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20462

John Ross Taylor, et al. v. Canadian Human Rights Commission

(Federal) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1991-12-19 Appeal closed
1991-03-08 Record returned to the Registrar of the Court of Appeal, F.C.A. (Ottawa,ON)
1991-02-05 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa,ON)
1991-02-05 Copy of formal judgment being prepared, Douglas H. Christie (Victoria,BC)
1991-02-05 Copy of formal judgment being prepared, Douglas H. Christie (Victoria,BC)
1991-02-05 Copy of formal judgment being prepared, D. Martin Low C/O Dept. of Justice (Ottawa,ON)
1991-02-05 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-02-05 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-02-05 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-02-05 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON)
1991-02-05 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-02-05 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-12-14 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, D. Martin Low C/O Dept. of Justice (Ottawa,ON)
1990-12-14 Notice of deposit of judgment sent to all parties, Douglas H. Christie (Victoria,BC)
1990-12-13 Judgment on the appeal rendered, CJ W LaF L'HD So G McL, The appeal is dismissed with costs to the respondent Commission. La Forest, Sopinka and McLachlin JJ. dissenting in part.
Dismissed, with costs
1990-01-02 General proceeding, transcripts received and distributed to the justices (130 pages)
1989-12-04 Hearing of the appeal, 1989-12-04, CJ W LaF L'HD So G McL
Decision reserved
1989-12-01 Correspondence (sent by the Court) to, (fax) from Blake, Cassels & Graydon (RE: Counsel for Cdn. Human Rights Comm.)
1989-12-01 Correspondence (sent by the Court) to, (fax) from Blake, Cassels & Graydon (Re: Counsel for Cdn. Human Rights Comm. will refer to Pages 964 and 965 of Mills v. Queen judgment attatched.)
1989-12-01 Order on motion for leave to intervene
1989-11-30 Book of authorities, (10 copies) Women's Legal Education and Action Fund
1989-11-30 Intervener's factum, (21 copies) Women's Legal Education and Action Fund
1989-11-30 Book of authorities, (24 copies), with service Attorney General of Manitoba
1989-11-29 Intervener's factum, 25 copies *joint with 21118, 21034,*, with service Attorney General of Quebec
1989-11-29 Correspondence (sent by the Court) to, Re: to advise that the AG of Ontario will be presenting written argument only in this case, and will not be represented at the hearing. However, the AG of Ontario will be appearing in the compani companion case of R. v. Andrews.
1989-11-29 Intervener's factum, 21 copies,, with service Attorney General for Ontario
1989-11-27 Service, (served copy of book of authorities), with service
1989-11-24 Intervener's factum, 21 copies,, with service Attorney General of Manitoba
1989-11-24 Book of authorities, 10 copies, League for Human Rights of Bnai Brith Canada
1989-11-22 General proceeding, 10 copies of joint statutes John Ross Taylor
1989-11-21 Book of authorities, joint, 10 copies, vols. 1 to 8, with service John Ross Taylor
1989-10-24 Decision on the motion for leave to intervene, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co
Granted, no order as to costs
1989-10-24 Hearing of motion for leave to intervene, 1989-10-24, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co
1989-10-24 Submission of motion for leave to intervene, 1989-10-24, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co
1989-10-10 Appeal hearing scheduled, 1989-12-04
Decision reserved
1989-10-03 Correspondence (sent by the Court) to, will not be taking any position on the LEAF intervention,
1989-09-29 Affidavit, to intervene, with service Women's Legal Education and Action Fund
1989-09-29 Motion to extend time, to intervene, with service Women's Legal Education and Action Fund
1989-09-29 Affidavit, With service Women's Legal Education and Action Fund
1989-09-29 Motion for leave to intervene Women's Legal Education and Action Fund
1989-09-15 Book of authorities, 10 copies Canadian Holocaust Remembrance Association
1989-09-07 General proceeding, to note Appeal to be heard December 4, 1989 together with the Appeals "Donald Clarke Andrews et al v. The Queen" (21034), and "The Queen v. James Keegstra" (21118)
1989-06-09 Book of authorities, , 10 copies vols. 1 to 3 Canadian Jewish Congress
1989-05-30 Correspondence (sent by the Court) to, dated May 24/89 fr. Douglas Christie
1989-05-03 Notice of withdrawal Attorney General of British Columbia
1989-05-01 Intervener's factum, , 21 copies, with service Canadian Holocaust Remembrance Association
1989-04-27 Intervener's factum, 1 copy, with service Canadian Jewish Congress
1989-04-25 Intervener's factum, , 20 copies Canadian Jewish Congress
1989-04-24 Intervener's factum, , 20 copies League for Human Rights of Bnai Brith Canada
1989-04-23 Intervener's factum, , 1 copy, with service League for Human Rights of Bnai Brith Canada
1989-04-12 Order on motion for leave to intervene
1989-04-06 Service, of Resp. factum, with service
1989-04-04 Intervener's factum, , 21 copies, with service Canadian Civil Liberties Association
1989-03-31 Order on motion for leave to intervene
1989-03-31 Order on motion for leave to intervene
1989-03-28 Respondent's factum, 21 copies. Canadian Human Rights Commission
1989-03-28 Respondent's factum, 21 copies. Attorney General of Canada
1989-03-28 Respondent's factum, 21 copies., with service Canadian Human Rights Commission
1989-03-23 Decision on the motion for leave to intervene, So, on behalf of (1) League for Human Rights of B'nai Brith Canada (2) Cdn. Holocaust Remembrance Ass. (3) Cdn. Jewish Congress limited to factum not exceeding 15 pgs each, addressing Const. Question only. If some point is raised which requires oral submission counsel is always at liberty to apply during hearing to be heard. Factum by May 1/89.
Granted, no order as to costs
1989-03-23 Hearing of motion for leave to intervene, 1989-03-23, So
1989-03-23 Submission of motion for leave to intervene, 1989-03-23, So
1989-03-23 Correspondence (sent by the Court) to, from R. Juriansz.
1989-03-22 Correspondence (sent by the Court) to, FAX from D. Christie.
1989-03-22 Correspondence (sent by the Court) to, from R. Juriansz.
1989-03-21 Service, Intervention of Holocaust.
1989-03-17 Affidavit, of Manuel Prutschi, with service Canadian Jewish Congress
1989-03-17 Motion for leave to intervene, With service Canadian Jewish Congress
1989-03-17 Affidavit, time to intervene of Manuel Prutschi, with service Canadian Jewish Congress
1989-03-17 Motion to extend time, time to intervene, with service Canadian Jewish Congress
1989-03-17 Correspondence (sent by the Court) to, from D. H. Christie
1989-03-16 General proceeding, to note letter dated Mar. 15/89 re: not supporting or opposing application for leave to intervene by Cdn. Holocaust & League for Human Rights, Attorney General of Canada
1989-03-14 Affidavit, With service Canadian Holocaust Remembrance Association
1989-03-14 Motion for leave to intervene, With service Canadian Holocaust Remembrance Association
1989-03-13 Affidavit, 2 copies, with service League for Human Rights of Bnai Brith Canada
1989-03-13 Motion for leave to intervene, 2 copies, with service League for Human Rights of Bnai Brith Canada
1989-02-14 Decision on the motion for leave to intervene, W, (granted to Canadian Civil Liberties Ass. They are to file a factum not exceeding 15 pages and confined to the first issue identified by the appellant on p.6 of his factum. Since this is a criminal appeal the applicant will address the constitutional issue in an objective fashion divorced from the facts of this particular case. Factum to be filed by April 3, 1989.)
Granted, no order as to costs
1989-02-14 Hearing of motion for leave to intervene, 1989-02-14, W
1989-02-14 Submission of motion for leave to intervene, 1989-02-14, W
1989-02-10 Service, of notice of intervention
1989-02-10 Hearing of motion for leave to intervene, 1989-02-10
Decision reserved
1989-02-10 Submission of motion for leave to intervene, 1989-02-10
Decision reserved
1989-02-10 Correspondence (sent by the Court) to, dated Feb 09/89 from Douglas Christie
1989-02-08 Correspondence (sent by the Court) to, dated Feb 07/89 from Russell Juriansz (Re: Not objecting to Cdn. Civil Liberties intervention)
1989-02-06 Affidavit, With service Canadian Civil Liberties Association
1989-02-06 Motion for leave to intervene, With service Canadian Civil Liberties Association
1989-01-06 Appeal perfected for hearing, Session beginning on 1989-01-23
1988-12-05 Appellant's factum, , 21 copies John Ross Taylor
1988-10-05 Order on miscellaneous motion, (Re: Books and authorities)
1988-10-04 Case on appeal, 21 copies John Ross Taylor
1988-09-08 Appeal court record
1988-09-08 Trial court record
1988-09-08 Certified casebook John Ross Taylor
1988-08-30 Decision on miscellaneous motion, for the AG Canada to submit more material, LaF
Granted, no order as to costs
1988-08-30 Hearing of miscellaneous motion, 1988-08-30, for the AG Canada to submit more material, LaF
1988-08-30 Submission of miscellaneous motion, 1988-08-30, for the AG Canada to submit more material, LaF
1988-08-30 Hearing of miscellaneous motion, 1988-08-30, for an order Granting the A.G. of Canada to submit as part of its book of authorities, the documents referred to in the affidavit of Virginia McRae-La Jeunesse
Decision reserved
1988-08-30 Submission of miscellaneous motion, 1988-08-30, for an order Granting the A.G. of Canada to submit as part of its book of authorities, the documents referred to in the affidavit of Virginia McRae-La Jeunesse
Decision reserved
1988-08-30 General proceeding, to note record returned to P. Lemieux (Federal Court Annex)
1988-08-26 Correspondence (sent by the Court) to, dated Aug 11/88 from D.H. Christie requesting satellite re: Aug 30/88 motion
1988-08-15 Service, of Notice of Intervention of AG Canada; Notice of Motion dated July 19/88; Affidavit in support of motion dated July 14/88; draft order
1988-08-09 General proceeding, to note filing of 2 copies of motion book; 2 copies if authorities; exhibits vol 1 & 2 on motion to submit more material Attorney General of Canada
1988-08-09 Response to miscellaneous motion, to submit more material John Ross Taylor
1988-08-09 Notice of miscellaneous motion, to sumbit more material Attorney General of Canada
1988-04-15 General proceeding, to note agreement to contents of case filed
1988-03-18 Notice of intervention respecting a constitutional question Attorney General of Quebec
1988-03-18 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1988-03-15 Notice of intervention respecting a constitutional question Attorney General for Ontario
1988-03-15 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1988-03-02 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1988-02-18 Notice of constitutional question(s), With service John Ross Taylor
1988-02-16 Order on motion to state a constitutional question
1988-02-11 Decision on the motion to state a constitutional question, for constitional question see file or Registrar's red book #6 p. 382. Interventions by March 18/88, CJ
Granted, no order as to costs
1988-02-11 Hearing of the motion to state a constitutional question, 1988-02-11, for constitional question see file or Registrar's red book #6 p. 382. Interventions by March 18/88, CJ
1988-02-11 Submission of motion to state a constitutional question, 1988-02-11, for constitional question see file or Registrar's red book #6 p. 382. Interventions by March 18/88, CJ
1988-02-08 Motion to state a constitutional question John Ross Taylor
1987-12-22 Correspondence received from, advising of judgment sent to R. Biljan (FCA Ottawa ON)
1987-12-21 Notice of appeal John Ross Taylor
1987-12-03 Judgment of the Court on the application for leave to appeal, McI La LeD
Granted, with costs in the cause
1987-10-02 Hearing of the application for leave to appeal, 1987-10-02, McI La LeD
Decision reserved
1987-10-02 All materials on application for leave submitted to the Judges, 1987-10-02, McI La LeD
Decision reserved
1987-09-28 General proceeding John Ross Taylor
1987-09-28 Intervener's memorandum of argument on application for leave, appendix (6 copies) Attorney General of Canada
1987-09-28 Intervener's memorandum of argument on application for leave, (6 copies), with service Attorney General of Canada
1987-09-24 Decision on motion for leave to intervene, filing of a memorandum provided that the oral submission of the respondent and the AG of Canada be limited to a total of 15 minutes, LeD
Granted, no order as to costs
1987-09-24 Hearing of motion for leave to intervene, 1987-09-24, filing of a memorandum provided that the oral submission of the respondent and the AG of Canada be limited to a total of 15 minutes, LeD
1987-09-24 Submission of motion for leave to intervene, 1987-09-24, filing of a memorandum provided that the oral submission of the respondent and the AG of Canada be limited to a total of 15 minutes, LeD
1987-09-23 Respondent's response on the application for leave to appeal, (5 copies), with service Canadian Human Rights Commission
1987-09-23 Correspondence received from, dated Sept 15/87 from D. Christie re: satellite hearing
1987-09-15 Response to the motion for leave to intervene Canadian Human Rights Commission
1987-09-15 Affidavit Attorney General of Canada
1987-09-15 Motion for leave to intervene Attorney General of Canada
1987-06-16 Decision on motion to extend time to file and /or serve the leave application, Time extended to Oct. 1/87, LeD
Granted, no order as to costs
1987-06-16 Hearing of motion to extend time to file and/ or serve the leave application, 1987-06-16, Time extended to Oct. 1/87, LeD
1987-06-16 Submission of motion to extend time to file and/ or serve the leave application, 1987-06-16, Time extended to Oct. 1/87, LeD
1987-06-15 Response to the motion to extend the time to file and / or serve the leave application Canadian Human Rights Commission
1987-06-15 Affidavit John Ross Taylor
1987-06-15 Motion to extend the time to file and or serve the application for leave to appeal, (2 copies) John Ross Taylor
1987-06-15 $30.00 filing fee, issued receipt #10789 John Ross Taylor
1987-06-15 Application for leave to appeal, (2 copies) (5 copies), Completed on: 1987-09-09 John Ross Taylor

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Taylor, John Ross Applicant Active
Western Guard Party Applicant Active

v.

Main parties - Respondents
Name Role Status
Canadian Human Rights Commission Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active
Canadian Civil Liberties Association Intervener Active
League for Human Rights of Bnai Brith Canada Intervener Active
Canadian Holocaust Remembrance Association Intervener Active
Canadian Jewish Congress Intervener Active
Women's Legal Education and Action Fund Intervener Active

Counsel

Party: Taylor, John Ross

Counsel
Douglas H. Christie
810 Courtney St.
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294

Party: Western Guard Party

Counsel
Douglas H. Christie
810 Courtney St.
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294

Party: Canadian Human Rights Commission

Counsel
Russell G. Juriansz
1501 - 65 QUEEN ST W
TORONTO, Ontario
M5H 2M5
Telephone: (416) 867-7590
FAX: (416) 867-7594
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
D. Martin Low, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997

Party: Attorney General of British Columbia

Counsel
E.N. Hughes, Q.C.
Attorney General of British Columbia
1001 DOUGLAS ST
VICTORIA, British Columbia
V8V 1X4
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Manitoba

Counsel
Tanner F.D. Elton
A.L. Berg
Attorney General of Manitoba
450 BROADWAY AVE
WINNIPEG, Manitoba
R3C 0V8
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General for Ontario

Counsel
Richard F. Chaloner, Q.C.
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Jean Chamberland
Jean Bouchard
Procureur général du Québec
1200 RTE DE L'ÉGLISE
9e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Agent
Robert Décary, c.r.
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Canadian Civil Liberties Association

Counsel
C. Jane Arnup
Marc Rosenberg
Greenspan & Associates
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: League for Human Rights of Bnai Brith Canada

Counsel
David Matas
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Holocaust Remembrance Association

Counsel
Robert P. Armstrong, Q.C.
Michael A. Penny
Tory Tory DesLauriers & Binningnton
3000 AETNA TOWER
PO BOX 270 STN TORONTO-DOMINION
TORONTO, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Jewish Congress

Counsel
Jeffrey W. Galway
Neil Finkelstein
Blake, Cassels & Graydon LLP
COMMERCE CT W
PO BOX 25 STN COMMERCE CRT
TORONTO, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653
Agent
Brian A. Crane, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Women's Legal Education and Action Fund

Counsel
Leslie Hardy
Kathleen Mahoney
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

December 20, 1984
Federal Court of Canada, Trial Division

T-4022-79

See File

April 22, 1987
Federal Court of Appeal

A-1208-84

Appeal Dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-02-27