Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21920
Minister of Employment and Immigration v. Joseph (Giuseppe) Chiarelli
(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) |
|---|---|---|
| 1993-09-22 | Certificate of taxation issued to, Department of Justice (Brian Tittemore) | |
| 1993-09-22 | Fee on taxation $30.00, receipt #27546 | Minister of Employment and Immigration |
| 1993-09-03 | Decision on the bill of costs, by the Registrar at $6,220.44 | |
| 1993-08-31 | Proof of service, of Notice of appointment and bill of costs | |
| 1993-08-31 | Correspondence (sent by the Court) to, from David Sgayias, Q.C.; re: explaining item 16 on the bill of costs in the amount of $5,412.40 | |
| 1993-08-31 | Correspondence (sent by the Court) to, (by fax) from I. Koziebrocki; re: will not be present at the taxation; does not consent to the Bill of Costs | |
| 1993-08-25 | Proof of service, of appointment to tax and bill of costs by fax | |
| 1993-08-25 | Affidavit, of Michelle Morrow proving that the bill of costs were first sent to Irwin Koziebrocki on May 29/92 | Minister of Employment and Immigration |
| 1993-08-25 | Notice of appointment to tax the bill of costs, returnable on Sept. 3/93 | |
| 1993-08-25 | Late taxation on the bill of costs | |
| 1992-05-28 | Appeal closed | |
| 1992-05-14 | Record returned to the Registrar of the Court of Appeal, Federal Court (Ottawa,ON) | |
| 1992-04-01 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1992-04-01 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1992-04-01 | Copy of formal judgment being prepared, Eric A. Bowie c/o Dept. of Justice (Ottawa,ON) | |
| 1992-04-01 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1992-03-26 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1992-03-26 | Notice of deposit of judgment sent to all parties, Eric A. Bowie, c/o Dept. of Justice (Ottawa,On) | |
| 1992-03-26 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1992-03-26 |
Judgment on the appeal rendered, LaF L'HD So G Co McL St, The appeal is allowed and the cross-appeal is dismissed, both with costs. Allowed, with costs |
|
| 1991-11-13 | General proceeding, transcripts received and distributed to the justices (101 pages) | |
| 1991-10-28 |
Hearing of the appeal, 1991-10-28, LaF L'HD So G Co McL St Decision reserved |
|
| 1991-10-25 | Service, of book of authorities | |
| 1991-10-25 | General proceeding, 10 copies of S.C.C. reasons in Pearlman (stapled in the back of the book of authorities) | Security Intelligence Review Committee |
| 1991-10-25 | Correspondence (sent by the Court) to, from David Sgayias, Q.C.; re: he will be pleading for the appellant, G.N. Sparrow for the respondent, schedule enclosed | |
| 1991-10-24 | Service, of factum | |
| 1991-10-24 | Book of authorities, 10 copies | Security Intelligence Review Committee |
| 1991-10-24 | Service, of factum and cross-appeal | |
| 1991-10-21 | Book of authorities, 10 copiess of vols. 1 to 4 | Minister of Employment and Immigration |
| 1991-10-18 | Intervener's factum, 24 copies | Security Intelligence Review Committee |
| 1991-10-17 | Appellant's factum, ON CROSS-APPEAL, 24 copies, with service | Minister of Employment and Immigration |
| 1991-10-02 |
Appeal hearing scheduled, 1991-10-28 Decision reserved |
|
| 1991-10-01 | Respondent's factum, 21 copies (AND CROSS-APPEAL) | Joseph (Giuseppe) Chiarelli |
| 1991-05-30 | Order on motion for leave to intervene | |
| 1991-05-23 | Correspondence (sent by the Court) to, (by fax) from Joseph de Pencier confirming that he is taking no position on motion to intervene of Security Intelligence Review Committee | |
| 1991-05-23 |
Decision on the motion for leave to intervene, " factum is limited to 20 pages and oral argument is limited to 15 minutes.", G Granted, no order as to costs |
|
| 1991-05-23 | Hearing of motion for leave to intervene, 1991-05-23, " factum is limited to 20 pages and oral argument is limited to 15 minutes.", G | |
| 1991-05-23 | Submission of motion for leave to intervene, 1991-05-23, " factum is limited to 20 pages and oral argument is limited to 15 minutes.", G | |
| 1991-05-21 | Service, of notice of motion for intervention | |
| 1991-05-17 | Affidavit, and extension for doing so; 2 copies; Maurice Archdeacon | Security Intelligence Review Committee |
| 1991-05-17 | Motion for leave to intervene, and extension for doing so; 2 copies | Security Intelligence Review Committee |
| 1991-05-02 | Notice of hearing, With service | Minister of Employment and Immigration |
| 1991-04-16 | Order on motion to expedite the appeal, of the case on appeal and the appellant's factum, with service | |
| 1991-04-16 |
Decision on motion to expedite the appeal, of the case on appeal and the appellant's factum, Reg Granted, no order as to costs |
|
| 1991-04-16 | Hearing of motion to expedite the appeal, 1991-04-16, of the case on appeal and the appellant's factum, Reg | |
| 1991-04-16 | Submission of motion to expedite the appeal, 1991-04-16, of the case on appeal and the appellant's factum, Reg | |
| 1991-04-15 | Case on appeal, 20 copies of vols. 1 to 4 | Minister of Employment and Immigration |
| 1991-04-15 | Book of authorities, 10 copies | Minister of Employment and Immigration |
| 1991-04-15 | Appellant's factum, 21 copies, with service | Minister of Employment and Immigration |
| 1991-04-15 | Appeal perfected for hearing, Session beginning on 1991-04-29, With service | |
| 1991-04-15 | Response to motion to expedite the appeal, of Case on Appeal and Appellant's factum | Joseph (Giuseppe) Chiarelli |
| 1991-04-15 | Affidavit, of Case on Appeal and Factum; Susan D. Clarke, with service | Minister of Employment and Immigration |
| 1991-04-15 | Motion to expedite the appeal, of Case on Appeal and Factum, with service | Minister of Employment and Immigration |
| 1991-04-12 | Certified casebook, vols. 1 to 4 | Minister of Employment and Immigration |
| 1991-04-12 | Appeal court record, 1 accordion file | |
| 1991-04-04 | Agreement as to contents of case, (original) | Minister of Employment and Immigration |
| 1991-03-07 | Notice of constitutional question(s), With service | Minister of Employment and Immigration |
| 1991-03-06 | Order on motion to state a constitutional question, (joint order), with service | |
| 1991-02-25 |
Decision on the motion to state a constitutional question, (by way of Crosss-appeal). " For Constitutional Questions see file or Reg's red book #8 @ p.71. Notice of interventions by Apr/01/91., G Granted, no order as to costs |
|
| 1991-02-25 | Hearing of the motion to state a constitutional question, 1991-02-25, (by way of Crosss-appeal). " For Constitutional Questions see file or Reg's red book #8 @ p.71. Notice of interventions by Apr/01/91., G | |
| 1991-02-25 | Submission of motion to state a constitutional question, 1991-02-25, (by way of Crosss-appeal). " For Constitutional Questions see file or Reg's red book #8 @ p.71. Notice of interventions by Apr/01/91., G | |
| 1991-02-25 |
Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p. 71. Notice of interventions by Apr/01/91., G Granted, no order as to costs |
|
| 1991-02-25 | Hearing of the motion to state a constitutional question, 1991-02-25, " For Constitutional Questions see file or Reg's red book #8 @ p. 71. Notice of interventions by Apr/01/91., G | |
| 1991-02-25 | Submission of motion to state a constitutional question, 1991-02-25, " For Constitutional Questions see file or Reg's red book #8 @ p. 71. Notice of interventions by Apr/01/91., G | |
| 1991-02-19 | Motion to state a constitutional question, (by way of Cross-appeal), with service | Joseph (Giuseppe) Chiarelli |
| 1991-02-12 |
Decision on miscellaneous motion, CJ So McL Granted, no order as to costs |
|
| 1991-02-12 | Hearing of miscellaneous motion, 1991-02-12, CJ So McL | |
| 1991-02-12 | Submission of miscellaneous motion, 1991-02-12, CJ So McL | |
| 1991-02-12 | Correspondence (sent by the Court) to, from David Sgayias, re: intends to oppose the leave to cross appeal of the respondent; exppect to file an argument before Feb/18/91. | |
| 1991-02-08 |
Decision on miscellaneous motion, (referred to justices in chambers no oral hearing) Traversed, no order as to costs |
|
| 1991-02-08 |
Hearing of miscellaneous motion, 1991-02-08, (referred to justices in chambers no oral hearing) Decision reserved |
|
| 1991-02-08 |
Submission of miscellaneous motion, 1991-02-08, (referred to justices in chambers no oral hearing) Decision reserved |
|
| 1991-02-07 | Notice of cross appeal, With service | Joseph (Giuseppe) Chiarelli |
| 1991-02-07 | Notice of cross appeal, 5 copies, with service | Joseph (Giuseppe) Chiarelli |
| 1991-01-28 | Order granting leave to appeal, With service | |
| 1991-01-25 |
Decision on motion to extend time, to state Constitutional Question(s).("This motion has been adjourned for 15 days in order that the respondent may make a motion to cross-appeal on the 3rd. question, which was not raised by the appellant on his motion.) Traversed, no order as to costs |
|
| 1991-01-25 |
Hearing of motion to extend time, 1991-01-25, to state Constitutional Question(s).("This motion has been adjourned for 15 days in order that the respondent may make a motion to cross-appeal on the 3rd. question, which was not raised by the appellant on his motion.) Adjourned |
|
| 1991-01-25 |
Submission of motion to extend time, 1991-01-25, to state Constitutional Question(s).("This motion has been adjourned for 15 days in order that the respondent may make a motion to cross-appeal on the 3rd. question, which was not raised by the appellant on his motion.) Adjourned |
|
| 1991-01-17 | Motion to state a constitutional question, With service | Minister of Employment and Immigration |
| 1991-01-17 | Affidavit, to state Constitutional Question(s) of Gerry N. Sparrow, with service | Minister of Employment and Immigration |
| 1991-01-17 | Motion to extend time, to state Constitutional Question(s), with service | Minister of Employment and Immigration |
| 1990-12-28 | Correspondence (sent by the Court) to, from Irwin Koziebrocki sent to David Sgayias, re: Notice of appeal is not in accordance with Rules of the Court. | |
| 1990-12-21 | General proceeding, F.C.A. order granting an extension to file their notice of appeal to this Court. | Minister of Employment and Immigration |
| 1990-12-20 | Notice of appeal, " Time to file a notice of appeal was extended to Dec/21/90/ (see F.C.A. order granted to Feb/23/90) ", with service | Minister of Employment and Immigration |
| 1990-11-08 | Close file on Leave | |
| 1990-11-08 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,On) | |
| 1990-11-08 | Notice of deposit of judgment issued to all parties, Eric A. Bowie, Q.C. C/O Dept. of Justice (Ottawa, ON) | |
| 1990-11-08 |
Judgment of the Court on the application for leave to appeal, CJ LaF L'HD, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1990-11-08 | Hearing of the application for leave to appeal, 1990-11-08, CJ LaF L'HD | |
| 1990-11-08 | All materials on application for leave submitted to the Judges, 1990-11-08, CJ LaF L'HD | |
| 1990-06-06 | All materials on application for leave submitted to the Judges, La, LaF, L'HD | |
| 1990-06-05 | General proceeding, 5 copies | Minister of Employment and Immigration |
| 1990-05-24 | Respondent's response on the application for leave to appeal, 5 copies, with service | Joseph (Giuseppe) Chiarelli |
| 1990-04-23 | Book of authorities, 5 copies | Minister of Employment and Immigration |
| 1990-04-23 | $30.00 filing fee, (deposit account) | Minister of Employment and Immigration |
| 1990-04-23 | Application for leave to appeal, 5 copies, with service, Completed on: 1990-04-23 | Minister of Employment and Immigration |
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 |
|---|---|---|
| Minister of Employment and Immigration | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| (Giuseppe) Chiarelli, Joseph | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Security Intelligence Review Committee | Intervener | Active |
Counsel
Party: Minister of Employment and Immigration
Counsel
Eric A. Bowie, Q.C.
I.G. Whitehall
B.S. Russell
I.G. Whitehall
B.S. Russell
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4840
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4840
Agent
Eric A. Bowie, Q.C.
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
Party: (Giuseppe) Chiarelli, Joseph
Counsel
Irwin Koziebrocki
Sean T. McGee
Steven J. Welchner
Sean T. McGee
Steven J. Welchner
1007 - 111 Richmond Street West
Toronto, Ontario
M5H 2G4
Telephone: (416) 364-7292
FAX: (416) 364-7473
Toronto, Ontario
M5H 2G4
Telephone: (416) 364-7292
FAX: (416) 364-7473
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Security Intelligence Review Committee
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Summary
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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
April 19, 1989
Federal Administrative Tribunals of Ontario
Not listed
Federal Administrative Tribunals of Ontario
Not listed
See file
February 23, 1990
Federal Court of Appeal
A-219-89
Federal Court of Appeal
A-219-89
Finding, inter alia, that the App. rights under s. 7 of Charter were infringed
Memorandums of argument on application for leave to appeal
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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.
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Date modified: 2025-05-13