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.
27427
Janine Bailey, et al. v. Her Majesty the Queen in Right of Canada, 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) |
|---|---|---|
| 2002-06-27 | Appeal closed | |
| 2002-06-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-05-16 | Copy of formal judgment being prepared | |
| 2002-05-15 | Notice of deposit of judgment on motion for a re-hearing of the appeal | |
| 2002-05-15 | Record returned to the Registrar of the Court of Appeal | |
| 2002-05-14 |
Decision on the motion for a re-hearing of the appeal, CJ L'HD G Ia Ma Ba Bi Arb LeB Dismissed, with costs |
|
| 2002-05-10 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Ia Ma Ba Bi Arb LeB | |
| 2002-05-03 | Reply to the response to the motion for a re-hearing of the appeal, (proof of service requested) (sent to bench May 10/02), Completed on: 2002-05-16 | Janine Bailey |
| 2002-04-19 | Response to the motion for a re-hearing of the appeal, (sent to bench May 10/02), Completed on: 2002-04-19 | Her Majesty the Queen in Right of Canada |
| 2002-04-19 | Response to the motion for a re-hearing of the appeal, (Letter Form), from D. Jewitt dated April 18, 2002 (fax copy) (sent to bench May 10/02), Completed on: 2002-04-19 | Elisabeth Lavoie |
| 2002-04-05 | Motion for a re-hearing of the appeal, (filing fee received April 9, 2002) (sent to bench May 10/02), Completed on: 2002-04-05 | Janine Bailey |
| 2002-03-20 | Appeal closed | |
| 2002-03-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-03-13 | Copy of formal judgment being prepared | |
| 2002-03-12 | Notice of deposit of judgment sent to all parties | |
| 2002-03-08 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed with costs, McLachlin C.J. and L'Heureux-Dubé and Binnie JJ. dissenting. (see long) Dismissed, with costs |
|
| 2001-06-27 | Transcript received, and distributed to the justices (78 pages) | |
| 2001-06-12 | Judgment reserved OR rendered with reasons to follow | |
| 2001-06-12 |
Hearing of the appeal, 2001-06-12, (V059), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-06-12 | Acknowledgement and consent for video taping of proceedings | |
| 2001-06-12 | Appellant's condensed book, given in Court | Janine Bailey |
| 2001-06-12 | Respondent's condensed book, given in Court | Her Majesty the Queen in Right of Canada |
| 2001-06-12 | Appellant's condensed book, given in Court | Elisabeth Lavoie |
| 2001-06-12 | Acknowledgement and consent for video taping of proceedings | |
| 2001-06-05 | Notice of appearance, of Graham Garton and Yvonne Milosevic at the hearing | Her Majesty the Queen in Right of Canada |
| 2001-06-05 | Correspondence received from, Graham Garton (by fax) dated June 5/01 to suggest the Court to ignore page 52 to 54 of the Respondent's Record | Her Majesty the Queen in Right of Canada |
| 2001-05-15 | Order on motion for leave to intervene, (30 MINUTES ORAL ARGUMENT GRANTED BY L'HEUREUX-DUBÉ J.) | |
| 2001-03-16 |
Appeal hearing scheduled, 2001-06-12 Judgment reserved |
|
| 2001-03-09 | Notice of hearing | Janine Bailey |
| 2001-03-07 | Correspondence received from, M. Fernandes dated March 7, 2001 (fax copy) re: requesting an additional 15 minutes of oral argument | Center for Research-Action on Race Relations ["CRARR"] |
| 2001-02-09 | Book of authorities, Completed on: 2001-02-15 | Center for Research-Action on Race Relations ["CRARR"] |
| 2001-02-09 | Intervener's factum, Completed on: 2001-02-09 | Center for Research-Action on Race Relations ["CRARR"] |
| 2001-01-10 | Respondent's record, Completed on: 2001-01-10 | Her Majesty the Queen in Right of Canada |
| 2001-01-10 | Respondent's book of authorities, Completed on: 2001-01-10 | Her Majesty the Queen in Right of Canada |
| 2001-01-10 | Respondent's factum, Completed on: 2001-01-10 | Her Majesty the Queen in Right of Canada |
| 2001-01-10 | Appeal perfected for hearing, Session beginning on 2001-04-17 | |
| 2000-11-16 | Appellant's book of authorities, (Additional Book of Authorities), Completed on: 2000-11-16 | Elisabeth Lavoie |
| 2000-11-16 | Appellant's factum, Completed on: 2000-11-16 | Elisabeth Lavoie |
| 2000-11-16 | Appellant's record, (Additional Record - 1 vol.), Completed on: 2000-11-16 | Janine Bailey |
| 2000-11-15 | Appellant's book of authorities, Vol. I & II, Completed on: 2000-11-15 | Janine Bailey |
| 2000-11-15 | Appellant's factum, Completed on: 2000-11-15 | Janine Bailey |
| 2000-11-15 | Appellant's record, Vol. I to VI, Completed on: 2000-11-15 | Janine Bailey |
| 2000-11-10 | Correspondence received from, M.J. Fernandes (by email) dated Nov. 10/00 re: Joanne St. Lewis acting as Agent | Center for Research-Action on Race Relations ["CRARR"] |
| 2000-11-10 | Notice of constitutional question(s), (with service) | Janine Bailey |
| 2000-11-08 | Order on motion to state a constitutional question | |
| 2000-11-01 | Order on motion for leave to intervene, (by the Court) | |
| 2000-11-01 |
Decision on the motion for leave to intervene, L'HD, by the CENTER FOR RESEARCH-ACTION ON RACE RELATIONS. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners ( 30 MINUTES OF ORAL ARGUMENT GRANTED MAY 15, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs |
|
| 2000-11-01 | Submission of motion for leave to intervene, L'HD | |
| 2000-10-31 |
Decision on the motion to state a constitutional question, CJ, by the appellant Janine Bailey is granted (for questions see long judgment). The notices of intention to intervene are to be filed no later that December 18, 2000. Granted, no order as to costs |
|
| 2000-10-30 | Submission of motion to state a constitutional question, CJ | |
| 2000-10-16 |
Decision on motion to extend time, Reg, to serve & filed the appellants' factum to one (1) week after the Court has stated the Constitutional Questions. Granted, no order as to costs |
|
| 2000-10-16 | Submission of motion to extend time, Reg | |
| 2000-10-10 | Response to motion to extend time, (Letter Form), from G. Garton dated Oct. 6, 2000 (fax copy), Completed on: 2000-10-10 | Her Majesty the Queen in Right of Canada |
| 2000-10-03 | Response to motion to extend time, (Letter Form), from D. Yazbeck dated Oct. 3, 2000 (fax copy) re: requested that the order specifies the extension to file the appellant's record and authorities as well (original received on Oct. 6, 2000), Completed on: 2000-10-03 | Janine Bailey |
| 2000-10-02 | Motion to extend time, to file the factum one week after the Court has delivered the Const. questions (2 copies), Completed on: 2000-10-02 | Elisabeth Lavoie |
| 2000-09-11 | Reply to the motion for leave to intervene, (Letter Form), from M. Fernandes dated Sept. 8, 2000 (fax copy), Completed on: 2000-09-11 | Center for Research-Action on Race Relations ["CRARR"] |
| 2000-09-06 | Response to the motion for leave to intervene, (Letter Form), from G. Garton dated Sept. 5, 2000 (fax copy), Completed on: 2000-09-06 | Her Majesty the Queen in Right of Canada |
| 2000-08-31 | Response to the motion for leave to intervene, (included in leave to intervene), Completed on: 2000-08-31 | Elisabeth Lavoie |
| 2000-08-31 | Response to the motion for leave to intervene, (included in leave to intervene), Completed on: 2000-08-31 | Janine Bailey |
| 2000-08-31 | Motion for leave to intervene, (book form), Completed on: 2000-08-31 | Center for Research-Action on Race Relations ["CRARR"] |
| 2000-08-11 | Order on miscellaneous motion | |
| 2000-08-11 |
Decision on miscellaneous motion, Reg, The motion on behalf of the appelants for permission to serve and file a joint record and that the respondents be entitled to serve and file a single record. Granted, no order as to costs |
|
| 2000-08-11 | Submission of miscellaneous motion, Reg | |
| 2000-07-19 | Motion to state a constitutional question, Completed on: 2000-07-19 | Janine Bailey |
| 2000-07-12 | Notice of miscellaneous motion, (to file a joint appellants' record and respondents to file a single respondent's record in response), Completed on: 2000-07-12 | Janine Bailey |
| 2000-07-06 | Appeal court record, for Janine Bailey (5 boxes) | |
| 2000-06-07 | Order granting leave to appeal | |
| 2000-06-06 | Letter acknowledging receipt of notice of appeal | |
| 2000-06-06 | Letter acknowledging receipt of notice of appeal | |
| 2000-06-02 | Notice of appeal, Completed on: 2000-06-02 | Elisabeth Lavoie |
| 2000-05-31 | Letter acknowledging receipt of notice of appeal | |
| 2000-05-30 | Notice of appeal, Completed on: 2000-05-30 | Janine Bailey |
| 2000-05-26 | Notice of deposit of judgment issued to all parties | |
| 2000-05-25 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted with costs. Granted, with costs |
|
| 2000-03-27 | All materials on application for leave submitted to the Judges, G Bi Arb | |
| 1999-09-16 | Applicant's reply to respondent's argument, Completed on: 1999-09-16 | Elisabeth Lavoie |
| 1999-09-13 | Applicant's reply to respondent's argument, Completed on: 1999-09-13 | Janine Bailey |
| 1999-09-08 | Respondent's response on the application for leave to appeal, (responding to both applications), Completed on: 1999-09-08 | Her Majesty the Queen in Right of Canada |
| 1999-08-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-08-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-08-18 | Application for leave to appeal, (SECOND APPLICATION), Completed on: 1999-08-18 | Elisabeth Lavoie |
| 1999-08-12 | Application for leave to appeal, (FIRST APPLICATION), Completed on: 1999-08-12 | Janine Bailey |
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 |
|---|---|---|
| Bailey, Janine | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
| The Public Service Commission | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Lavoie, Elisabeth | Appellant | Active |
| To-Thanh-Hien, Jeanne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
| The Public Service Commission | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Center for Research-Action on Race Relations ["CRARR"] | Intervener | Active |
Counsel
Party: Bailey, Janine
Counsel
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Party: Lavoie, Elisabeth
Counsel
52 Concord Street North
Ottawa, Ontario
K1S 0Y6
Telephone: (613) 594-5100
FAX: (613) 594-5156
Party: To-Thanh-Hien, Jeanne
Counsel
52 Concord Street North
Ottawa, Ontario
K1S 0Y6
Telephone: (613) 594-5100
FAX: (613) 594-5156
Party: Her Majesty the Queen in Right of Canada
Counsel
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: The Public Service Commission
Counsel
Yvonne Milosevic
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Center for Research-Action on Race Relations ["CRARR"]
Counsel
3465 Cote-des-Neiges, Suite 801
Montréal, Quebec
H3G 1T7
Telephone: (514) 939-3342
FAX: (514) 939-9763
Agent
57 Louis Pasteur
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3311
FAX: (613) 939-9763
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-1686-90, T-2479-90
Actions dismissed
Federal Court of Appeal
A-317-95, A-318-95
Dismissed with costs
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
Not available