Case information

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)
2002-12-03	Record returned to the Registrar of the Court of Appeal
2002-11-05	Appeal closed
2002-11-01	Judgment on appeal and notice of deposit of judgment sent to all parties
2002-10-31	Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Federal Court of Appeal, Number A-68-96, dated October 21, 1999, heard on December 10, 2001 is allowed with costs to the appellants. (See long version) Allowed, with costs
2001-12-24	Transcript received, 118 pages
2001-12-10	Judgment reserved OR rendered with reasons to follow
2001-12-10	Hearing of the appeal, 2001-12-10, (V110-111), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved
2001-12-10	Appellant's condensed book, distributed in Court	Sheldon McCorrister, Chairman
2001-12-10	Appellant's condensed book, distributed in Court	Richard Sauvé
2001-12-10	Acknowledgement and consent for video taping of proceedings
2001-12-07	Decision on motion to extend time, Reg, to serve and file the book of authorities of the intervener John Howard Society of Canada to Nov. 18, 2001, nunc pro tunc. Granted, no order as to costs
2001-12-07	Submission of motion to extend time, Reg
2001-12-05	Respondent's condensed book	Chief Electoral Officer of Canada
2001-11-28	Motion to extend time, to file and serv e the authorities to Nov. 18, 2001 - 1 copy, Completed on: 2001-11-28	Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada
2001-11-27	Appellant's book of authorities, Completed on: 2001-11-27	Richard Sauvé
2001-11-26	Notice of appearance, of David G. Frayer, Q.C. and Gérald Chartier at the hearing of the appeal	Solicitor General of Canada and the Attorney General of Canada
2001-10-18	Book of authorities, (extension of time requested), Completed on: 2001-10-18	Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada
2001-09-13	Order on motion for leave to intervene, (15 MINUTES OF ORAL ARGUMENT GRANTED TO EACH OF THE INTERVENERS BY LEBEL J.)
2001-09-12	Notice of hearing	Sheldon McCorrister, Chairman
2001-09-12	Notice of hearing	Richard Sauvé
2001-09-07	Order on motion to extend time
2001-09-07	Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Manitoba to Aug. 20, 2001, nunc pro tunc. Granted, no order as to costs
2001-09-07	Submission of motion to extend time, Reg
2001-09-05	Appeal hearing scheduled, 2001-12-10 Judgment reserved
2001-09-04	Order on motion to extend time
2001-09-04	Decision on motion to extend time, Reg, to serve and file the factum of the intervener Canadian Bar Association to Aug. 10, 2001. Granted, no order as to costs
2001-09-04	Submission of motion to extend time, Reg
2001-08-29	Notice of withdrawal, (fax copy)(original received Sept. 18, 2001) - service requested	Alberta Civil Society Association and Frederick L. Morton
2001-08-27	Response to motion to extend time, (Letter Form), from F. O'Connor dated July 24, 2001 (fax copy), Completed on: 2001-08-27	Richard Sauvé
2001-08-27	Response to motion to extend time, (Letter Form), from A. Peltz dated July 24, 2001 (fax copy), Completed on: 2001-08-27	Sheldon McCorrister, Chairman
2001-08-27	Response to motion to extend time, (Letter Form), from G. Chartier dated July 23, 2001 (fax copy), Completed on: 2001-08-27	Chief Electoral Officer of Canada
2001-08-27	Motion to extend time, to file the factum to Aug. 10, 2001- 1 copy, Incomplete	Canadian Bar Association
2001-08-20	Motion to extend time, to file the A.G. of Manitoba factum & Authorities to August 20/01, Completed on: 2001-08-20	Attorney General of Manitoba
2001-08-20	Book of authorities, Completed on: 2001-08-20	Attorney General of Manitoba
2001-08-16	Intervener's factum, (extension of time requested), Completed on: 2001-08-16	Attorney General of Manitoba
2001-08-13	General proceeding, ERRATA in the factum (letter form)	British Columbia Civil Liberties Association
2001-08-10	Book of authorities, 13 copies, Completed on: 2001-08-10	British Columbia Civil Liberties Association
2001-08-10	Intervener's factum, (extension of time requested), Incomplete	Canadian Bar Association
2001-07-27	Intervener's factum, Completed on: 2001-07-27	British Columbia Civil Liberties Association
2001-07-27	Book of authorities, vol. 1 to 3, Completed on: 2001-07-27	Attorney General of Alberta
2001-07-26	Book of authorities, Completed on: 2001-07-26	Aboriginal Legal Services of Toronto Inc.
2001-07-26	Intervener's factum, Completed on: 2001-07-26	Aboriginal Legal Services of Toronto Inc.
2001-07-26	Intervener's factum, Completed on: 2001-07-26	Attorney General of Alberta
2001-07-25	Intervener's factum, Completed on: 2001-07-25	Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada
2001-07-16	Notice of change of counsel, foermerly represented by Fraser Milner Casgrain, the intervener has appointed Gerald D. Chipeur as sollicitor of record	Alberta Civil Society Association and Frederick L. Morton
2001-06-28	Respondent's record, (counsel signature rec'd July 16/01, inserted at page 243), Completed on: 2001-07-16	Chief Electoral Officer of Canada
2001-06-28	Respondent's book of authorities, vol. I & II (see order of April 10/01), Completed on: 2001-06-28	Solicitor General of Canada and the Attorney General of Canada
2001-06-28	Respondent's factum, (see order of April 10/01), Completed on: 2001-06-28	Solicitor General of Canada and the Attorney General of Canada
2001-04-26	Appeal perfected for hearing, Session beginning on 2001-10-01
2001-04-10	Decision on motion to extend time, DeRg, to serve & file the record and factum of the respondents Solicitor General of Canada and the Attorney General of Canada to June 28, 2001. Granted, no order as to costs
2001-04-10	Submission of motion to extend time, DeRg
2001-03-28	Motion to extend time, to file the record and factum to June 28/01, Completed on: 2001-03-28	Solicitor General of Canada and the Attorney General of Canada
2001-03-01	Appellant's factum, (see decision dated Jan. 9/01), Completed on: 2001-03-01	Sheldon McCorrister, Chairman
2001-03-01	Appellant's factum, (see decision dated Jan. 9/01), Completed on: 2001-03-01	Richard Sauvé
2001-02-27	Appellant's record, (joint record) Vol. I to XI, Completed on: 2001-02-28	Richard Sauvé
2001-02-15	Notice of intervention respecting a constitutional question	Attorney General of Manitoba
2001-02-13	Notice of intervention respecting a constitutional question	Attorney General of Alberta
2001-02-08	Order on motion for leave to intervene, (by the Court)
2001-02-08	Decision on the motion for leave to intervene, LeB, and an extension of time by the ALBERTA CIVIL SOCIETY ASSOCATION and FREDERICK L. MORTON. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs
2001-02-08	Submission of motion for leave to intervene, by Alta.Civil Society Assoc. et al., LeB
2001-01-26	Notice of constitutional question(s)	Richard Sauvé
2001-01-23	Order on motion to state a constitutional question
2001-01-19	Decision on the motion to state a constitutional question, CJ, 1. Does s. 51(e) of the Canada Elections Act, R.S.C. 1985, c. E-2 infringe the right to vote in an election of members of the House of Commons, as guaranteed by s. 3 of the Canadian Charter of Rights and Freedoms? 2. If the answer to Question 1 is yes, is the infringement a reasonable limit, prescribed by law, which can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does s. 51(e) of the Canada Elections Act, R.S.C. 1985, c. E-2 infringe the right to equality before and under the law and equal benefit of the law without discrimination, as guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms? 4. If the answer to Question 3 is yes, is the infringement a reasonable limit, prescribed by law, which can be demonstrably justified in a free and democratic society, pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? Notices of intervention are to be filed on or before February 19, 2001 Granted, no order as to costs
2001-01-09	Reply to the motion for leave to intervene, (Letter Form), from C. Tiesma dated Jan. 9, 2001, Completed on: 2001-01-09	Alberta Civil Society Association and Frederick L. Morton
2001-01-09	Response to the motion for leave to intervene, (Letter Form), from F. O'Connor dated Jan. 9, 2001 (fax copy) re: intervention by Alberta Civil Soc. Ass., Completed on: 2001-01-09	Richard Sauvé
2001-01-09	Decision on motion to extend time, Reg, to serve and file the appellants record and factum to Mar. 1, 2001. Granted, no order as to costs
2001-01-09	Submission of motion to extend time, Reg
2001-01-08	Response to the motion for leave to intervene, (Letter Form), from A. Peltz dated Jan. 8, 2001 (fax copy) re: intervention by Alberta Civil Soc. Ass., Completed on: 2001-01-08	Sheldon McCorrister, Chairman
2001-01-08	Response to motion to extend time, Completed on: 2001-01-08	Chief Electoral Officer of Canada
2001-01-05	Response to the motion for leave to intervene, (Letter Form), from G. Chartier dated Jan. 5, 2001 (fax copy) re: intervention by Alberta Civil Soc. Ass., Completed on: 2001-01-05	Solicitor General of Canada and the Attorney General of Canada
2000-12-29	Motion to extend time, to intervene (joint with motion to intervene) - book form, Completed on: 2000-12-29	Alberta Civil Society Association and Frederick L. Morton
2000-12-29	Motion for leave to intervene, 6 copies (book form), Incomplete	Alberta Civil Society Association and Frederick L. Morton
2000-12-20	Submission of motion to state a constitutional question, CJ
2000-12-18	Motion to extend time, to file the factum and record to March 1, 2001 - 1 copy (also included a second affidavit of A. Peltz in support of the motion), Completed on: 2000-12-18	Richard Sauvé
2000-11-17	Order on motion for leave to intervene, (BY THE COURT)
2000-11-17	Decision on the motion for leave to intervene, LeB, by the ABORIGINAL LEGAL SERVICES OF TORONTO INC. 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 the interveners (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 13, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs
2000-11-17	Decision on the motion for leave to intervene, LeB, by the CANADIAN BAR ASSOCIATION. 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 the interveners (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 13, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs
2000-11-17	Decision on the motion for leave to intervene, LeB, by the CANADIAN ASSOCIATION OF ELIZABETH FRY SOCIETIES AND THE JOHN HOWARD SOCIETY. A joint 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 the interveners (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 13, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs
2000-11-17	Decision on the motion for leave to intervene, LeB, by the BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION. 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 the interveners (15 MINUTES ORAL ARGUMENT GRANTED SEPT. 13, 2001). The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted, no order as to costs
2000-11-17	Submission of motion for leave to intervene, LeB
2000-10-20	Response to the motion for leave to intervene, (Letter Form), from G.L. Chartier dated Oct. 20/00 (by fax) re: respondents do not oppose BCCLA, CAEFS, JHSC, ALSTI on condition and oppose the motion of Canadian Bar Assoc., Completed on: 2000-10-20	Solicitor General of Canada and the Attorney General of Canada
2000-10-18	Correspondence received from, E. Thomas dated Oct. 18/00 (by fax) re: permission to present a 15 minute oral argument	Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada
2000-10-16	Motion for leave to intervene, to file a factum and present oral argument (2 copies - book form), Completed on: 2000-10-16	Canadian Bar Association
2000-10-16	Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Oct. 16/00 (1 copy), Completed on: 2000-10-16	Richard Sauvé
2000-10-16	Motion for leave to intervene, to file a factum and present oral argument (book form), Completed on: 2000-10-16	Aboriginal Legal Services of Toronto Inc.
2000-10-13	Motion for leave to intervene, (fax copies), Completed on: 2000-10-13	British Columbia Civil Liberties Association
2000-10-13	Motion for leave to intervene, (also, included affidavit of Graham Stewart in support of the motion) - 2 copies, Completed on: 2000-10-13	Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada
2000-10-11	Response to the motion to state a constitutional question, (Letter Form), from G. Garton dated Oct. 10, 2000 (fax copy), Completed on: 2000-10-11	Chief Electoral Officer of Canada
2000-10-05	Motion to state a constitutional question, Completed on: 2000-10-13	Richard Sauvé
2000-09-21	Appeal court record, (4 boxes)
2000-08-21	Letter acknowledging receipt of notice of appeal
2000-08-21	Letter acknowledging receipt of notice of appeal
2000-08-18	Order granting leave to appeal
2000-08-18	Notice of appeal, Completed on: 2000-08-18	Richard Sauvé
2000-08-17	Notice of appeal, Completed on: 2000-08-17	Sheldon McCorrister, Chairman
2000-08-11	Notice of deposit of judgment issued to all parties
2000-08-10	Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted. (Revised Aug. 10/00) Granted, no order as to costs
2000-06-05	All materials on application for leave submitted to the Judges, G Bi Arb
2000-01-17	Letter acknowledging receipt of a complete application for leave to appeal
2000-01-17	Letter acknowledging receipt of a complete application for leave to appeal
2000-01-13	Respondent's response on the application for leave to appeal, (to both applications), Completed on: 2000-01-13	The Attorney General of Canada
1999-12-17	Application for leave to appeal, (Second Application), Completed on: 1999-12-17	Sheldon McCorrister, Chairman
1999-12-17	Application for leave to appeal, (First Application), Completed on: 1999-12-17	Richard Sauvé

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Sauvé, Richard	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Chief Electoral Officer of Canada	Respondent	Active
Solicitor General of Canada and the Attorney General of Canada	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Sheldon McCorrister, Chairman	Appellant	Active
Lloyd Knezacek, Vice Chairman on their own behalf and on the behalf of the Stony Mountain Institution Inmate Welfare Committee and Clair Woodhouse, Chairman	Appellant	Active
Aaron Spence, Vice Chaiman, on their own behalf and on the behalf of the Native Brotherhood Organization of Stony Mountain Institution, and Serge Bélanger, Emile A. Bear and Randy Opoonechaw	Appellant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
The Attorney General of Canada	Respondent	Active

Other parties

Other parties

Name	Role	Status
Canadian Association of Elizabeth Fry Societies and the John Howard Society of Canada	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Aboriginal Legal Services of Toronto Inc.	Intervener	Active
Canadian Bar Association	Intervener	Active
Attorney General of Alberta	Intervener	Active
Attorney General of Manitoba	Intervener	Active

Counsel

Summary

Filed documents

Webcasts

Not available.

Related links

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