Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
| Canada Employment and Immigration Commission | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Schachter, Shalom | Respondent | Active |
| Women's Legal Education and Action Fund | Respondent | Active |
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
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
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
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
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-0276
Party: Schachter, Shalom
Counsel
Lawrence E. Ritchie
1 First Canadian Place
66th Floor
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6659
FAX: (416) 862-6666
Agent
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
Jenifer Aitken
200 - 8 PRICE ST
TORONTO, Ontario
M4W 1Z4
Telephone: (416) 920-3030
FAX: (416) 920-3033
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Attorney General of British Columbia
Counsel
6th Floor
1001 Douglas Street
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8875
FAX: (250) 356-9154
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Newfoundland
Counsel
CONFEDERATION BLDG
PO BOX 8700
ST JOHN'S, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-5942
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
Jean-Yves Bernard
1200 RTE DE L'ÉGLISE
2e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
FAX: (418) 646-1696
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of New Brunswick
Counsel
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
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
4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-1242
FAX: (780) 425-0307
Agent
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
Ross Macnab
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
Agent
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
Lori Sterling
720 BAY ST
7TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Minority Advocacy Rights Council
Counsel
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
Federal Court of Canada, Trial Division
T-2345-86
Declaratory relief granted
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
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
Not available
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.
Downloadable PDFs
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