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21946

Canadian Council of Churches v. Her Majesty the Queen, 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)
1992-05-25 Appeal closed
1992-05-14 Record returned to the Registrar of the Court of Appeal, Federal Court (Ottawa,ON)
1992-02-12 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1992-02-12 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1992-02-12 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1992-02-12 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1992-02-12 Copy of formal judgment being prepared, Graham R. Garton c/o Dept. of Justice (Ott,O)
1992-01-23 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON)
1992-01-23 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1992-01-23 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-01-23 Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa,ON)
1992-01-23 Judgment on the appeal rendered, LaF L'HD So G Co St Ia, The appeal is dismissed and the cross-appeal allowed, both without costs.
Allowed, no order as to costs
1991-10-29 General proceeding, transcripts received and distributed to the justices (183 pages)
1991-10-11 General proceeding, 10 copies of AUTHORITIES distributed in Court Canadian Council of Churches
1991-10-11 General proceeding, 10 copies of CORRIGENDA (distributed in Court) Women's Legal Education and Action Fund
1991-10-11 Hearing of the appeal, 1991-10-11, LaF L'HD So G Co St Ia
Decision reserved
1991-10-10 Book of authorities, 9 copies of volume 6 Canadian Council of Churches
1991-10-09 Book of authorities, 10 copies, with service Women's Legal Education and Action Fund
1991-10-07 Intervener's factum, AMENDED 21 copies on behalf Canadian Disability Rights Council and, with service Women's Legal Education and Action Fund
1991-10-04 Book of authorities, 10 copies of vol. I to V Canadian Council of Churches
1991-09-19 Appeal hearing
1991-09-19 Appeal removed from the list
1991-09-19 Appeal hearing scheduled, 1991-10-11
Decision reserved
1991-08-01 Respondent's factum, 24 copies, with service Her Majesty the Queen
1991-06-19 Order on motion to extend time, to file their factum (LEAF) & (CDRC), with service
1991-06-17 Intervener's factum, 21 copies, joint with LEAF, with service Canadian Disability Rights Council
1991-06-17 Intervener's factum, 21 copies, joint with Canadian Disability Rights Council, with service Women's Legal Education and Action Fund
1991-06-17 Decision on motion to extend time, to file a factum to June/17/1991 on behalf of CRDC and, McL
Granted, no order as to costs
1991-06-17 Hearing of motion to extend time, 1991-06-17, to file a factum to June/17/1991 on behalf of CRDC and, McL
1991-06-17 Submission of motion to extend time, 1991-06-17, to file a factum to June/17/1991 on behalf of CRDC and, McL
1991-06-17 Intervener's factum, 25 copies, with service Coalition of Provincial Organizations of the Handicapped (COPOH)
1991-06-17 Intervener's factum, 21 copies, with service League for Human Rights of B'nai Brith Canada
1991-06-14 Affidavit, to file the factum of LEAF and CDRC to June 17\91, with service Women's Legal Education and Action Fund
1991-06-14 Motion to extend time, to file the factum of LEAF and CDRC to June 17\91, with service Women's Legal Education and Action Fund
1991-06-05 Order on motion for leave to intervene, With service
1991-05-28 Correspondence (sent by the Court) to, from Graham Garton; re: consent to the interven- tion of League for Human Rights of B'nai Brith Canada
1991-05-28 Decision on the motion for leave to intervene, 1) factum is not to exceed 20 pages and is to be filed by June/17/91. 2) oral argument is limited to 20 minutes., G
Granted, no order as to costs
1991-05-28 Hearing of motion for leave to intervene, 1991-05-28, 1) factum is not to exceed 20 pages and is to be filed by June/17/91. 2) oral argument is limited to 20 minutes., G
1991-05-28 Submission of motion for leave to intervene, 1991-05-28, 1) factum is not to exceed 20 pages and is to be filed by June/17/91. 2) oral argument is limited to 20 minutes., G
1991-05-24 Correspondence (sent by the Court) to, from Robert Houston, Q.C. to consent intervention status of B'nai Brith limited to 20 minutes of oral argument and factum filed no later than June 17, 1991
1991-05-23 Correspondence (sent by the Court) to, from Graham Garton; re: consents to the applica- tion of League for Human Rights of B'nai Brith Canada to intervene
1991-05-22 Response to the motion for leave to intervene, of Quebec Muti Ethnics Association Canadian Council of Churches
1991-05-22 Decision on the motion for leave to intervene, 1) filling of a single factum for both interveners not to eexceed 20 pages. 2) and oral submission is not to exceed 10 minutes on behalf of both interveners., G
Granted, no order as to costs
1991-05-22 Hearing of motion for leave to intervene, 1991-05-22, 1) filling of a single factum for both interveners not to eexceed 20 pages. 2) and oral submission is not to exceed 10 minutes on behalf of both interveners., G
1991-05-22 Submission of motion for leave to intervene, 1991-05-22, 1) filling of a single factum for both interveners not to eexceed 20 pages. 2) and oral submission is not to exceed 10 minutes on behalf of both interveners., G
1991-05-17 Service, of affidavit in support of the intervention; Mark Sandler
1991-05-17 Service, of notice of application for intervention (Rule 18)
1991-05-16 Affidavit, Mark Sandler League for Human Rights of B'nai Brith Canada
1991-05-16 Motion for leave to intervene League for Human Rights of B'nai Brith Canada
1991-05-15 Correspondence (sent by the Court) to, from Robert E. Houston, Q.C.; re: does not oppose the motion for intervention of Quebec Multi Ethnic Association provided they be limited to written submissions only
1991-04-26 Correspondence (sent by the Court) to, from Graham Garton; re: prepared to consent to the intervention of Quebec Multi Ethnic Ass. However, I oppose the request for permission to present oral argument
1991-04-23 Affidavit, Henry Enns, with service Coalition of Provincial Organizations of the Handicapped (COPOH)
1991-04-23 Affidavit, Luciana Soave, with service Quebec Multi Ethnic Association for the Integration of Handicapped People (Multi Ethnic)
1991-04-23 Motion for leave to intervene, and to extend time for doing so (joint with Multi Ethnic), with service Coalition of Provincial Organizations of the Handicapped (COPOH)
1991-04-23 Motion for leave to intervene, and to extend time for doing so (joint with COPOH), with service Quebec Multi Ethnic Association for the Integration of Handicapped People (Multi Ethnic)
1991-04-12 Certified casebook Canadian Council of Churches
1991-04-12 Appeal court record, 1 accordeon file (with Trial)
1991-04-10 Trial court record
1991-04-08 Correspondence (sent by the Court) to, from Erin Shaw; re: the Respondent and the Appellant have agreed to an extension of time
1991-04-03 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-03-20 Order on motion for leave to intervene, With service
1991-03-18 Decision on the motion for leave to intervene, file a factum and to present oral argument of 20 minutes, on behalf of Canadian Disability Rights Council and, McL
Granted, no order as to costs
1991-03-18 Hearing of motion for leave to intervene, 1991-03-18, file a factum and to present oral argument of 20 minutes, on behalf of Canadian Disability Rights Council and, McL
1991-03-18 Submission of motion for leave to intervene, 1991-03-18, file a factum and to present oral argument of 20 minutes, on behalf of Canadian Disability Rights Council and, McL
1991-03-11 Appellant's factum, 21 copies, with service Canadian Council of Churches
1991-03-04 Response to the motion for leave to intervene, by LEAF and by Canadian Disability Rights Council Canadian Council of Churches
1991-02-25 Notice of deposit of security, 2 copies
1991-02-25 $500 security deposit paid, direction #2251 Canadian Council of Churches
1991-02-22 Case on appeal, 20 copies, with service Canadian Council of Churches
1991-02-18 Affidavit, With service Canadian Disability Rights Council
1991-02-18 Affidavit, With service Women's Legal Education and Action Fund
1991-02-18 Motion for leave to intervene, and extension of time for doing so; 2 copies joint with LEAF, with service Canadian Disability Rights Council
1991-02-18 Motion for leave to intervene, and extension of time for doing so; 2 copies joint with I03, with service Women's Legal Education and Action Fund
1991-02-08 Order granting leave to appeal, With service
1991-02-06 Notice of cross appeal, With service Her Majesty the Queen
1991-01-17 Notice of appeal, With service Canadian Council of Churches
1990-12-20 Notice of deposit of judgment issued to all parties, Graham R. Garton, C/O Dept. of Justice (Ottawa,ON)
1990-12-20 Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-20 Judgment of the Court on the application for leave to appeal, W So McL, The application for leave to appeal is granted. The application for leave to cross-appeal that portion of the judgment of the Federal Court of Appeal which grants standing to the applicant is also granted. (Amended January 10, 1991)
Granted, no order as to costs
1990-12-20 Hearing of the application for leave to appeal, 1990-12-20, W So McL
1990-12-20 All materials on application for leave submitted to the Judges, 1990-12-20, W So McL
1990-07-20 All materials on application for leave submitted to the Judges, W So McL
1990-07-04 Decision on motion for leave to intervene, With service, G
Dismissed, no order as to costs
1990-07-04 Hearing of motion for leave to intervene, 1990-07-04, With service, G
1990-07-04 Submission of motion for leave to intervene, 1990-07-04, With service, G
1990-06-27 Affidavit, of Michael Schelew, with service Amnesty International (Canadian Section)
1990-06-27 Motion for leave to intervene, With service Amnesty International (Canadian Section)
1990-05-30 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1990-05-11 $30.00 filing fee, #17568 Canadian Council of Churches
1990-05-11 Application for leave to appeal, 5 copies, Completed on: 1990-05-11 Canadian Council of Churches

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
Canadian Council of Churches Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Minister of Employment and Immigration Respondent Active

Other parties

Other parties
Name Role Status
Women's Legal Education and Action Fund Intervener Active
Canadian Disability Rights Council Intervener Active
Quebec Multi Ethnic Association for the Integration of Handicapped People (Multi Ethnic) Intervener Active
Coalition of Provincial Organizations of the Handicapped (COPOH) Intervener Active
League for Human Rights of B'nai Brith Canada Intervener Active

Counsel

Party: Canadian Council of Churches

Counsel
Names
James K. McDonald
Steven M. Barrett
Contact information
Sack Goldblatt Mitchell LLP
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
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: Her Majesty the Queen

Counsel
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca

Party: Minister of Employment and Immigration

Counsel
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca

Party: Women's Legal Education and Action Fund

Counsel
Names
Dulcie McCallum
Mary Eberts
Contact information
52 WELLINGTON AVE
VICTORIA, British Columbia
V8V 4H6
Agent
Name
Catherine Aitken
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Canadian Disability Rights Council

Counsel
Name
Dulcie McCallum
Contact information
52 WELLINGTON AVE
VICTORIA, British Columbia
V8V 4H6
Agent
Name
Catherine Aitken
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Quebec Multi Ethnic Association for the Integration of Handicapped People (Multi Ethnic)

Counsel
Name
Anne M. Molloy
Contact information
Advocacy Resource Centre for the Handicapped
255 - 40 ORCHARD VIEW BLVD
TORONTO, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981
Agent
Name
Catherine Aitken
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Coalition of Provincial Organizations of the Handicapped (COPOH)

Counsel
Name
Anne M. Molloy
Contact information
Advocacy Resource Centre for the Handicapped
255 - 40 ORCHARD VIEW BLVD
TORONTO, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981
Agent
Name
Catherine Aitken
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: League for Human Rights of B'nai Brith Canada

Counsel
Names
Marvin Kurz
David Matas
Contact information
Dale, Streiman & Kurz
480 Main St. N.
Brampton, Ontario
L6V 1P8
Telephone: (905) 455-7300
FAX: (905) 455-5848
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

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

April 26, 1989
Federal Court of Canada, Trial Division

T-2-89

Application to strike out Applicant's statement of claim dismissed

March 12, 1990
Federal Court of Appeal

A-223-89

Appeal allowed (see file)

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