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.
29794
Normand Martineau v. Minister of National Revenue
(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) |
|---|---|---|
| 2005-04-21 | Record returned to the Registrar of the Court of Appeal | |
| 2005-02-07 | Appeal closed | |
| 2004-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-12-16 |
Written reasons rendered after oral judgment, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-71-02, dated April 3, 2003, was heard on October 14, 2004 and the Court on that day delivered the following judgment orally: We are all of the view that this appeal should be dismissed. Reasons to follow. On this day reasons were delivered and the judgment was restated as follows: The appeal is dismissed. The respondent shall have his costs in this Court. Dismissed, with costs |
|
| 2004-10-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-10-26 | Transcript received, (35 pages) | |
| 2004-10-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-10-14 |
Judgment on the appeal rendered, Revised December 16, 2004., CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-71-02, dated April 3, 2003, was heard this day and the following judgment was rendered: [Translation] The Chief Justice (orally) – We are all of the view that this appeal should be dismissed. Reasons to follow. Dismissed |
|
| 2004-10-14 | Judgment reserved OR rendered with reasons to follow | |
| 2004-10-14 | Respondent's condensed book, Submitted in Court (14 copies) | Minister of National Revenue |
| 2004-10-14 | Appellant's condensed book, Submitted in Court (14 copies) | Normand Martineau |
| 2004-10-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2004-10-14 |
Hearing of the appeal, 2004-10-14, CJ Ma Ba Bi LeB De F Abe Cha Judgment rendered |
|
| 2004-10-12 | Notice of appearance, e-mail from Burke-Robertson re: Michel Hélie will be present at hearing. | Attorney General of Ontario |
| 2004-10-06 | Notice of appearance, Richard Dubois and Gilles Laporte will be present at hearing. | Attorney General of Quebec |
| 2004-10-04 | Notice of appearance, Frédéric Hivon and Jacques Waite will be present at hearing. | Normand Martineau |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-29 | Book of authorities, Completed on: 2004-07-29 | Attorney General of Ontario |
| 2004-07-29 | Intervener's factum - AG on constitutional question, Completed on: 2004-07-29 | Attorney General of Ontario |
| 2004-07-28 | Book of authorities, Completed on: 2004-07-28 | Attorney General of Quebec |
| 2004-07-28 | Intervener's factum - AG on constitutional question, Completed on: 2004-07-28 | Attorney General of Quebec |
| 2004-07-15 |
Appeal hearing scheduled, 2004-10-14, (Previously June 17/04) Judgment rendered |
|
| 2004-06-24 | Appeal perfected for hearing | |
| 2004-06-21 | Respondent's book of authorities, (Vol. 1 to 3), Completed on: 2004-06-24 | Minister of National Revenue |
| 2004-06-21 | Respondent's record, Completed on: 2004-06-24 | Minister of National Revenue |
| 2004-06-21 | Respondent's factum, Completed on: 2004-06-24 | Minister of National Revenue |
| 2004-04-27 | Appellant's record, (Vol. I, II), Completed on: 2004-04-27 | Normand Martineau |
| 2004-04-27 | Appellant's book of authorities, Completed on: 2004-04-27 | Normand Martineau |
| 2004-04-27 | Appellant's factum, Completed on: 2004-04-27 | Normand Martineau |
| 2004-03-11 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2004-03-11 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2004-02-12 | Notice of constitutional question(s) | Normand Martineau |
| 2004-02-03 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-02-03 |
Decision on the motion to state a constitutional question, CJ, 1. Does Rule 236(2) of the Rules of the Federal Court, 1998, SOR/98-106, infringe s. 11(c) of the Canadian Charter of Rights and Freedoms to the extent that it requires a plaintiff in an action brought under s. 135 of the Customs Act, R.S.C. 1985 (2nd Supp.), c. 1, to be examined for discovery? 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? Granted |
|
| 2004-01-23 | Submission of motion to state a constitutional question, CJ | |
| 2003-12-22 | Response to the motion to state a constitutional question, (Letter Form), P. Cossette dated Dec. 19, 2003 (fax copy), Completed on: 2003-12-22 | Minister of National Revenue |
| 2003-12-08 | Appeal court record, (1 small box) | |
| 2003-12-02 | Motion to state a constitutional question, Completed on: 2003-12-02 | Normand Martineau |
| 2003-11-27 | Notice of appeal, Completed on: 2003-11-27 | Normand Martineau |
| 2003-11-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-10-31 | Judgment on leave sent to the parties | |
| 2003-10-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-71-02, dated April 3, 2003, is granted. Granted |
|
| 2003-07-28 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-07-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-06-30 | Respondent's response on the application for leave to appeal, Completed on: 2003-06-30 | Normand Martineau |
| 2003-06-02 | Application for leave to appeal, Completed on: 2003-07-07 | Normand Martineau |
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 |
|---|---|---|
| Martineau, Normand | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of National Revenue | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Martineau, Normand
Counsel
Jacques Waite
Mezzanine 2
360, rue Notre-Dame Ouest
Montréal, Quebec
H2Y 1T9
Telephone: (514) 842-1566
FAX: (514) 842-6072
Email: hivonetleblanc@bellnet.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Minister of National Revenue
Counsel
Yvan Poulin
Complexe Guy Favreau, Tour Est
9e étage, 200 boul. René-Lévesque O.
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8756
FAX: (514) 283-3103
Agent
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
Party: Attorney General of Quebec
Counsel
1200, route de l'Église, 2ème Étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: sleboeuf@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Ontario
Counsel
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
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.
On June 25, 1996, the Appellant, who had made false statements with respect to goods to be exported, was notified by the Minister of National Revenue of an ascertained forfeiture in the amount of $ 315 548. Section 135 of the Customs Act provides that a taxpayer must appeal a forfeiture decision through an action in the Federal Court. The Appellant launched an action against the Minister of National Revenue in which he asked the Court to annul the Respondent’s monetary claim and ascertained forfeiture. The Respondent asked for the pre-trial examination of the Appellant pursuant to Rule 236(2) of the Federal Court Rules. The Appellant opposed the Respondent’s request on the ground that the ministerial notice of ascertained forfeiture, in light of its statutory context, was of a penal nature and, consequently, a person challenging a ministerial notice of ascertained forfeiture would be exempted by s. 11(c) of the Charter from the obligation to be examined before trial as set out in the Federal Court Rules.
On December 11, 2001, the Protonotary of the Federal Court ordered the appellant to be examined before trial pursuant to Rule 236(2). This decision was upheld by the Federal Court, Trial Division, and by the Federal Court of Appeal.
Lower court rulings
Federal Court of Canada, Trial Division
T-1695-01
Appel de la décision du protonotaire, rejeté
Federal Court of Appeal
A-71-02
Appel rejeté
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