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.
29618
Attorney General of Canada v. Stephen Joseph Harper
(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) |
|---|---|---|
| 2005-05-05 | Appeal closed | |
| 2005-05-05 | Certificate of taxation issued to, K. Lambrecht (Justice - Edmonton) | |
| 2005-05-03 | Decision on the bill of costs, taxed at the amount of $6,623.34, Reg | |
| 2005-05-03 | Submission of the bill of costs, Reg | |
| 2005-03-16 | Bill of costs, (invoices received on April 20, 2005), Completed on: 2005-04-08 | Attorney General of Canada |
| 2004-09-23 | Record returned to the Registrar of the Court of Appeal | |
| 2004-05-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-05-18 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 01-00389, dated December 16, 2002, heard on February 10, 2004 is allowed with costs throughout, McLachlin C.J. and Major and Binnie JJ. dissenting in part. The constitutional questions are answered as follows: 1. Do ss. 323(1) and (3), 350, 351, 352, 353, 354, 355, 356, 357, 359, 360 and 362 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? Yes, except s. 351. The Chief Justice and Major and Binnie JJ. would also answer yes, but find it unnecessary to answer the question with respect to s. 351. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Yes. The Chief Justice and Major and Binnie JJ. would answer no with respect to s. 350, yes with respect to ss. 323(1) and (3), 352-57, 359-60 and 362, and find it unnecessary to answer this question with respect to s. 351. 3. Do ss. 323(1) and (3), 350, 351, 352, 353, 354, 355, 356, 357, 359, 360 and 362 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 3 of the Canadian Charter of Rights and Freedoms? No. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. 5. Do ss. 351, 356, 357(3), 359 and 362 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? No. The Chief Justice and Major and Binnie JJ. would answer no with respect to ss. 356, 357(3), 359 and 362, and find it unnecessary to answer the question with respect to s. 351. 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. Allowed, with costs |
|
| 2004-05-05 | Correspondence (sent by the Court) to, all parties, by fax, re: lock-up, from A. Roland | |
| 2004-04-27 | Correspondence received from, Alan D. Hunter, Q.C., re: lock-up. | Stephen Joseph Harper |
| 2004-04-23 | Correspondence received from, Graham Garton, Q.C., re: lock-up | Attorney General of Canada |
| 2004-04-19 | Correspondence (sent by the Court) to, all parties re: lock-up | |
| 2004-02-23 | Transcript received, (88 pages) | |
| 2004-02-11 | Correspondence received from, Revised page 6 of the Factum (sent to the judges Feb. 17/04) | Environment Voters, a division of Animal Alliance of Canada |
| 2004-02-10 | Judgment reserved OR rendered with reasons to follow | |
| 2004-02-10 |
Hearing of the appeal, 2004-02-10, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2004-02-10 | Appellant's condensed book | Attorney General of Canada |
| 2004-02-10 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-02-09 | Respondent's condensed book, (rec'd 14 copies) | Stephen Joseph Harper |
| 2004-02-06 | Notice of appearance, Daniel Guttman and Michel Hélie will be present at hearing. | Attorney General of Ontario |
| 2004-02-06 | Notice of appearance, Faisal Bhabha will be present at hearing. | Democracy Watch and the National Anti-Poverty Organization (NAPO) |
| 2004-02-03 | Notice of appearance, from Gowling | Environment Voters, a division of Animal Alliance of Canada |
| 2004-02-03 | Notice of appearance, from Gowling | Attorney General of Manitoba |
| 2004-02-03 | Notice of appearance, from Gowling | Stephen Joseph Harper |
| 2004-02-03 | Notice of appearance, Jean-Yves Bernard and Jean-Vincent Lacroix will be present at hearing. | Attorney General of Quebec |
| 2004-01-26 | Notice of appearance, from Graham Garton | Attorney General of Canada |
| 2004-01-23 |
Order by, Ia, UPON APPLICATIONS by the Environment Voters, a Division of Animal Alliance of Canada, John Herbert Bryden, Member of Parliament, and the Democracy Watch and the National Anti-Poverty Organization for leave to intervene in the above appeal and pursuant to the order of January 5, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2004-01-20 | Book of authorities, Completed on: 2004-01-29 | Attorney General of Quebec |
| 2004-01-20 | Supplemental document, 14 copies of VHS | Environment Voters, a division of Animal Alliance of Canada |
| 2004-01-20 | Intervener's factum, Completed on: 2004-01-20 | Attorney General of Quebec |
| 2004-01-20 | Book of authorities, Completed on: 2004-01-20 | Environment Voters, a division of Animal Alliance of Canada |
| 2004-01-20 | Intervener's factum, Completed on: 2004-01-20 | Environment Voters, a division of Animal Alliance of Canada |
| 2004-01-20 | Book of authorities, Completed on: 2004-01-20 | Democracy Watch and the National Anti-Poverty Organization (NAPO) |
| 2004-01-20 | Intervener's factum, Completed on: 2004-01-20 | Democracy Watch and the National Anti-Poverty Organization (NAPO) |
| 2004-01-20 | Intervener's factum, Completed on: 2004-01-20 | John Herbert Bryden |
| 2004-01-20 | Book of authorities, Completed on: 2004-01-20 | Attorney General of Ontario |
| 2004-01-20 | Intervener's factum, Completed on: 2004-01-20 | Attorney General of Ontario |
| 2004-01-19 | Book of authorities, Completed on: 2004-01-19 | Attorney General of Manitoba |
| 2004-01-19 | Intervener's factum, 26 copies, Completed on: 2004-01-19 | Attorney General of Manitoba |
| 2004-01-05 | Order on motion for leave to intervene, (BY IACOBUCCI J.) | |
| 2004-01-05 |
Decision on the motion for leave to intervene, Ia, The motion for leave to intervene of the applicant, the Environment Voters, a Division of Animal Alliance of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 20, 2004, and that the affidavit of Stephen Douglas Best be part the record of the intervener. The motion for leave to intervene of the applicant, John Herbert Bryden, Member of Parliament, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 20, 2004. The motion to extend the time to apply for leave to intervene and for leave to intervene of the applicant, the Democracy Watch and the National Anti-Poverty Organization, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 20, 2004. 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 raise new issues or adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2004-01-05 | Submission of motion for leave to intervene, Ia | |
| 2003-12-22 | Reply to the motion for leave to intervene, (Letter Form), from D. Baker dated Dec. 19, 2003 (fax copy), Completed on: 2003-12-22 | Democracy Watch and the National Anti-Poverty Organization (NAPO) |
| 2003-12-22 | Reply to the motion for leave to intervene, (fax copy), Completed on: 2003-12-22 | John Herbert Bryden |
| 2003-12-19 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Dec. 19, 2003 (via e-mail) re: does not intend to file a response re: intervention by Environment Voter's intervention, Completed on: 2003-12-19 | Attorney General of Canada |
| 2003-12-11 | Response to the motion for leave to intervene, (Letter Form), from A. Hunter dated Dec. 11, 2003 (fax copy), Completed on: 2003-12-11 | Stephen Joseph Harper |
| 2003-12-04 | Respondent's book of authorities, (Volumes I and II), Completed on: 2003-12-04 | Stephen Joseph Harper |
| 2003-12-04 | Respondent's record, Completed on: 2003-12-04 | Stephen Joseph Harper |
| 2003-12-04 | Respondent's factum, Completed on: 2004-01-06 | Stephen Joseph Harper |
| 2003-12-04 | Appeal perfected for hearing | |
| 2003-12-01 | Response to the motion for leave to intervene, (Letter Form), of the Democracy Watch and the National Anti-Poverty Organization, Completed on: 2003-12-01 | Attorney General of Canada |
| 2003-11-24 | General proceeding, 2 boxes containing the appeal Court Record to be returned to Graham Garton, Q.C. | Attorney General of Canada |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-21 | Reply to the motion for leave to intervene, (Letter Form), from P. Jones dated Nov. 21, 2003 (fax copy)(original received on Nov. 24, 2003), Completed on: 2003-11-21 | Environment Voters, a division of Animal Alliance of Canada |
| 2003-11-21 | Motion for leave to intervene, (also affidavit of M. Martin and memorandum of argument in support of the motion), Completed on: 2003-11-21 | Democracy Watch and the National Anti-Poverty Organization (NAPO) |
| 2003-11-20 |
Appeal hearing scheduled, 2004-02-10, (previously Apr. 19/04) Judgment reserved |
|
| 2003-11-17 | Response to the motion for leave to intervene, (book form), Completed on: 2003-11-17 | Stephen Joseph Harper |
| 2003-11-17 | Response to the motion for leave to intervene, (Letter Form), from G. Garton, Q.C. (by fax) re: response to both interventions, Completed on: 2003-11-17 | Attorney General of Canada |
| 2003-11-07 | Correspondence received, D. Baker from Democracy Watch, et al dated Nov. 6, 2003 (fax copy) re: intends to file a motion to intervene in the near future | |
| 2003-11-06 | Motion for leave to intervene, book form, Completed on: 2003-11-06 | John Herbert Bryden |
| 2003-11-05 | Motion for leave to intervene, joint with memorandum of argument, Completed on: 2003-11-05 | Environment Voters, a division of Animal Alliance of Canada |
| 2003-11-05 | Order on motion to expedite the appeal, (BY CHIEF JUSTICE) | |
| 2003-11-05 |
Decision on motion to expedite the appeal, CJ, 1. The motion is granted. The appeal shall be heard during the week of February 9, 2004. 2. All interveners shall serve and file their factums and books of authorities on or before January 20, 2004. Granted |
|
| 2003-11-04 | Submission of motion to expedite the appeal, CJ | |
| 2003-10-31 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2003-10-31 | Reply to motion to expedite the appeal, (Letter Form), C. Rupar dated Oct. 31, 2003 (fax copy), Completed on: 2003-10-31 | Attorney General of Canada |
| 2003-10-30 | Response to motion to expedite the appeal, book form, Completed on: 2003-10-30 | Stephen Joseph Harper |
| 2003-10-28 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2003-10-28 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2003-10-20 | Motion to expedite the appeal, (bookform), Completed on: 2003-10-20 | Attorney General of Canada |
| 2003-10-09 | Appellant's book of authorities, Completed on: 2003-10-09 | Attorney General of Canada |
| 2003-10-09 | Appellant's record, Vol. I to III, Completed on: 2003-10-09 | Attorney General of Canada |
| 2003-10-09 | Appellant's factum, Completed on: 2003-10-09 | Attorney General of Canada |
| 2003-10-03 | Notice of constitutional question(s) | Attorney General of Canada |
| 2003-10-03 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2003-10-03 |
Decision on the motion to state a constitutional question, CJ, 1. Do ss. 323(1) and (3), 350, 351, 352, 353, 354, 355, 356, 357, 359, 360 and 362 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do ss. 323(1) and (3), 350, 351, 352, 353, 354, 355, 356, 357, 359, 360 and 362 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 3 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Do ss. 351, 356, 357(3), 359 and 362 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2003-09-23 | Submission of motion to state a constitutional question, CJ | |
| 2003-09-23 | Response to the motion to state a constitutional question, Completed on: 2003-09-23 | Stephen Joseph Harper |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-09-08 | Motion to state a constitutional question, (book form), Completed on: 2003-09-08 | Attorney General of Canada |
| 2003-09-05 | Judgment on leave sent to the parties | |
| 2003-09-04 | Notice of appeal, Completed on: 2003-09-04 | Attorney General of Canada |
| 2003-09-04 |
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 Alberta (Calgary), Number 01-00389, dated December 16, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-05-26 | All materials on application for leave submitted to the Judges, G Ma Arb | |
| 2003-04-28 | Supplemental document, Corrigenda from Court of Appeal of Alberta (6 copies) | Attorney General of Canada |
| 2003-04-16 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2003-04-02 | Correspondence received from, A. D. Hunter dated Apr. 2/03 (by fax) re: enclosing his letter of March 28/03; response of Mr. Lambrecht dated March 31/03 and response to Mr. Lambrecht of Apr. 1/03 | Stephen Joseph Harper |
| 2003-03-26 | Applicant's reply to respondent's argument, Completed on: 2003-03-26 | Attorney General of Canada |
| 2003-03-17 | Respondent's response on the application for leave to appeal, Completed on: 2003-03-17 | Stephen Joseph Harper |
| 2003-02-14 | Application for leave to appeal, (Vol. I & II) (signed T/C reasons rec'd April 16/03) (C/A Order missing - filed May 6/03), Completed on: 2003-05-06 | Attorney General of 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 |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Harper, Stephen Joseph | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Bryden, John Herbert | Intervener | Active |
| Environment Voters, a division of Animal Alliance of Canada | Intervener | Active |
| Democracy Watch and the National Anti-Poverty Organization (NAPO) | Intervener | Active |
Counsel
Party: Attorney General of Canada
Counsel
Kirk Lambrecht, Q.C.
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: Harper, Stephen Joseph
Counsel
Eric P. Groody
David H. de Vlieger
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: Attorney General of Manitoba
Counsel
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Email: eszach@gov.mb.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
Party: Attorney General of Ontario
Counsel
Daniel Guttman
720 Bay St
7th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4454
FAX: (416) 326-4015
Email: Michel.Helie@ontario.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 Quebec
Counsel
Jean-Yves Bernard
a/s Ministère de la Justice (droit autochtone)
1200 Route de l'Église, 2e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: jean-vincent.lacroix@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Bryden, John Herbert
This party is not represented by counsel.
Party: Environment Voters, a division of Animal Alliance of Canada
Counsel
Box 100, Suite 2100
1 Queen Street East
Toronto, Ontario
M5C 2W5
Telephone: (416) 366-9607
FAX: (416) 366-3743
Email: pmlaw.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: Democracy Watch and the National Anti-Poverty Organization (NAPO)
Counsel
Faisal Bhabha
672 Dupont Street
Suite 400
Toronto, Ontario
M6G 1Z6
Telephone: (416) 533-0040 Ext: 222
FAX: (416) 533-0050
Email: dbaker@bakerlaw.ca
Agent
30 Metcalfe Street
Suite 500
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: jhughes@eglaw.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.
The Respondent, an elector residing in the province of Alberta brought an action against the Appellant for a declaration that ss. 323(1) and (3), 350-60, and 362 of the Canada Elections Act 2000, S.C. 2000, c.9 (the “Act”) were of no force and effect, being in violation of some or all of ss. 2(b), 2(d) and 3 of the Charter. Section 323 placed a ban on election advertising in the 20 hour period prior to the close of polls. The other impugned sections related to third party spending limits.
The trial commenced on October 2, 2000 and continued until October 13, 2000. On October 22, 2000, Parliament was dissolved and a general election was called for November 27, 2000. The Respondent applied to enjoin the Chief Electoral Officer, who had intervened in the proceedings, from enforcing the impugned sections of the Act pending a final determination of the matter. This application was allowed in part, and the Chief Electoral officer was enjoined from enforcing s. 350 of the Act, a decision upheld on appeal. The Appellant applied for and was granted a stay of the injunction by the Supreme Court of Canada, pending appeal. The trial judge concluded that ss. 350 and 351 were in prima facie violation of s. 2(b) of the Charter, that s. 350 was also void for vagueness, and that neither was saved by s. 1. The Court of Appeal dismissed the appeal, allowed the cross-appeal and declared ss. 323, 350-57, and 362 to be of no force and effect.
Lower court rulings
Court of Queen’s Bench of Alberta
00001 09477
Respondent's request to declare sections 350 and 351 of the Canada Elections Act in violation of the Charter granted; sections 350 and 351 declared of no force and effect
Court of Appeal of Alberta (Calgary)
01-00389
Appeal dismissed, Cross-appeal allowed: ss. 323, 350-57, and 362 declared to be of no force or effect
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
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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
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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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