Docket

37770

Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina

(Alberta) (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)
2018-12-10 Correspondence received from, (Letter Form), the respondent; clarification regarding submissions at the hearing of the appeal. Tusif Ur Rehman Chhina
2018-11-30 Transcript received, 155 pages
2018-11-14 Judgment reserved OR rendered with reasons to follow
2018-11-14 Hearing of the appeal, 2018-11-14, CJ Abe Mo Ka Ga Côt Br
Judgment reserved
2018-11-14 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Canadian Association of Refugee Lawyers
2018-11-14 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court)
Community & Legal Aid Services Programme
2018-11-14 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) End Immigration Detention Network
2018-11-14 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court) Tusif Ur Rehman Chhina
2018-11-14 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) Minister of Public Safety and Emergency Preparedness
2018-11-09 Correspondence received from, (Letter Form), One reserved seat requested Amnesty International Canada (English Branch)
2018-11-07 Correspondence received from, (Letter Form), One reserved seat requested Tusif Ur Rehman Chhina
2018-11-07 Reply factum on appeal, (Book Form), Completed on: 2018-11-07 Minister of Public Safety and Emergency Preparedness
2018-11-06 Correspondence received from, (Letter Form), 1 additional reserved seat requested, for a total of 4 Defence for Children International-Canada
2018-11-05 Notice of appearance, (Letter Form), Nico G.J. Breed, Barbara Jackman, Chris Reed and Farah Saleem will be present at the hearing, Mr. Breed and Ms. Jackman will present oral arguments. Tusif Ur Rehman Chhina
2018-11-02 Correspondence received from, (Letter Form), 4 reserved seats requested Egale Canada Human Rights Trusts
2018-11-02 Correspondence received from, (Letter Form), Proposed order of speakers on behalf of all interveners. Canadian Association of Refugee Lawyers
2018-11-01 Notice of appearance, (Letter Form), Erica Olmstead, Molly Joeck and Peter Edelmann will be present at the hearing. Ms. Olmstead will present oral arguments. Canadian Council for Refugees
2018-10-31 Notice of appearance, (Letter Form), Jeffrey Wilson, Farrah Hudani and Christina Doris will be present at the hearing. Mr. Wilson will present oral arguments. Defence for Children International-Canada
2018-10-31 Intervener's book of authorities, (Book Form), Completed on: 2018-10-31 Defence for Children International-Canada
2018-10-31 Intervener's factum, (Book Form), service missing-rec'd 2018/11/01, Completed on: 2018-10-31 Defence for Children International-Canada
2018-10-31 Notice of appearance, (Letter Form), Ewa Krajewski and Pierre N. Gemson will be present at the hearing. Ms. Krajewski will present oral arguments. Canadian Civil Liberties Association
2018-10-31 Notice of appearance, (Letter Form), Frances Mahon will be present at the hearing and will present oral arguments. British Columbia Civil Liberties Association
2018-10-31 Notice of appearance, (Letter Form), Michael Battista and Adrienne Smith will be present at the hearing. Mr. Battista will present oral arguments. Egale Canada Human Rights Trusts
2018-10-31 Notice of appearance, (Letter Form), Nader Hasan, Gillian Moore and Paul Quick will be present at the hearing. Mr. Hasan will present oral arguments. Queen's Prison Law Clinic
2018-10-31 Certificate (on limitations to public access), (Letter Form) Queen's Prison Law Clinic
2018-10-31 Intervener's book of authorities, (Book Form), Completed on: 2018-10-31 Queen's Prison Law Clinic
2018-10-31 Intervener's factum, (Book Form), Completed on: 2018-10-31 Queen's Prison Law Clinic
2018-10-31 Certificate (on limitations to public access), (Letter Form) Egale Canada Human Rights Trusts
2018-10-31 Intervener's book of authorities, (Book Form), Completed on: 2018-10-31 Egale Canada Human Rights Trusts
2018-10-31 Intervener's factum, (Book Form), Completed on: 2018-10-31 Egale Canada Human Rights Trusts
2018-10-31 Intervener's book of authorities, (Book Form), Completed on: 2018-10-31 Canadian Civil Liberties Association
2018-10-31 Intervener's factum, (Book Form), 16 copies missing-rec'd 2018/11/01, Completed on: 2018-11-01 Canadian Civil Liberties Association
2018-10-31 Intervener's factum, (Book Form), Completed on: 2018-10-31 End Immigration Detention Network
2018-10-30 Notice of appearance, (Letter Form), Swathi Sekhar and Maija Martin will be present at the hearing. Ms. Sekhar will present oral arguments. End Immigration Detention Network
2018-10-30 Notice of appearance, (Letter Form), Subodh S. Bharati and Suzanne Johnson will be present at the hearing. Ms. Bharati will present oral arguments. Community & Legal Aid Services Programme
2018-10-30 Correspondence received from, (Letter Form), Michael Bossin will no longer be attending the hearing. Amnesty International Canada (English Branch)
2018-10-30 Notice of appearance, (Letter Form), Jamie Liew, Laila Demirdache and Michael Bossin will be present at the hearing. Ms. Demirdache will present oral arguments. Amnesty International Canada (English Branch)
2018-10-30 Intervener's factum, (Book Form), electronic copy and service missing-rec'd 2018/11/01, Completed on: 2018-11-01 Canadian Council for Refugees
2018-10-30 Intervener's book of authorities, (Book Form), Completed on: 2018-10-30 Amnesty International Canada (English Branch)
2018-10-30 Intervener's factum, (Book Form), 1 copy missing-rec'd 2018/11/01, Completed on: 2018-11-01 Amnesty International Canada (English Branch)
2018-10-30 Intervener's book of authorities, (Book Form), Completed on: 2018-10-30 British Columbia Civil Liberties Association
2018-10-30 Intervener's factum, (Book Form), service missing-rec'd 2018/10/31, Completed on: 2018-10-31 British Columbia Civil Liberties Association
2018-10-30 Intervener's book of authorities, (Book Form), Completed on: 2018-10-30 Community & Legal Aid Services Programme
2018-10-30 Intervener's factum, (Book Form), Completed on: 2018-10-30 Community & Legal Aid Services Programme
2018-10-30 Intervener's book of authorities, (Book Form), Completed on: 2018-10-30 Canadian Association of Refugee Lawyers
2018-10-30 Intervener's factum, (Book Form), 1 copy missing-rec'd 2018/11/01, Completed on: 2018-11-01 Canadian Association of Refugee Lawyers
2018-10-29 Notice of appearance, (Letter Form), Jared Will and Joshia Blum will be present at the hearing. Mr. Will will present oral arguments. Canadian Association of Refugee Lawyers
2018-10-29 Intervener's book of authorities, (Book Form), Completed on: 2018-10-29 Canadian Prison Law Association
2018-10-29 Intervener's factum, (Book Form), Completed on: 2018-10-29 Canadian Prison Law Association
2018-10-26 Correspondence received from, (Letter Form), 3 reserved seats requested Defence for Children International-Canada
2018-10-26 Correspondence received from, (Letter Form), 4 reserved seats requested Minister of Public Safety and Emergency Preparedness
2018-10-25 Notice of appearance, (Letter Form), Simon Borys and Simon Wallace will be present at the hearing. Mr. Borys will present oral arguments. Canadian Prison Law Association
2018-10-24 Notice of appearance, (Letter Form), Donnaree Nygard and Liliane Bantourakis will be present at the hearing. Minister of Public Safety and Emergency Preparedness
2018-10-16 Order on motion to extend time, (by CÔTÉ J.)
2018-10-16 Decision on motion to extend time, Côt, UPON APPLICATION by the respondent for an order extending the time to serve and file a notice of constitutional question in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed with no order as to costs.
Dismissed, no order as to costs
2018-10-16 Submission of motion to extend time, Côt
2018-10-11 Motion to extend time, (Letter Form), to serve and file the notice of constitutional question. Payment missing (received 2018-10-12)., Completed on: 2018-10-12 Tusif Ur Rehman Chhina
2018-10-09 Reply to motion to extend time, (Letter Form), Completed on: 2018-10-09 Tusif Ur Rehman Chhina
2018-10-09 Response to motion to extend time, (Letter Form), Completed on: 2018-10-09 Minister of Public Safety and Emergency Preparedness
2018-10-01 Notice of constitutional question(s), (Letter Form), Proof of service to interveners missing (received 2018-10-12). NOT ACCEPTED FOR FILING. , Completed on: 2018-10-12 Tusif Ur Rehman Chhina
2018-10-01 Appeal perfected for hearing
2018-09-27 Order on motion to adduce new evidence, (by KARAKATSANIS J.)
2018-09-27 Decision on motion to adduce new evidence, Ka, UPON APPLICATION by the respondent for leave to adduce new evidence to the record in the above referenced appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is referred to the panel of the Court hearing the appeal.
Referred
2018-09-27 Submission of motion to adduce new evidence, Ka
2018-09-27 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2018-09-27 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by End Immigration Detention Network, the Canadian Association of Refugee Lawyers, Defence for Children International-Canada, Amnesty International Canada, the Community & Legal Aid Services Programme, the Canadian Council for Refugees, the Queen’s Prison Law Clinic, the Egale Canada Human Rights Trust, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and the Canadian Prison Law 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 eleven (11) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before October 31, 2018.
The said eleven (11) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The appellants shall be entitled to serve and file a joint factum in reply to the interventions not to exceed ten (10) pages in length, on or before November 7, 2018.
The interveners shall take the necessary steps to avoid duplicative submissions.
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 respondent any additional disbursements resulting from their interventions.
Granted
2018-09-27 Submission of motion for leave to intervene, Ka
2018-09-25 Reply to motion to adduce new evidence, (Letter Form), Completed on: 2018-09-25 Tusif Ur Rehman Chhina
2018-09-24 Intervener's book of authorities, (Book Form), (5 volumes), Completed on: 2018-09-24 Tusif Ur Rehman Chhina
2018-09-24 Respondent's factum, (Book Form), Completed on: 2018-09-24 Tusif Ur Rehman Chhina
2018-09-20 Response to the motion to adduce new evidence, (Book Form), Completed on: 2018-09-20 Minister of Public Safety and Emergency Preparedness
2018-09-11 Motion to adduce new evidence, (Book Form), Completed on: 2018-09-11, (Electronic version due on 2018-09-18) Tusif Ur Rehman Chhina
2018-09-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-10 Defence for Children International-Canada
2018-09-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-10 Egale Canada Human Rights Trusts
2018-09-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-10 Community & Legal Aid Services Programme
2018-09-07 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-07 Canadian Civil Liberties Association
2018-09-06 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-06 Canadian Association of Refugee Lawyers
2018-09-06 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-06 Amnesty International Canada (English Branch)
2018-09-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-05 Queen's Prison Law Clinic
2018-08-31 Response to the motion for leave to intervene, (Letter Form), Proof of service missing (received 2018-09-07)., Completed on: 2018-09-10 Tusif Ur Rehman Chhina
2018-08-31 Notice of name, (Letter Form) Canadian Prison Law Association
2018-08-31 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-08-31 Minister of Public Safety and Emergency Preparedness
2018-08-28 Notice of hearing sent to parties
2018-08-27 Motion for leave to intervene, (Book Form), One copy missing (received 2018-09-07). Form 14 missing (received 2018-08-31)., Completed on: 2018-09-10, (Electronic version filed on 2018-08-31) Canadian Prison Law Association
2018-08-27 Certificate (on limitations to public access), (Letter Form) Canadian Civil Liberties Association
2018-08-27 Notice of name, (Letter Form) Canadian Civil Liberties Association
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27 Canadian Civil Liberties Association
2018-08-27 Notice of name, (Letter Form) British Columbia Civil Liberties Association
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27 British Columbia Civil Liberties Association
2018-08-27 Notice of name, (Letter Form) Amnesty International Canada (English Branch)
2018-08-27 Notice of name, (Letter Form) Egale Canada Human Rights Trusts
2018-08-27 Certificate (on limitations to public access), (Letter Form) Egale Canada Human Rights Trusts
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27 Egale Canada Human Rights Trusts
2018-08-27 Certificate (on limitations to public access), (Letter Form) Queen's Prison Law Clinic
2018-08-27 Notice of name, (Letter Form) Queen's Prison Law Clinic
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27 Queen's Prison Law Clinic
2018-08-27 Motion for leave to intervene, (Book Form), Completed on: 2018-08-27 Canadian Council for Refugees
2018-08-24 Notice of name, (Letter Form) End Immigration Detention Network
2018-08-24 Notice of name, (Letter Form) Community & Legal Aid Services Programme
2018-08-24 Motion for leave to intervene, (Book Form), Completed on: 2018-08-24 Community & Legal Aid Services Programme
2018-08-24 Motion for leave to intervene, (Book Form), Form 14 missing (received 2018-08-27)., Completed on: 2018-08-28 Amnesty International Canada (English Branch)
2018-08-24 Notice of name, (Letter Form) Defence for Children International-Canada
2018-08-24 Motion for leave to intervene, (Letter Form), Completed on: 2018-08-24 Defence for Children International-Canada
2018-08-23 Motion for leave to intervene, (Book Form), Completed on: 2018-08-23, (Printed version filed on 2018-08-24) Canadian Association of Refugee Lawyers
2018-08-23 Motion for leave to intervene, (Book Form), Form 14 missing (received 2018-08-24)., Completed on: 2018-08-24, (Printed version filed on 2018-08-24) End Immigration Detention Network
2018-08-20 Appeal hearing scheduled, 2018-11-14
Judgment reserved
2018-07-30 Certificate of counsel (attesting to record), (Letter Form) Minister of Public Safety and Emergency Preparedness
2018-07-30 Notice of name, (Letter Form) Minister of Public Safety and Emergency Preparedness
2018-07-30 Certificate (on limitations to public access), (Letter Form) Minister of Public Safety and Emergency Preparedness
2018-07-30 Appellant's book of authorities, (Book Form), Completed on: 2018-07-30 Minister of Public Safety and Emergency Preparedness
2018-07-30 Appellant's record, (Book Form), (8 volumes), Completed on: 2018-07-30 Minister of Public Safety and Emergency Preparedness
2018-07-30 Appellant's factum, (Book Form), Completed on: 2018-07-30 Minister of Public Safety and Emergency Preparedness
2018-06-04 Notice of appeal, (Letter Form), Completed on: 2018-06-04 Minister of Public Safety and Emergency Preparedness
2018-05-18 Discontinuance of the miscellaneous motion, (Letter Form) Tusif Ur Rehman Chhina
2018-05-17 Correspondence received from, Ms. Jaime Lefebvre, agent for the Respondent. Tusif Ur Rehman Chhina
2018-05-14 Notice of appearance, Mr. Christopher Rupar will be appearing and will present oral arguments. Minister of Public Safety and Emergency Preparedness
2018-05-04 Notice of appearance, Barbara Jackman and Nico G.J. Breed will be appearing. Ms. Barbara Jackman will present oral argument. Tusif Ur Rehman Chhina
2018-05-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-05-04 Judgment on leave sent to the parties
2018-05-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), advising parties of hearing date for Motion. (ORAL HEARING ON THE MOTION DISCONTINUED)
2018-05-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-05-03 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 Alberta (Calgary), Number 1601-0256-AC, 2017 ABCA 248, dated July 31, 2017, is granted with costs in the cause on a solicitor-client basis to the respondent.

An oral hearing is ordered to hear the motion by counsel for Mr. Chhina for an order directing the Attorney General of Canada to pay the fees and disbursements of counsel, for the appeal, at a reasonable rate of remuneration. The hearing date will be fixed by the Registrar.

It is further ordered that the parties are to address at the oral hearing whether Mr. Chhina’s counsel should be appointed as amicus curiae and, if so, the terms and conditions of the appointment.
Granted, with costs in the cause
2018-02-26 All materials on application for leave submitted to the Judges, Mo Ka Côt, for consideration by the Court
2018-02-26 Submission of miscellaneous motion, Mo Ka Côt, for consideration by the Court
2017-11-09 Response to miscellaneous motion, Completed on: 2017-11-09 Minister of Public Safety and Emergency Preparedness
2017-10-30 Notice of miscellaneous motion, (Book Form), Request for costs against the Attorney General of Canada, Completed on: 2017-10-30 Tusif Ur Rehman Chhina
2017-10-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-30 Tusif Ur Rehman Chhina
2017-09-29 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2017-09-29
2017-09-28 Notice of name, (Letter Form) Minister of Public Safety and Emergency Preparedness
2017-09-28 Certificate (on limitations to public access), (Letter Form), 23-A Minister of Public Safety and Emergency Preparedness
2017-09-28 Application for leave to appeal, (Book Form), CA Order received 2017-10-11, Completed on: 2017-10-16 Minister of Public Safety and Emergency Preparedness