Case information
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29298
Roger Gosselin, et al. v. Attorney General of Québec, et al.
(Quebec) (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) |
|---|---|---|
| 2007-05-22 | Appeal closed | |
| 2007-05-22 | Certificate of taxation issued to, Noel & Ass. | |
| 2007-05-22 | Decision on the bill of costs, taxed at the amount of $25,568.95, Reg | |
| 2007-05-17 | Submission of the bill of costs, Reg | |
| 2007-04-04 | Response to the bill of costs, (Letter Form), from B. D. Tyler dated April 4, 2007 (fax copy), Completed on: 2007-04-04 | Roger Gosselin |
| 2007-02-27 | Bill of costs, Completed on: 2007-02-27 | Attorney General of Québec |
| 2005-05-17 | Record returned to the Registrar of the Court of Appeal | |
| 2005-04-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-03-31 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-010446-003, dated May 15, 2002, heard on March 22, 2004 is dismissed with costs (if demanded). Dismissed, with costs |
|
| 2004-11-01 | Correspondence received from, Jean-Yves Bernard, re: Lock-up | Attorney General of Québec |
| 2004-10-22 | Correspondence received from, Brent D. Tyler, re: lock-up | Roger Gosselin |
| 2004-10-15 | Correspondence (sent by the Court) to, to all parties, re: lock-up | |
| 2004-04-07 | Transcript received, (161 pages - joint with 29297 & 29299) | |
| 2004-03-22 | Appellant's condensed book, file in court Mar. 22/04 | Roger Gosselin |
| 2004-03-22 | Supplemental document, Appellant's book of oral extracts for motion to file additional evidence (Joint with 29297 and 29299) | Roger Gosselin |
| 2004-03-22 | Supplemental document, Supplemental authorities | Attorney General of Québec |
| 2004-03-22 | Respondent's condensed book, file in Court on Mar. 22/04 (joint with 29297) | Attorney General of Québec |
| 2004-03-22 | Acknowledgement and consent for video taping of proceedings, Consent of all parties | |
| 2004-03-22 | Judgment reserved OR rendered with reasons to follow | |
| 2004-03-22 |
Hearing of the appeal, 2004-03-22, CJ Ma Ba Bi LeB De F Judgment reserved |
|
| 2004-03-19 | Supplemental document, Supplemental book of authorities | Attorney General of Québec |
| 2004-03-15 | Correspondence received from, Mr. Boileau re : Timetable | Commissioner of Official Languages for Canada |
| 2004-03-11 | Correspondence received from, Benoît Belleau, re: proposed agenda for hearing. | Attorney General of Québec |
| 2004-03-10 | Notice of appearance, from Lang Michener | Roger Gosselin |
| 2004-03-10 | Correspondence received from, Brent D. Tyler, re: proposed agenda for hearing. | Roger Gosselin |
| 2004-03-08 | Correspondence (sent by the Court) to, re: proposed agenda for hearing. | |
| 2004-03-05 | Correspondence received from, Brent D. Tyler, re: hearing of the appeal. | Roger Gosselin |
| 2004-03-04 | Correspondence received from, Benoît Belleau, re: hearing of the appeal | Attorney General of Québec |
| 2004-02-11 |
Order by, F, UPON APPLICATION by the Commissioner of Official Languages of Canada / Commissaire aux langues officielles du Canada for leave to intervene in the above appeal and pursuant to the order of December 16, 2003; IT IS HEREBY FURTHER ORDERED THAT said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-02-10 | Book of authorities, Completed on: 2004-02-10 | Commissioner of Official Languages for Canada |
| 2004-02-10 | Intervener's factum, (24 copies in French and 24 copies in English), Completed on: 2004-02-10 | Commissioner of Official Languages for Canada |
| 2004-01-28 | Order on motion to adduce new evidence, (BY MAJOR J.) | |
| 2004-01-28 |
Decision on motion to adduce new evidence, Ma, 1) The applications permitting the filing of additional evidence be deferred to the hearing of the appeal. 2) It is further ordered that should the appellants and respondents proceed with the applications, the time used in so doing will be considered as part of the time allocated to counsel for the appellants and respondents at the hearing of the appeal. Referred |
|
| 2004-01-27 | Submission of motion to adduce new evidence, Ma | |
| 2004-01-22 | Correspondence (sent by the Court) to, A. Lavictoire from A. Roland re: in response to her letter dated Jan. 13, 2004 | |
| 2004-01-16 | Reply to motion to adduce new evidence, (joint with 29297), Completed on: 2004-01-16 | Roger Gosselin |
| 2004-01-13 | Correspondence received from, A. Lavictoire dated Jan. 13, 2004 re: requesting to appear at the hearing of the appeal (previously law clerk) | Commissioner of Official Languages for Canada |
| 2004-01-12 | Response to the motion to adduce new evidence, to the Appellants' motion (joint with 29297), Completed on: 2004-01-12 | Attorney General of Québec |
| 2003-12-24 | Response to the motion to adduce new evidence, (Letter Form), to A.G. Quebec's motion from Brent D. Tyler dated Dec. 23/03 (also included in Appellants' motion book) (joint with 29297), Completed on: 2003-12-24 | Roger Gosselin |
| 2003-12-24 | Motion to adduce new evidence, (joint with 29297 - book form)(11 additional copies filed 02/04/04), Completed on: 2004-01-07 | Roger Gosselin |
| 2003-12-16 | Respondent's record, (Vol. I to XI) (joint with 29297), Completed on: 2003-12-16 | Attorney General of Québec |
| 2003-12-16 | Respondent's book of authorities, (Vol. I & VI) (joint with 29297 & 29299), Completed on: 2003-12-16 | Minister of Education |
| 2003-12-16 | Supplemental document, (Book of statutes, regulations and rules - Vol. I & II) (joint with 29297 & 29299) | Attorney General of Québec |
| 2003-12-16 | Respondent's factum, Completed on: 2003-12-16 | Attorney General of Québec |
| 2003-12-16 | Motion to adduce new evidence, (joint with 29297) (10 additional copies rec'd Feb. 27/04), Completed on: 2003-12-16 | Attorney General of Québec |
| 2003-12-16 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2003-12-16 |
Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, the Commissioner of Official Languages of Canada / Commissaire aux langues officielles du Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 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 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 their intervention. Granted |
|
| 2003-12-16 | Appeal perfected for hearing | |
| 2003-12-11 | Submission of motion for leave to intervene, F | |
| 2003-12-01 | Response to the motion for leave to intervene, (Letter Form), (fax) from Benoît Belleau dated Dec. 1/03 does not oppose intervention by the Commissaire aux langues officielles du Canada, Completed on: 2003-12-01 | Attorney General of Québec |
| 2003-11-26 | Response to the motion for leave to intervene, (Letter Form), from B. Tyler dated Nov. 25, 2003 (fax copy), Completed on: 2003-11-26 | Roger Gosselin |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-03-22, (previously Jan. 15/04) Judgment reserved |
|
| 2003-11-17 | Motion for leave to intervene, (French and English - book form), Completed on: 2003-11-17 | Commissioner of Official Languages for Canada |
| 2003-10-21 | Appellant's book of authorities, Vol. I & II, Completed on: 2003-10-21 | Roger Gosselin |
| 2003-10-21 | Appellant's record, Vol. I to IX + 1 vol. copy of English judgments (joint with 29297 & 29299), Completed on: 2003-10-21 | Roger Gosselin |
| 2003-10-21 | Appellant's factum, Completed on: 2003-10-21 | Roger Gosselin |
| 2003-07-29 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2003-07-29 |
Decision on the motion to state a constitutional question, CJ, by the appellants Dismissed |
|
| 2003-06-23 | Submission of motion to state a constitutional question, CJ | |
| 2003-06-10 | Reply to the motion to state a constitutional question, book form, Completed on: 2003-06-10 | Roger Gosselin |
| 2003-06-04 | Response to the motion to state a constitutional question, book form, Completed on: 2003-06-04 | Attorney General of Québec |
| 2003-05-26 | Motion to state a constitutional question, Completed on: 2003-05-26 | Roger Gosselin |
| 2003-05-26 | Notice of appeal, Completed on: 2003-05-26 | Roger Gosselin |
| 2003-05-05 | Appeal court record, (2 boxes - joint with Trial Court record - plus 4 more boxes received) | |
| 2003-04-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-04-25 | Judgment on leave sent to the parties | |
| 2003-04-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-010446-003, dated May 15, 2002, is granted with costs to the applicants in any event of the cause. Granted, with costs |
|
| 2003-03-10 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2002-09-12 | Respondent's response on the application for leave to appeal, (preuve de signification reçue le 22 novembre 2002), Completed on: 2002-11-22 | Attorney General of Québec |
| 2002-09-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-08-13 | Application for leave to appeal, Completed on: 2002-09-04 | Roger Gosselin |
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 |
|---|---|---|
| Gosselin, Roger | Appellant | Active |
| Guylaine Fillion, Daniel Trépanier, Claudette Gosselin, Guy Boulianne, Johanne Labbé, Alain Chénard, Rachel Guay, Gilles Maltais, Guylaine Potvin, Jean-Marie Martineau, Mance Bourassa, Marc Joyal, Marie-Irma Cadet, René Giguère and Lucille Giordano | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Respondent | Active |
| Minister of Education | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Commissioner of Official Languages for Canada | Intervener | Active |
Counsel
Party: Gosselin, Roger
Counsel
Walter C. Elmore
83 Saint Paul Street West
Montréal, Quebec
H2Y 1Z1
Telephone: (514) 845-4880
FAX: (514) 842-8055
Email: brenttyler@videotron.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Guylaine Fillion, Daniel Trépanier, Claudette Gosselin, Guy Boulianne, Johanne Labbé, Alain Chénard, Rachel Guay, Gilles Maltais, Guylaine Potvin, Jean-Marie Martineau, Mance Bourassa, Marc Joyal, Marie-Irma Cadet, René Giguère and Lucille Giordano
Counsel
Walter C. Elmore
83 Saint Paul Street West
Montréal, Quebec
H2Y 1Z1
Telephone: (514) 845-4880
FAX: (514) 842-8055
Email: brenttyler@videotron.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Attorney General of Québec
Counsel
Dominique A. Jobin
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Minister of Education
Counsel
Dominique A. Jobin
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Commissioner of Official Languages for Canada
Counsel
Amélie Lavictoire
344, rue Slater
3e étage
Ottawa, Ontario
K1A 0T8
Telephone: (613) 995-0547
FAX: (613) 996-9671
Email: francois.boileau@ocol-clo.gc.ca
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.
The Appellants are all Canadian citizens, except for Ms. Giordano, who is American. Most received their instruction in French, in the province of Quebec. Ms. Giordano received her instruction in English in the United States and Ms Cadet received hers in French in Haiti.
The Appellants' children are all, except for one, receiving their instruction in French in the province of Quebec.
The Appellants filed motions for declaratory judgments seeking to invalidate sections 72 and 73 of Charter of French Language because they violated sections 10 and 12 of the Quebec Charter of Human Rights and Freedoms by excluding children from English instruction on the basis of the language in which their parents received their instruction.
The Superior Court dismissed the Appellants' motions. The Court of Appeal of Quebec dismissed the appeal.
Lower court rulings
Superior Court of Quebec
500-05-045937-982, 500-05-046558-985, 500-05-047394-992, 500-05-047476-997, 500-05-047561-996, 500-05-047734-999, 500-05-048073-991, 500-05-048077-992
Appellants' motions for declaratory judgments to declare sections 72, 73, and 75 of the Charter of the French Language inoperative dismissed
Court of Appeal of Quebec (Montréal)
500-09-010446-003
Appeal 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