Case information
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21222
Canada Employment and Immigration Commission, et al. v. Marcelle Tétreault-Gadoury
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1992-01-08 | Appeal closed | |
| 1991-06-13 | Copy of formal judgment being prepared, Department of Justice (Ottawa,ON) | |
| 1991-06-13 | Copy of formal judgment being prepared, Department of Justice Canada (Ottawa,ON) | |
| 1991-06-13 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-06-13 | Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON) | |
| 1991-06-13 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa,ON) | |
| 1991-06-06 | Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa,ON) | |
| 1991-06-06 | Notice of deposit of judgment sent to all parties, Procureur général du Canada (Ottawa,ON) | |
| 1991-06-06 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-06-06 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa,ON) | |
| 1991-06-06 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1991-06-06 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL St Ia, The appeal is allowed solely on the ground that, under the circumstances in which this appeal arose before it, the Federal Court of Appeal had no jurisdiction to finally determine that the former s. 31 of the Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, in inconsistent with s. 15(1) of the Canadian Charter of Rights and Freedoms. The appropriate forum for the adjudication of this constitutional question, the principles governing which are set forth in the reasons for judgment, is an umpire established pursuant to the above Act. Allowed, no order as to costs |
|
| 1991-02-12 | General proceeding, transcripts received and distributed to the justices (124 pages) | |
| 1991-01-30 |
Hearing of the appeal, 1991-01-30, CJ LaF L'HD So G Co McL St Ia Decision reserved |
|
| 1991-01-29 | Book of authorities, 10 copies, avec signification | Cuddy Chicks Limited |
| 1991-01-29 | Service, des addendum au mémoire | |
| 1991-01-29 | Service, of factum | |
| 1991-01-28 | Intervener's factum, 21 copies, avec signification | Ontario Labour Relations Board |
| 1991-01-28 | Intervener's factum, 21 copies, avec signification | United Food and Commercial Workers International Union, Local 175 |
| 1991-01-28 | Intervener's factum, 21 copies, avec signification | Cuddy Chicks Limited |
| 1991-01-28 | Order on motion for leave to intervene, Avec signification | |
| 1991-01-25 |
Decision on the motion for leave to intervene, to file a factum and to present oral argument of é 10 minutes,, CJ Granted, no order as to costs |
|
| 1991-01-25 | Hearing of motion for leave to intervene, 1991-01-25, to file a factum and to present oral argument of é 10 minutes,, CJ | |
| 1991-01-25 | Submission of motion for leave to intervene, 1991-01-25, to file a factum and to present oral argument of é 10 minutes,, CJ | |
| 1991-01-23 | Service, of Respondent's factum; authorities | |
| 1991-01-23 |
Decision on the motion for leave to intervene, file a factum and to present oral argument of 10 minutes,, CJ Granted, no order as to costs |
|
| 1991-01-23 | Hearing of motion for leave to intervene, 1991-01-23, file a factum and to present oral argument of 10 minutes,, CJ | |
| 1991-01-23 | Submission of motion for leave to intervene, 1991-01-23, file a factum and to present oral argument of 10 minutes,, CJ | |
| 1991-01-22 | Response to the motion for leave to intervene, of Cuddy Chicks (NOT CONSENTING OR OBJECTING) | Marcelle Tétreault-Gadoury |
| 1991-01-22 | General proceeding, 21 copies Addendum au mémoire des appelants | Canada Employment and Immigration Commission |
| 1991-01-21 | Response to the motion for leave to intervene, of Cuddy Chicks Limited | Canada Employment and Immigration Commission |
| 1991-01-21 | Affidavit, 3 copies; Patrick E. Hurley, avec signification | Cuddy Chicks Limited |
| 1991-01-21 | Motion for leave to intervene, 2 copies, avec signification | Cuddy Chicks Limited |
| 1991-01-18 |
Appeal hearing scheduled, 1991-01-30 Decision reserved |
|
| 1991-01-18 | Response to the motion for leave to intervene | Marcelle Tétreault-Gadoury |
| 1991-01-18 | Response to the motion for leave to intervene | Canada Employment and Immigration Commission |
| 1991-01-18 | Affidavit, Douglas J. Wray | United Food and Commercial Workers International Union, Local 175 |
| 1991-01-18 | Motion for leave to intervene | United Food and Commercial Workers International Union, Local 175 |
| 1991-01-18 | Respondent's factum, 21 copies | Marcelle Tétreault-Gadoury |
| 1991-01-18 | Book of authorities, 10 copies of vols. 1 and 2 | Marcelle Tétreault-Gadoury |
| 1991-01-18 | Book of authorities, 10 copies | Marcelle Tétreault-Gadoury |
| 1991-01-16 | Order on motion for leave to intervene | |
| 1991-01-11 |
Decision on the motion for leave to intervene, and to file a factum and also present oral argument., McL Granted, no order as to costs |
|
| 1991-01-11 | Hearing of motion for leave to intervene, 1991-01-11, and to file a factum and also present oral argument., McL | |
| 1991-01-11 | Submission of motion for leave to intervene, 1991-01-11, and to file a factum and also present oral argument., McL | |
| 1991-01-10 | Correspondence (sent by the Court) to, (by fax) from Jean-Guy Ouellet informing that he does not oppose to the intervention of Ontario Labour Relations Board | |
| 1991-01-09 | Correspondence (sent by the Court) to, from Gaspard Coté informing that he does not oppos e intervention of Ontario Labour Relations Board | |
| 1991-01-09 | Response to the motion for leave to intervene | Canada Employment and Immigration Commission |
| 1991-01-09 | Affidavit, Stephen T. Goudge, avec signification | Ontario Labour Relations Board |
| 1991-01-09 | Motion for leave to intervene, Avec signification | Ontario Labour Relations Board |
| 1990-12-28 | Notice of hearing, 2 copies, avec signification | Canada Employment and Immigration Commission |
| 1990-12-20 | General proceeding, transcripts received and distributed to the justic es (8 pages) | |
| 1990-12-14 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ L'HD So G McL Granted, no order as to costs |
|
| 1990-12-14 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-12-14, CJ L'HD So G McL | |
| 1990-12-14 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-12-14, CJ L'HD So G McL | |
| 1990-12-13 | General proceeding, 7 copies of SYNOPSIS for the appeal be deemed not abandoned | Canada Employment and Immigration Commission |
| 1990-12-10 | Service, de la requête aux fins de faire déclarer le pourvoi non abondonné | |
| 1990-12-10 | Appeal perfected for hearing, Session beginning on 1991-01-21 | |
| 1990-12-10 | Service, 1 served copy of factum, avec signification | |
| 1990-12-10 | Affidavit, 5 copies; Carole Bureau | Canada Employment and Immigration Commission |
| 1990-12-10 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 5 copies | Canada Employment and Immigration Commission |
| 1990-12-10 | Book of authorities, 10 copies; cahier des textes législatifs 10 copies | Canada Employment and Immigration Commission |
| 1990-12-10 | Affidavit, de Carole Bureau; cause inscrite; mémoire des appelants; jurisprudence, avec signification | Canada Employment and Immigration Commission |
| 1990-11-30 | Appellant's factum, 21 copies | Canada Employment and Immigration Commission |
| 1990-11-30 | Affidavit, 2 copies, Carole Bureau | Canada Employment and Immigration Commission |
| 1990-11-30 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 2 copies | Canada Employment and Immigration Commission |
| 1990-11-26 | Notice of withdrawal, Avec signification | Attorney General for Ontario |
| 1990-11-23 | Notice of withdrawal, Avec signification | Attorney General of Saskatchewan |
| 1990-11-22 | Notice of withdrawal, Avec signification | Attorney General of Saskatchewan |
| 1990-10-02 | General proceeding, Re: Order by the Chief Justice ordering that the parties (appellants & respondent) be intervenors in the case of Cuddy Chicks #21675. For details see hearing of the motion to inscribe notwithstanding late filing of the appellants factum dated Sept/21/90., | Canada Employment and Immigration Commission |
| 1990-09-21 |
Decision on motion to expedite the appeal, CJ, ***Since this motion has been dismissed, their will be no decisions on the other two requests. It is also orderd that the appellants; la Commission de l'emploi et le Sous-Procureur général du Canada and the respondent Marcelle Tétrault-Gadoury be intervenors in the case of"Cuddy Chicks Limited v. Ontario Labour Relations Board et al". Factum of both appellants are to be filed by Sept\26\90. The respondent will have three (3) weeks starting Sept\26\90. Factums are not to exceed 40 pages and oral submissions will be no longer than 30min. Dismissed, no order as to costs |
|
| 1990-09-21 | Hearing of motion to expedite the appeal, 1990-09-21, CJ | |
| 1990-09-21 | Submission of motion to expedite the appeal, 1990-09-21, CJ | |
| 1990-09-19 | Correspondence (sent by the Court) to, from Robert Houston, re: takes no position with respect of the motion for a lenghty factum | |
| 1990-09-14 | Affidavit, of Carole Bureau | Canada Employment and Immigration Commission |
| 1990-09-14 | Motion for additional time to present oral argument, (2 hours) | Canada Employment and Immigration Commission |
| 1990-09-14 | Affidavit, of Carole Bureau | Canada Employment and Immigration Commission |
| 1990-09-14 | Motion to expedite the appeal | Canada Employment and Immigration Commission |
| 1990-09-14 | Affidavit, of Carole Bureau | Canada Employment and Immigration Commission |
| 1990-09-14 | Motion to file a lengthy factum | Canada Employment and Immigration Commission |
| 1990-08-28 | Correspondence (sent by the Court) to, from Gaspard Coté re filing of appellant's factum | |
| 1990-05-22 | Case on appeal, 21 copies of vols 1 to 3 | Canada Employment and Immigration Commission |
| 1989-12-18 | Notice of intervention respecting a constitutional question, Avec signification | Attorney General of Saskatchewan |
| 1989-12-12 | Notice of intervention respecting a constitutional question, 2 copies, avec signification | Attorney General for Ontario |
| 1989-12-01 | Notice of constitutional question(s), Avec signification | Canada Employment and Immigration Commission |
| 1989-11-22 | Order on motion to state a constitutional question | |
| 1989-11-17 |
Decision on the motion to state a constitutional question, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.268 . Interventions by Dec. 20/89). (for reasons see file), La Granted, no order as to costs |
|
| 1989-11-17 | Hearing of the motion to state a constitutional question, 1989-11-17, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.268 . Interventions by Dec. 20/89). (for reasons see file), La | |
| 1989-11-17 | Submission of motion to state a constitutional question, 1989-11-17, (for Constitutional Questions see file or Reg's Red Bk #7 @ p.268 . Interventions by Dec. 20/89). (for reasons see file), La | |
| 1989-10-24 |
Hearing of the motion to state a constitutional question, 1989-10-24, & to extend time to do so. Decision reserved |
|
| 1989-10-24 |
Submission of motion to state a constitutional question, 1989-10-24, & to extend time to do so. Decision reserved |
|
| 1989-10-13 | Response to the motion to state a constitutional question | Marcelle Tétreault-Gadoury |
| 1989-10-13 | Motion to state a constitutional question, Avec signification | Canada Employment and Immigration Commission |
| 1989-10-13 | Motion to extend time, to state constitutional questions,, avec signification | Canada Employment and Immigration Commission |
| 1989-09-05 | Notice of appeal, 2 copies, avec signification | Canada Employment and Immigration Commission |
| 1989-06-12 | Close file on Leave | |
| 1989-06-12 | Notice of deposit of judgment issued to all parties, Noel, Décary, Aubry & Associés (Hull, Qc) | |
| 1989-06-12 | Notice of deposit of judgment issued to all parties, Attorney General of Canada (Ott., Ont.) | |
| 1989-06-08 |
Judgment of the Court on the application for leave to appeal, La L'HD G, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1989-06-08 | Hearing of the application for leave to appeal, 1989-06-08, La L'HD G | |
| 1989-06-08 | All materials on application for leave submitted to the Judges, 1989-06-08, La L'HD G | |
| 1989-02-06 | All materials on application for leave submitted to the Judges, La L'HD G | |
| 1988-12-12 | Respondent's response on the application for leave to appeal, , 5 copies, avec signification | Marcelle Tétreault-Gadoury |
| 1988-11-21 | Application for leave to appeal, 5 copies of volumes 1 to 3, avec signification, Completed on: 1988-11-21 | Canada Employment and Immigration Commission |
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
| Name | Role | Status |
|---|---|---|
| Canada Employment and Immigration Commission | Applicant | Active |
| Deputy Attorney General of Canada | Applicant | Active |
| Attorney General of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Tétreault-Gadoury, Marcelle | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Ontario Labour Relations Board | Intervener | Active |
| United Food and Commercial Workers International Union, Local 175 | Intervener | Active |
| Cuddy Chicks Limited | Intervener | Active |
Counsel
Party: Canada Employment and Immigration Commission
Counsel
Carole Bureau
200, boul. René-Lévesque Ouest
9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4975
Agent
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: Deputy Attorney General of Canada
Counsel
200, boul. René-Lévesque Ouest
9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4975
Agent
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Party: Attorney General of Canada
Counsel
200, boul. René-Lévesque Ouest
9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4975
Agent
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Party: Tétreault-Gadoury, Marcelle
Counsel
Gilbert Nadon
6839 A Rue drolet Bureau 301
CP 127 Succrsale "R"
Montréal, Quebec
H2S 2K6
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Ontario Labour Relations Board
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: United Food and Commercial Workers International Union, Local 175
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Cuddy Chicks Limited
This party is not represented by counsel.
Summary
Keywords
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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.
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Lower court rulings
Federal Administrative Tribunals of Quebec
2384-662
Décision de la commission appelante confirmée
Federal Court of Appeal
A-760-86
Décision du conseil arbitral annulée
Filed documents
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 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 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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Related links
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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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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