Docket

35892

Attorney General of Canada, et al. v. Chambre des notaires du Québec, 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)
2017-10-10 Appeal closed
2017-10-04 Discontinuance of the bill of costs, (Letter Form) Chambre des notaires du Québec
2017-09-25 Motion to extend time, (Included in the bill of costs), Completed on: 2017-09-25 Chambre des notaires du Québec
2017-09-25 Bill of costs, (Letter Form), Completed on: 2017-09-25 Chambre des notaires du Québec
2016-06-06 Formal judgment sent to the registrar of the court of appeal and all parties
2016-06-06 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-06-03 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-021073-101, 2014 QCCA 552, dated March 21, 2014, heard on November 3, 2015, is dismissed with costs. The constitutional questions are answered as follows:

1. Do ss. 231.2(1) and 231.7 and the definition of “solicitor client privilege” set out in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), infringe a right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms insofar as they apply to a lawyer or a notary?

No answer is required.

2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

No answer is required.

3. Do ss. 231.2(1) and 231.7 and the definition of “solicitor client privilege” set out in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), infringe the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms insofar as they apply to a lawyer or a notary?

Yes, but in the case of the definition of “solicitor client privilege” in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), solely as regards the exception for a lawyer’s accounting records.

4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

No.
Dismissed, with costs
2015-11-26 Transcript received, 120 pages
2015-11-03 Judgment reserved OR rendered with reasons to follow
2015-11-03 Hearing of the appeal, 2015-11-03, CJ Abe Cro Mo Ka Wa Ga
Judgment reserved
2015-11-03 Intervener's condensed book, (Book Form), Filed in Court Federation of Law Societies of Canada
2015-11-03 Respondent's condensed book, (Book Form), Filed in Court Barreau du Québec
2015-11-03 Respondent's condensed book, (Book Form), Filed in Court Chambre des notaires du Québec
2015-11-03 Appellant's condensed book, (Book Form), Filed in Court Attorney General of Canada
2015-10-28 Correspondence received from, Marc Ribeiro re: allocation of time Attorney General of Canada
2015-10-28 Correspondence received from, (Letter Form), Marie-France Major re: allocation of time Barreau du Québec
2015-10-22 Correspondence received from, (Letter Form), Raymond Doray re: allocation of time, (Electronic version filed on 2015-10-22) Chambre des notaires du Québec
2015-10-20 Notice of appearance, Chantal Comtois, Christopher Rupar and Marc Ribeiro will be appearing and Mr. Rupar and Ribeiro will both present oral arguments Attorney General of Canada
2015-10-13 Notice of appearance, Giuseppe Battista will be present at the hearing. Barreau du Québec
2015-10-01 Correspondence received from, 2 reserved seats requested Advocates' Society
2015-09-30 Notice of appearance, Raymond Doray and Loic Berdnikoff will be present at the hearing. Chambre des notaires du Québec
2015-09-28 Notice of appearance, Mahmud Jamal, Alexandre Fallon and David Rankin will be present at the hearing. Canadian Bar Association
2015-09-25 Notice of appearance, Brian Gover, Justin Safayeni and Carlo Di Carlo will be present at the hearing. Criminal Lawyers' Association
2015-09-25 Notice of appearance, John Laskin and Yael Bienenstock will be present at the hearing. Federation of Law Societies of Canada
2015-09-24 Notice of appearance, Pierre Bienvenu and Andres Garin will be present at the hearing. Advocates' Society
2015-09-24 Appeal perfected for hearing
2015-09-21 Order by, Ga, FURTHER TO THE ORDER dated June 17, 2015, granting leave to intervene to the Advocates’ Society, the Canadian Bar Association, the Criminal Lawyers’ Association and the Federation of Canadian Law Societies;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2015-09-14 Appellant's book of authorities, Reply , Completed on: 2015-09-14 Attorney General of Canada
2015-09-14 Reply factum on appeal, Completed on: 2015-09-14 Attorney General of Canada
2015-09-10 Notice of hearing sent to parties
2015-08-24 Appeal hearing scheduled, 2015-11-03
Judgment reserved
2015-08-13 Intervener's book of authorities, Completed on: 2015-08-13 Advocates' Society
2015-08-13 Intervener's factum, Completed on: 2015-08-13 Advocates' Society
2015-08-12 Intervener's book of authorities, Completed on: 2015-08-12 Criminal Lawyers' Association
2015-08-12 Intervener's factum, Completed on: 2015-08-12 Criminal Lawyers' Association
2015-08-12 Intervener's book of authorities, Completed on: 2015-08-12 Federation of Law Societies of Canada
2015-08-12 Intervener's factum, Completed on: 2015-08-12 Federation of Law Societies of Canada
2015-08-12 Intervener's book of authorities, Completed on: 2015-08-12 Canadian Bar Association
2015-08-12 Intervener's factum, Completed on: 2015-08-12 Canadian Bar Association
2015-08-10 Order on motion to file a reply factum on appeal, (by JUSTICE ROTHSTEIN)
2015-08-10 Decision on the motion to file a reply factum on appeal, Ro, UPON APPLICATION by the appellants for an order permitting the filing of a single reply factum not exceeding ten (10) pages, on or before September 14, 2015;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2015-08-10 Submission of motion to file a reply factum on appeal, Ro
2015-07-17 Response to motion to file a reply factum on appeal, Completed on: 2015-07-17 Chambre des notaires du Québec
2015-07-16 Response to motion to file a reply factum on appeal, Completed on: 2015-07-16, (Printed version filed on 2015-07-17) Advocates' Society
2015-07-15 Response to motion to file a reply factum on appeal, Completed on: 2015-07-15 Federation of Law Societies of Canada
2015-07-10 Motion to file a reply factum on appeal, (Book Form), Completed on: 2015-07-10, (Electronic version filed on 2015-07-10) Attorney General of Canada
2015-06-29 Respondent's book of authorities, (Book Form), 4 volumes. Proof of service missing. Received 2015-07-02., Completed on: 2015-07-06, (Electronic version filed on 2015-07-03) Chambre des notaires du Québec
2015-06-29 Respondent's factum, (Book Form), Proof of service missing. Received 2015-07-02., Completed on: 2015-07-06, (Electronic version filed on 2015-07-03) Chambre des notaires du Québec
2015-06-29 Respondent's book of authorities, (Book Form), Proof of service missing. Received 2015-07-02., Completed on: 2015-07-06, (Electronic version filed on 2015-07-03) Barreau du Québec
2015-06-29 Respondent's factum, (Book Form), Proof of service missing. Received 2015-07-02., Completed on: 2015-07-06, (Electronic version filed on 2015-07-03) Barreau du Québec
2015-06-17 Order on motion for leave to intervene, (by JUSTICE GASCON)
2015-06-17 Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Advocates’ Society, the Canadian Bar Association, the Criminal Lawyers’ Association and the Federation of Canadian Law Societies 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 are granted and the said four (4) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 13, 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 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2015-06-17 Submission of motion for leave to intervene, Ga
2015-06-15 Correspondence received from, Daniel Bourgeois dated 2015-06-15. Re: Change of address Attorney General of Canada
2015-06-05 Response to the motion for leave to intervene, Completed on: 2015-06-05 Attorney General of Canada
2015-06-01 Motion for leave to intervene, Completed on: 2015-06-01 Federation of Law Societies of Canada
2015-06-01 Motion for leave to intervene, Completed on: 2015-06-01 Criminal Lawyers' Association
2015-05-29 Motion for leave to intervene, Completed on: 2015-05-29 Canadian Bar Association
2015-05-28 Notice of name, Advocates' Society Advocates' Society
2015-05-28 Motion for leave to intervene, Completed on: 2015-05-29, (Electronic version filed on 2015-05-29) Advocates' Society
2015-05-06 Notice of appearance, Daniel Bourgeois and Marc Ribeiro will be present at the hearing. Attorney General of Canada
2015-05-04 Appellant's book of authorities, (Book Form), 2 volumes., Completed on: 2015-05-04, (Electronic version filed on 2015-05-05) Attorney General of Canada
2015-05-04 Appellant's record, (Book Form), 3 volumes., Completed on: 2015-05-04, (Electronic version filed on 2015-05-05) Attorney General of Canada
2015-05-04 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-05-05) Attorney General of Canada
2015-05-04 Appellant's factum, (Book Form), Completed on: 2015-05-04, (Electronic version filed on 2015-05-05) Attorney General of Canada
2015-04-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-03-12 Correspondence received, Mark Pindera, GA Yukon re : will not intervene in the notice of constitutional question.
2015-03-09 Correspondence received, agent for the respondent, Chambre des notaires du Québec re : consent from the Attorney General of Yukon to late service.
2015-02-24 Notice of constitutional question(s), All Attorneys General served on February 20, 2015 Chambre des notaires du Québec
2015-02-09 Order on motion to state a constitutional question, (by McLACHLIN C.J.)
2015-02-09 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondent, the Chambre des notaires du Québec, 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. 231.2(1) and 231.7 and the definition of “solicitor-client privilege” set out in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), infringe a right guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms insofar as they apply to a lawyer or a notary?
2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Do ss. 231.2(1) and 231.7 and the definition of “solicitor-client privilege” set out in s. 232(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), infringe the right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms insofar as they apply to a lawyer or a notary?
4. If so, is the infringement a reasonable limit prescribed by law that 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 appellants and respondents the costs of any additional disbursements they incur as a result of the intervention.
Granted
2015-02-09 Submission of motion to state a constitutional question, CJ
2015-01-28 Reply to the motion to state a constitutional question, Completed on: 2015-01-28 Chambre des notaires du Québec
2015-01-27 Correspondence received from, Giuseppe Battista dated 2015-01-27. Re: Marie-France Major will act as agent Barreau du Québec
2015-01-23 Response to the motion to state a constitutional question, Completed on: 2015-01-23, (Electronic version filed on 2015-01-23) Attorney General of Canada
2015-01-16 Notice of appeal, (Letter Form), Completed on: 2015-01-16, (Electronic version filed on 2015-01-19) Attorney General of Canada
2015-01-15 Motion to state a constitutional question, (Letter Form), Completed on: 2015-01-15, (Electronic version filed on 2015-01-15) Chambre des notaires du Québec
2014-12-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-12-19 Judgment on leave sent to the parties
2014-12-18 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), Number 500-09-021073-101, 2014 QCCA 552, dated March 21, 2014, is granted with costs in the cause.
Granted, with costs in the cause
2014-11-24 All materials on application for leave submitted to the Judges, LeB Ka Ga
2014-06-30 Applicant's reply to respondent's argument, (Book Form), Proof of service missing. Received 2014-07-03., Completed on: 2014-07-03, (Electronic version filed on 2014-07-02) Attorney General of Canada
2014-06-19 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-06-19) Chambre des notaires du Québec
2014-06-19 Notice of name, (Letter Form), (Electronic version filed on 2014-06-19) Chambre des notaires du Québec
2014-06-19 Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Received 2014-06-20., Completed on: 2014-06-23, (Electronic version filed on 2014-06-19) Chambre des notaires du Québec
2014-05-21 Letter acknowledging receipt of a complete application for leave to appeal, file opened 2014-05-21.
2014-05-20 Certificate (on limitations to public access), (Letter Form), Proof of service missing. Received., (Electronic version filed on 2014-05-22) Attorney General of Canada
2014-05-20 Application for leave to appeal, (Book Form), Proof of service missing. Received., Completed on: 2014-05-21, (Electronic version filed on 2014-05-22) Attorney General of Canada