Docket

36495

BC Freedom of Information and Privacy Association v. Attorney General of British Columbia

(British Columbia) (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)
2017-01-30 Appeal closed
2017-01-27 Formal judgment sent to the registrar of the court of appeal and all parties
2017-01-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-01-26 Judgment on the appeal rendered, CJ Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041813, 2015 BCCA 172, dated April 23, 2015, heard on October 11, 2016, is dismissed. The parties have agreed that they will bear their own costs.
Dismissed
2017-01-23 Notice of name, (Letter Form), (Electronic version filed on 2017-01-23) British Columbia Civil Liberties Association
2016-12-15 Correspondence received from, Karen Horsman dated 2016-12-15. Re: Legislative amendment to s.240(3)(b) (Sent to the Court on 2016-12-16) Attorney General of British Columbia
2016-10-21 Transcript received, 135 pages
2016-10-11 Judgment reserved OR rendered with reasons to follow
2016-10-11 Intervener's condensed book, Submitted ib Court (14 copies) Canadian Civil Liberties Association
2016-10-11 Respondent's condensed book, Submitted in court (14 copies) Attorney General of British Columbia
2016-10-11 Appellant's condensed book, Submitted in Court (14 copies) BC Freedom of Information and Privacy Association
2016-10-11 Hearing of the appeal, 2016-10-11, CJ Mo Ka Wa Ga Côt Br
Judgment reserved
2016-10-07 Correspondence received from, Chantal Descoste dated 2016-10-07. Re: Consents to the late service of the BCCLA factum Attorney General of Quebec
2016-10-03 Notice of appearance, Karen Horsman and Sarah Bevan will be present at the hearing. Attorney General of British Columbia
2016-09-30 Notice of appearance, Dominique Jobin and Jean-Vincent Lacroix will be present at the hearing. Attorney General of Quebec
2016-09-27 Notice of appearance, Sean Hern and Alison Latimer will be present at the hearing. BC Freedom of Information and Privacy Association
2016-09-27 Notice of appearance, Zohar Levy and Gillian Hnatiw will be present at the hearing. Canadian Civil Liberties Association
2016-09-27 Notice of appearance, (Letter Form), Mr. Michael H. Morris will be appearing on behalf of the intervener, Attorney General of Canada Attorney General of Canada
2016-09-26 Notice of appearance, Daniel Guttman and Emily Bala will be present at the hearing. Attorney General of Ontario
2016-09-20 Notice of appearance, Sheila Tucker and Joanne Lysyk will be present at the hearing. British Columbia Civil Liberties Association
2016-09-19 Order by, JUSTICE GASCON, FURTHER TO THE ORDER dated June 30, 2016, granting leave to intervene to the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT:
1. The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
2. The Attorney General of Canada, the Attorney General of Ontario and the Attorney General of Quebec are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted
2016-08-25 Intervener's book of authorities, (Book Form), Completed on: 2016-08-25, (Electronic version filed on 2016-08-29) Canadian Civil Liberties Association
2016-08-25 Intervener's factum, (Book Form), Proof of service missing. Received 2016-08-26., Completed on: 2016-08-26, (Electronic version filed on 2016-08-25) Canadian Civil Liberties Association
2016-08-24 Intervener's book of authorities, (Book Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) British Columbia Civil Liberties Association
2016-08-24 Intervener's factum, (Book Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) British Columbia Civil Liberties Association
2016-08-16 Notice of hearing sent to parties
2016-08-10 Appeal hearing scheduled, 2016-10-11, (EARLY START : 9:00AM)
Judgment reserved
2016-07-27 Certificate (on limitations to public access), (Letter Form) Attorney General of Canada
2016-07-27 Intervener's book of authorities, (Book Form), Completed on: 2016-07-27 Attorney General of Canada
2016-07-27 Intervener's factum, (Book Form), Completed on: 2016-07-27 Attorney General of Canada
2016-07-27 Intervener's book of authorities, (Book Form), Completed on: 2016-07-27 Attorney General of Quebec
2016-07-27 Intervener's factum, (Book Form), Completed on: 2016-07-27 Attorney General of Quebec
2016-07-27 Intervener's book of authorities, (Book Form), Completed on: 2016-07-27 Attorney General of Ontario
2016-07-27 Intervener's factum, (Book Form), Completed on: 2016-07-27 Attorney General of Ontario
2016-07-08 Appeal perfected for hearing
2016-06-30 Order on motion for leave to intervene, by JUSTICE CROMWELL
2016-06-30 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association 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 two (2) interveners shall each be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 25, 2016.
The requests to present oral argument is 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
2016-06-30 Submission of motion for leave to intervene, Cro
2016-06-28 Certificate of counsel (attesting to record) Attorney General of British Columbia
2016-06-28 Respondent's book of authorities, (2 volumes), Completed on: 2016-06-28 Attorney General of British Columbia
2016-06-28 Respondent's record, Completed on: 2016-06-28 Attorney General of British Columbia
2016-06-28 Respondent's factum, Completed on: 2016-06-28 Attorney General of British Columbia
2016-06-03 Response to the motion for leave to intervene, Completed on: 2016-06-03 Attorney General of British Columbia
2016-06-03 Response to the motion for leave to intervene, Completed on: 2016-06-03 BC Freedom of Information and Privacy Association
2016-05-31 Intervener's book of authorities, On the motion to intervene, Completed on: 2016-05-31 Canadian Civil Liberties Association
2016-05-31 Motion for leave to intervene, (Book Form), Completed on: 2016-05-31 Canadian Civil Liberties Association
2016-05-27 Motion for leave to intervene, Completed on: 2016-05-27 British Columbia Civil Liberties Association
2016-05-27 Correspondence received from, AG Canada- Counsel will be Michael H. Morris. Attorney General of Canada
2016-05-03 Certificate of counsel (attesting to record) BC Freedom of Information and Privacy Association
2016-05-03 Appellant's book of authorities, Completed on: 2016-05-03 BC Freedom of Information and Privacy Association
2016-05-03 Appellant's record, (2 volumes), Completed on: 2016-05-03 BC Freedom of Information and Privacy Association
2016-05-03 Appellant's factum, Completed on: 2016-05-03 BC Freedom of Information and Privacy Association
2016-03-09 Notice of intervention respecting a constitutional question, (Letter Form) Attorney General of Ontario
2016-03-09 Notice of intervention respecting a constitutional question, (Letter Form), (Electronic version filed on 2016-03-09) Attorney General of Canada
2016-03-09 Notice of intervention respecting a constitutional question, (Letter Form), (Printed version filed on 2016-03-09) Attorney General of Quebec
2016-02-10 Notice of constitutional question(s), (Letter Form), All Attorneys General served on February 10, 2016., (Printed version filed on 2016-02-11) BC Freedom of Information and Privacy Association
2016-02-09 Order on motion to state a constitutional question, (by CHIEF JUSTICE MCLACHLIN)
2016-02-09 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. Does section 239 of the Election Act, R.S.B.C. 1996, c. 106, infringe section 2(b) 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.
Granted
2016-02-09 Submission of motion to state a constitutional question, CJ
2016-01-22 Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date.
2016-01-22 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2016-01-22, (Electronic version filed on 2016-01-22) BC Freedom of Information and Privacy Association
2016-01-15 Response to the motion to state a constitutional question, (Book Form), Completed on: 2016-01-15, (Electronic version filed on 2016-01-15) Attorney General of British Columbia
2015-12-30 Motion to state a constitutional question, (Letter Form), Completed on: 2015-12-30 BC Freedom of Information and Privacy Association
2015-12-30 Certificate (on limitations to public access) BC Freedom of Information and Privacy Association
2015-12-30 Notice of name BC Freedom of Information and Privacy Association
2015-12-30 Notice of appeal, Completed on: 2015-12-30 BC Freedom of Information and Privacy Association
2015-12-16 Transcript received, 21 pages
2015-12-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-12-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-12-01 Judgment on leave sent to the parties
2015-11-30 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 CA041813, 2015 BCCA 172, dated April 23, 2015, is granted with costs in the cause.
Granted, with costs in the cause
2015-11-30 Hearing of the application for leave to appeal, 2015-11-30, CJ Mo Ga
Decision rendered
2015-11-25 Notice of appearance, Karen Horsman will be appearing Attorney General of British Columbia
2015-11-25 Notice of appearance, (Letter Form), Sean Hern and Alison M. Latimer will be appearing and Mr. Hern will make oral submissions BC Freedom of Information and Privacy Association
2015-11-17 Notice of hearing sent to parties
2015-11-12 Correspondence (sent by the Court) to, all parties to the application for leave to appeal. Letter advising that the Court has ordered an oral hearing on the application for leave to appeal and that the hearing is set to take place November 30, 2015.
2015-11-12 Appeal hearing scheduled, 2015-11-30, Early start 9 a.m. (ORAL HEARING FOR APPLICATION ON LEAVE TO APPEAL)
2015-11-12 Order by, CJ Mo Ga, An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1)(c) of the Supreme Court Act. The hearing date will be fixed by the Registrar.
Oral hearing ordered
2015-10-19 All materials on application for leave submitted to the Judges, 2015-11-30, CJ Mo Ga
Decision rendered
2015-08-31 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-08-31, (Electronic version filed on 2015-08-31) BC Freedom of Information and Privacy Association
2015-08-19 Certificate (on limitations to public access) Attorney General of British Columbia
2015-08-19 Respondent's response on the application for leave to appeal, Completed on: 2015-08-19 Attorney General of British Columbia
2015-06-26 Letter acknowledging receipt of an incomplete application for leave to appeal, (File opened 2015-06-26)
2015-06-22 Notice of name, (Letter Form), (Electronic version filed on 2015-06-30) BC Freedom of Information and Privacy Association
2015-06-22 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-30) BC Freedom of Information and Privacy Association
2015-06-22 Application for leave to appeal, (Book Form), CA order to follow - Received July 8, 2015, Completed on: 2015-07-08, (Electronic version filed on 2015-06-30) BC Freedom of Information and Privacy Association