Docket

39430

Attorney General of British Columbia v. Council of Canadians with Disabilities

(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)
2021-09-13 Correspondence (sent by the Court) to, all parties, by the Acting Registrar, Re: appeal is adjourned to the Winter 2022 session (sent by email)
2021-09-13 Order by, the Chief Justice (sent by email), IT IS HEREBY ORDERED THAT:
The hearing is adjourned and the appeal is traversed to the 2022 Winter session.

The order dated August 17, 2021 is varied and the Acting Registrar shall set new filing deadlines.
Traversed
2021-09-09 Correspondence received from, (Letter Form), Ms. Christine Mohr, Re: filing deadlines Attorney General of Canada
2021-09-03 Correspondence received from, response to letter dated Sept. 3, 2021 by Ms. Booth - Re: delay in filing respondent factum Attorney General of British Columbia
2021-09-02 Correspondence received from, (Letter Form), Ms. Booth, Re: delay in filing respondent's factum on appeal Council of Canadians with Disabilities
2021-08-23 Correspondence received from, Notice of change in Counsel contact information John Howard Society of Canada and Queen's Prison Law Clinic
2021-08-23 Correspondence received from, (Letter Form), Attorney General of British Columbia, RE: Response to correspondence filed by the Respondent on August 20, 2021. , (Printed version due on 2021-08-30) Attorney General of British Columbia
2021-08-20 Correspondence received from, (Letter Form), Council of Canadians with Disabilities, RE: Extension of Time to serve and file the respondent's appeal materials., (Printed version due on 2021-08-27) Council of Canadians with Disabilities
2021-08-17 Order on motion for leave to intervene, by ROWE J.
2021-08-17 Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Attorney General of Canada; the Attorney General of Ontario; the Attorney General of Saskatchewan; the Attorney General of Alberta; the West Coast Prison Justice Society; the Empowerment Council, Systemic Advocates in Addictions and Mental Health; the Canadian Civil Liberties Association; the David Asper Centre for Constitutional Rights; the Ecojustice Canada Society; the Trial Lawyers Association of British Columbia; Animal Justice; the Advocacy Centre for Tenants Ontario, the ARCH Disability Law Centre, the Canadian Environmental Law Association, the Chinese and Southeast Asian Legal Clinic, the HIV & AIDS Legal Clinic Ontario and the South Asian Legal Clinic Ontario (jointly); the Canadian Mental Health Association (National), Canada Without Poverty, the Aboriginal Council of Winnipeg Inc., and End Homelessness Winnipeg Inc. (jointly); the Canadian Constitution Foundation; the John Howard Society of Canada and the Queen’s Prison Law Clinic (jointly); the Federation of Asian Canadian Lawyers and the Canadian Muslim Lawyers Association (jointly); the Centre for Free Expression; the West Coast Legal Education and Action Fund; the Canadian Association of Refugee Lawyers; the British Columbia Civil Liberties Association; the Mental Health Legal Committee; and the National Council of Canadian Muslims 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 twenty-two (22) interveners or groups of interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before September 28, 2021.

The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Saskatchewan and the Attorney General of Alberta are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

The remaining eighteen (18) 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 appellant is granted permission to serve and file a single factum in reply to all interventions not to exceed fifteen (15) pages in length on or before October 19, 2021.

Interveners are not to raise new issues, nor to adduce further evidence or otherwise supplement the record of the parties. Interveners may make submissions as to the law, but they are not to address the disposition of the dispute between the parties. The Appellant and Respondent will have seven days after receipt of the interveners’ factums to make submissions relevant to these limitations. If an Intervener fails to comply with these directions, the Court may require that a factum be amended or struck from the record.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Granted
2021-08-17 Submission of motion for leave to intervene, Row
2021-08-11 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-12, (Printed version due on 2021-08-18) Attorney General of Alberta
2021-08-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-10, (Printed version due on 2021-08-17) Centre for Free Expression
2021-08-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-10, (Printed version due on 2021-08-17) West Coast Prison Justice Society
2021-08-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-10, (Printed version filed on 2021-08-10) John Howard Society of Canada and Queen's Prison Law Clinic
2021-08-10 Reply to the motion for leave to intervene, (Letter Form), Missing: Proof of Service (rec' 08/11/21), Completed on: 2021-08-12, (Printed version due on 2021-08-17) Canadian Association of Refugee Lawyers
2021-08-06 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-06, (Printed version due on 2021-08-13) Empowerment Council, Systemic Advocates in Addictions and Mental Health
2021-08-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-06, (Printed version due on 2021-08-12) Council of Canadians with Disabilities
2021-08-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-08-06, (Printed version filed on 2021-08-10) Attorney General of British Columbia
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) West Coast Legal Education and Action Fund
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Canadian Constitution Foundation
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Canadian Constitution Foundation
2021-07-26 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-03) Canadian Mental Health Association (National), Canada Without Poverty, Aboriginal Council of Winnipeg Inc. and End Homelessness Winnipeg Inc.
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Canadian Mental Health Association (National), Canada Without Poverty, Aboriginal Council of Winnipeg Inc. and End Homelessness Winnipeg Inc.
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Canadian Mental Health Association (National), Canada Without Poverty, Aboriginal Council of Winnipeg Inc. and End Homelessness Winnipeg Inc.
2021-07-26 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-03) Animal Justice
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Animal Justice
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Animal Justice
2021-07-26 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-03) Attorney General of Ontario
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Attorney General of Ontario
2021-07-26 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-03) John Howard Society of Canada and Queen's Prison Law Clinic
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) John Howard Society of Canada and Queen's Prison Law Clinic
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) John Howard Society of Canada and Queen's Prison Law Clinic
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Federation of Asian Canadian Lawyers and Canadian Muslim Lawyers Association
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Federation of Asian Canadian Lawyers and Canadian Muslim Lawyers Association
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Centre for Free Expression
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/27/21), Completed on: 2021-07-28, (Printed version due on 2021-08-03) Centre for Free Expression
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/03/21), Completed on: 2021-08-03, (Printed version filed on 2021-07-26) Attorney General of Saskatchewan
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/03/21), Completed on: 2021-08-03, (Printed version filed on 2021-07-26) West Coast Legal Education and Action Fund
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Canadian Association of Refugee Lawyers
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 07/27/21), Completed on: 2021-07-28, (Printed version due on 2021-08-03) Canadian Association of Refugee Lawyers
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/03/21), Completed on: 2021-08-03, (Printed version filed on 2021-07-26) British Columbia Civil Liberties Association
2021-07-26 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-07-30) Mental Health Legal Committee
2021-07-26 Notice of name, (Letter Form), (Printed version filed on 2021-07-30) Mental Health Legal Committee
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/03/21), Completed on: 2021-08-03, (Printed version filed on 2021-07-30) Mental Health Legal Committee
2021-07-26 Notice of name, (Letter Form), (Printed version filed on 2021-07-28) National Council of Canadian Muslims
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-20, (Printed version filed on 2021-07-28) National Council of Canadian Muslims
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/03/21), Completed on: 2021-08-03, (Printed version filed on 2021-07-26) Attorney General of Alberta
2021-07-26 Notice of name, (Letter Form), (Printed version due on 2021-08-03) Trial Lawyers Association of British Columbia
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Trial Lawyers Association of British Columbia
2021-07-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-08-03) Attorney General of Canada
2021-07-23 Notice of name, (Letter Form), (Printed version due on 2021-07-30) Ecojustice Canada Society
2021-07-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/29/21), Completed on: 2021-08-03, (Printed version due on 2021-07-30) Ecojustice Canada Society
2021-07-23 Notice of name, (Letter Form), (Printed version due on 2021-07-30) David Asper Centre for Constitutional Rights
2021-07-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-07-30) David Asper Centre for Constitutional Rights
2021-07-23 Notice of name, (Letter Form), (Printed version due on 2021-07-30) Advocacy Centre for Tenants Ontario, ARCH Disability Law Centre, Canadian Environmental Law Association, Chinese and Southeast Asian Legal Clinic, HIV & Aids Legal Clinic Ontario, and South Asian Legal Clinic Ontario
2021-07-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/27/21), Completed on: 2021-07-28, (Printed version due on 2021-07-30) Advocacy Centre for Tenants Ontario, ARCH Disability Law Centre, Canadian Environmental Law Association, Chinese and Southeast Asian Legal Clinic, HIV & Aids Legal Clinic Ontario, and South Asian Legal Clinic Ontario
2021-07-23 Notice of name, (Letter Form), (Printed version due on 2021-07-30) Canadian Civil Liberties Association
2021-07-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-20, (Printed version due on 2021-07-30) Canadian Civil Liberties Association
2021-07-23 Notice of name, (Letter Form), (Printed version due on 2021-07-30) Empowerment Council, Systemic Advocates in Addictions and Mental Health
2021-07-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-20, (Printed version due on 2021-07-30) Empowerment Council, Systemic Advocates in Addictions and Mental Health
2021-07-22 Notice of name, (Letter Form), Missing: Proof of Service, (Printed version due on 2021-07-29) West Coast Prison Justice Society
2021-07-22 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/30/21), Proof of Service (rec' 07/27/21), Completed on: 2021-08-03, (Printed version due on 2021-07-29) West Coast Prison Justice Society
2021-07-08 Correspondence received from, (Letter Form), Council of Canadians with Disabilities, RE: Change of contact information for agent., (Printed version due on 2021-07-15) Attorney General of British Columbia
2021-07-06 Certificate of counsel (attesting to record) Attorney General of British Columbia
2021-06-28 Appellant's book of authorities, (Book Form), Completed on: 2021-06-30, (Electronic version due on 2021-07-06) Attorney General of British Columbia
2021-06-28 Appellant's record, (Book Form), require: 24A (rec' 07/06/21), Completed on: 2021-08-23, (Electronic version due on 2021-07-06) Attorney General of British Columbia
2021-06-28 Appellant's factum, (Book Form), Completed on: 2021-06-30, (Electronic version due on 2021-07-06) Attorney General of British Columbia
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing adjourned, (previously scheduled for 2021-11-09) to be scheduled in the Winter 2022 session
2021-05-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email)
2021-05-03 Notice of appeal, (Letter Form), Completed on: 2021-05-04, (Printed version due on 2021-05-10) Attorney General of British Columbia
2021-04-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-04-06 Judgment on leave sent to the parties
2021-04-01 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 CA45711, 2020 BCCA 241, dated August 26, 2020, is granted with the award of costs deferred to the Court hearing the appeal.
Granted, with costs
2021-03-01 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-01-28 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-01-29, (Printed version due on 2021-02-04) Attorney General of British Columbia
2021-01-18 Notice of name, (Letter Form), (Printed version due on 2021-01-25) Council of Canadians with Disabilities
2021-01-18 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-01-25) Council of Canadians with Disabilities
2021-01-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-01-29, (Printed version filed on 2021-01-19) Council of Canadians with Disabilities
2020-12-07 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2020-12-07
2020-12-07 Certificate (on limitations to public access), (Letter Form), required: amended 23A (rec'd 2020-12-07) Attorney General of British Columbia
2020-11-12 Application for leave to appeal, (Book Form), required:
-amended 23A (rec'd 2020-12-07)
-confirmation that notice was served upon all parties at the Court of Appeal (rec'd 2020-12-07), Completed on: 2020-12-08
Attorney General of British Columbia