Case information
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28261
Her Majesty the Queen in Right of Alberta v. Devon Gary Ell, et al.
(Alberta) (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) |
|---|---|---|
| 2003-07-23 | Appeal closed | |
| 2003-07-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-06-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-06-26 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 99-18284, dated October 23, 2000, heard on February 12, 2003 is allowed without costs in this Court and, in light of the unique circumstances of this case, the Court would not interfere with the costs awarded in the courts below. The constitutional questions are answered as follows: 1. Does s. 2.4(8) of the Justice of the Peace Act, R.S.A. 1980, c. J-3, as amended, interfere with the tenure of non-sitting justices of the peace and thereby violate the principle of judicial independence guaranteed by: (a) the preamble of the Constitution Act, 1867, or (b) section 11(d) of the Canadian Charter of Rights and Freedoms? Answer: No. 2. If the answer to question 1(b) is yes, is the Act demonstrably justified as a reasonable limit prescribed by law under s. 1 of the Charter? Answer: It is unnecessary to answer this question. Allowed, without costs |
|
| 2003-03-10 | Correspondence received from, R. Maybank dated March 9, 2003 re: in response to Mr. Eamon's letter dated Feb. 24, 2003 (sent to the judges on March 10, 2003) - fax copy | Her Majesty the Queen in Right of Alberta |
| 2003-02-25 | Correspondence received from, J. Eamon dated Feb. 24, 2003 (fax copy) re: oral submissions (sent to the judges on March 10, 2003) | Devon Gary Ell |
| 2003-02-24 | Transcript received, and distributed to the judges (102 pages) | |
| 2003-02-12 | Judgment reserved OR rendered with reasons to follow | |
| 2003-02-12 | Respondent's condensed book, given in Court | Devon Gary Ell |
| 2003-02-12 | Appellant's condensed book, given in Court | Her Majesty the Queen in Right of Alberta |
| 2003-02-12 |
Hearing of the appeal, 2003-02-12, (V018/V019), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-02-12 | Acknowledgement and consent for video taping of proceedings | |
| 2003-02-04 | Supplemental document, (suppl. legislative appendix) | Her Majesty the Queen in Right of Alberta |
| 2003-01-31 | Notice of appearance, of Paul B. Schabas and Catherine Beagan Flood | Association of Justices of the Peace of Ontario |
| 2003-01-30 | Notice of appearance, of David Sgayias, Q.C. and Jan Brongers | Attorney General of Canada |
| 2003-01-30 | Order on motion to extend time | |
| 2003-01-30 |
Decision on motion to extend time, to serve and file the A.G. Sask.'s factum to Jan. 17/03, Reg Granted |
|
| 2003-01-30 | Submission of motion to extend time, Reg | |
| 2003-01-29 | Response to motion to extend time, re: intervention by A. G. for Sask. (via e-mail), Completed on: 2003-01-29 | Devon Gary Ell |
| 2003-01-28 | Notice of appearance, of Monique Rousseau and Julie Dassylva | Attorney General of Québec |
| 2003-01-28 | Order on motion to extend time | |
| 2003-01-27 | Notice of withdrawal, of intervention | Provincial Court of British Columbia Stipendiary Justices of the Peace Association (the "BCSJP" or "Association") |
| 2003-01-23 |
Decision on motion to extend time, to serve and file the Intervener, A.G. Ont's factum to Jan. 14, Reg Granted |
|
| 2003-01-22 | Submission of motion to extend time, Reg | |
| 2003-01-22 | Motion to extend time, to file the factum to Jan. 17, 2003, Completed on: 2003-01-22 | Attorney General for Saskatchewan |
| 2003-01-17 | Intervener's factum, Completed on: 2003-01-17 | Attorney General for Saskatchewan |
| 2003-01-16 | Response to motion to extend time, (Letter Form), A. Hunter dated Jan. 16, 2003 (fax copy), Completed on: 2003-01-16 | Devon Gary Ell |
| 2003-01-15 | Response to motion to extend time, re: intervention by A.G. Sask., Completed on: 2003-01-15 | Her Majesty the Queen in Right of Alberta |
| 2003-01-15 | Response to motion to extend time, re: intervention by A.G. Ontario, Completed on: 2003-01-15 | Her Majesty the Queen in Right of Alberta |
| 2003-01-14 | Motion to extend time, to file the factum to / pour déposer le mémoire au 01-14-03, Completed on: 2003-01-14 | Attorney General of Ontario |
| 2003-01-14 | Intervener's factum, (26 copies), Completed on: 2003-01-14 | Attorney General of Ontario |
| 2003-01-07 | Notice of hearing | Her Majesty the Queen in Right of Alberta |
| 2002-11-29 |
Appeal hearing scheduled, 2003-02-12 Judgment reserved |
|
| 2002-10-22 | Book of authorities, Vol. I & II (see decision dated Oct. 22/02), Completed on: 2002-10-24 | Association of Justices of the Peace of Ontario |
| 2002-10-22 | Intervener's factum, (See decision dated Oct. 22/02 - service requested on all parties except for A.G. of Canada and Québec / rec'd Oct. 24/02), Completed on: 2002-10-24 | Association of Justices of the Peace of Ontario |
| 2002-10-22 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Association of Justices of the Peace of Ontario to October 22, 2002. Granted |
|
| 2002-10-22 | Submission of motion to extend time, Reg | |
| 2002-10-16 | Response to motion to extend time, (Letter Form), from Code, Hunter dated Oct. 11, 2002 (fax copy), Completed on: 2002-10-16 | Devon Gary Ell |
| 2002-10-15 | Book of authorities, Completed on: 2002-10-15 | Attorney General of British Columbia |
| 2002-10-15 | Intervener's factum, Completed on: 2002-10-15 | Attorney General of British Columbia |
| 2002-10-15 | Response to motion to extend time, (Letter Form), from C. Enns dated Oct. 15, 2002 (fax copy) re: does not object to the extension by Ass. of Justices of the Peace of Ontario, Completed on: 2002-10-15 | Her Majesty the Queen in Right of Alberta |
| 2002-10-15 | Motion to extend time, to file the factum and authorities to Oct. 22, 2002 (fax copy), Completed on: 2002-10-25 | Association of Justices of the Peace of Ontario |
| 2002-10-11 | Supplemental document, (Book of Legislation) | Attorney General of Canada |
| 2002-10-11 | Intervener's factum, Completed on: 2002-10-11 | Attorney General of Canada |
| 2002-10-11 | Book of authorities, Completed on: 2002-10-11 | Attorney General of Québec |
| 2002-10-11 | Intervener's factum, Completed on: 2002-10-11 | Attorney General of Québec |
| 2002-10-03 | Notice of withdrawal | Attorney General of Manitoba |
| 2002-09-23 | Appeal removed from the list, of the Fall 2002 session | |
| 2002-09-23 | Order on motion to adjourn the hearing of the appeal, (by the Chief Justice) | |
| 2002-09-23 |
Decision on motion to adjourn the hearing of the appeal, CJ, The application by the appellant for an order adjourning the hearing of the appeal is granted, the hearing of the appeal is ajourned to the Winter Session. Granted |
|
| 2002-09-23 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2002-09-19 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), from D. Sgayias dated Sept. 16, 2002, Completed on: 2002-09-19 | Attorney General of Canada |
| 2002-09-17 | Reply to the motion to adjourn the hearing of the appeal, (Letter Form), from R.C. Maybank dated Sept. 16/02 (by fax), Completed on: 2002-09-17 | Her Majesty the Queen in Right of Alberta |
| 2002-09-17 | Supplemental document, (Respondents' Legislative Appendix - 12 copies) | Devon Gary Ell |
| 2002-09-16 | Respondent's book of authorities, (see decision dated Aug. 6/02), Completed on: 2002-09-16 | Devon Gary Ell |
| 2002-09-16 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2002-09-16 |
Decision on the motion for leave to intervene, Ma, The motion for an extension of time and for leave to intervene of the applicant PROVINCIAL COURT OF BRITISH COLUMBIA STIPENDIARY JUSTICES OF THE PEACE ASSOCIATION is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. 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 intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59 (1)(a) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted |
|
| 2002-09-13 | Response to the motion for leave to intervene, (Letter Form), from R.C. Maybank dated Sept. 12/02 (by fax) re: BCSJPA's motion to intervene, Completed on: 2002-09-13 | Her Majesty the Queen in Right of Alberta |
| 2002-09-13 | Respondent's factum, (see decision dated Aug. 6/02), Completed on: 2002-09-13 | Devon Gary Ell |
| 2002-09-13 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), from A.D. Hunter dated Sept. 13/02 (by fax), Completed on: 2002-09-13 | Devon Gary Ell |
| 2002-09-13 | Motion to adjourn the hearing of the appeal, Completed on: 2002-09-13 | Her Majesty the Queen in Right of Alberta |
| 2002-09-13 | Submission of motion for leave to intervene, Ma | |
| 2002-09-06 | Response to the motion for leave to intervene, (Letter Form), from Gowling datedd Sept. 6, 2002, Completed on: 2002-09-06 | Devon Gary Ell |
| 2002-08-30 | Book of authorities, re: intervention, Completed on: 2002-08-30 | Provincial Court of British Columbia Stipendiary Justices of the Peace Association (the "BCSJP" or "Association") |
| 2002-08-30 | Motion for leave to intervene, (extension included) - 3 copies (original in book form only), Completed on: 2002-08-30 | Provincial Court of British Columbia Stipendiary Justices of the Peace Association (the "BCSJP" or "Association") |
| 2002-08-26 | Appellant's book of authorities, Supplementary Book of Authorities - Vol. III re: Costs (see decision of Aug. 6/02), Completed on: 2002-08-26 | Her Majesty the Queen in Right of Alberta |
| 2002-08-26 | Supplemental factum, Supplementary Factum on Costs (see decision of Aug. 6/02) | Her Majesty the Queen in Right of Alberta |
| 2002-08-19 | Notice of hearing | Her Majesty the Queen in Right of Alberta |
| 2002-08-06 | Respondent's record, service filed Sept. 16/02 (book form - 25 copies) (see order dated Aug. 6/02), Completed on: 2002-09-16 | Devon Gary Ell |
| 2002-08-06 | Order on miscellaneous motion | |
| 2002-08-06 |
Decision on miscellaneous motion, Reg, by the appellant for leave to file a 10 page supplementary factum on costs with authorities within 20 days of the date of this order, and further allowing the respondents leave to file a 50 page factum on the merits and costs within 20 days of service of the appellant's supplementary factum on costs. Granted |
|
| 2002-08-06 | Submission of miscellaneous motion, Reg | |
| 2002-07-30 | Response to miscellaneous motion, (Letter Form), letter (by fax) from Gowlings dated July 30/02, Completed on: 2002-07-30 | Devon Gary Ell |
| 2002-07-30 | Order on motion for leave to intervene, (15 MINUTES GRANTED BY MAJOR J.) | |
| 2002-07-29 | Notice of miscellaneous motion, to file a 10 page supplementary factum on costs with authorities within 10 days of the date of the order (and allowing the Respondents to file a 50 page factum within 20 days of service of Alberta's factum on costs), Completed on: 2002-07-29 | Her Majesty the Queen in Right of Alberta |
| 2002-07-29 | Appeal perfected for hearing, Session beginning on 2003-01-13, (previously inscribed for Fall 2002 session - see order of Sept. 23) | |
| 2002-07-23 | Correspondence received from, Robert E. Houston, Q.C. (by fax) dated July 23/02 re date hearing of the appeal | Her Majesty the Queen in Right of Alberta |
| 2002-07-03 | General proceeding, NOTICE OF DISCONTINUANCE OF CROSS-APPEAL (sent to the judges July 4/02) (service to all parties rec'd July 5/02) | Devon Gary Ell |
| 2002-06-11 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2002-06-10 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2002-06-07 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2002-06-07 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2002-06-07 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2002-06-06 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2002-05-31 | Supplemental document, 12 copies of "Legislative appendix" | Her Majesty the Queen in Right of Alberta |
| 2002-05-31 | Appellant's book of authorities, (vol. 1 and 2)(see order), Completed on: 2002-05-31 | Her Majesty the Queen in Right of Alberta |
| 2002-05-31 | Appellant's factum, (see order), Completed on: 2002-05-31 | Her Majesty the Queen in Right of Alberta |
| 2002-05-29 | Appellant's record, Vol. I to VI, Completed on: 2002-05-29 | Her Majesty the Queen in Right of Alberta |
| 2002-05-07 | Notice of constitutional question(s), 1 copy | Her Majesty the Queen in Right of Alberta |
| 2002-05-06 | Order on motion to state a constitutional question | |
| 2002-05-01 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 2.4(8) of the Justice of the Peace Act, R.S.A. 1980, c.J-3, as amended, interfere with the tenure of non-sitting justices of the peace and thereby violate the principle of judicial independence guaranteed by: (a) the preamble of the Constitution Act, 1867, or (b) section 11(d) of the Canadian Charter of Rights and Freedoms? 2. If the answer to question 1(b) is yes, is the Act demonstrably justified as a reasonable limit prescribed by law under s. 1 of the Charter? Notices of intervention are to be filed on or before June 10, 2002. Granted |
|
| 2002-02-28 | Submission of motion to state a constitutional question, CJ | |
| 2002-02-13 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to thirty (30) days following the decision on the motion to state constitutional questions. Granted |
|
| 2002-02-13 | Submission of motion to extend time, Reg | |
| 2002-02-12 | Response to motion to extend time, (Letter Form), letter from Gowlings dated Feb. 11/02, Completed on: 2002-02-12 | Devon Gary Ell |
| 2002-02-08 | Motion to extend time, to file the factum, record and authorities to 30 days after the order setting the constitutional questions, Completed on: 2002-02-08 | Her Majesty the Queen in Right of Alberta |
| 2002-02-07 | Response to the motion to state a constitutional question, (Letter Form), from H. Brown dated Feb. 7, 2002, Completed on: 2002-02-07 | Devon Gary Ell |
| 2002-01-31 | Response to the motion to state a constitutional question, (fax copy), Completed on: 2002-01-31 | Her Majesty the Queen in Right of Alberta |
| 2002-01-10 | Order on motion for leave to intervene, (by the Judge) | |
| 2002-01-10 |
Decision on the motion for leave to intervene, Ma, and extension of time by the ASSOCIATION OF JUSTICES OF THE PEACE OF ONTARIO. 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 the interveners (15 MINUTES GRANTED JULY 30, 2002). 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-01-10 | Submission of motion for leave to intervene, Ma | |
| 2001-12-20 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2001-12-20 | Devon Gary Ell |
| 2001-12-18 | Response to the motion for leave to intervene, (Letter Form), (fax) re: does not object, Completed on: 2001-12-18 | Her Majesty the Queen in Right of Alberta |
| 2001-12-11 | Book of authorities, re: intervention, Completed on: 2001-12-11 | Association of Justices of the Peace of Ontario |
| 2001-12-11 | Motion for leave to intervene, book form, Completed on: 2001-12-11 | Association of Justices of the Peace of Ontario |
| 2001-12-10 | Motion to state a constitutional question, (5 copies), Completed on: 2001-12-10 | Her Majesty the Queen in Right of Alberta |
| 2001-11-21 | Correspondence received from, Burke-Robertson dated Nov. 19, 2001 re: Mr. Hunter's letter dated Nov. 15, 2001 | Her Majesty the Queen in Right of Alberta |
| 2001-11-16 | Correspondence received from, A. Hunter dated Nov. 15, 2001 (fax copy) re: responding to Mr. Houston's letter dated Nov. 9, 2001 | Devon Gary Ell |
| 2001-11-13 | General proceeding, (changes its Agents from Gowling to Burke-Robertson) | Her Majesty the Queen in Right of Alberta |
| 2001-11-09 | Response to the motion to state a constitutional question, (Letter Form), from R. Houston dated Nov. 9, 2001, Completed on: 2001-11-09 | Her Majesty the Queen in Right of Alberta |
| 2001-11-05 | Response to the motion to state a constitutional question, (Letter Form), from R. Maybank dated Nov. 2, 2001(fax copy), Completed on: 2001-11-05 | Her Majesty the Queen in Right of Alberta |
| 2001-10-26 | Motion to state a constitutional question, 2 copies, Completed on: 2001-10-26 | Devon Gary Ell |
| 2001-10-17 | Order granting leave to appeal | |
| 2001-10-16 | Notice of cross appeal, Completed on: 2001-10-16 | Devon Gary Ell |
| 2001-10-10 | Notice of deposit for security | Her Majesty the Queen in Right of Alberta |
| 2001-10-09 | Notice of appeal, Completed on: 2001-10-09 | Her Majesty the Queen in Right of Alberta |
| 2001-09-12 | Correspondence (sent by the Court) to, all parties; tentative hearing date | |
| 2001-09-07 | Notice of deposit of judgment issued to all parties | |
| 2001-09-06 |
Judgment of the Court on the application for leave to cross-appeal Granted, no order as to costs |
|
| 2001-09-06 |
Judgment of the Court on the application for leave to appeal Granted, with costs to the applicant(s) in any event of the cause |
|
| 2001-06-18 | All material on the application for leave to cross-appeal submitted to the Judges, L'HD Arb LeB | |
| 2001-06-18 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2001-04-30 | Supplemental document, (see decision dated Apr. 12/01) | Her Majesty the Queen in Right of Alberta |
| 2001-04-12 |
Decision on the miscellaneous motion, Arb, on behalf of the applicant for leave to file a response to the sur-reply, not exceeding 3 pages in length.. Granted, no order as to costs |
|
| 2001-04-12 | Submission of miscellaneous motion, Arb | |
| 2001-03-27 | Response to miscellaneous motion, (Letter Form), from Gowlings dated March 26/01 (1 copy), Completed on: 2001-03-27 | Devon Gary Ell |
| 2001-03-21 | Notice of miscellaneous motion, (to file a response to sur-reply)(book form), Completed on: 2001-03-21 | Her Majesty the Queen in Right of Alberta |
| 2001-03-06 | Supplemental document, (sur-reply - see order dated Feb. 27, 2001) | Devon Gary Ell |
| 2001-02-27 |
Decision on the miscellaneous motion, Ia, for an order permitting the repondents to file a sur-reply to the applicant's reply, not exceeding 5 pages in length. Granted, no order as to costs |
|
| 2001-02-27 | Submission of miscellaneous motion, Ia | |
| 2001-02-06 | Response to miscellaneous motion, (book form), Completed on: 2001-02-06 | Her Majesty the Queen in Right of Alberta |
| 2001-01-29 | Notice of miscellaneous motion, (to file a sur-reply to the applicant's reply) - 2 copies - book form, Completed on: 2001-01-29 | Devon Gary Ell |
| 2000-12-28 | Applicant's reply to respondent's argument, Completed on: 2000-12-28 | Her Majesty the Queen in Right of Alberta |
| 2000-12-19 | Application for leave to cross-appeal, Completed on: 2000-12-19 | Devon Gary Ell |
| 2000-12-19 | Respondent's response on the application for leave to appeal, Completed on: 2000-12-19 | Devon Gary Ell |
| 2000-11-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-11-20 | Application for leave to appeal, Completed on: 2000-11-20 | Her Majesty the Queen in Right of Alberta |
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 |
|---|---|---|
| Her Majesty the Queen in Right of Alberta | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Devon Gary Ell | Respondent | Active |
| John Michael Maguire and Roselynne Margaret Spencer | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Association of Justices of the Peace of Ontario | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General for Saskatchewan | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of Alberta
Counsel
Christine Enns
9833 - 109 Street
4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-0500
FAX: (780) 425-0307
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Devon Gary Ell
Counsel
Sheilah L. Martin, Q.C.
James T. Eamon
850, 440 -2 Avenue
Calgary, Alberta
T2P 5E9
Telephone: (403) 234-9800
FAX: (403) 261-2054
Email: alan.hunter@codehunterllp.com
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: John Michael Maguire and Roselynne Margaret Spencer
Counsel
Sheilah L. Martin, Q.C.
James T. Eamon
850, 440 -2 Avenue
Calgary, Alberta
T2P 5E9
Telephone: (403) 234-9800
FAX: (403) 261-2054
Email: alan.hunter@codehunterllp.com
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: Association of Justices of the Peace of Ontario
Counsel
Catherine Beagan Flood
PO Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Attorney General of Québec
Counsel
Julie Dassylva
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Canada
Counsel
Jan Brongers
Department of Justice
284 Wellington St, 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-0275
FAX: (613) 952-1227
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 British Columbia
Counsel
Jennifer Button
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
Sean Hanley
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General for Saskatchewan
Counsel
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.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
Court of Queen’s Bench of Alberta
9801 13713
Sections 2.4(8) of Alberta's Justice of the Peace Act and 3(5) of the Justice Statutes Amendment Act declared to be of no force or effect as they relate to the Respondents. Solicitor-client costs denied.
Court of Appeal of Alberta (Calgary)
99-18284
Appellant's appeal dismissed; Respondents' cross-appeal dismissed; Respondents to have full indemnity of reasonable costs of appeal.
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.
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