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28737

Government of the Northwest Territories v. Public Service Alliance 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2002-08-20 Appeal closed
2002-08-20 Record returned to the Registrar of the Court of Appeal
2002-08-16 Correspondence (sent by the Court) to, the parties from A. Roland re: advising them that the Court will not hear the appeal on Tuesday, Dec. 10, 2002
2002-08-15 Discontinuance of the appeal Government of the Northwest Territories
2002-07-25 Response to motion to extend time, (Letter Form), from P. Dufresne dated July 25, 2002 (fax copy) re: does not oppose to GNMT's motion, Completed on: 2002-07-25 Canadian Human Rights Commission
2002-07-24 Response to motion to extend time, (Letter Form), from A. Raven dated July 24, 2002 re: does not oppose to GNMT's motion, Completed on: 2002-07-24 Public Service Alliance of Canada
2002-07-16 Notice of change of counsel, (now Max Bernard and Joy Noonan) Government of the Northwest Territories
2002-07-16 Motion to extend time, (to file the record and factum, as 5 days from the date on which the Court issues its directions to whether it will hear the appeal) - book form - 3 copies, Completed on: 2002-07-16 Government of the Northwest Territories
2002-07-16 Notice of constitutional question(s), 1 copy Government of the Northwest Territories
2002-07-12 Order on motion to state a constitutional question
2002-07-10 Decision on the motion to state a constitutional question, CJ,
Are ss. 27(2) and (3) of the Canadian Human Rights Act, R.S.C.1985, c. H-6, as amended, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44, and the constitutional principle of adjudicative independence and therefore inoperable or inapplicable?

Notices of interventions are to be filed on or before September 3, 2002.
Granted
2002-07-09 Correspondence received from, Andrew Raven dated July 9, 2002 re: wishes to continue with the hearing of appeal (sent to Judges on July 17, 2002) Public Service Alliance of Canada
2002-07-09 Correspondence received from, M. Bernard of Heenan, Blaikie dated July 9, 2002 re: resolution of PSAC's complaint (documents attached: letters from A. Raven, T. Brady and memo of agreement) - sent to the judges on July 17, 2002 Government of the Northwest Territories
2002-05-13 Order on motion to extend time
2002-05-09 Decision on motion to extend time, Reg, to serve and file the appellant's factum and record to 10 days following the decision on the motion to state constitutional questions.
Granted
2002-05-09 Submission of motion to extend time, Reg
2002-05-07 Correspondence received from, M.R. Bernard dated May 7/02 re: further motion to extend time coming Government of the Northwest Territories
2002-05-02 Response to motion to extend time, (Letter Form), from P. Dufresne dated May 2, 2002 (fax copy), Completed on: 2002-05-02 Canadian Human Rights Commission
2002-04-29 Response to motion to extend time, (Letter Form), from D. Yazbeck dated April 29, 2002 (fax copy), Completed on: 2002-04-29 Public Service Alliance of Canada
2002-04-26 Motion to extend time, to file the factum and record as 10 days after const. questions are stated or May 7, 2002 - book form, Completed on: 2002-04-26 Government of the Northwest Territories
2002-04-17 Submission of motion to state a constitutional question, CJ
2002-04-15 Order on motion for leave to intervene, (BY THE COURT)
2002-04-15 Decision on the motion for leave to intervene, Arb, IT IS HEREBY ORDERED THAT:

The motion for leave to intervene of the applicant Attorney General of Canada is granted and the applicant shall be entitled to serve and file a joint 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 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention.

Granted
2002-04-15 Submission of motion for leave to intervene, Arb
2002-04-15 Order on motion for leave to intervene, (BY THE COURT)
2002-04-15 Decision on the motion for leave to intervene, Arb, IT IS HEREBY ORDERED THAT:

The motion for leave to intervene of the applicant Attorney General of Ontario is granted and the applicant shall be entitled to serve and file a joint 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 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention.
Granted
2002-04-15 Submission of motion for leave to intervene, Arb
2002-03-20 Reply to the motion to state a constitutional question, (Letter Form), letter from Max R. Bernard dated March 19/02, Completed on: 2002-03-20 Government of the Northwest Territories
2002-03-18 Response to the motion to state a constitutional question, (Letter Form), letter from Andrew Raven dated March 15/02, Completed on: 2002-03-18 Public Service Alliance of Canada
2002-03-18 Reply to the motion for leave to intervene, (Letter Form), letter (by fax) from Donald J. Rennie dated March 18/02, Completed on: 2002-03-18 Attorney General of Canada
2002-03-14 Response to the motion to state a constitutional question, (Letter Form), from P. Dufresne dated March 14, 2002 (fax copy), Completed on: 2002-03-14 Canadian Human Rights Commission
2002-03-12 Response to the motion for leave to intervene, book form re: intervention by A. G. Canada, Completed on: 2002-03-12 Government of the Northwest Territories
2002-03-12 Response to the motion for leave to intervene, book form re: intervention by A.G. Ontario, Completed on: 2002-03-12 Government of the Northwest Territories
2002-03-08 Motion to state a constitutional question, (bookform), Completed on: 2002-03-08 Government of the Northwest Territories
2002-03-05 Motion for leave to intervene, (book form), Completed on: 2002-03-05 Attorney General for Ontario
2002-03-05 Motion for leave to intervene, (joint with 28743), Completed on: 2002-03-05 Attorney General of Canada
2002-01-15 Appeal court record, (6 boxes)
2002-01-08 Order granting leave to appeal
2002-01-08 Notice of appeal, Completed on: 2002-01-08 Government of the Northwest Territories
2001-12-21 Notice of deposit of judgment issued to all parties
2001-12-18 Notice of deposit of judgment issued to all parties
2001-12-17 Correspondence (sent by the Court) to, all parties; re: Filing Timetable / Tentative hearing date
2001-12-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted
2001-11-05 All materials on application for leave submitted to the Judges, G Ma Bi
2001-09-26 Applicant's reply to respondent's argument, (replying to P.S.A.C.), Completed on: 2001-09-26 Government of the Northwest Territories
2001-09-26 Book of authorities, re: reply, Completed on: 2001-09-26 Government of the Northwest Territories
2001-09-26 Applicant's reply to respondent's argument, (replying to C.H.R.C.), Completed on: 2001-09-26 Government of the Northwest Territories
2001-09-20 Respondent's response on the application for leave to appeal, Completed on: 2001-09-20 Canadian Human Rights Commission
2001-09-19 Respondent's response on the application for leave to appeal, Completed on: 2001-09-19 Public Service Alliance of Canada
2001-08-30 Order by
2001-08-30 Decision on motion to expedite the application for leave to appeal, Arb, The motion by the applicant to expedite the application for leave to appeal is dismissed, no order as to costs. In the circumstances of the case, the application for leave to appeal must go through the normal process, before it is submtited to a panel.
Dismissed, no order as to costs
2001-08-29 Submission of motion to expedite the application for leave to appeal, Arb
2001-08-29 Reply to motion to expedite the application for leave to appeal, (Letter Form), letter from Max R. Bernard (by fax) dated August 29/01, Completed on: 2001-08-29 Government of the Northwest Territories
2001-08-28 Letter acknowledging receipt of a complete application for leave to appeal
2001-08-27 Response to the motion to expedite the application for leave to appeal, (Letter Form), letter from Philippe Dufresne (by fax) dated August 27/01, Completed on: 2001-08-27 Canadian Human Rights Commission
2001-08-27 Response to the motion to expedite the application for leave to appeal, (Letter Form), letter from David Yazbeck dated August 24/01, Completed on: 2001-08-27 Public Service Alliance of Canada
2001-08-20 Supplemental document, Appendix of Statutes, Statutory Instruments and International Treaties Government of the Northwest Territories
2001-08-20 Book of authorities, vol. I to III, Completed on: 2001-08-20 Government of the Northwest Territories
2001-08-20 Motion to expedite the application for leave to appeal, (bookform), Completed on: 2001-08-20 Government of the Northwest Territories
2001-08-20 Application for leave to appeal, vol. I & II, Completed on: 2001-08-20 Government of the Northwest Territories

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

Main parties - Appellants
Name Role Status
Government of the Northwest Territories Appellant Active

v.

Main parties - Respondents
Name Role Status
Public Service Alliance of Canada Respondent Active
Canadian Human Rights Commission Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Government of the Northwest Territories

Counsel
Max R. Bernard
Joy Noonan
Heenan Blaikie LLP
2500 - 1250 Boul. René-Lévesque Ouest
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2216
FAX: (514) 921-1216
Email: mbernard@heenan.ca
Agent
Guy Dufort
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7904
FAX: (613) 236-9632
Email: gdufort@heenan.ca

Party: Public Service Alliance of Canada

Counsel
Andrew Raven
David Yazbeck
Raven, Cameron, Ballantyne & Yazbeck LLP
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com

Party: Canadian Human Rights Commission

Counsel
René Duval
Philippe Dufresne
Canadian Human Rights Commission
344 Slater St.
Canada Building, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9156
FAX: (613) 993-3089
Email: rene.duval@chrc-ccdp.ca

Party: Attorney General of Canada

Agent
Donald J. Rennie
Attorney General of Canada
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: donald.rennie@justice.gc.ca

Party: Attorney General for Ontario

Counsel
Sara Blake
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4155
FAX: (416) 326-4181
Email: sara.blake@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

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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.

None.

Lower court rulings

December 15, 1999
Federal Court of Canada, Trial Division

T-2411-98

the motion is allowed and the application for judicial review is dismissed

May 24, 2001
Federal Court of Appeal

A-13-00

appeal allowed with cost......

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.

Downloadable PDFs

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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.

Downloadable PDFs

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Webcasts

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Date modified: 2025-02-27