Docket

39749

Canadian Council for Refugees, et al. v. Minister of Citizenship and Immigration, et al.

(Federal) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party) (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.

Proceedings
Date Proceeding Filed By
(if applicable)
2022-08-04 Notice of change of counsel National Council of Canadian Muslims
2022-06-28 Notice of hearing sent to parties
2022-06-28 Appeal hearing scheduled, 2022-10-06
2022-06-16 Intervener's factum, (Book Form), Required:
- Proof of service, Incomplete, (Printed version filed on 2022-06-27)
Rainbow Refugee Society
2022-06-16 Intervener's factum, (Book Form), Completed on: 2022-06-17, (Printed version due on 2022-06-23) Canadian Lawyers for International Human Rights and the Canadian Centre for Victims of Torture
2022-06-16 Intervener's book of authorities, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-21) HIV & AIDS Legal Clinic of Ontario
2022-06-16 Intervener's factum, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-21) HIV & AIDS Legal Clinic of Ontario
2022-06-16 Intervener's factum, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-16) Rainbow Railroad
2022-06-16 Intervener's book of authorities, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-17) Advocates for the Rule of Law
2022-06-16 Intervener's factum, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-17) Advocates for the Rule of Law
2022-06-16 Intervener's book of authorities, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-17) British Columbia Civil Liberties Association
2022-06-16 Intervener's factum, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-17) British Columbia Civil Liberties Association
2022-06-16 Intervener's book of authorities, (Book Form), Required: Proof of service (rec'd 2022-06-18), Completed on: 2022-06-22, (Printed version filed on 2022-06-20) Canadian Civil Liberties Association
2022-06-16 Intervener's factum, (Book Form), Required:
- Proof of service (rec'd 2022-06-18), Completed on: 2022-07-13, (Printed version filed on 2022-06-20)
Canadian Civil Liberties Association
2022-06-16 Intervener's factum, (Book Form), Completed on: 2022-06-17, (Printed version filed on 2022-06-17) Queen's Prison Law Clinic
2022-06-16 Intervener's factum, (Book Form), Proof of Service upon other parties (rec'd 2022-06-16), Completed on: 2022-06-17, (Printed version filed on 2022-06-16) Canadian Association of Refugee Lawyers
2022-06-15 Intervener's factum, (Book Form), Proof of Service:
Guillaume Cliche-Rivard & Rosalie Caillé-Lévesque
Lorne Waldman
Frances Mahon & Yalda Kazemi
Matthew Halpin
Ewa Krajewska & Meghan Pearson, Incomplete, (Printed version filed on 2022-06-16)
National Council of Canadian Muslims
2022-06-15 Intervener's book of authorities, (Book Form), Completed on: 2022-06-16, (Printed version filed on 2022-06-15) David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund Inc.
2022-06-15 Intervener's factum, (Book Form), Required:
Proof of service upon the other parties, Completed on: 2022-06-16, (Printed version filed on 2022-06-15)
David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund Inc.
2022-06-14 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-16) Association québécoise des avocats et avocates en droit de l'immigration
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to all parties by email)
2022-06-09 Correspondence received from, (Letter Form), Simcha Walfish will act as Ottawa Agent for the Intervener, Canadian Association of Refugee Lawyers, (Printed version due on 2022-06-16) Canadian Association of Refugee Lawyers
2022-05-09 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-05-09) Minister of Citizenship and Immigration
2022-05-09 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-05-09) Minister of Citizenship and Immigration
2022-05-09 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2022-05-16) Minister of Citizenship and Immigration
2022-05-09 Respondent's book of authorities, (Book Form), Completed on: 2022-05-17, (Printed version filed on 2022-05-09) Minister of Citizenship and Immigration
2022-05-09 Respondent's record, (Book Form), (4 volumes), Completed on: 2022-05-17, (Printed version filed on 2022-05-09) Minister of Citizenship and Immigration
2022-05-09 Respondent's factum, (Book Form), Completed on: 2022-05-17, (Printed version filed on 2022-05-09) Minister of Citizenship and Immigration
2022-05-05 Order on motion for leave to intervene, by the Chief Justice (sent to parties electronically)
2022-05-05 Decision on the motion for leave to intervene, CJ, UPON APPLICATION by the Association québécoise des avocats et avocates en droit de l’immigration; the Canadian Civil Liberties Association; the National Council of Canadian Muslims and Canadian Muslim Lawyers Association (jointly); the Canadian Lawyers for International Human Rights and the Canadian Centre for the Victims of Torture (jointly); the Queen’s Prison Law Clinic; the Rainbow Refugee Society; the British Columbia Civil Liberties Association; the Advocates for the Rule of Law; the David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association, and Women’s Legal Education and Action Fund Inc. (jointly); the South Asian Legal Clinic of Ontario and Colour of Poverty/Colour of Change Network (jointly); the HIV & AIDS Legal Clinic Ontario; the Roy McMurtry Legal Clinic; the Canadian Bar Association; the Rainbow Railroad; and the Canadian Association of Refugee Lawyers 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 filed by the South Asian Legal Clinic of Ontario and Colour of Poverty/Colour of Change Network (jointly), the Roy McMurtry Legal Clinic and the Canadian Bar Association are dismissed.


The motions for leave to intervene filed by the Association québécoise des avocats et avocates en droit de l’immigration; the Canadian Civil Liberties Association; the National Council of Canadian Muslims and Canadian Muslim Lawyers Association (jointly); the Canadian Lawyers for International Human Rights and the Canadian Centre for the Victims of Torture (jointly); the Queen’s Prison Law Clinic; the Rainbow Refugee Society; the British Columbia Civil Liberties Association; the Advocates for the Rule of Law; the David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association, and Women’s Legal Education and Action Fund Inc. (jointly); the HIV & AIDS Legal Clinic Ontario; the Rainbow Railroad; and the Canadian Association of Refugee Lawyers 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 June 16, 2022.



The Association québécoise des avocats et avocates en droit de l’immigration; the Canadian Civil Liberties Association; the National Council of Canadian Muslims and Canadian Muslim Lawyers Association (jointly); the Queen’s Prison Law Clinic; the Rainbow Refugee Society; the British Columbia Civil Liberties Association; the Advocates for the Rule of Law; the David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association, and Women’s Legal Education and Action Fund Inc. (jointly); and the Rainbow Railroad are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.


The respondents are permitted an additional fifteen (15) minutes of oral argument at the hearing of this appeal.

The interveners or groups of interveners will focus on submissions which are different from those of the parties and each other and are not entitled to raise new issues, 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 or groups of interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.
Allowed in part
2022-05-05 Submission of motion for leave to intervene, CJ
2022-04-28 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-02 Canadian Bar Association
2022-04-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-27, (Printed version filed on 2022-04-28) British Columbia Civil Liberties Association
2022-04-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-27 HIV & AIDS Legal Clinic of Ontario
2022-04-26 Reply to the motion for leave to intervene, Completed on: 2022-04-27 Canadian Lawyers for International Human Rights and the Canadian Centre for Victims of Torture
2022-04-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-27 Canadian Association of Refugee Lawyers
2022-04-26 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-26 South Asian Legal Clinic of Ontario and Colour of Poverty/Colour of Change Network
2022-04-21 Response to the motion for leave to intervene, (Letter Form), (AQAADI), Completed on: 2022-04-22 Minister of Citizenship and Immigration
2022-04-21 Response to the motion for leave to intervene, (Letter Form), (ARL, Asper, CCLA, NCCM, QPLC, RR, RRS), Completed on: 2022-04-22 Minister of Citizenship and Immigration
2022-04-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-22 Minister of Citizenship and Immigration
2022-04-21 Response to the motion for leave to intervene, (Letter Form), (Roy McMurty Legal Clinic), Completed on: 2022-04-21 Minister of Citizenship and Immigration
2022-04-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-21, (Printed version filed on 2022-04-21) Canadian Council for Refugees
2022-04-11 Notice of name Rainbow Railroad
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd April 27/22), Completed on: 2022-08-03, (Printed version filed on 2022-04-11)
Rainbow Railroad
2022-04-11 Notice of name Canadian Bar Association
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-04-11)
Canadian Bar Association
2022-04-11 Notice of name, (Letter Form), (Printed version filed on 2022-04-11) Roy McMurtry Legal Clinic
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-04-11)
Roy McMurtry Legal Clinic
2022-04-11 Notice of name, (Letter Form), (Printed version filed on 2022-04-14) HIV & AIDS Legal Clinic of Ontario
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-04-13), Completed on: 2022-04-13, (Printed version filed on 2022-04-14)
HIV & AIDS Legal Clinic of Ontario
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-04-19)
South Asian Legal Clinic of Ontario and Colour of Poverty/Colour of Change Network
2022-04-11 Notice of name David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund Inc.
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing (rec'd 2022-04-13), Completed on: 2022-04-13
David Asper Centre for Constitutional Rights, West Coast Legal Education and Action Fund Association and Women's Legal Education and Action Fund Inc.
2022-04-11 Notice of name Advocates for the Rule of Law
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-04-13), Completed on: 2022-04-13
Advocates for the Rule of Law
2022-04-11 Notice of name, (Letter Form), (Printed version filed on 2022-04-12) British Columbia Civil Liberties Association
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-04-12)
British Columbia Civil Liberties Association
2022-04-11 Intervener's book of authorities, (Book Form), rec'd: amended authorities (rec'd 2022-04-11), Completed on: 2022-04-12 Rainbow Refugee Society
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-04-13)

rec'd: amended motion (rec'd 2022-04-11), Completed on: 2022-04-13, (Printed version filed on 2022-04-22)
Rainbow Refugee Society
2022-04-11 Notice of name Queen's Prison Law Clinic
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-04-13), Completed on: 2022-04-13
Queen's Prison Law Clinic
2022-04-11 Notice of name Canadian Lawyers for International Human Rights and the Canadian Centre for Victims of Torture
2022-04-11 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete
Canadian Lawyers for International Human Rights and the Canadian Centre for Victims of Torture
2022-04-11 Notice of name, (Letter Form), (Printed version filed on 2022-04-19) National Council of Canadian Muslims
2022-04-11 Motion for leave to intervene, (Book Form), (Joint motion)
MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-04-19)
National Council of Canadian Muslims
2022-04-11 Notice of name Canadian Civil Liberties Association
2022-04-11 Motion for leave to intervene, (Book Form), Completed on: 2022-04-12, (Printed version filed on 2022-04-19) Canadian Civil Liberties Association
2022-04-08 Notice of name, (Letter Form), (Printed version filed on 2022-04-12) Canadian Association of Refugee Lawyers
2022-04-08 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-04-12), Completed on: 2022-04-13, (Printed version filed on 2022-04-12)
Canadian Association of Refugee Lawyers
2022-04-07 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee (rec'd 2022-04-12), Completed on: 2022-04-13
Association québécoise des avocats et avocates en droit de l'immigration
2022-03-14 Correspondence received from, (Letter Form), Pursuant to Forms 23A and 23B, please be advised that Volumes 3 to 13 inclusive of the Appeal Book (Federal Court of Appeal) are subject to sealing orders issued by the Federal Court of Appeal. , (Printed version filed on 2022-03-15) Canadian Council for Refugees
2022-03-14 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-03-15) Canadian Council for Refugees
2022-03-14 Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B

received: amended 23B (rec'd 2022-04-01), (Printed version filed on 2022-03-15)
Canadian Council for Refugees
2022-03-14 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-03-15) Canadian Council for Refugees
2022-03-14 Appellant's book of authorities, (Book Form), Completed on: 2022-03-17, (Printed version filed on 2022-03-15) Canadian Council for Refugees
2022-03-14 Appellant's record, (Book Form), (52 volumes), SEALED / CONFIDENTIAL

Received the following PUBLIC material:
-Record containing Part I (Named: "Volume 01"; received electronic copies on 2022-03-14, received paper copies on 2022-03-15)
-Record containing Part II (Named: "Volume 02"; received electronic copies on 2022-03-14, received paper copies on 2022-03-15)
-Appeal Book, Federal Court of Appeal (Volumes 1 - 2, 14 - 50; electronic copies rec'd 2022-03-14; no paper copies rec'd pursuant to Rule 38.1(3))

Received the following SEALED / RESTRICTED material:
-Appeal Book, Federal Court of Appeal (Volumes 3 - 13; electronic copies rec'd 2022-03-14; no paper copies rec'd pursuant to Rule 38.1(3)), Completed on: 2022-03-17, (Printed version filed on 2022-03-15)
Canadian Council for Refugees
2022-03-14 Appellant's factum, (Book Form), Completed on: 2022-03-17, (Printed version filed on 2022-03-15) Canadian Council for Refugees
2022-01-20 Notice of change of counsel, (Letter Form), Marianne Zoric and Ian Demers are counsel of record. , (Printed version due on 2022-01-27) Minister of Citizenship and Immigration
2022-01-17 Notice of constitutional question(s), (Letter Form), Completed on: 2022-02-03, (Printed version filed on 2022-01-18) Canadian Council for Refugees
2022-01-17 Notice of appeal, (Book Form), Completed on: 2022-02-03, (Printed version filed on 2022-01-18) Canadian Council for Refugees
2021-12-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-12-16 Judgment on leave sent to the parties
2021-12-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-204-20, 2021 FCA 72, dated April 15, 2021, is granted. The decision on costs is referred to the panel hearing the appeal.
Granted
2021-11-15 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-10-15 Certificate (on limitations to public access), 23B - Reply Canadian Council for Refugees
2021-09-09 Applicant's reply to respondent's argument, (Book Form), require: 23B (rec'd 2021-10-15), Completed on: 2021-11-12, (Printed version filed on 2021-09-09) Canadian Council for Refugees
2021-08-30 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-09-07) Minister of Citizenship and Immigration
2021-08-30 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-09-07) Minister of Citizenship and Immigration
2021-08-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-10-15, (Printed version due on 2021-09-07) Minister of Citizenship and Immigration
2021-07-29 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-07-29
2021-06-14 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-06-15) Canadian Council for Refugees
2021-06-14 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-06-15) Canadian Council for Refugees
2021-06-14 Notice of name, (Letter Form), (Printed version filed on 2021-06-15) Canadian Council for Refugees
2021-06-14 Book of authorities, (Book Form), Completed on: 2021-07-29, (Printed version filed on 2021-06-15) Canadian Council for Refugees
2021-06-14 Application for leave to appeal, (Book Form), (3 volumes), filing fee (rec'd 2021-07-13), Completed on: 2021-06-14, (Printed version filed on 2021-06-15) Canadian Council for Refugees