Docket

40195

Attorney General of Canada v. Attorney General of Alberta

(Alberta) (Civil) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2022-11-04 Letter sent to Intervener(s)
2022-11-03 Order on motion to extend time, by BROWN J.
2022-11-03 Order on motion for leave to intervene, by BROWN J.
2022-11-03 Decision on motion to extend time, Br, See order on motions for leave to intervene.
Granted
2022-11-03 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by Indian Resource Council; File Hills Qu’Appelle Tribal Council and Pasqua First Nation (jointly); World Wildlife Fund Canada; Nature Canada and West Coast Environmental Law Association (jointly); Canadian Association of Petroleum Producers; Canadian Taxpayers Federation; Athabasca Chipewyan First Nation; Business Council of Alberta; Ecojustice Canada Society; Woodland Cree First Nation; Mikisew Cree First Nation; Hydro-Québec; Canadian Constitution Foundation; Independent Contractors and Businesses Association, and Alberta Enterprise Group (jointly); Canadian Association of Physicians for the Environment; Advocates for the Rule of Law; Oceans North Conservation Society; Canadian Environmental Law Association, Environmental Defence Canada Inc. and Miningwatch Canada Inc. (jointly); Explorers and Producers Association of Canada; First Nations Major Projects Coalition; Centre québécois du droit de l’environnement; and Lummi Nation for leave to intervene in the above appeal;

AND UPON APPLICATION by Lummi Nation for an order extending the time to serve and file their motion for leave to intervene to October 5, 2022;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time filed by Lummi Nation is granted.

The motions for leave to intervene are granted and the twenty-two (22) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before December 21, 2022.

The requests to present oral arguments at the hearing of the appeal will be addressed upon receipt and review of the interveners’ factums.

The appellant and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed twenty (20) pages in length on or before February 1st, 2023.

To the extent that their interests are similar, the interveners or groups of interveners shall consult to avoid repetition in their submissions.

The interveners or groups of 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 or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Prince Edward Island, the Attorney General of Saskatchewan and the Attorney General of Newfoundland and Labrador are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

Granted
2022-11-01 Notice of hearing sent to parties, (by email)
2022-11-01 Appeal hearing scheduled, 2023-03-22, Day 2 - For Webcasting Purposes
2022-11-01 Appeal hearing scheduled, 2023-03-21
2022-10-28 Submission of motion to extend time, Br
2022-10-28 Submission of motion for leave to intervene, Br
2022-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2022-10-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-17) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-10-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-18) Canadian Taxpayers Federation
2022-10-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-12, (Printed version filed on 2022-10-14) Attorney General of Alberta
2022-10-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-11, (Printed version due on 2022-10-17) Attorney General of Canada
2022-10-05 Notice of name, (Letter Form), (Printed version filed on 2022-10-05) Lummi Nation
2022-10-05 Motion to extend time, (Included in the motion for leave to intervene), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-10-05) Lummi Nation
2022-10-05 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-10-05) Lummi Nation
2022-09-29 Order by, Reg, IT IS HEREBY ORDERED THAT:

Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada:

Any attorney general intervening in this appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a factum not to exceed twenty (20) pages in length and book of authorities, if any, on or before December 21, 2022.

Judgment accordingly
2022-09-29 Correspondence received from, (Letter Form), the respondent, RE: Filing Deadlines, (Printed version due on 2022-10-07) Attorney General of Alberta
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Explorers and Producers Association of Canada
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-29) Explorers and Producers Association of Canada
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) Canadian Environmental Law Association, Environmental Defence Canada inc., and Miningwatch Canada Inc.
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Oceans North Conservation Society
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) Oceans North Conservation Society
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Motion for leave to intervene, (Book Form), Completed on: 2022-10-04, (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version due on 2022-10-06) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Constitution Foundation
2022-09-28 Motion for leave to intervene, (Book Form), Completed on: 2022-10-12, (Printed version filed on 2022-09-28) Canadian Constitution Foundation
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Hydro-Québec
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/04/22), Completed on: 2022-10-04, (Printed version filed on 2022-09-29) Hydro-Québec
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Ecojustice Canada Society
2022-09-27 Other book of authorities, (Book Form), Completed on: 2022-10-05, (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Mikisew Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28)
, Completed on: 2022-09-28, (Printed version filed on 2022-09-28)
Mikisew Cree First Nation
2022-09-27 Notice of name, (Letter Form), (Printed version due on 2022-10-05) Woodland Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version due on 2022-10-05) Woodland Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22)
Notice of Name-Form 14 (rec' 09/28/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28)
Ecojustice Canada Society
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Athabasca Chipewyan First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28)
, Completed on: 2022-09-28, (Printed version filed on 2022-09-28)
Athabasca Chipewyan First Nation
2022-09-26 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Taxpayers Federation
2022-09-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28), Completed on: 2022-09-28, (Printed version filed on 2022-09-28) Canadian Taxpayers Federation
2022-09-23 Correspondence received from, (Letter Form), AGQ, RE: Filing Deadlines, (Printed version due on 2022-10-03) Attorney General of Quebec
2022-09-23 Notice of name, (Letter Form), Amended version filed on September 29, 2022., (Printed version filed on 2022-09-28) Canadian Association of Petroleum Producers
2022-09-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-09-28) Canadian Association of Petroleum Producers
2022-09-23 Notice of name, (Letter Form), For West Coast Environmental Law Association
Missing: Proof of Service (rec' 10/05/22), (Printed version due on 2022-10-03)
Nature Canada and West Coast Environmental Law Association
2022-09-23 Notice of name, (Letter Form), For Nature Canada
Misssing: Proof of Service (rec' 10/05/22), (Printed version due on 2022-10-03)
Nature Canada and West Coast Environmental Law Association
2022-09-23 Other book of authorities, (Book Form), Missing: Proof of Service (rec' 10/05/22), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) Nature Canada and West Coast Environmental Law Association
2022-09-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd 2022-09-27)
Proof of Service (rec' 10/05/22), Completed on: 2022-10-05, (Printed version due on 2022-10-03)
Nature Canada and West Coast Environmental Law Association
2022-09-22 Correspondence received from, (Letter Form), AGM, AGNB, AGNS, AGNL, AGPEI and AGS
RE: Filing Deadlines, (Printed version due on 2022-09-29)
Attorney General of Nova Scotia
2022-09-22 Notice of name, (Letter Form), Missing: Proof of Service for the Attorney Generals (rec' 09/26/22), (Printed version filed on 2022-09-23) World Wildlife Fund Canada
2022-09-22 Motion for leave to intervene, (Book Form), Missing: Proof of Service for the Attorney Generals (rec' 09/26/22), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) World Wildlife Fund Canada
2022-09-21 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-21 Notice of name, (Letter Form), (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-21 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-16 Notice of name, (Letter Form), (Printed version due on 2022-09-23) Indian Resource Council
2022-09-16 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-09-16) Indian Resource Council
2022-09-01 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-09-09) Attorney General of Canada
2022-09-01 Certificate (on limitations to public access), (Letter Form), 23A-Appeal documents, (Printed version due on 2022-09-09) Attorney General of Canada
2022-08-31 Appellant's book of authorities, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-08-31 Appellant's record, (Book Form), (13 volumes), Certificate 24 missing-rec'd 2022/09/01, Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-08-31 Appellant's factum, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-15) Attorney General of Ontario
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-11) Attorney General of Prince Edward Island
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-11) Attorney General of Newfoundland and Labrador
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version due on 2022-07-13) Attorney General of Quebec
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version due on 2022-07-13) Attorney General of British Columbia
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Nova Scotia
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of New Brunswick
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Manitoba
2022-07-05 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Saskatchewan
2022-06-22 Order on miscellaneous motion, by JAMAL J.
2022-06-22 Decision on miscellaneous motion, Ja, UPON APPLICATION by the appellant for an order,

1) granting them permission to file a factum in which Parts I to V do not exceed fifty (50) pages in length, and extending the time to serve and file said factum to August 31, 2022;

2) granting the respondent, the Attorney General of Alberta, permission to file a factum in which Parts I to V do not exceed fifty (50) pages in length, and extending the time to serve and file said factum to November 23, 2022;

3) granting any interveners that have been granted leave to intervene in this matter permission to each file a factum not exceeding ten (10) pages in length, and extending the time to serve and file said factum to December 21, 2022;

4) granting any Attorney General intervening in this matter as of right, pursuant to Rule 33(4) of the Rules of the Supreme Court of Canada, permission to each file a factum not exceeding twenty (20) pages in length, and extending the time to serve and file said factum to December 21, 2022;

5) granting both the appellant and the respondent permission to each file a factum not exceeding twenty (20) pages in length in reply to the potential interveners’ facta, on or before February 1, 2023;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted in part.

The appellant shall be entitled to file a factum not exceeding fifty (50) pages in length, and shall serve and file said factum, along with their record and book of authorities, if any, on or before August 31, 2022.

The respondent shall be entitled to file a factum not exceeding fifty (50) pages in length, and shall serve and file said factum, along with their record and book of authorities, if any, on or before November 23, 2022.

The requests surrounding the date for the filing of potential interveners’ facta and the length of said facta will be addressed at a later time.

The request for an order granting leave to both the Attorney General of Canada and the Attorney General of Alberta to serve and file a factum not exceeding twenty (20) pages in length in reply to the potential interveners’ facta, on or before February 1, 2023, will be addressed at a later time.

Judgment accordingly
2022-06-22 Submission of miscellaneous motion, Ja
2022-06-10 Response to miscellaneous motion, (Letter Form), Completed on: 2022-06-20, (Printed version due on 2022-06-17) Attorney General of Alberta
2022-06-09 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-06-09
2022-06-08 Notice of miscellaneous motion, (Book Form), Motion regarding filing deadlines with a request to file lengthy factums, Completed on: 2022-06-09, (Printed version due on 2022-06-15) Attorney General of Canada
2022-06-08 Notice of constitutional question(s), (Book Form), Completed on: 2022-06-09, (Printed version due on 2022-06-15) Attorney General of Canada
2022-06-08 Notice of appeal, (Book Form), Completed on: 2022-06-08, (Printed version due on 2022-06-15) Attorney General of Canada