
2014-04-11 Notice of name, (Book Form), (Included in the application for leave to appeal), (Electronic version filed on 2014-04-15) Yukon Francophone School Board, Education Area #23
2014-04-11 Certificate (on limitations to public access), (Book Form), (Included in the application for leave to appeal), (Electronic version filed on 2014-04-15) Yukon Francophone School Board, Education Area #23
2014-04-11 Application for leave to appeal, (Book Form), 4 volumes. Proof of service missing. Received., Completed on: 2014-04-16, (Electronic version filed on 2014-04-15) Yukon Francophone School Board, Education Area #23