Case information
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28743
Bell Canada v. Communications, Energy and Paperworkers Union 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-11-20 | Appeal closed | |
| 2003-11-19 | Record returned to the Registrar of the Court of Appeal | |
| 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 Federal Court of Appeal, Number A-698-00, dated May 24, 2001, heard on January 23, 2003 is dismissed with costs. The constitutional questions are answered as follows: (1) 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? Answer: No. (2) Are ss. 48.1 and 48.2 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 and inapplicable? Answer: No. Dismissed, with costs |
|
| 2003-02-06 | Transcript received, and distributed to the judges (138 pages) | |
| 2003-01-23 | Acknowledgement and consent for video taping of proceedings | |
| 2003-01-23 | Respondent's condensed book | Canadian Human Rights Commission |
| 2003-01-23 | Appellant's condensed book | Bell Canada |
| 2003-01-23 | Respondent's condensed book | Communications, Energy and Paperworkers Union of Canada |
| 2003-01-23 | Supplemental document, condensed book | Attorney General of Canada |
| 2003-01-23 | Judgment reserved OR rendered with reasons to follow | |
| 2003-01-23 |
Hearing of the appeal, 2003-01-23, (V013/V014), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-01-22 | Correspondence received from, (Letter Form), Donald Rennie dated 01/22/03 with a list of decisions to be relied on (include in condensed book) | Attorney General of Canada |
| 2003-01-21 | Book of authorities, Completed on: 2003-01-23 | Attorney General of Canada |
| 2003-01-20 | Correspondence received from, Thomas E.F. Brady dated 01/20/03 with excerpts of Harvard Law Review (include in condensed book) | Bell Canada |
| 2003-01-17 | Correspondence received from, T. Brady dated Jan. 17, 2003 (fax copy) re: three counsel addressing the Court at the hearing of this appeal (sent to the judges on Jan. 20, 2003) | Bell Canada |
| 2003-01-15 | Correspondence received from, Peter Engelmann dated 01/15/03 with copy of the FCA judgment in ECWU , Local 96 v. AECL (included in his Condensed Book) | Communications, Energy and Paperworkers Union of Canada |
| 2003-01-15 | Correspondence received from, B. Quinn dated / datée 01-14-03 (by fax/télécopieur) re: Law firm's name changed from / nom de la firme d'avocats changé de Caroline Engelmann Gottheil to/à Engelmann Gottheil | Communications, Energy and Paperworkers Union of Canada |
| 2003-01-13 | Correspondence received from, T. Brady dated Jan. 8, 2003 re: settlement was reached between Bell and the Association in August 2002 (sent to the judges on Jan. 22, 03) | Bell Canada |
| 2003-01-10 | Notice of appearance, (Letter Form), of Roy Heenan, John Murray, and David Statas, dated 01/10/03. | Bell Canada |
| 2003-01-09 | Notice of appearance, (Letter Form), of Sara Blake and Karin Rasmussen, dated 01/09/03. | Attorney General for Ontario |
| 2003-01-08 | Notice of appearance, (Letter Form), of Mary Cornish and Fay C. Faraday, dated 01/08/03. | Canadian Labour Congress ("CLC") |
| 2003-01-07 | Notice of appearance, (Letter Form), of Peter Engelmann and Jula Hughes, dated 01/07/03. | Communications, Energy and Paperworkers Union of Canada |
| 2003-01-07 | Notice of appearance, (Letter Form), of Donald J. Rennie and Alain Préfontaine, dated 01/07/03. | Attorney General of Canada |
| 2003-01-07 | Notice of appearance, (Letter Form), of Ian Fine and Philippe Dufresne, dated 01/07/03. | Canadian Human Rights Commission |
| 2003-01-07 | Reply factum on appeal, (see order dated 12/23/02/voir ordonnance du 12/23/02), Completed on: 2003-01-07 | Bell Canada |
| 2002-12-23 | Order on motion to file a reply factum on appeal, (BY MAJOR J.) | |
| 2002-12-23 |
Decision on the motion to file a reply factum on appeal, Ma, The application is granted in part. The appellant Bell Canada is granted leave to serve and file a factum not exceeding 15 pages in length, on or before January 7, 2003, addressing only the new issues and arguments raised in the factums of the respondents and interveners. Allowed in part |
|
| 2002-12-23 | Submission of motion to file a reply factum on appeal, Ma | |
| 2002-12-20 | Correspondence received from, T. Brady dated/datée 20-12-02 re: requesting that Bell Canada's motion be dealt on an expedited basis/la requête de Bell Canada à être traitée d'une façon expéditive | Bell Canada |
| 2002-12-20 | Reply to motion to file a reply factum on appeal, 6 copies (book form/relié), Completed on: 2002-12-20 | Bell Canada |
| 2002-12-19 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO EACH INTERVENER BY ARBOUR J.) | |
| 2002-12-16 | Response to motion to file a reply factum on appeal, (bookform/relié), Completed on: 2002-12-16 | Communications, Energy and Paperworkers Union of Canada |
| 2002-12-16 | Order on miscellaneous motion, (BY DESCHAMPS J.) | |
| 2002-12-16 |
Decision on miscellaneous motion, De, The application on behalf of the respondent Communications, Energy and Paperworkers Union of Canada for an order allowing the factum of the former respondent Canadian Telephone Employees Association to remain as part of the record is granted. The contents of the factum may be referred to in oral argument during the hearing as any party deems appropriate. Granted |
|
| 2002-12-16 | Submission of miscellaneous motion, De | |
| 2002-12-12 | Response to motion to file a reply factum on appeal, (Letter Form), P. Dufresne dated/datée 12-12-02 (fax copy/télécopieur), Completed on: 2002-12-12 | Canadian Human Rights Commission |
| 2002-12-09 | Reply to miscellaneous motion, (bookform/relié), Completed on: 2002-12-09 | Communications, Energy and Paperworkers Union of Canada |
| 2002-12-06 | Motion to file a reply factum on appeal, no later than 01/10/03 and no longer than 15 p./au plus tard le 01/10/03 et d'au plus 15 p. (bookform/relié), Completed on: 2002-12-06 | Bell Canada |
| 2002-12-05 | Response to miscellaneous motion, (bookform/relié), Completed on: 2002-12-05 | Bell Canada |
| 2002-11-29 |
Appeal hearing scheduled, 2003-01-23 Judgment reserved |
|
| 2002-11-28 | Response to miscellaneous motion, (Letter Form), (format lettre)(from/de P. Dufresne dated/en date 28-11-02)(fax copy/télécopieur), Completed on: 2002-11-28 | Canadian Human Rights Commission |
| 2002-11-28 | Notice of miscellaneous motion, (for an order allowing the factum of the Resp. Can. Telephone to remain as part of the record or alternatively to file a suppl. factum/permission que le factum de Resp. Can. Telephone reste au dossier ou alternativement de produire un factum suppl.), Completed on: 2002-11-28 | Communications, Energy and Paperworkers Union of Canada |
| 2002-11-22 | Book of authorities, Completed on: 2002-11-22 | Canada Post Corporation |
| 2002-11-22 | Intervener's factum, Completed on: 2002-11-22 | Canada Post Corporation |
| 2002-11-14 | Order on motion to extend time | |
| 2002-11-13 |
Decision on motion to extend time, Arb, to serve and file the factum of the intervener Canada Post Corporation to November 22, 2002. Granted |
|
| 2002-11-13 | Submission of motion to extend time, Arb | |
| 2002-11-12 | Response to motion to extend time, endorsements of appellant and C.E.P.U.C.- also rec'd letters from appellant, C.E.P.U.C. and C.H.R.C. dated Nov. 8/02 and Nov. 12/02 (by fax), Completed on: 2002-11-12 | Bell Canada |
| 2002-11-12 | Response to motion to extend time, from P. Dufresne dated Nov. 12/02 sent by E-Mail to Ed. Van Bemmel, Completed on: 2002-11-12 | Canadian Human Rights Commission |
| 2002-11-07 | Motion to extend time, to serve and file the Factum - AMENDED MOTION to extend time to Nov. 22/02 filed Nov. 12/02 (2 copies), Completed on: 2002-11-07 | Canada Post Corporation |
| 2002-11-06 | Correspondence received from, T. Brady dated Nov. 6, 2002 (fax copy) re: further to P. Engelmann's letter dated Nov. 1, 2002 | Bell Canada |
| 2002-11-01 | Correspondence received from, P. Engelmann dated Nov. 1, 2002 (fax copy) re: further to Mr. Brady's letter dated Oct. 31, 2002 | Communications, Energy and Paperworkers Union of Canada |
| 2002-11-01 | Correspondence received from, P. Dufresne dated Nov. 1, 2002 (fax copy) re: agrees that the CTEA factum should not be removed from the Court file | Canadian Human Rights Commission |
| 2002-10-31 | Correspondence received from, A. Raven dated Oct. 31, 2002 (fax copy) re: submits that the CTEA factum should remain part of the Court file | Public Service Alliance of Canada |
| 2002-10-31 | Correspondence received from, T. Brady dated Oct. 31, 2002 (fax copy) re: replying to P. Engelmann's letter dated Oct. 30, 2002 | Bell Canada |
| 2002-10-30 | Correspondence received from, P. Engelmann dated Oct. 30, 2002 (fax copy) re: opposition to the removal of the factum of CTEA | Communications, Energy and Paperworkers Union of Canada |
| 2002-10-29 | Correspondence received from, T. Brady dated Oct. 29, 2002 (fax copy) re: confirmation if the factum filed by Can. Telephone Employees will be removed | Bell Canada |
| 2002-10-29 | Correspondence received from, L. Steinberg dated Oct. 29, 2002 (fax copy) re: Bell Canada has negotiated a settlement with Can. Telephone Employees Ass.; this party takes no further part in these proceedings | Canadian Telephone Employees Association |
| 2002-10-29 | Appeal removed from the list, of Fall 2002 session | |
| 2002-10-25 | Book of authorities, Completed on: 2002-10-25 | Public Service Alliance of Canada |
| 2002-10-25 | Intervener's factum, Completed on: 2002-10-25 | Public Service Alliance of Canada |
| 2002-10-24 | Intervener's factum, Completed on: 2002-10-24 | Attorney General of Canada |
| 2002-10-24 | Book of authorities, (15 copies), Completed on: 2002-10-24 | Canadian Labour Congress ("CLC") |
| 2002-10-24 | Intervener's factum, (25 copies), Completed on: 2002-10-24 | Canadian Labour Congress ("CLC") |
| 2002-10-22 | Book of authorities, Completed on: 2002-10-22 | Attorney General for Ontario |
| 2002-10-22 | Intervener's factum, Completed on: 2002-10-22 | Attorney General for Ontario |
| 2002-10-18 | Notice of withdrawal | Attorney General of Manitoba |
| 2002-10-10 | Correspondence received from, O. Gagnon en date du 10 octobre 2002 (télécopieur) re: n'a pas l'intention d'intervenir mais sera présente à l'audition | Femmes Action |
| 2002-10-09 | Reply to the motion for leave to intervene, 3 copies - book form, Completed on: 2002-10-09 | Canada Post Corporation |
| 2002-10-09 | Order on motion for leave to intervene, (BY ARBOUR J.) | |
| 2002-10-09 |
Decision on the motion for leave to intervene, Arb, IT IS HEREBY ORDERED THAT: 1. I am not persuaded that there is a foundation to grant an extension of time in this case. More importantly the submissions that the proposed intervener intends to make are either repetitive of that of the appellant or, to the extent that they differ, they raise issues that are not sufficiently relevant to the issues under appeal to be of assistance to the Court in the disposition of the case. The motion for an extension of time and for leave to intervene of the applicant FEDERALLY REGULATED EMPLOYERS - TRANSPORTATION AND COMMUNICATION is denied. 2. The motion for an extension of time and for leave to intervene of the applicant CANADA POST CORPORATION is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length to be served and filed on or before November 8, 2002 (15 MINUTES ORAL ARGUMENT GRANTED DECEMBER 19, 2002).. 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 |
|
| 2002-10-09 | Submission of motion for leave to intervene, Arb | |
| 2002-10-09 | Response to the motion for leave to intervene, (Letter Form), from L. Steinberg dated Oct. 9/02 (by fax) re: Canada Post's Motion, Completed on: 2002-10-09 | Canadian Telephone Employees Association |
| 2002-10-08 | Response to the motion for leave to intervene, re: Canada Post's Motion (book form), Completed on: 2002-10-08 | Communications, Energy and Paperworkers Union of Canada |
| 2002-10-04 | Response to the motion for leave to intervene, (Letter Form), from P. Dufresne dated Oct. 4/02 (by fax) re: to Canada Post's Motion, Completed on: 2002-10-04 | Canadian Human Rights Commission |
| 2002-10-03 | Response to the motion for leave to intervene, (Letter Form), from F. Campbell dated Oct. 3/02 (by fax) re: in response to FETCO's Motion, Completed on: 2002-10-03 | Communications, Energy and Paperworkers Union of Canada |
| 2002-10-03 | Response to the motion for leave to intervene, to Canada Post's Motion (1 copy), Completed on: 2002-10-03 | Bell Canada |
| 2002-10-01 | Motion for leave to intervene, to file a factum and make oral submissions (book form), Completed on: 2002-10-01 | Canada Post Corporation |
| 2002-10-01 | Response to the motion for leave to intervene, to FETCO's motion (book form), Completed on: 2002-10-01 | Canadian Telephone Employees Association |
| 2002-10-01 | Correspondence received from, P. Dufresne dated Sept. 30/02 re: enclosing proof of deliveries of the courier company for the factum and record | Canadian Human Rights Commission |
| 2002-09-30 | Book of authorities, on motion for leave to intervene (3 copies - book form), Completed on: 2002-09-30 | Federally Regulated Employers - Transportation and Communication ("FETCO") |
| 2002-09-26 | Response to the motion for leave to intervene, (Letter Form), from P. Dufresne dated Sept. 26, 2002 (fax copy) re: conditional consent, Completed on: 2002-09-26 | Canadian Human Rights Commission |
| 2002-09-25 | Respondent's book of authorities, JOINT vol. I & II, Completed on: 2002-09-25 | Canadian Telephone Employees Association |
| 2002-09-25 | Supplemental document, JOINT Appendix of Statutes and Statutory Instruments of the RESPONDENTS | Canadian Telephone Employees Association |
| 2002-09-25 | Respondent's factum, Completed on: 2002-09-25 | Communications, Energy and Paperworkers Union of Canada |
| 2002-09-25 | Respondent's factum, Completed on: 2002-09-25 | Canadian Telephone Employees Association |
| 2002-09-25 | Respondent's record, (proof of deliveries rec'd Oct. 1/02), Completed on: 2002-09-25 | Canadian Human Rights Commission |
| 2002-09-25 | Respondent's factum, (proof of deliveries rec'd Oct. 1/02), Completed on: 2002-09-25 | Canadian Human Rights Commission |
| 2002-09-25 | Motion for leave to intervene, (extension of time included), Completed on: 2002-09-30 | Federally Regulated Employers - Transportation and Communication ("FETCO") |
| 2002-09-19 | Order on motion for leave to intervene | |
| 2002-09-19 |
Decision on the motion for leave to intervene, Arb, 1. The motion for leave to intervene of the applicant PUBLIC SERVICE ALLIANCE OF CANADA is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length (15 MINUTES ORAL ARGUMENT GRANTED DECEMBER 19, 2002). 2. The motion for an extension of time and for leave to intervene of the applicant CANADIAN LABOUR CONGRESS is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length (15 MINUTES ORAL ARGUMENT GRANTED DECEMBER 19, 2002). 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. The interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the interventions. Granted |
|
| 2002-09-19 | Submission of motion for leave to intervene, Arb | |
| 2002-09-06 | Reply to the motion for leave to intervene, (bookform)(proof of delivery requested), Completed on: 2002-09-09 | Canadian Labour Congress ("CLC") |
| 2002-09-03 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2002-08-30 | Response to the motion for leave to intervene, re: intervention by Canadian Labour Congress (book form), Completed on: 2002-08-30 | Bell Canada |
| 2002-08-29 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2002-08-28 | Response to the motion for leave to intervene, (Letter Form), from T. E.F. Brady to Public Service Alliance of Canada's motion (by fax - original rec'd Aug. 30/02), Completed on: 2002-08-28 | Bell Canada |
| 2002-08-23 | Response to the motion for leave to intervene, (joint consent with Communications, Energy and Can. Human Rights Commission), Completed on: 2002-08-23 | Canadian Telephone Employees Association |
| 2002-08-23 | Motion to extend time, (included in motion to intervene) - book form, Completed on: 2002-08-23 | Canadian Labour Congress ("CLC") |
| 2002-08-23 | Motion for leave to intervene, 4 copies - book form (extension of time included), Completed on: 2002-08-23 | Canadian Labour Congress ("CLC") |
| 2002-08-22 | Response to the motion for leave to intervene, (joint consent with Femmes Action and Can. Human Rights Comm.) - included in motion, Completed on: 2002-08-22 | Communications, Energy and Paperworkers Union of Canada |
| 2002-08-22 | Motion for leave to intervene, (book form) - see letter from A. Roland sent on Aug. 16, 2002, Completed on: 2002-08-22 | Public Service Alliance of Canada |
| 2002-08-16 | Correspondence (sent by the Court) to, the parties from A. Roland re: parties in 28737 may intervene in this appeal; interventions should be received by Aug. 30, 2002 | |
| 2002-07-31 | Appeal perfected for hearing, Session beginning on 2003-01-13, (previously inscribed for Fall 2002 session) | |
| 2002-07-31 | Supplemental document, Appendix of Statutes, Statutory Instruments and International Treaties - Vol. I & II (13 copies) | Bell Canada |
| 2002-07-31 | Appellant's book of authorities, Vol. I & II (13 copies), Completed on: 2002-07-31 | Bell Canada |
| 2002-07-31 | Appellant's record, Vol. I & II, Completed on: 2002-07-31 | Bell Canada |
| 2002-07-31 | Appellant's factum, (see decisions of May 9 and July 10/02), Completed on: 2002-07-31 | Bell Canada |
| 2002-07-17 | Notice of constitutional question(s) | Bell Canada |
| 2002-07-12 | Order on motion to state a constitutional question | |
| 2002-07-10 |
Decision on the motion to state a constitutional question, CJ, 1. 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? 2. Are ss. 48.1 and 48.2 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 and inapplicable? Notices of intervention are to be filed on or before September 3, 2002. Granted |
|
| 2002-06-18 | Correspondence received from, J.C. Murray dated June 18/02 (by fax) re: constitutional question | Bell Canada |
| 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 21 days following the decision on the motion to state constitutional questions. Granted |
|
| 2002-05-09 | Submission of motion to extend time, Reg | |
| 2002-05-08 | Response to motion to extend time, (Letter Form), P. Engelmann dated May 8/02 (by fax) re: CEP and Femmes Action do not object Bell Canada's motion, Completed on: 2002-05-08 | Communications, Energy and Paperworkers Union of Canada |
| 2002-05-08 | Response to motion to extend time, (Letter Form), P. Engelmann dated May 8/02 (by fax) re: does not object Bell Canada's motion, Completed on: 2002-05-08 | Canadian Telephone Employees Association |
| 2002-05-08 | Correspondence received from, T. Brady dated May 7, 2002 (fax copy) re: order to the motion to extend the time | Bell Canada |
| 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 |
| 2002-04-26 | Motion to extend time, to file the factum and record as 21 days after const. questions are stated or May 7, 2002 - book form, Completed on: 2002-04-26 | Bell Canada |
| 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 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 (15 MINUTES ORAL ARGUMENT GRANTED DECEMBER 19, 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 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 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 (15 MINUTES ORAL ARGUMENT GRANTED DECEMBER 19, 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 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 | |
| 2002-03-21 | Reply to the motion to state a constitutional question, (Letter Form), letter from John C. Murray dated March 20/02, Completed on: 2002-03-21 | Bell 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 (joint with 28737) (original rec'd March 22/02), Completed on: 2002-03-18 | Attorney General of Canada |
| 2002-03-15 | Response to the motion to state a constitutional question, (Letter Form), letter from Peter Engelmann dated March 15/02, Completed on: 2002-03-15 | Communications, Energy and Paperworkers Union of Canada |
| 2002-03-15 | Response to the motion to state a constitutional question, (Letter Form), letter (by fax) from Larry Steinberg dated March 15/02, Completed on: 2002-03-15 | Canadian Telephone Employees Association |
| 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. Ontario, Completed on: 2002-03-12 | Bell Canada |
| 2002-03-12 | Response to the motion for leave to intervene, book form re: intervention by A.G. Canada, Completed on: 2002-03-12 | Bell Canada |
| 2002-03-08 | Motion to state a constitutional question, (bookform), Completed on: 2002-03-08 | Bell Canada |
| 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 28737), Completed on: 2002-03-05 | Attorney General of Canada |
| 2002-02-05 | Appeal court record, 2 boxes (joint with Trial record) | |
| 2002-01-08 | Order granting leave to appeal | |
| 2002-01-07 | Notice of appeal, Completed on: 2002-01-07 | Bell Canada |
| 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 | Book of authorities, re: reply, Completed on: 2001-09-26 | Bell Canada |
| 2001-09-26 | Applicant's reply to respondent's argument, replying to C.H.R.C., Completed on: 2001-09-26 | Bell Canada |
| 2001-09-26 | Applicant's reply to respondent's argument, (replying to Telephone Employees Ass. et Communications, Energy), Completed on: 2001-09-26 | Bell Canada |
| 2001-09-19 | Respondent's response on the application for leave to appeal, Completed on: 2001-09-19 | Canadian Human Rights Commission |
| 2001-09-19 | Book of authorities, (joint), Completed on: 2001-09-19 | Canadian Telephone Employees Association |
| 2001-09-19 | Respondent's response on the application for leave to appeal, (joint response with Communications, Energy et al), Completed on: 2001-09-19 | Canadian Telephone Employees Association |
| 2001-08-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-08-20 | Supplemental document, Appendix of Statutes, Statutory Instruments and International Treaties of the Applicant Bell Canada | Bell Canada |
| 2001-08-20 | Application for leave to appeal, Vols. 1 to 2, Completed on: 2001-08-20 | Bell Canada |
| 2001-08-20 | Book of authorities, Vols. 1 to 4, Completed on: 2001-08-20 | Bell Canada |
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 |
|---|---|---|
| Bell Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Communications, Energy and Paperworkers Union of Canada | Respondent | Active |
| Femmes Action | Respondent | Active |
| Canadian Human Rights Commission | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Public Service Alliance of Canada | Intervener | Active |
| Canadian Labour Congress ("CLC") | Intervener | Active |
| Canada Post Corporation | Intervener | Active |
Counsel
Party: Bell Canada
Counsel
Names
Roy L. Heenan
John Murray
Thomas Brady
David Stratas
John Murray
Thomas Brady
David Stratas
Contact information
Heenan Blaikie LLP
2500 - 1250 René-Lévesque Blvd West
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2264
FAX: (514) 846-3427
Email: rheenan@heenan.ca
2500 - 1250 René-Lévesque Blvd West
Montréal, Quebec
H3B 4Y1
Telephone: (514) 846-2264
FAX: (514) 846-3427
Email: rheenan@heenan.ca
Agent
Name
Guy Dufort
Contact information
Heenan Blaikie LLP
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7904
FAX: (613) 236-9632
Email: gdufort@heenan.ca
55 Metcalfe Street
Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-7904
FAX: (613) 236-9632
Email: gdufort@heenan.ca
Party: Communications, Energy and Paperworkers Union of Canada
Counsel
Names
Peter C. Engelmann
Jula Hughes
Jula Hughes
Contact information
Engelmann Gottheil
500-30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: pengelmann@ceglaw.com
500-30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: pengelmann@ceglaw.com
Party: Femmes Action
This party is not represented by counsel.
Party: Canadian Human Rights Commission
Counsel
Names
Philippe Dufresne
Ian Fine
Ian Fine
Contact information
Canadian Human Rights Commission
344 Slater Street
Canada Building, 9th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9162
FAX: (613) 993-3089
Email: philippe.dufresne@chrc-ccdp.ca
344 Slater Street
Canada Building, 9th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9162
FAX: (613) 993-3089
Email: philippe.dufresne@chrc-ccdp.ca
Party: Attorney General of Canada
Counsel
Names
Donald J. Rennie
Alain Préfontaine
Alain Préfontaine
Contact information
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
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
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
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
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 for Ontario
Counsel
Names
Sara Blake
Michel Hélie
Karin Rasmussen
Michel Hélie
Karin Rasmussen
Contact information
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
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
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Public Service Alliance of Canada
Counsel
Names
Andrew Raven
David Yazbeck
David Yazbeck
Contact information
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
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com
Party: Canadian Labour Congress ("CLC")
Counsel
Names
Mary F. Cornish
Fay Faraday
Fay Faraday
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish LLP
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Canada Post Corporation
Counsel
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
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
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
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
November 2, 2000
Federal Court of Canada, Trial Division
T-890-99
Federal Court of Canada, Trial Division
T-890-99
Appellant's application for judicial review granted: Tribunal decision quashed
May 24, 2001
Federal Court of Appeal
A-698-00
Federal Court of Appeal
A-698-00
Appeal allowed: application for judicial review dismissed
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.
Downloadable PDFs
Not available
Related links
Date modified: 2025-05-13