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21889

Her Majesty the Queen, et al. v. Shalom Schachter, et al.

(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)
1994-07-15 Appeal closed
1992-11-16 Correspondence (sent by the Court) to, sent to Federal Court of Appeal (Ottawa,ON) Re: Court records sent back.
1992-08-04 Formal judgment sent to the registrar of the court of appeal and all parties, Court of Appeal Ottawa (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Noë0, Berthiaume, Aubry & Associés (Hull,QC)
1992-08-04 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Grant, Binavince, Dawn (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Osler, Hoskin & Harcourt (Ottawa,ON)
1992-08-04 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Noël Berthiaume & Associés (Hull,QC)
1992-07-09 Notice of deposit of judgment sent to all parties, The Deputy Attorney General of Canada (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Grant, Binavince, Dawn (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1992-07-09 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1992-07-09 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL, The appeal is allowed. The judgment of the trial judge is set aside. The respondent is awarded solicitor-client costs.
Allowed, no order as to costs
1992-07-06 Correspondence (sent by the Court) to, from Emilio S. Binavince; re: change of address
1992-01-06 General proceeding, Transcripts received (199.pgs) & distributed to the Justices.
1991-12-12 Book of authorities, 8 copies distributed in Court Minority Advocacy Rights Council
1991-12-11 Correspondence (sent by the Court) to, (original) from Brian Morgan re: additional submission under s. 24 of the charter; will be relying on the case of Solosky V The Queen
1991-12-11 General proceeding, 10 copies of SOLOSKY V. QUEEN Shalom Schachter
1991-12-10 Correspondence (sent by the Court) to, (by fax) from Brian Morgan; re: additional submission under s. 24 of the Charter; will be relying on the case on Solosky v. The Queen
1991-12-10 Hearing of the appeal, 1991-12-10, CJ LaF L'HD So G Co McL
Decision reserved
1991-12-09 Book of authorities, 10 copies, with service Attorney General of British Columbia
1991-12-09 Book of authorities, 10 copies, with service Attorney General for Ontario
1991-12-06 Intervener's factum, 23 copies, with service Attorney General of Saskatchewan
1991-12-06 Affidavit, of service of intervener's factum Minority Advocacy Rights Council
1991-12-06 Service, of intervenner's factum
1991-12-06 Service, of factum
1991-12-05 Correspondence (sent by the Court) to, proposed schedule for the hearing
1991-12-04 Service, copy of intervener's factum
1991-12-04 Service, copy of intervener's factum
1991-12-03 Intervener's factum, 21 copies, with service Attorney General for Ontario
1991-12-02 Intervener's factum, 20 copies, with service Attorney General of Alberta
1991-11-29 Intervener's factum, 21 copies, with service Attorney General of British Columbia
1991-11-29 Intervener's factum, 21 copies Minority Advocacy Rights Council
1991-11-28 Book of authorities, (JOINT) 10 copies of vol. I to V Her Majesty the Queen
1991-11-28 Book of authorities, 10 copies of LEGISLATION Her Majesty the Queen
1991-11-28 Intervener's factum, 21 copies, with service Attorney General of Newfoundland
1991-11-22 Intervener's factum, 21 copies, with service Attorney General of New Brunswick
1991-11-21 Intervener's factum, 20 copies Attorney General of New Brunswick
1991-11-21 Service, of factum
1991-11-19 Intervener's factum, 24 copies, with service Attorney General of Quebec
1991-11-18 Correspondence (sent by the Court) to, from Gabriel Bourgeois requesting Teleconference on Dec\12\91
1991-11-18 Respondent's factum, 21 copies (20 copies returned for correction), with service Women's Legal Education and Action Fund
1991-11-18 Response to motion to extend time, to file the intervenor's factum Women's Legal Education and Action Fund
1991-11-18 Correspondence (sent by the Court) to, fr. Nelligan/Power re: consent to ext. of time to file intervenor factum
1991-11-15 Decision on motion to extend time, to file the intervenor's factum to Nov\29\1991,, LaF
Granted, no order as to costs
1991-11-15 Hearing of motion to extend time, 1991-11-15, to file the intervenor's factum to Nov\29\1991,, LaF
1991-11-15 Submission of motion to extend time, 1991-11-15, to file the intervenor's factum to Nov\29\1991,, LaF
1991-11-14 Service, of motion to ext. time for filing factum of intervenor I09 Minority Rights Council
1991-11-14 Response to motion to extend time, to file intervenor I09 Minority Advocacy Rights Council Shalom Schachter
1991-11-13 Correspondence (sent by the Court) to, of David Sgayias taking no position with respect to the motion for extension of time to Nov. 29, 1991
1991-11-12 Affidavit, to file the intervener's factum (of Israel S. Gencher), with service Minority Advocacy Rights Council
1991-11-12 Motion to extend time, to file the intervener's factum to Nov. 29, 1991, with service Minority Advocacy Rights Council
1991-10-11 Respondent's factum, 21 copies (returned from correction Oct. 28, 1991), with service Shalom Schachter
1991-10-07 Order on motion for leave to intervene, With service
1991-10-02 Appeal hearing scheduled, 1991-12-10
Decision reserved
1991-09-26 Correspondence (sent by the Court) to, from E. Binavince sent to D. Sgayias; re: intervention
1991-09-26 Correspondence (sent by the Court) to, from David Sgayias sent to E. Binavince; re intervention of Minority Advocacy and Rights Council
1991-09-26 Correspondence (sent by the Court) to, from David Sgayias; re: takes no position in respect of the intervention of Minority Advocacy and Rights Council
1991-09-26 Decision on the motion for leave to intervene, Factum is not to exceed 20 pages, and is to be filed no later than Nov\15\1991., St
Granted, no order as to costs
1991-09-26 Hearing of motion for leave to intervene, 1991-09-26, Factum is not to exceed 20 pages, and is to be filed no later than Nov\15\1991., St
1991-09-26 Submission of motion for leave to intervene, 1991-09-26, Factum is not to exceed 20 pages, and is to be filed no later than Nov\15\1991., St
1991-09-26 Decision on motion to extend time, St
Granted, no order as to costs
1991-09-26 Hearing of motion to extend time, 1991-09-26, St
1991-09-26 Submission of motion to extend time, 1991-09-26, St
1991-09-25 Response to motion to extend time, to serve and file the notice of intervention of Minority Advocacy Rights Council Shalom Schachter
1991-09-19 Affidavit, to serve and file a notice of intervention; Lilian Ma Minority Advocacy Rights Council
1991-09-19 Motion to extend time, to serve and file a notice of intervention Minority Advocacy Rights Council
1991-09-19 Affidavit, of Lilian Ma, with service Minority Advocacy Rights Council
1991-09-19 Motion for leave to intervene, With service Minority Advocacy Rights Council
1991-08-22 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-07-24 Order on motion to add or substitute parties
1991-05-14 Appellant's factum, 21 copies, with service Her Majesty the Queen
1991-05-06 Case on appeal, 21 copies, with service Her Majesty the Queen
1991-04-24 Appeal court record, 2 boxes (with Trial record)
1991-04-24 Trial court record, 2 boxes (with C/A record)
1991-04-24 Certified casebook Her Majesty the Queen
1991-04-15 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1991-04-15 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1991-04-15 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1991-04-15 Service, de l'avis d'intention d'intervenir
1991-04-12 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1991-04-12 Notice of intervention respecting a constitutional question, 2 copies Attorney General of Quebec
1991-04-11 Notice of intervention respecting a constitutional question Attorney General of Newfoundland
1991-03-28 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1991-03-21 Notice of constitutional question(s), With service Her Majesty the Queen
1991-03-20 Order on motion to state a constitutional question, With service
1991-03-15 Decision on motion to add or substitute parties, LaF, " Having regard to the fact that the applicant was accorded full status as a party and proceeded and was dealt wit as such in the courts below and in the proceedings before this Court until Notice of Appeal was given, the orders sought in clauses (a) (c), and (d) in the first paragraph of the Notice of Motion are granted. a) an order declaring the Applicant to be a party to this appeal. c)an order of its costs of the motion against the Attorney General of Canada; and d) an order abridging the time for service of this notice of motion.
Granted, no order as to costs
1991-03-15 Hearing of motion to add or substitute parties, 1991-03-15, LaF
1991-03-15 Submission of motion to add or substitute parties, 1991-03-15, LaF
1991-03-14 Decision on the motion to state a constitutional question, " For Constitutional Questions see Reg's red book #8 @ p.80. Notices of intervention to be filed by Apr/15/91., CJ
Granted, no order as to costs
1991-03-14 Hearing of the motion to state a constitutional question, 1991-03-14, " For Constitutional Questions see Reg's red book #8 @ p.80. Notices of intervention to be filed by Apr/15/91., CJ
1991-03-14 Submission of motion to state a constitutional question, 1991-03-14, " For Constitutional Questions see Reg's red book #8 @ p.80. Notices of intervention to be filed by Apr/15/91., CJ
1991-03-13 Decision on motion to add or substitute parties
Traversed, no order as to costs
1991-03-13 Hearing of motion to add or substitute parties, 1991-03-13
Decision reserved
1991-03-13 Submission of motion to add or substitute parties, 1991-03-13
Decision reserved
1991-03-12 Affidavit, 2 copies; Jenifer E. Aitken; to be added as Respondent, with service Women's Legal Education and Action Fund
1991-03-12 Motion to add or substitute parties, 2 copies; to be added as Respondent, with service Women's Legal Education and Action Fund
1991-03-07 Decision on the motion for leave to intervene, G
Dismissed, no order as to costs
1991-03-07 Hearing of motion for leave to intervene, 1991-03-07, G
1991-03-07 Submission of motion for leave to intervene, 1991-03-07, G
1991-03-05 Motion to state a constitutional question, With service Her Majesty the Queen
1991-02-27 Correspondence (sent by the Court) to, (by fax) from Edward J. Babin informing that he is taking no position on leave to intervene by Mr. L. Motuz
1991-02-27 Hearing of motion for leave to intervene, 1991-02-27
Decision reserved
1991-02-27 Submission of motion for leave to intervene, 1991-02-27
Decision reserved
1991-01-28 Order granting leave to appeal, With service
1990-12-21 Notice of appeal, With service Her Majesty the Queen
1990-12-12 General proceeding, Mike Larmour has advised all parties that the intervention retunable Dec/14/90/ is postponed to a date to be determined by the registrar after the filing of the notice of appeal.
1990-12-03 Motion for leave to intervene, With service Larry Motuz
1990-11-16 Close file on Leave
1990-11-15 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa,ON)
1990-11-15 Notice of deposit of judgment issued to all parties, Osler, Hoskin & Harcourt (Ottawa,ON)
1990-11-15 Notice of deposit of judgment issued to all parties, Eric A. Bowie, Q.C., C/O Dept. of Justice (Ottawa,ON)
1990-11-15 Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted. The Respondent Shalom Schachter shall be entitled to hsi costs of this application and of the appeal in any event of the cause.
Granted, with costs in the cause
1990-11-15 Hearing of the application for leave to appeal, 1990-11-15, W So McL
1990-11-15 All materials on application for leave submitted to the Judges, 1990-11-15, W So McL
1990-06-12 Correspondence received from, from J.E. Aitken, re: taking no position with respect to the motion to intervene from Larry Motuz Women's Legal Education and Action Fund
1990-06-12 Correspondence received from, by fax from Jenifer E. Aitken re taking no position on Mr. Motuz motion for leave to intervene Women's Legal Education and Action Fund
1990-06-12 Decision on motion for leave to intervene, (without prejudice to it being renewed should leave to appeal be granted), So
Dismissed, no order as to costs
1990-06-12 Hearing of motion for leave to intervene, 1990-06-12, (without prejudice to it being renewed should leave to appeal be granted), So
1990-06-12 Submission of motion for leave to intervene, 1990-06-12, (without prejudice to it being renewed should leave to appeal be granted), So
1990-06-08 Correspondence received from, from Lawrence E. Ritchie re respondent takes no position on Mr. Motuz motion for leave to intervene Shalom Schachter
1990-06-06 All materials on application for leave submitted to the Judges, W So McL
1990-05-23 Affidavit, and for an extension of time Larry Motuz
1990-05-23 Motion for leave to intervene Larry Motuz
1990-05-23 Motion to extend time, for leave to intervene Larry Motuz
1990-04-19 Respondent's response on the application for leave to appeal, 5 copies, with service Women's Legal Education and Action Fund
1990-04-19 Respondent's response on the application for leave to appeal, 5 copies, with service Shalom Schachter
1990-04-02 $30.00 filing fee, receipt #16856 Her Majesty the Queen
1990-04-02 Application for leave to appeal, 5 copies, with service, Completed on: 1990-04-02 Her Majesty the Queen

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
Her Majesty the Queen Applicant Active
Canada Employment and Immigration Commission Applicant Active

v.

Main parties - Respondents
Name Role Status
Schachter, Shalom Respondent Active
Women's Legal Education and Action Fund Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
Attorney General of Newfoundland Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General for Ontario Intervener Active
Minority Advocacy Rights Council Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Roslyn J. Levine, Q.C.
Contact information
Attorney General of Canada
130 King Street West, Suite 3400
Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9201
FAX: (416) 973-3004
Email: roslyn.levine@justice.gc.ca
Agent
Name
David Sgayias, Q.C.
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-0276

Party: Canada Employment and Immigration Commission

Counsel
Name
Roslyn J. Levine, Q.C.
Contact information
Attorney General of Canada
130 King Street West, Suite 3400
Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9201
FAX: (416) 973-3004
Email: roslyn.levine@justice.gc.ca
Agent
Name
David Sgayias, Q.C.
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-0276

Party: Schachter, Shalom

Counsel
Names
Brian G. Morgan
Lawrence E. Ritchie
Contact information
Osler, Hoskin & Harcourt
1 First Canadian Place
66th Floor
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6659
FAX: (416) 862-6666
Agent
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Women's Legal Education and Action Fund

Counsel
Names
Mary A. Eberts
Jenifer Aitken
Contact information
Eberts Symes Street & Corbett
200 - 8 PRICE ST
TORONTO, Ontario
M4W 1Z4
Telephone: (416) 920-3030
FAX: (416) 920-3033
Agent
Name
Susan E. Hodgson
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Attorney General of British Columbia

Counsel
Name
George H. Copley, Q.C.
Contact information
Attorney General of British Columbia
6th Floor
1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8875
FAX: (250) 356-9154
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Newfoundland

Counsel
Name
B. Gale Welsh, Q.C.
Contact information
Attorney General of Newfoundland and Labrador
CONFEDERATION BLDG
PO BOX 8700
ST JOHN'S, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-5942
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Names
Madelaine Aubé
Jean-Yves Bernard
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
FAX: (418) 646-1696
Agent
Name
Sylvie Roussel
Contact information
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: Attorney General of New Brunswick

Counsel
Name
Gabriel Bourgeois, Q.C.
Contact information
Attorney General of New Brunswick
P.O. Box 6000, Room 444
670 King St., Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275
Agent
Name
Brian A. Crane, Q.C.
Contact information
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 Alberta

Counsel
Name
Stanley H. Rutwind
Contact information
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
FAX: (780) 425-0307
Agent
Name
Brian A. Crane, Q.C.
Contact information
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 Saskatchewan

Counsel
Names
Brian Barrington-Foote, Q.C.
Ross Macnab
Contact information
Attorney General for Saskatchewan
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
Agent
Name
Brian A. Crane, Q.C.
Contact information
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 for Ontario

Counsel
Names
Elizabeth C. Goldberg
Lori Sterling
Contact information
Attorney General for Ontario
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Minority Advocacy Rights Council

Counsel
Name
Emilio S. Binavince
Contact information
Grant, Binavince, Dawn
501 - 331 COOPER ST
OTTAWA, Ontario
K2P 0G5
Telephone: (613) 235-2212
FAX: (613) 235-5294

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

August 30, 1988
Federal Court of Canada, Trial Division

T-2345-86

Declaratory relief granted

February 16, 1990
Federal Court of Appeal

A-1002-88

Appeal dismissed

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

Not available

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

Not available

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.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13