Case information
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28194
Miguel Figueroa v. The Attorney General of Canada
(Ontario) (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) |
|---|---|---|
| 2004-11-06 | Appeal closed | |
| 2004-11-05 | Payment out cheque issued, ($545.78) | |
| 2004-11-02 | Approved order for payment out, sent to Finance Nov. 2/04 | |
| 2003-06-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-06-27 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C31902, dated August 16, 2000, heard on November 5, 2002 is allowed with costs. Sections 24(2), 24(3) and 28(2) of the Canada Elections Act are declared unconstitutional. The declaration of unconstitutionality is suspended for 12 months. The constitutional questions are answered as follows: 1. Do ss. 24(3)(a) and 28(2) of the Canada Elections Act, R.S.C. 1985, c. E-2 (now ss. 370(1) and 385, S.C. 2000, c. 9) limit the s. 3 Canadian Charter of Rights and Freedoms rights of candidates or supporters of non-registered political parties by requiring that, in order to become and remain a registered political party, a party must nominate candidates in at least 50 electoral districts in each general election? Answer: Yes. 2. If the answer to Question 1 is in the affirmative, is this limitation reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? Answer: No. 3. Do ss. 24(3)(a) and 28(2) of the Canada Elections Act, R.S.C. 1985, c. E-2 (now ss. 370(1) and 385, S.C. 2000, c. 9) limit the s. 15(1) Charter rights of candidates or supporters of non-registered political parties by requiring that, in order to become and remain a registered political party, a party must nominate candidates in at least 50 electoral districts in each general election? Answer: It is not necessary to answer this question. 4. If the answer to Question 3 is in the affirmative, is this limitation reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? Answer: It is not necessary to answer this question. 5. Do ss. 24(3)(a) and 28(2) of the Canada Elections Act, R.S.C. 1985, c. E-2 (now ss. 370(1) and 385, S.C. 2000, c. 9) limit the s. 2(d) Charter rights of candidates or supporters of non-registered political parties by requiring that, in order to become and remain a registered political party, a party must nominate candidates in at least 50 electoral districts in each general election? Answer: It is not necessary to answer this question. 6. If the answer to Question 5 is in the affirmative, is this limitation reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? Answer: It is not necessary to answer this question. Allowed, with costs |
|
| 2002-11-18 | Transcript received | |
| 2002-11-05 | Respondent's condensed book | The Attorney General of Canada |
| 2002-11-05 | Appellant's condensed book | Miguel Figueroa |
| 2002-11-05 | Acknowledgement and consent for video taping of proceedings | |
| 2002-11-05 | Judgment reserved OR rendered with reasons to follow | |
| 2002-11-05 |
Hearing of the appeal, 2002-11-05, (V066), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2002-10-24 | Notice of appearance, (Letter Form), de Sylvie Roussel, datée le 24 oct 2002 (par fax). | Attorney General of Québec |
| 2002-10-22 | Notice of appearance, (Letter Form), from Gail Sinclair, dated Oct. 22, 2002 (by fax). | The Attorney General of Canada |
| 2002-09-18 | Notice of hearing | Miguel Figueroa |
| 2002-09-09 |
Appeal hearing scheduled, 2002-11-05 Judgment reserved |
|
| 2002-05-24 | Book of authorities, Completed on: 2002-06-10 | Attorney General of Québec |
| 2002-05-24 | Intervener's factum, Completed on: 2002-05-28 | Attorney General of Québec |
| 2002-05-21 |
Decision on motion to extend time, DeRg, to serve and file the respondent's book of authorities to May 21, 2002, nunc pro tunc. Granted |
|
| 2002-05-21 | Submission of motion to extend time, DeRg | |
| 2002-05-16 | Response to motion to extend time, (included in motion book), Completed on: 2002-05-16 | Miguel Figueroa |
| 2002-05-16 | Response to motion to extend time, (included in motion book), Completed on: 2002-05-16 | Attorney General of Québec |
| 2002-05-16 | Motion to extend time, to file the authorities to May 21, 2002 - book form, Completed on: 2002-05-16 | The Attorney General of Canada |
| 2002-05-16 | Respondent's book of authorities, Completed on: 2002-05-16 | The Attorney General of Canada |
| 2002-04-26 | Respondent's factum, (acknowledgements of service rec'd May 3/02) (p. 39 - Order Sought replaced June 7/02 with service), Completed on: 2002-05-03 | The Attorney General of Canada |
| 2002-04-23 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-04-10 | Order on motion to extend time | |
| 2002-04-10 |
Decision on motion to extend time, to serve and file the Appellant's book of authorities to March 26, 2002, nunc pro tunc, Reg Granted |
|
| 2002-04-10 | Submission of motion to extend time, Reg | |
| 2002-03-28 | Response to motion to extend time, Completed on: 2002-04-10 | Miguel Figueroa |
| 2002-03-28 | Motion to extend time, to serve and file the Book of Authorities to March 26/02 (1 copy), Completed on: 2002-03-28 | Miguel Figueroa |
| 2002-03-26 | Appellant's book of authorities, Completed on: 2002-03-26 | Miguel Figueroa |
| 2002-02-26 | Appellant's factum, (see Order dated July 19/01), Completed on: 2002-02-27 | Miguel Figueroa |
| 2002-02-13 | Appellant's record, Vol. I to XII (see Order dated July 19/01) (original of Vol. XII rec'd Feb. 26/02), Completed on: 2002-02-26 | Miguel Figueroa |
| 2001-11-08 | Notice of withdrawal | Attorney General for Ontario |
| 2001-10-16 | Notice of intervention respecting a constitutional question, (service missing) | Attorney General of Québec |
| 2001-10-15 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2001-09-14 | Notice of constitutional question(s) | Miguel Figueroa |
| 2001-09-12 | Order on motion to state a constitutional question | |
| 2001-09-10 |
Decision on the motion to state a constitutional question, CJ, by the appellant (for questions see long judgment). Notices of interventions are to be filed on or before Oct. 15, 2001. Granted, no order as to costs |
|
| 2001-07-23 | Order on motion to adduce new evidence | |
| 2001-07-19 |
Decision on motion to adduce new evidence, Ia, by the respondent. IT IS ORDERED that the fresh evidence be admitted, and served by the respective parties by the following dates: the respondent's fresh evidence to be served by September 7, 2001; the appellant's fresh evidence in response to be served by October 19, 2001; and IT IS FURTHER ORDERED that the schedule for the conduct of the rest of the appeal be revised as follows: all cross-examination on fresh evidence to be completed by November 23, 2001; the appellant's record and factum to be served and filed by March 1, 2002; and the respondent's record and factum to be served and filed by April 26, 2002. Granted, no order as to costs |
|
| 2001-07-19 | Submission of motion to adduce new evidence, Ia | |
| 2001-07-12 | Motion to adduce new evidence, book form, Completed on: 2001-07-12 | The Attorney General of Canada |
| 2001-06-27 | Submission of motion to state a constitutional question, CJ | |
| 2001-06-14 | Response to the motion to state a constitutional question, (Letter Form), from G. Sinclair dated June 14, 2001 - 2 copies, Completed on: 2001-06-14 | The Attorney General of Canada |
| 2001-06-07 | Motion to state a constitutional question, 1 copy, Incomplete | Miguel Figueroa |
| 2001-04-25 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-19 | Notice of deposit for security | Miguel Figueroa |
| 2001-04-17 | Order granting leave to appeal | |
| 2001-04-12 | Notice of appeal, Completed on: 2001-04-12 | Miguel Figueroa |
| 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 |
|
| 2001-02-12 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2000-11-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-11-16 | Applicant's reply to respondent's argument, Completed on: 2000-11-16 | Miguel Figueroa |
| 2000-11-14 | Respondent's response on the application for leave to appeal, Completed on: 2000-11-14 | The Attorney General of Canada |
| 2000-10-11 | Application for leave to appeal, Completed on: 2000-10-11 | Miguel Figueroa |
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 |
|---|---|---|
| Figueroa, Miguel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Figueroa, Miguel
Counsel
Kike Roach
688 St. Clair Avenue West
Toronto, Ontario
M6C 1B1
Telephone: (416) 657-1465
FAX: (416) 657-1511
Agent
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
Party: The Attorney General of Canada
Counsel
Peter A. Vita, Q.C.
Gail Sinclair
Peter Hajecek
130 King Street West, Suite 3400
Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9201
FAX: (416) 973-3004
Email: roslyn.levine@justice.gc.ca
Agent
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: Attorney General of Québec
Counsel
Sébastien Arès
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20788
FAX: (418) 644-7030
Email: djobin@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
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
Ontario Superior Court of Justice
93-CU-71797
Declaratory relief granted in part; sections of Canada Elections Act struck down, read down or changed
Court of Appeal for Ontario
C31902
Appeal allowed in part
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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