Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29213
In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island, et al. v. Attorney General of Canada, et al.
(Prince Edward Island) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-04-23 | Record returned to the Registrar of the Court of Appeal | |
| 2003-03-18 | Appeal closed | |
| 2003-03-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-03-11 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Supreme Court of Prince Edward Island, Appeal Division, Number S1-AD-0923, dated April 24, 2002, was heard this day and the following judgment was rendered: The Chief Justice (orally) — It will not be necessary to hear from the respondents or the interveners. The Court would dismiss the appeal, substantially for the reasons of the Chief Justice of Prince Edward Island. The appeal is dismissed. Dismissed |
|
| 2003-03-11 | Supplemental document, "Criminal Code excerpts" given in Court at the hearing of the appeal | In the matter of Earth Future Lottery: Earth Fund |
| 2003-03-11 |
Hearing of the appeal, 2003-03-11, (V030), CJ G Ia Ma Ba Bi Arb LeB De Judgment rendered |
|
| 2003-03-11 | Acknowledgement and consent for video taping of proceedings | |
| 2003-03-10 | Respondent's condensed book | Attorney General of Canada |
| 2003-03-06 | Appellant's condensed book, 14 copies | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2003-03-05 | Motion to extend time, to file the factum and authorities to Feb. 4, 2003, Completed on: 2003-03-05 | Attorney General of Ontario |
| 2003-03-03 | Notice of appearance, (Letter Form), from Justice dated March 3, 2003 (fax copy) | Attorney General of Canada |
| 2003-02-11 | Notice of appearance | Attorney General of Quebec |
| 2003-02-06 |
Decision on the motion for leave to intervene, Ia, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal and pursuant to the order of November 13, 2002; IT IS HEREBY FURTHER ORDERED THAT the Attorney General of Ontario is granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of the appeal. À LA SUITE DE LA DEMANDE du Procureur général du Québec visant à obtenir l'autorisation d'intervenir dans l'appel susmentionné et suite à l'ordonnance du 2 décembre 2002; LA COUR accorde au Procureur général du Québec l'autorisation de présenter une plaidoirie orale dont la durée ne pourra dépasser quinze (15) minutes au total lors de l'audition de l'appel. Granted |
|
| 2003-02-05 | Order on motion for additional time to present oral argument, (BY CHIEF JUSTICE) | |
| 2003-02-05 |
Decision on motion for additional time to present oral argument, filed by Earth Fund and the A.G. P.E.I., CJ Dismissed |
|
| 2003-02-04 | Book of authorities, Incomplete | Attorney General of Ontario |
| 2003-02-03 | Intervener's factum, Incomplete | Attorney General of Ontario |
| 2003-01-30 | Submission of motion for additional time to present oral argument, CJ | |
| 2003-01-23 | Notice of hearing | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2003-01-20 | Notice of appearance | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2003-01-16 | Response to the motion for additional time to present oral argument, (Letter Form), letter from Michael L. Phelan dated 01/16/03, Completed on: 2003-01-21 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2003-01-10 | Notice of change of counsel, from / de Mark Ledwell - McInnes Cooper to / à Michael L. Phelan - Ogilvy Renault counsel for the respondents / avocat pour les intimées, Interprovincial Lottery Corporation, et al | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2003-01-08 | Response to the motion for additional time to present oral argument, (Letter Form), from/de R. Frater dated/datée 8-1-03 (fax copy/télécopieur), Completed on: 2003-01-08 | Attorney General of Canada |
| 2002-12-30 | Response to the motion for additional time to present oral argument, (Letter Form), C. Wedge dated/datée 19-12-02, Completed on: 2002-12-30 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-12-23 |
Appeal hearing scheduled, 2003-03-11 Judgment rendered |
|
| 2002-12-20 | Respondent's book of authorities, (13 copies), Completed on: 2002-12-20 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-12-20 | Respondent's factum, (25 copies), Completed on: 2002-12-20 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-12-19 | Book of authorities, (14 copies), Completed on: 2002-12-19 | Attorney General of Quebec |
| 2002-12-19 | Intervener's factum, (25 copies), Completed on: 2002-12-19 | Attorney General of Quebec |
| 2002-12-17 | Motion for additional time to present oral argument, for an additional 30 minutes / pour 30 minutes additionnelles, Completed on: 2002-12-17 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-12-02 | Order on motion for leave to intervene | |
| 2002-12-02 |
Decision on the motion for leave to intervene, Ia, The motion for leave to intervene of the applicant ATTORNEY GENERAL OF QUÉBEC 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
|
| 2002-12-02 | Submission of motion for leave to intervene, Ia | |
| 2002-11-19 | Respondent's book of authorities, Completed on: 2002-11-19 | Attorney General of Canada |
| 2002-11-19 | Respondent's factum, Completed on: 2002-11-19 | Attorney General of Canada |
| 2002-11-14 | Order on motion to extend time | |
| 2002-11-13 | Response to the motion for leave to intervene, (Letter Form), from R. Frater dated Nov. 13, 2002 (fax copy) re: intervention by A.G. Ontario, Completed on: 2002-11-13 | Attorney General of Canada |
| 2002-11-13 | Order on motion for leave to intervene, (BY IACOBUCCI J.) | |
| 2002-11-13 |
Decision on the motion for leave to intervene, Ia, 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 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 intervener. 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
|
| 2002-11-13 | Submission of motion for leave to intervene, Ia | |
| 2002-11-13 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-11-12 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the respondents Interprovincial Lottery Corporation et al. to December 20, 2002. Granted |
|
| 2002-11-12 | Submission of motion to extend time, Reg | |
| 2002-11-06 | Response to motion to extend time, (consent) to file their factum & Authorities to Dec. 20/02, Completed on: 2002-11-06 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-10-31 | Order on motion to add or substitute parties | |
| 2002-10-29 | Motion to extend time, to file the factum and authorities to Dec. 20, 2002, Completed on: 2002-10-29 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-10-25 |
Decision on motion to add or substitute parties, Reg, The motion on behalf of the Attorney General of Canada to be added as a party respondent. Granted |
|
| 2002-10-25 |
Decision on motion to add or substitute parties, Reg, The motion on behalf of the Interprovincial Lottery Corporation et al. to be added as party respondents. Granted |
|
| 2002-10-25 | Submission of motion to add or substitute parties, Reg | |
| 2002-10-11 | Response to motion to add or substitute parties, to Interprovincial Lottery Corp., et al, Completed on: 2002-10-11 | In the matter of Earth Future Lottery: Earth Fund |
| 2002-10-11 | Response to motion to add or substitute parties, to A.G. of Canada motion, Completed on: 2002-10-11 | In the matter of Earth Future Lottery: Earth Fund |
| 2002-10-10 | Response to motion to add or substitute parties, consenting re: motion by A.G. Canada, Completed on: 2002-10-10 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-10-10 | Response to motion to add or substitute parties, (consenting) re: motion by Inerprovincial Lottery Corp., Completed on: 2002-10-10 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-10-09 | Response to motion to add or substitute parties, (Letter Form), from M.L. Phelan dated Oct. 9/02 (by fax) to A.G. of Canada's Motion, Completed on: 2002-10-09 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-09-27 | Motion to add or substitute parties, adding the Attorney General of Canada as respondent, Completed on: 2002-09-27 | Attorney General of Canada |
| 2002-09-26 | Motion to add or substitute parties, to be added as Party Respondents or, alternatively, to intervene in the appeal - Memorandum attached (amended Notice of Motion replacing Notice file Aug. 26/02), Completed on: 2002-09-26 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-09-24 | Appellant's book of authorities, vol. I & II, Completed on: 2002-09-24 | In the matter of Earth Future Lottery: Earth Fund |
| 2002-09-24 | Appellant's factum, Completed on: 2002-09-25 | In the matter of Earth Future Lottery: Earth Fund |
| 2002-09-18 | Appellant's book of authorities, Completed on: 2002-09-18 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-09-18 | Appellant's record, Completed on: 2002-09-18 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-09-18 | Appellant's factum, Completed on: 2002-09-18 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-08-29 | Response to the motion for leave to intervene, re: intervention by A.G. Quebec, Completed on: 2002-08-29 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-08-29 | Response to the motion for leave to intervene, re: intervention by Interprovincial Lottery Corp. et al, Completed on: 2002-08-29 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-08-26 | Motion for leave to intervene, (book form) SEE AMENDED MOTION filed Sept. 26/02 (Motion to be added as party Respondents), Completed on: 2002-08-26 | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-08-23 | Motion for leave to intervene, 1 copie, Completed on: 2002-08-23 | Attorney General of Quebec |
| 2002-08-23 | Response to the motion for leave to intervene, re: intervention by A.G. Canada, Completed on: 2002-08-23 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
| 2002-08-22 | Motion for leave to intervene, (book form), Completed on: 2002-08-22 | Attorney General of Ontario |
| 2002-08-19 | Motion for leave to intervene, Completed on: 2002-08-19 | Attorney General of Canada |
| 2002-06-20 | Appeal court record, (1 box) | |
| 2002-06-19 | Notice of change of counsel, (from E. Rossiter to M. Edwardh) | In the matter of Earth Future Lottery: Earth Fund |
| 2002-06-07 | Correspondence received from, M. Phelan dated June 7, 2002 (fax copy) re: Mr. Phelan is a co-counsel for the parties along with Mark Ledwell | Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation |
| 2002-06-05 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Mar. 11/03) | |
| 2002-05-24 | Notice of appeal, Completed on: 2002-07-16 | In the matter of Earth Future Lottery: Earth Fund |
| 2002-05-24 | Notice of appeal, (reasons for judgment included)(also, document entitled "Questions - statement of facts" filed in the C.A. included - book form) - proof of service received May 30, 2002, Completed on: 2002-05-24 | In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island |
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 |
|---|---|---|
| In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island | Appellant | Active |
| In the matter of Earth Future Lottery: Earth Fund | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: In the matter of Earth Future Lottery: Attorney General for the Province of Prince Edward Island
Counsel
Brian A. Crane, Q.C.
95 Rochford Street, 4th Floor South
P. O. Box 2000
Charlottetown, Prince Edward Island
C1A 7N8
Telephone: (902) 368-5085
FAX: (902) 368-4563
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
Party: In the matter of Earth Future Lottery: Earth Fund
Counsel
Richard Litkowski
Marshall Pollock, Q.C.
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Interprovincial Lottery Corporation, Ontario Lottery and Gaming Corporation, Loto-Québec, Western Canada Lottery Corporation and British Columbia Lottery Corporation
Counsel
D. Michael Brown
1600 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Attorney General of Canada
Counsel
Paul B. Adams
Exchange Tower - P.O. Box 36
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9042
FAX: (416) 973-8253
Email: robert.hubbard@jus.gov.on.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of Quebec
Counsel
Joanne Marceau
1200, route de l'Église - 9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 643-5412
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 Ontario
Counsel
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4585
FAX: (416) 326-4656
Email: scott.hutchison@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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
Supreme Court of Prince Edward Island, Appeal Division
S1-AD-0923
Opinion stated that proposed lottery scheme contrary to the gaming provisions of the criminal code
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