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)
2003-04-03	Record returned to the Registrar of the Court of Appeal
2002-07-16	Appeal closed
2002-07-12	Judgment on appeal and notice of deposit of judgment sent to all parties
2002-07-11	Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA026193, dated June 6, 2000, heard on February 20th, 2002 is allowed in part, with costs to the respondents. Allowed in part, with costs
2002-03-05	Transcript received, 88 pages
2002-02-20	Judgment reserved OR rendered with reasons to follow
2002-02-20	Book of authorities, (suppl.) given in Court (paper form), Completed on: 2002-02-20	British Columbia Civil Liberties Association
2002-02-20	Hearing of the appeal, 2002-02-20, (V018-V019), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved
2002-02-20	Acknowledgement and consent for video taping of proceedings
2002-02-19	Appellant's condensed book	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2002-02-19	Notice of appearance, (Letter Form), from D. Brunet dated Feb. 18, 2002 (fax copy)	Information Commissioner of Canada
2002-02-18	Respondent's condensed book	Patricia Babcock
2002-02-13	Notice of appearance	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2002-02-13	Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener A.G. - B.C. to Jan. 7, 2002. Granted
2002-02-13	Submission of motion to extend time, Reg
2002-02-12	Response to motion to extend time, (Letter Form), letter from Henry S. Brown, Q.C. dated Feb. 8/02, Completed on: 2002-02-12	Attorney General of Alberta
2002-02-08	Response to motion to extend time, (Letter Form), from J. Beedell dated Feb. 8, 2002 re: intervention by A.G. B.C., Completed on: 2002-02-08	Patricia Babcock
2002-02-06	Response to motion to extend time, (Letter Form), from C. Rupar dated Feb. 6, 2002 re: intervention by A.G.B.C., Completed on: 2002-02-06	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2002-02-06	Motion to extend time, to file the factum and authorities to Jan. 7, 2002 - 4 copies, Completed on: 2002-02-06	Attorney General of British Columbia
2002-02-06	Notice of withdrawal	Attorney General for Ontario
2002-01-29	Order on motion to extend time
2002-01-29	Decision on motion to extend time, DeRg, to serve and file the factum and book of authorities of the intervener Attorney General of Alberta to Jan. 16, 2002. Granted
2002-01-29	Submission of motion to extend time, DeRg
2002-01-24	Response to motion to extend time, (Letter Form), from C. Dennis dated Jan. 24, 2002 (fax copy), Completed on: 2002-01-24	Patricia Babcock
2002-01-24	Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO I.C.C and B.C.C.L.A. BY BINNIE J.)
2002-01-18	Intervener's factum, REVISED FACTUM as per Major J.'s Order of Jan. 15/02, Completed on: 2002-01-23	Information Commissioner of Canada
2002-01-17	Motion to extend time, to file the factum and authorities to Jan. 16, 2002 - 1 copy, Completed on: 2002-01-17	Attorney General of Alberta
2002-01-16	Book of authorities, vol. 1 and 2, Completed on: 2002-01-16	Attorney General of Alberta
2002-01-16	Intervener's factum, Completed on: 2002-01-16	Attorney General of Alberta
2002-01-15	Order on miscellaneous motion
2002-01-15	Decision on miscellaneous motion, Ma, The motion by the intervener Information Commissioner of Canada for leave to file Legislative Facts material is dismissed with costs. The intervener Information Commissioner of Canada shall serve and file a revised factum no later than January 25, 2002, removing all references to the supplementary material. Dismissed, with costs
2002-01-15	Submission of miscellaneous motion, Ma
2002-01-14	Reply to miscellaneous motion, (book form), Completed on: 2002-01-14	Information Commissioner of Canada
2002-01-09	Response to miscellaneous motion, (book form), Completed on: 2002-01-18	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2002-01-08	Response to miscellaneous motion, (Letter Form), from C. Dennis dated Jan. 8, 2002 (fax copy), Completed on: 2002-01-08	Patricia Babcock
2002-01-07	Book of authorities, (extension of time requested), Completed on: 2002-01-07	Attorney General of British Columbia
2002-01-07	Intervener's factum, (extension of time requested), Completed on: 2002-01-07	Attorney General of British Columbia
2002-01-02	Book of authorities, Completed on: 2002-01-02	Information Commissioner of Canada
2002-01-02	Supplemental document, Brief of Legislative Facts Vol. I & II (motion to file supplemental document dismissed by Major J.'s Order dated Jan. 15/02)	Information Commissioner of Canada
2002-01-02	Intervener's factum, (REVISED FACTUM FILED JAN. 18/02 - as per Major J.'s Order of Jan. 15/02), Completed on: 2002-01-02	Information Commissioner of Canada
2002-01-02	Book of authorities, re: motion to file legislative facts material - book form - 5 copies, Completed on: 2002-01-02	Information Commissioner of Canada
2002-01-02	Notice of miscellaneous motion, to file legislative facts material (book form), Completed on: 2002-01-08	Information Commissioner of Canada
2001-12-28	Book of authorities, (see order), Completed on: 2001-12-28	British Columbia Civil Liberties Association
2001-12-28	Intervener's factum, (see order), Completed on: 2001-12-28	British Columbia Civil Liberties Association
2001-12-05	Appellant's book of authorities, (vol. 2 re: constitutional issues), Completed on: 2001-12-05	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-12-05	Reply factum on appeal, (see order dated July 31, 2001) re: constitutional issues, Completed on: 2001-12-05	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-12-04	Appeal hearing scheduled, 2002-02-20 Judgment reserved
2001-11-29	Notice of hearing	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-11-23	Order on motion to extend time
2001-11-23	Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener British Columbia Civil Liberties Association to four (4) weeks after the filing the appellant's reply factum.( THIS ORDER APPLIES TO ALL INTERVENERS) Granted, no order as to costs
2001-11-23	Submission of motion to extend time, Reg
2001-11-21	Motion to extend time, to file the factum and authorities to (4) weeks after the filing of the appellant's reply (see order dated July 31, 2001), Completed on: 2001-11-21	British Columbia Civil Liberties Association
2001-11-07	Correspondence received from, Daniel Brunet dated Nov. 5/01 re: filing of his factum	Information Commissioner of Canada
2001-11-05	Correspondence received from, D. Sgayias dated Nov. 5, 2001 (fax copy) re: acknowledge receipt of Mr. Arvay's letter dated Oct. 26, 2001	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-11-02	Correspondence received from, Robert E. Houston, Q.C. (by fax) dated Nov. 2/01 acknowledging receipt of Mr. Arvay's letter of Oct. 29/01	Attorney General of British Columbia
2001-10-30	Correspondence received from, C. Dennis dated Oct. 29, 2001 (fax copy) re: has no objection to Mr. Arvay's proposal	Patricia Babcock
2001-10-26	Correspondence received from, J. Arvay dated Oct. 26, 2001 (fax copy) re: filing of the intervener's factum	British Columbia Civil Liberties Association
2001-10-25	Respondent's book of authorities, Completed on: 2001-10-25	Patricia Babcock
2001-10-25	Respondent's record, Completed on: 2001-11-08	Patricia Babcock
2001-10-25	Respondent's factum, Completed on: 2001-10-25	Patricia Babcock
2001-10-25	Appeal perfected for hearing, Session beginning on 2002-01-14
2001-09-10	Notice of intervention respecting a constitutional question	Attorney General for Ontario
2001-09-10	Notice of intervention respecting a constitutional question	Attorney General of British Columbia
2001-08-30	Appellant's book of authorities, Completed on: 2001-08-30	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-08-30	Appellant's record, Vol. I to III, Completed on: 2001-08-31	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-08-30	Appellant's factum, (see decision dated July 30/01), Completed on: 2001-08-30	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-08-27	Notice of intervention respecting a constitutional question	Attorney General of Alberta
2001-08-02	Notice of constitutional question(s)	Patricia Babcock
2001-08-01	Order on motion to state a constitutional question
2001-07-31	Decision on the motion to state a constitutional question, CJ, by the respondents. Is s. 39 of the Canada Evidence Act, RSC 1985, c. C-5 of no force or effect, in whole or in part, pursuant to s. 52 of the Constitution Act, 1982 by reason of one or both of the preamble to and s. 96 of the Constitution Act, 1867? The notices of intervention are to be filed on or before September 10, 2001. The appellants shall be permitted to serve and file a reply factum of no more than 30 pages within six (6) weeks after service of the respondents' factum. Granted, no order as to costs
2001-07-30	Decision on motion to extend time, DeRg, The appellants' shall serve and file their record and factum on or before August 31, 2001. Allowed in part, no order as to costs
2001-07-30	Submission of motion to extend time, DeRg
2001-07-27	Reply to motion to extend time, (Letter Form), letter (by fax) dated July 27/01 from Daniel Brunet, Completed on: 2001-07-27	Information Commissioner of Canada
2001-07-24	Reply to motion to extend time, (Letter Form), (letter form) from David Sgayias dated July 24., Completed on: 2001-07-24	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-07-19	Response to motion to extend time, (Letter Form), C. Dennis dated July 17, 2001, Completed on: 2001-07-19	Patricia Babcock
2001-07-12	Motion to extend time, to file the factum, record 45 days after the determination of the motion to state const. question, Completed on: 2001-07-12	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-06-21	Submission of motion to state a constitutional question, CJ
2001-06-18	Order on motion for leave to intervene, (BY THE COURT)
2001-06-18	Decision on the motion for leave to intervene, Bi, by the BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION. The 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 interveners ( 15 MINUTES ORAL ARGUMENT GRANTED JAN. 24, 2002). 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
2001-06-18	Decision on the motion for leave to intervene, Bi, by the INFORMATION COMMISSIONER OF CANADA. The 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 interveners ( 15 MINUTES ORAL ARGUMENT GRANTED JAN. 24, 2002). 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
2001-06-18	Submission of motion for leave to intervene, by Info Commissioner & B.C.C.L.A., Bi
2001-06-14	Reply to the motion for leave to intervene, (fax) letter dated June 14, 2001, from Joseph Arvay, Completed on: 2001-06-14	British Columbia Civil Liberties Association
2001-06-06	Response to the motion for leave to intervene, (Letter Form), from J. Beedell dated June 6, 2001 re: intervention by Info. Commissioner of Canada, Completed on: 2001-06-06	Patricia Babcock
2001-06-05	Response to the motion for leave to intervene, (Letter Form), from D. Sgayias dated June 5, 2001 (fax copy) re: intervention by Information Commissioner, Completed on: 2001-06-05	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-06-04	Response to the motion for leave to intervene, (Letter Form), from D. Sgayias dated June 4, 2001 (fax copy) re: intervention by B.C. Civil Liberties, Completed on: 2001-06-04	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-06-01	Response to the motion to state a constitutional question, (Letter Form), letter (by fax) from David Sgayias dated June 1/01, Completed on: 2001-06-01	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-05-25	Motion for leave to intervene, (2 copies - book form), Completed on: 2001-06-05	British Columbia Civil Liberties Association
2001-05-25	Book of authorities, re: intervention, Completed on: 2001-05-25	Information Commissioner of Canada
2001-05-25	Motion for leave to intervene, book form, Completed on: 2001-05-25	Information Commissioner of Canada
2001-05-22	Motion to state a constitutional question, book form, Completed on: 2001-05-22	Patricia Babcock
2001-05-08	Appeal court record, (1 envelope)
2001-04-09	Letter acknowledging receipt of notice of appeal
2001-03-26	Notice of appeal, Completed on: 2001-03-26	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice
2001-03-16	Notice of deposit of judgment issued to all parties
2001-03-15	Judgment of the Court on the application for leave to appeal Granted, no order as to costs
2001-02-05	All materials on application for leave submitted to the Judges, G Ma Bi
2000-10-24	Letter acknowledging receipt of an incomplete application for leave to appeal
2000-09-25	Respondent's response on the application for leave to appeal, Completed on: 2000-09-25	Patricia Babcock
2000-08-29	Application for leave to appeal, (C/A Order missing - filed Nov. 17/00), Completed on: 2000-11-17	Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice	Appellant	Active
The Treasury Board of Canada and The Deputy Minister of Justice	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Babcock, Patricia	Respondent	Active
Linda Bell, Victoria Bryan, Lynn Burch, Karl Burdak, George Carruthers, Gordon Carscadden, Margaret E.T. Clare, Timothy W. Clarke, Moyra Dhaliwal, Mary Jane Dodge, Jonas Dubas, S. David Frankel, Greg D. Franklin, Valerie Hartney, Bruce Hilchey	Respondent	Active
John Kennedy, Digby Kier, Daniel L. Kiselbach, Ingeborg E. Lloyd, Josephine Loncaric, John Loo, William Mah, Ian McKinnon, Robert Moen, Nancy Oster, Michael Owens, Brent Paris, Darlene Patrick, Paul Pelletier, David Prest, Brian Purdy, Christopher Randall	Respondent	Active
Brian Sedgwick, Karen Shirley, Pamela Lindsay Smith, Tim Stokes, Cory Stolte, Josee Tremblay, Karen A. Truscott, Max Weder, Harry Wruck and Wendy Yoshida	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Attorney General of Canada on behalf of Her Majesty the Queen in Right of Canada and in his capacity as Minister of Justice	Appellant	Active
The Treasury Board of Canada and The Deputy Minister of Justice	Appellant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Rosemary Lutter and Emily Reid	Respondent	Active

Other parties

Other parties

Name	Role	Status
Information Commissioner of Canada	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Attorney General of Alberta	Intervener	Active
Attorney General of British Columbia	Intervener	Active

Counsel

Summary

Memorandums of argument on application for leave to appeal

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 filing 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.

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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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