Docket
38332
Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique, et al. v. Her Majesty the Queen in Right of the Province of British Columbia, et al.
(British Columbia) (Civil) (By Leave)
(Publication ban in case) (Sealing order) (Certain information not available to the public)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-03-03 | Appeal closed | |
| 2022-03-03 | Discontinuance of the bill of costs, (Letter Form), (Printed version due on 2022-03-10) | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2022-02-28 | Correspondence received from, (Letter Form), Respondents, RE: Confirmation that the matter of costs has been settled between the parties., (Printed version due on 2022-03-07) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2021-03-29 | Correspondence received from, (Letter Form), Respondents, RE: Taxation, (Printed version due on 2021-04-07) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2021-03-25 | Bill of costs, (Book Form), Completed on: 2021-06-24, (Printed version due on 2021-04-01) | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2020-06-30 | Correspondence received from, (Letter Form), RE: Names of Counsel / Judgment | Canadian Association for Progress in Justice |
| 2020-06-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2020-06-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2020-06-12 | Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44023, 2018 BCCA 305, dated July 25, 2018, heard on September 26, 2019, is allowed in part with costs to the appellants throughout. The Court of Appeal judgment is set aside and the following declarations are issued in favour of rights holders under s. 23 of the Canadian Charter of Rights and Freedoms who live in the communities listed below; where indicated, these declarations replace the corresponding declarations issued by the trial judge: (a) Rights holders in the Abbotsford area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 85 elementary school students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools (this declaration replaces the trial judge’s declaration 13). The lack of minority language educational facilities in Abbotsford prevents the Conseil scolaire francophone de la Colombie-Britannique (“CSF”) from providing a global educational experience that is substantively equivalent to the experience at nearby majority language elementary schools (this declaration and the corresponding declaration for secondary school age children replace the trial judge’s declaration 14). (b) Rights holders in the Central Fraser Valley area (Abbotsford, Mission and Chilliwack) are entitled to have their secondary school age children receive instruction at a homogeneous minority language school that is a combined elementary and secondary school, that has space for 120 secondary school age students (or such other number as the parties agree to) and that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools (this declaration replaces the trial judge’s declaration 12). The lack of minority language educational facilities for secondary school age students in the Central Fraser Valley prevents the CSF from providing a global educational experience that is substantively equivalent to the experience at nearby majority language secondary schools (this declaration and the corresponding declaration for elementary school age children replace the trial judge’s declaration 14). (c) Rights holders living in the proposed Burnaby catchment area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 175 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools (this declaration replaces the trial judge’s declaration 15). (d) Rights holders in the Chilliwack area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 60 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. The educational facilities presently available to École La Vérendrye do not allow the CSF to provide a substantively equivalent educational experience. (e) Children of rights holders in the Kelowna area are entitled to an educational experience that is substantively equivalent to the experience at nearby majority language schools. (f) Children of rights holders in the Mission area are entitled to an educational experience that is substantively equivalent to the experience at nearby majority language schools. (g) Children of rights holders in the Nanaimo area are entitled to an educational experience that is substantively equivalent to the experience at nearby majority language schools. (h) Children of rights holders in the Pemberton area are entitled to an educational experience that is substantively equivalent to the experience at nearby majority language schools. The educational facilities presently available to École La Vallée in Pemberton do not allow the CSF to provide a substantively equivalent educational experience. (i) Rights holders living in the catchment area of École Entre-lacs in Penticton are entitled to have their elementary and middle school age children receive instruction at a homogeneous minority language school with space for 175 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. The educational facilities presently available to École Entre-lacs do not allow the CSF to provide a substantively equivalent educational experience (this declaration replaces the trial judge’s declarations 7 and 8). (j) Rights holders living in the catchment area of École du Pacifique in Sechelt are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 90 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. The educational facilities presently available to École du Pacifique do not allow the CSF to provide a substantively equivalent educational experience (this declaration replaces the trial judge’s declarations 5 and 6). (k) Rights holders in the Squamish area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 135 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools (this declaration replaces the trial judge’s declarations 2 and 3). (l) Rights holders living in the proposed catchment area for the Northeast Vancouver elementary school project are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 270 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools (this declaration replaces the trial judge’s declaration 11). (m) Rights holders living in the proposed East Victoria catchment area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 275 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. (n) Rights holders living in the proposed North Victoria catchment area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 98 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. (o) Rights holders living in the proposed West Victoria catchment area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 299 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. (p) Rights holders in the Whistler area are entitled to have their elementary school age children receive instruction at a homogeneous minority language school with space for 85 students (or such other number as the parties agree to) that provides an educational experience that is substantively equivalent to the experience at nearby majority language schools. The following questions are remanded to the court of original jurisdiction for reconsideration: (a) the question of the educational experience at École des Deux-rives in Mission and the impact of the Facility Condition Driver on the CSF’s ability to provide a substantively equivalent education; and (b) the question of the level of services warranted by the number of students in the Pemberton area. The trial judge’s order concerning school transportation is restored: the respondents are required to pay $6 million in Charter damages to the CSF over a period of 10 years in respect of the inadequate funding of school transportation from 2002-3 to 2011-12. The respondents are also required to pay $1.1 million in damages to the CSF to compensate it for the amount it was denied in respect of the Annual Facilities Grant Rural Factor. Brown and Rowe JJ. dissent in part. Allowed in part, with costs |
|
| 2020-06-08 | Notice of change of counsel, (Letter Form) | Commissioner of Official Languages of Canada |
| 2020-05-28 | Media lock-up request refused, (corresp. sent to Collin Lafrance by email on May 28, 2020) | |
| 2020-02-28 | Media lock-up requested or proposed, by Canadian Parliamentary Press Gallery | |
| 2019-10-21 | Transcript received, 192 pages | |
| 2019-09-26 | Judgment reserved OR rendered with reasons to follow | |
| 2019-09-26 | Hearing of the appeal, 2019-09-26, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2019-09-26 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-26 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-26 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-09-26 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Assembly of Manitoba Chiefs |
| 2019-09-26 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Alberta |
| 2019-09-26 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-26 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-18 | Correspondence received from, (Letter Form), 2 reserved seats requested. |
Commission nationale des parents francophones |
| 2019-09-18 | Certificate (on limitations to public access), (Letter Form), 23B - Reply | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-18 | Appeal perfected for hearing | |
| 2019-09-17 | Appellant's book of authorities, (Book Form), Reply Factum, Completed on: 2019-09-17 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-17 | Reply factum on appeal, (Book Form), Courtesy English copy filed - 09/19/20. Missing: 23B (rec' 09/18/19) , Completed on: 2019-09-18 |
Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-17 | Certificate (on limitations to public access), (Letter Form), 23B - reply factum | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-17 | Reply factum on appeal, (Book Form), Completed on: 2019-09-17 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-17 | Correspondence (sent by the Court) to, In response to intervener's request for reserved seating | |
| 2019-09-16 | Correspondence received from, (Letter Form), 1 reserved seat requested. | Association des juristes d'expression française du Nouveau-Brunswick inc. et Association des enseignantes et enseignants francophones du Nouveau-Brunswick inc. |
| 2019-09-13 | Correspondence received from, (Letter Form), 2 reserved seats requested. | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-09-13 | Intervener's factum, (Book Form), Completed on: 2019-09-13 | Canadian Association for Progress in Justice |
| 2019-09-13 | Notice of appearance, (Letter Form), Audrey Boctor will appear before the court, and will present oral arguments. | Canadian Association for Progress in Justice |
| 2019-09-12 | Notice of appearance, (Letter Form), Randy Steele will appear before the court, and will present oral arguments. |
Attorney General of Alberta |
| 2019-09-12 | Notice of appearance, (Letter Form), Will not be appearing before the Court. Will rely on written submissions only. |
Attorney General of Prince Edward Island |
| 2019-09-12 | Notice of appearance, (Letter Form), Will not be appearing before the Court. Will rely on written submissions only. |
Attorney General of Newfoundland and Labrador |
| 2019-09-12 | Notice of appearance, (Letter Form), Will not be appearing before the Court. Will rely on written submissions only. | Attorney General of Nova Scotia |
| 2019-09-12 | Respondent's record, (Book Form), (2 volumes), Printed version (Parts II, III & IV), Completed on: 2019-09-12 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-12 | Appellant's record, (Book Form), (3 volumes), Printed version - Parts II, III and IV., Completed on: 2019-09-12 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-12 | Notice of withdrawal, (Letter Form), Withdrawing intervention on constitutional question, Completed on: 2019-09-12 | Attorney General of New Brunswick |
| 2019-09-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-09-12 | Attorney General for Saskatchewan |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Commission nationale des parents francophones |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Association des parents de l'école Rose-des-Vents and Association des parents de l'école des Colibris |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-09-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-09-12 | Attorney General of Nova Scotia |
| 2019-09-12 | Intervener's book of authorities, (Book Form), Completed on: 2019-09-12 | Canadian Francophonie Research Chair in Language Rights |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Canadian Francophonie Research Chair in Language Rights |
| 2019-09-12 | Intervener's book of authorities, (Book Form), Completed on: 2019-09-12 | Assembly of Manitoba Chiefs |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Assembly of Manitoba Chiefs |
| 2019-09-12 | Intervener's book of authorities, (Book Form), Completed on: 2019-09-12 | Fédération nationale des conseils scolaires francophones |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Fédération nationale des conseils scolaires francophones |
| 2019-09-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-09-12 | Attorney General of the Northwest Territories |
| 2019-09-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-09-12 | Attorney General of Alberta |
| 2019-09-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-09-12 | Attorney General of Prince Edward Island |
| 2019-09-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2019-09-12 | Attorney General of Newfoundland and Labrador |
| 2019-09-12 | Intervener's factum, (Book Form), Proof of service missing (rec' 09/13/19), Completed on: 2019-09-16 | Association des juristes d'expression française du Nouveau-Brunswick inc. et Association des enseignantes et enseignants francophones du Nouveau-Brunswick inc. |
| 2019-09-12 | Intervener's book of authorities, (Book Form), Completed on: 2019-09-12 | Commissioner of Official Languages of Canada |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Commissioner of Official Languages of Canada |
| 2019-09-12 | Intervener's book of authorities, (Book Form), Completed on: 2019-09-12 | Quebec Community Groups Network |
| 2019-09-12 | Intervener's factum, (Book Form), Completed on: 2019-09-12 | Quebec Community Groups Network |
| 2019-09-11 | Notice of appearance, and request for an additional counsel to appear | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-11 | Notice of appearance, and request for additional counsel to appear | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-09-11 | Intervener's book of authorities, (Book Form), Completed on: 2019-09-11 | David Asper Centre for Constitutional Rights |
| 2019-09-11 | Intervener's factum, (Book Form), Completed on: 2019-09-11 | David Asper Centre for Constitutional Rights |
| 2019-09-11 | Notice of appearance, (Letter Form), Érik Labelle Eastaugh will appear before the court, and will present oral arguments. | Association des juristes d'expression française du Nouveau-Brunswick inc. et Association des enseignantes et enseignants francophones du Nouveau-Brunswick inc. |
| 2019-09-11 | Notice of appearance, (Letter Form), Kent Roach will appear before the court, and will present oral arguments. | David Asper Centre for Constitutional Rights |
| 2019-09-10 | Correspondence received from, (Letter Form), 1 reserved seat requested. | Commissioner of Official Languages of Canada |
| 2019-09-10 | Notice of appearance, (Letter Form), Christine Ruest Norrena will appear before the court, and will present oral arguments. | Commissioner of Official Languages of Canada |
| 2019-09-10 | Notice of appearance, (Letter Form), Roger J.F. Lepage, Q.C. will appear before the court, and will present oral arguments. | Fédération nationale des conseils scolaires francophones |
| 2019-09-10 | Notice of appearance, (Letter Form), Vincent Larochelle will appear before the court, and will present oral arguments. | Commission nationale des parents francophones |
| 2019-09-09 | Notice of appearance, (Letter Form), Christian Monnin will appear before the court, and will present oral arguments. | Assembly of Manitoba Chiefs |
| 2019-09-06 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-05 | Correspondence received from, (Letter Form), 1 reserved seat requested. | Attorney General of the Northwest Territories |
| 2019-09-05 | Notice of appearance, (Letter Form), Sarah A.E. Kay will appear before the court, and will present oral arguments. | Attorney General of the Northwest Territories |
| 2019-09-05 | Notice of appearance, (Letter Form), Andrew Carricato will appear before the court, and will present oral arguments. | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-09-05 | Notice of appearance, (Letter Form), Dominic Caron will appear before the court, and will present oral arguments. |
Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-09-05 | Notice of appearance, (Letter Form), Karrie A. Wolfe and Katherine Webber will appear before the court, they will both present oral arguments. | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-04 | Correspondence received from, (Letter Form), 2 reserved seats requested. | Assembly of Manitoba Chiefs |
| 2019-09-04 | Notice of appearance, (Letter Form), Sylvain Rouleau will appear before the court, and will present oral arguments. | Association des parents de l'école Rose-des-Vents and Association des parents de l'école des Colibris |
| 2019-09-04 | Notice of appearance, (Letter Form), François Larocque will appear before the court, and will present oral arguments. | Canadian Francophonie Research Chair in Language Rights |
| 2019-09-04 | Correspondence received from, (Letter Form), 1 reserved seat requested. | Attorney General for Saskatchewan |
| 2019-09-04 | Notice of appearance, (Letter Form), Alan F. Jacobson will appear before the court, and will present oral arguments. | Attorney General for Saskatchewan |
| 2019-09-03 | Notice of appearance, (Letter Form), Marion Sandilands will appear before the court, and present oral arguments. | Quebec Community Groups Network |
| 2019-09-03 | Correspondence received from, (Letter Form), 2 reserved seats requested. | Quebec Community Groups Network |
| 2019-09-03 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-03 | Respondent's record, (8 volumes), Electronic copy - Printed version (Parts II, III and IV) due September 12, 2019, as per the order dated July 10, 2019., Completed on: 2019-09-03 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-03 | Respondent's book of authorities, (Book Form), Completed on: 2019-09-03 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-09-03 | Respondent's factum, (Book Form), Missing: Form 23B (rec' 09/06/19), Completed on: 2019-09-03 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-08-28 | Correspondence received from, (Letter Form), Request for additional counsel seats. | Assembly of Manitoba Chiefs |
| 2019-08-27 | Correspondence received from, (Letter Form), 4 reserved seats requested. | Canadian Association for Progress in Justice |
| 2019-08-20 | Correspondence received from, (Letter Form), 4 reserved seats requested. | Fédération nationale des conseils scolaires francophones |
| 2019-08-15 | Correspondence received from, (Letter Form), 10 reserved seats requested. | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-08-15 | Notice of hearing sent to parties | |
| 2019-08-15 | Order on motion for leave to intervene, by MARTIN J. | |
| 2019-08-15 | Decision on the motion for leave to intervene, Mar, UPON APPLICATION by the Commissioner of Official Languages of Canada; the Quebec Community Groups Network; the David Asper Centre for Constitutional Rights; Association des juristes d’expression française du Nouveau-Brunswick inc. and Association des enseignantes et enseignants francophones du Nouveau-Brunswick inc. (jointly); Fédération nationale des conseils scolaires francophones; Association des parents de l’école Rose-des-Vents and Association des parents de l’école des Colibris (jointly); the Canadian Association for Progress in Justice; Société de l’Acadie du Nouveau-Brunswick and Fédération des conseils d’éducation du Nouveau-Brunswick (jointly); the Assembly of Manitoba Chiefs; Commission nationale des parents francophones; Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador; and the Canadian Francophonie Research Chair in Language Rights 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 twelve (12) interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before September 12, 2019. The said twelve (12) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellants and respondents are each granted permission to serve and file a single reply factum to all interventions not to exceed five (5) pages in length on or before September 17, 2019. 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 the respondents any additional disbursements resulting from their interventions. IT IS HEREBY FURTHER ORDERED THAT: The Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Prince Edward Island, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Attorney General of Newfoundland and Labrador 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 |
|
| 2019-08-15 | Submission of motion for leave to intervene, Mar | |
| 2019-08-07 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-07 | Commission nationale des parents francophones |
| 2019-08-07 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-07 | Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-08-06 | Reply to the motion for leave to intervene, (Letter Form), MISSING: proof of service (received 2019-08-07), Completed on: 2019-08-08 |
Canadian Francophonie Research Chair in Language Rights |
| 2019-08-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-06 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-08-01 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-01 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-07-31 | Notice of name, (Letter Form), Amended version required (received 2019-08-01) | Association des juristes d'expression française du Nouveau-Brunswick inc. et Association des enseignantes et enseignants francophones du Nouveau-Brunswick inc. |
| 2019-07-31 | Notice of name, (Letter Form) | Assembly of Manitoba Chiefs |
| 2019-07-30 | Correspondence received from, (Letter Form), Counsel Changes | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-29 | Notice of name, (Letter Form) | Canadian Francophonie Research Chair in Language Rights |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Canadian Francophonie Research Chair in Language Rights |
| 2019-07-29 | Motion for leave to intervene, (Book Form), MISSING: proof of service (received 2019-07-30), Completed on: 2019-07-31 |
Canadian Francophonie Research Chair in Language Rights |
| 2019-07-29 | Notice of name, (Letter Form) | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2019-07-29 | Conseil scolaire francophone provincial de Terre-Neuve-et-Labrador |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Commission nationale des parents francophones |
| 2019-07-29 | Notice of name, (Letter Form) | Commission nationale des parents francophones |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2019-07-29 | Commission nationale des parents francophones |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Assembly of Manitoba Chiefs |
| 2019-07-29 | Motion for leave to intervene, (Book Form), MISSING: notice of name (received 2019-07-31), Completed on: 2019-08-01 |
Assembly of Manitoba Chiefs |
| 2019-07-29 | Notice of name, (Letter Form), Fédération des conseils d'éducation du Nouveau-Brunswick | Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-07-29 | Notice of name, (Letter Form), Société de l'Acadie du Nouveau-Brunswick | Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2019-07-29 | Société de l'Acadie du Nouveau-Brunswick et Fédération des conseils d'éducation du Nouveau-Brunswick |
| 2019-07-29 | Notice of name, (Letter Form) | Canadian Association for Progress in Justice |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Proof of service missing., Incomplete | Canadian Association for Progress in Justice |
| 2019-07-29 | Notice of name, (Letter Form), MISSING: amended version (received 2019-07-31) |
Association des parents de l'école Rose-des-Vents and Association des parents de l'école des Colibris |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Association des parents de l'école Rose-des-Vents and Association des parents de l'école des Colibris |
| 2019-07-29 | Motion for leave to intervene, (Book Form), MISSING: amended notice of name (received 2019-07-31), Completed on: 2019-08-01 |
Association des parents de l'école Rose-des-Vents and Association des parents de l'école des Colibris |
| 2019-07-29 | Notice of name, (Letter Form) | Fédération nationale des conseils scolaires francophones |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Fédération nationale des conseils scolaires francophones |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2019-07-29 | Fédération nationale des conseils scolaires francophones |
| 2019-07-29 | Motion for leave to intervene, (Book Form), MISSING: 1) proof of service (received 2019-07-31 & 2019-08-02) 2) notice of name (received 2019-07-31, amended version received 2019-08-01), Completed on: 2019-08-07 |
Association des juristes d'expression française du Nouveau-Brunswick inc. et Association des enseignantes et enseignants francophones du Nouveau-Brunswick inc. |
| 2019-07-29 | Notice of name, (Letter Form) | David Asper Centre for Constitutional Rights |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Proof of service missing (received 2019-07-30), Completed on: 2019-07-30 | David Asper Centre for Constitutional Rights |
| 2019-07-29 | Certificate (on limitations to public access), (Letter Form), Form 23A | Quebec Community Groups Network |
| 2019-07-29 | Notice of name, (Letter Form) | Quebec Community Groups Network |
| 2019-07-29 | Motion for leave to intervene, (Book Form), Completed on: 2019-07-29 | Quebec Community Groups Network |
| 2019-07-25 | Notice of name, (Letter Form) | Commissioner of Official Languages of Canada |
| 2019-07-25 | Motion for leave to intervene, (Book Form), Completed on: 2019-07-25 | Commissioner of Official Languages of Canada |
| 2019-07-19 | Certificate (on limitations to public access), (Letter Form), 23B - Amended form required (rec' 07/25/19) Related to A031(Appellant's Record - Electronic copy, Vol. 3 to 50) |
Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-19 | Notice of change of counsel, (Letter Form), Sarah Kay and Karin Taylor are now counsel for the AGNT. | Attorney General of the Northwest Territories |
| 2019-07-10 | Correspondence (sent by the Court) to, all parties, re: questions and answers regarding hearing in Winnipeg | |
| 2019-07-10 | Appeal hearing scheduled, 2019-09-26, (WINNIPEG) *EARLY START 9AM (CDT)* AMENDED DEADLINES from orders dated July 2, 2019, and direction from Registrar dated July 5, 2019: a) The notice of appeal shall be served and filed on or before May 13, 2019. b) Any notice of constitutional question shall be served and filed on or before May 13, 2019. c) Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a notice of intervention respecting constitutional question on or before June 10, 2019. d) The appellants’ factum and book of authorities, if any, shall be served and filed on or before July 8, 2019. Ten (10) printed copies of Part I of the appellants’ record shall be served and filed on or before July 8, 2019. The appellants shall serve and file the electronic appellants’ record, prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), no later than July 19, 2019. The appellants shall file ten (10) printed copies of the portions of Parts II, III and IV of the appellants’ record that they intend to rely on at the hearing of the appeal, on or before September 12, 2019. e) 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 July 29, 2019. f) The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before August 5, 2019. g) Replies to any responses to the motions for leave to intervene shall be served and filed on or before August 7, 2019. h) The respondents’ factum and book of authorities, if any, shall be served and filed on or before September 3, 2019. The respondents shall serve and file the electronic respondents’ record, prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic), no later than September 9, 2019. The respondents shall file ten (10) printed copies of the portions of Parts II, III and IV of the appellants’ record that they intend to rely on at the hearing of the appeal, on or before September 12, 2019. i) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before September 12, 2019. j) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before September 12, 2019. Judgment reserved |
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| 2019-07-08 | Appellant's record, (Book Form), (2 volumes), Part I Electronic copy (Volumes 3 to 50 ) filed July 19, 2019. VOLUMES 49 AND 50 FILED IN SEALED ENVELOPES-ELECTRONIC ONLY., Completed on: 2019-07-08 |
Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-08 | Appellant's book of authorities, (Book Form), Completed on: 2019-07-08 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-08 | Certificate of counsel (attesting to record), (Letter Form), 24A | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-08 | Appellant's factum, (Book Form), Courtesy English copy filed - 09/19/19., Completed on: 2019-07-08 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-05 | Correspondence (sent by the Court) to, the parties. Letter from Registrar further to the correspondences received on July 3, 4 and 5, 2019. DIRECTION FROM REGISTRAR. The appellants shall serve and file the electronic appellants’ record no later than July 19, 2019. The respondents shall serve and file the electronic respondents’ record no later than September 9, 2019. |
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| 2019-07-05 | Correspondence received from, (Letter Form), counsel for the appellants. Reply to the letter of the respondents dated July 4, 2019. | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-04 | Correspondence received from, (Letter Form), counsel for the respondents. Response to the letter of the appellants dated July 2, 2019. | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-07-03 | Correspondence received from, (Letter Form), Further to the order dated July 2, 2019: request for an extension of time to serve and file the electronic appellant's record. | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-07-02 | Order on motion to dispense with printing, by MARTIN J. | |
| 2019-07-02 | Decision on motion to dispense with printing, Mar, See order on miscellaneous motion. Allowed in part, no order as to costs |
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| 2019-07-02 | Submission of motion to dispense with printing, Mar | |
| 2019-07-02 | Order on motion to file a lengthy factum, by MARTIN J. | |
| 2019-07-02 | Decision on motion to file a lengthy factum, Mar, UPON APPLICATION by the appellants for an order permitting them to serve and file a factum in which Parts I to V do not exceed sixty (60) pages, or, in the alternative, of more than forty (40) pages but less than sixty (60) pages, pursuant to Rules 42(4) and 47 of the Rules of the Supreme Court of Canada; AND UPON APPLICATION by the respondents for an order granting them leave to file a respondents’ factum of the same length as the appellants’ factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part without costs. The appellants and respondents shall each be entitled to serve and file a factum not exceeding fifty (50) pages. Allowed in part, without costs |
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| 2019-07-02 | Submission of motion to file a lengthy factum, Mar | |
| 2019-07-02 | Order on miscellaneous motion, by MARTIN J. | |
| 2019-07-02 | Decision on miscellaneous motion, Mar, UPON APPLICATION by the appellants for an order granting permission to be dispensed with the printing of the appellants’ record, pursuant to Rules 35, 38 and 41 of the Rules of the Supreme Court of Canada; AND UPON APPLICATION by the respondents for an order requiring the appellants to file, in electronic format, the entire electronic record as filed with the British Columbia Court of Appeal and for an order allowing the parties to file printed copies of the supplementary records that were filed with the British Columbia Court of Appeal, if desired, or, in the alternative, for an order dispensing with the printing of the respondents’ record; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted in part: The appellants shall file ten (10) printed copies of Part I of the appellants’ record. These printed copies shall be printed on both sides and bound in volumes of not more than three hundred (300) pages. The reasons for judgment of the Supreme Court of British Columbia, 2016 BSCS 1764, may be printed in PDF format with two pages per sheet. The appellants shall file ten (10) printed copies of the portions of Parts II, III and IV of the appellants’ record that they intend to rely on at the hearing of the appeal, on or before September 12, 2019. For clarity, this is in addition to the requirement to file a condensed book as provided in Rule 45. The appellants are excused from filing printed copies of the remainder of Parts II, III and IV of the appellants’ record. The appellants shall serve and file the electronic appellants’ record prepared in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). The Registrar may extend the time to serve and file the electronic appellants’ record, if necessary and so requested by the appellants. The appellants and respondents may include the supplementary records that were filed with the British Columbia Court of Appeal, or parts thereof, in the appellants’ and respondents’ electronic records. The respondents shall file ten (10) printed copies of the portions of Parts II, III and IV of the appellants’ record or of the respondents’ record that they intend to rely on at the hearing of the appeal, on or before September 12, 2019. For clarity, this is in addition to the requirement to file a condensed book as provided in Rule 45. The respondents are excused from filing printed copies of the remainder of respondents’ record. The respondents shall serve and file the electronic respondents’ record in accordance with the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic). There shall be no order as to costs. Allowed in part, no order as to costs |
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| 2019-07-02 | Submission of miscellaneous motion, Mar | |
| 2019-06-24 | Correspondence received from, (Letter Form), agent for the appellants. Will not be filing a reply to the motion to dispense with printing. | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-06-24 | Reply to the motion to file a lengthy factum, (Book Form), Completed on: 2019-06-24 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-06-20 | Response to motion to dispense with printing, (Letter Form), Completed on: 2019-06-20 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-06-20 | Response to the motion to file a lengthy factum, (Book Form), Completed on: 2019-06-20 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-06-20 | Reply to miscellaneous motion, (Book Form), Completed on: 2019-06-20 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-06-18 | Motion to dispense with printing, (Book Form), Completed on: 2019-06-18 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-06-17 | Response to miscellaneous motion, (Letter Form), Completed on: 2019-06-17 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-06-10 | Motion to file a lengthy factum, (Book Form), MISSING: filing fee (received 2019-06-12), Completed on: 2019-06-19 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-06-10 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-10 | Attorney General of the Northwest Territories |
| 2019-06-10 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-10 | Attorney General of Alberta |
| 2019-06-10 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-10 | Attorney General of Newfoundland and Labrador |
| 2019-06-07 | Notice of miscellaneous motion, (Book Form), MISSING: filing fee (received 2019-06-10), Completed on: 2019-06-07 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-06-07 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-07 | Attorney General of Nova Scotia |
| 2019-06-07 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-07 | Attorney General for Saskatchewan |
| 2019-06-07 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-07 | Attorney General of New Brunswick |
| 2019-06-07 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-06-07 | Attorney General of Prince Edward Island |
| 2019-05-13 | Notice of constitutional question(s), (Letter Form), Completed on: 2019-05-13 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-05-13 | Notice of appeal, (Letter Form), Completed on: 2019-05-13 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-05-13 | Letter advising the parties of tentative hearing date and filing deadlines - Rule 95 - (Leave granted), (Notice pursuant to Rule 95 only) | |
| 2019-04-26 | Correspondence (sent by the Court) to, all parties by email, re: Court has decided to proceed with hearing in Winnipeg on September 26, 2019 (Filing Timetable included with letter) | |
| 2019-04-18 | Correspondence received from, Darius Bossé by email, re: comments regarding hearing in Winnipeg | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2019-04-18 | Correspondence received from, Karrie Wolfe by email, re: comments regarding hearing in Winnipeg | Her Majesty the Queen in Right of the Province of British Columbia |
| 2019-04-12 | Correspondence (sent by the Court) to, all parties by email, re: case identified as one that could be heard in Winnipeg; request comments as to whether parties are amenable to this | |
| 2019-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-04-12 | Judgment on leave sent to the parties | |
| 2019-04-11 | 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 CA44023, 2018 BCCA 305, dated July 25, 2018, is granted and costs are reserved to the panel on the appeal. Granted, costs to follow |
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| 2019-03-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-15 | Certificate (on limitations to public access), (Letter Form), Form 23B | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-11-15 | Certificate (on limitations to public access), (Letter Form), Form 23A | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-11-15 | Applicant's reply to respondent's argument, (Book Form), English version filed on 2018-12-13, Completed on: 2018-11-15 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-11-05 | Certificate (on limitations to public access), (Letter Form), Form 23B | Her Majesty the Queen in Right of the Province of British Columbia |
| 2018-11-05 | Certificate (on limitations to public access), (Letter Form), Form 23A | Her Majesty the Queen in Right of the Province of British Columbia |
| 2018-11-05 | Notice of name, (Letter Form) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2018-11-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-11-05 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2018-10-31 | Correspondence received from, RE: CA Order (date unknown). | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-10-11 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, French version dated October 4, 2018 | |
| 2018-10-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2018-10-04 | |
| 2018-10-02 | Correspondence received from, Mr. Estabrooks agent for the Counsel for the Respondents. | Her Majesty the Queen in Right of the Province of British Columbia |
| 2018-10-01 | Certificate (on limitations to public access), Form 23B | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-10-01 | Certificate (on limitations to public access), (Letter Form), Amended form 23A (rec'd on 2018-11-30) | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-10-01 | Notice of name, (Letter Form) | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
| 2018-10-01 | Application for leave to appeal, (Book Form), English version filed on 2018-10-19. Amended 23A requested (rec'd 2018-10-04). CA Order missing (draft order rec'd 2019/02/12, signed order rec' 03/04/19), Completed on: 2019-02-12 | Conseil scolaire francophone de la Colombie-Britannique, Fédération des parents francophones de Colombie-Britannique |
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