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.
30006
Provincial Court Judges' Association of New Brunswick, et al. v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice
(New Brunswick) (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) |
|---|---|---|
| 2005-08-02 | Appeal closed | |
| 2005-07-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-07-22 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for New Brunswick, Number 90/02/CA, dated August 20, 2003, heard on November 9, 2004, is dismissed with disbursement costs to the respondent. Dismissed, with costs |
|
| 2004-11-29 | Transcript received, (266 pages) | |
| 2004-11-12 | Judgment reserved OR rendered with reasons to follow | |
| 2004-11-09 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2004-11-09 |
Hearing of the appeal, 2004-11-09, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-11-04 | Notice of appearance, Louis Masson, Michel Paradis and Valerie Jordi will be present at the hearing. | Federation of Law Societies of Canada |
| 2004-11-04 | Notice of appearance, C. Michael Mitchell and Steven M. Barrett will be present at the hearing. | Ontario Conference of Judges |
| 2004-11-03 | Order on motion to extend time | |
| 2004-11-03 |
Decision on motion to extend time, Ma, to serve and file the intervener, A.G. Sask., factum and joint book of authoriites to Oct. 8/04 and to present 15 minutes of oral argument at the hearing of this appeal. Granted |
|
| 2004-11-03 | Submission of motion to extend time, Ma | |
| 2004-11-03 |
Notice of appearance, Janet Minor, Sean Hanley and Arif Virani will be present at the hearing. |
Attorney General of Ontario |
| 2004-11-02 | Response to motion to extend time, e-mail from Gowlings dated 11/02/04 (by A.G. SK), Completed on: 2004-11-02 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-11-01 |
Order by, LeB, UPON APPLICATION by the Federation of Law Societies of Canada for leave to intervene in the above appeals and pursuant to the order of October 26, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of these appeals. Granted |
|
| 2004-10-29 | Intervener's factum, (joint with 30477, 29525, 30148), Completed on: 2004-10-29 | Federation of Law Societies of Canada |
| 2004-10-28 | Notice of appearance, George Copley and Jennifer Button will be present at the hearing. | Attorney General of British Columbia |
| 2004-10-27 | Notice of appearance, Claude-Armand Sheppard, Annick Bergeron and Brigitte Bussières will be present at hearing. | Attorney General of Quebec |
| 2004-10-27 | Notice of appearance, Claude-Armand Sheppard, Annick Bergeron and Brigitte Bussières will be present at hearing. | Attorney General of Quebec |
| 2004-10-26 | Notice of appearance, Graeme G. Mitchell, Q.C. will be present at the hearing. | Attorney General for Saskatchewan |
| 2004-10-26 | Notice of appearance, Phyllis A. Smith, Q.C., Scott Chen and Kurt Sandstrom will be present at hearing. | Attorney General of Alberta |
| 2004-10-26 | Notice of appearance, Gaétan Migneault and Nancy Forbes will be present at hearing. | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-10-26 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-10-26 |
Decision on the motion for leave to intervene, LeB, The motion for an extension of time to apply for leave to intervene and the motion for leave to intervene of the applicant, Federation of Law Societies of Canada, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 1, 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 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 |
|
| 2004-10-26 | Submission of motion for leave to intervene, LeB | |
| 2004-10-26 |
Decision on motion to extend time, to apply for leave to intervene on behalf of Federation of Law Societies of Canada, LeB Granted |
|
| 2004-10-26 | Submission of motion to extend time, LeB | |
| 2004-10-26 | Notice of appearance, Robb Tonn and Susan Dawes will be appearing. | Provincial Court Judges' Association of New Brunswick |
| 2004-10-25 | Response to the motion for leave to intervene, Completed on: 2004-10-25 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-10-25 | Notice of appearance, Raynold Langlois and Chantal Chatelain will be present at hearing. | Canadian Association of Provincial Court Judges |
| 2004-10-25 | Notice of appearance, Robert J. Frater and Anne M. Turley will be present at hearing. | Attorney General of Canada |
| 2004-10-22 | Response to the motion for leave to intervene, Completed on: 2004-10-22 | Provincial Court Judges' Association of New Brunswick |
| 2004-10-20 | Motion to extend time, to file the motion to intervene to Oct. 20, 2004 (joint), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-20 | Motion for leave to intervene, (joint with 30477, 29525, 30148), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-15 | Response to motion to extend time, (Letter Form), from Burke-Robertson dated 10/15/04 (by A.G. SK), Completed on: 2004-10-15 | Provincial Court Judges' Association of New Brunswick |
| 2004-10-12 | Motion to extend time, to file its factum and authorities to 10/08/04, Completed on: 2004-10-12 | Attorney General for Saskatchewan |
| 2004-10-12 | Correspondence received from, Marie-France Major dated 10/08/04 re: is agent for the intervener Can. Ass. of Provincial Court Judges | Canadian Association of Provincial Court Judges |
| 2004-10-12 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-10-12 |
Decision on motion to extend time, De, UPON APPLICATION by the intervener, the Attorney General of Ontario, for an order extending the time to serve and file its factum and book of authorities to October 5, 2004, and for an order to present oral argument at the hearing of this appeal. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2004-10-12 | Submission of motion to extend time, De | |
| 2004-10-08 | Book of authorities, (joint with 29525), Completed on: 2004-10-08 | Attorney General for Saskatchewan |
| 2004-10-08 | Intervener's factum - AG on constitutional question, Completed on: 2004-10-08 | Attorney General for Saskatchewan |
| 2004-10-07 | Response to motion to extend time, e-mail from Gowlings dated 10/07/04, Completed on: 2004-10-07 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-10-07 | Response to motion to extend time, e-mail from Burke-Robertson dated 10/07/04, Completed on: 2004-10-07 | Provincial Court Judges' Association of New Brunswick |
| 2004-10-06 |
Order by, De, UPON APPLICATIONS by the interveners the Attorney General of Alberta and the Attorney General of Ontario for leave to intervene in the above appeal and pursuant to the order of August 31, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-10-06 |
Order by, LeB, UPON APPLICATIONS by the Canadian Association of Provincial Court Judges and the Ontario Conference of Judges, for leave to intervene in the above appeal and pursuant to the order of June 28, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-10-05 | Motion to extend time, to file the factum and authorities to Oct. 5, 2004 and to present oral argument, Completed on: 2004-10-05 | Attorney General of Ontario |
| 2004-10-05 | Book of authorities, (Motion for ext. of time requested), Completed on: 2004-10-07 | Attorney General of Ontario |
| 2004-10-05 | Intervener's factum - AG on constitutional question, (Motion for ext. of time requested), Completed on: 2004-10-07 | Attorney General of Ontario |
| 2004-10-01 | Correspondence received from, Sean Hanley re: will file his factum by the coming week (by fax) | Attorney General of Ontario |
| 2004-09-30 | Book of authorities, Completed on: 2004-09-30 | Attorney General of Quebec |
| 2004-09-30 | Intervener's factum - AG on constitutional question, Completed on: 2004-09-30 | Attorney General of Quebec |
| 2004-09-21 | Correspondence received from, Sean Hanley dated 09/21/04 re: will file his factum by the end of September | Attorney General of Ontario |
| 2004-08-31 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-08-31 |
Decision on motion to extend time, De, The motion of the intervener, the Attorney General of Ontario, to serve and file its factum and book of authorities to September 21, 2004, is granted. 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. Granted |
|
| 2004-08-31 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2004-08-31 |
Decision on motion to extend time, De, The motion of the intervener, the Attorney General of Alberta, to serve and file its factum and book of authorities to August 31, 2004, is granted. 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. Granted |
|
| 2004-08-26 | Submission of motion to extend time, De | |
| 2004-08-25 | Book of authorities, Completed on: 2004-08-25 | Attorney General of Alberta |
| 2004-08-25 | Intervener's factum - AG on constitutional question, Completed on: 2004-08-25 | Attorney General of Alberta |
| 2004-08-23 | Book of authorities, Completed on: 2004-08-23 | Ontario Conference of Judges |
| 2004-08-23 | Intervener's factum, Completed on: 2004-08-23 | Ontario Conference of Judges |
| 2004-08-19 | Book of authorities, Completed on: 2004-08-19 | Canadian Association of Provincial Court Judges |
| 2004-08-19 | Intervener's factum, Completed on: 2004-08-19 | Canadian Association of Provincial Court Judges |
| 2004-08-09 | Correspondence received from, (e-mail) Susan Dawes re: consent to A.G. - Ontario's extension of time | Provincial Court Judges' Association of New Brunswick |
| 2004-08-06 | Motion to extend time, to serve and file the factum and book of authorities of the intervener A.G. - Ontario to Sept. 21), Completed on: 2004-08-06 | Attorney General of Ontario |
| 2004-08-04 |
Decision on motion to extend time, Reg, La requête en prorogation de délai est accordée. Le délai de signification et de dépôt du mémoire et du recueil de sources de l'intervenant le Procureur général du Québec est prorogé au 30 septembre 2004. La requête relative à la plaidoirie orale est prématurée. Granted |
|
| 2004-08-04 | Submission of motion to extend time, Reg | |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-29 | Intervener's factum - AG on constitutional question, Completed on: 2004-07-29 | Attorney General of British Columbia |
| 2004-07-29 | Book of authorities, Completed on: 2004-07-29 | Attorney General of Canada |
| 2004-07-29 | Intervener's factum - AG on constitutional question, Completed on: 2004-07-29 | Attorney General of Canada |
| 2004-07-27 | Response to motion to extend time, (by the A.G. of Alberta) e-mail from Gowlings dated 07/27/04, Completed on: 2004-07-27 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-07-21 | Response to motion to extend time, (by the A.G. of Alberta) e-mail from Burke-Robertson dated 07/21/04, Completed on: 2004-07-21 | Provincial Court Judges' Association of New Brunswick |
| 2004-07-20 | Response to motion to extend time, (by the A.G. of Qc)) e-mail from Burke-Robertson dated 07/20/04, Completed on: 2004-07-20 | Provincial Court Judges' Association of New Brunswick |
| 2004-07-19 | Motion to extend time, to file the intervener's factum & authorities to 08/31/04, Completed on: 2004-07-19 | Attorney General of Alberta |
| 2004-07-16 | Response to motion to extend time, e-mail from Gowlings dated 07/16/04, Completed on: 2004-07-16 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-07-15 | Motion to extend time, to file the factum and authorities to Sept. 30, 2004 and to present oral argument, Completed on: 2004-07-15 | Attorney General of Quebec |
| 2004-07-15 |
Appeal hearing scheduled, 2004-11-09, (previously Oct. 13/04) Judgment reserved |
|
| 2004-07-07 | Appeal perfected for hearing | |
| 2004-07-05 | Respondent's book of authorities, Completed on: 2004-07-05 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-07-05 | Respondent's factum, Completed on: 2004-07-05 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-06-28 | Order on motion for leave to intervene | |
| 2004-06-28 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the Canadian Association of Provincial Court Judges, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Ontario Conference of Judges, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The requests 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 to 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 respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2004-06-28 | Submission of motion for leave to intervene, LeB | |
| 2004-06-22 | Response to the motion for leave to intervene, (Letter Form), from Gowlings (via e-mail) dated June 22, 2004 re: interventions, Completed on: 2004-06-22 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-06-18 | Motion to extend time, to file the motion for leave to intervene to 06/10/04, Completed on: 2004-06-18 | Ontario Conference of Judges |
| 2004-06-16 | Notice of withdrawal | Attorney General of Manitoba |
| 2004-06-15 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated 06/15/04(to interventions by Can. Ass. of Provincial Court Judges and Ontario Conference of Judges), Completed on: 2004-06-15 | Provincial Court Judges' Association of New Brunswick |
| 2004-06-10 | Motion for leave to intervene, (bookform), Completed on: 2004-06-10 | Ontario Conference of Judges |
| 2004-06-09 | Motion for leave to intervene, (bookform), Completed on: 2004-06-09 | Canadian Association of Provincial Court Judges |
| 2004-06-08 | Respondent's record, (Vol. I, II, III), Completed on: 2004-06-22 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-05-12 | Appellant's record, (Vol. I to IV), Completed on: 2004-05-12 | Provincial Court Judges' Association of New Brunswick |
| 2004-05-12 | Appellant's book of authorities, Completed on: 2004-05-12 | Provincial Court Judges' Association of New Brunswick |
| 2004-05-12 | Appellant's factum, Completed on: 2004-05-13 | Provincial Court Judges' Association of New Brunswick |
| 2004-04-20 | Order on motion to extend time | |
| 2004-04-20 |
Decision on motion to extend time, to serve and file the notice of intervention by the Attorney General for Saskatchewan to Mar. 23/04, F Granted |
|
| 2004-04-20 | Submission of motion to extend time, F | |
| 2004-04-15 | Response to motion to extend time, Appellant consents to the extension of time of AG of Sask., Completed on: 2004-04-15 | Provincial Court Judges' Association of New Brunswick |
| 2004-04-13 | Response to motion to extend time, e-mail from Gowlings dated 04/13/04, Completed on: 2004-04-13 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-03-29 | Motion to extend time, to file the notice of intervention, Completed on: 2004-03-29 | Attorney General for Saskatchewan |
| 2004-03-23 | Notice of intervention respecting a constitutional question, (extension of time requested) | Attorney General for Saskatchewan |
| 2004-03-22 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2004-03-22 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2004-03-18 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2004-03-16 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2004-03-15 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2004-02-27 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2004-02-24 | Notice of constitutional question(s) | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2004-02-19 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-02-19 |
Decision on the motion to state a constitutional question, CJ, 1. Do par. (a)(I), (ii) and (iii) of New Brunswick Order in Council 2002-110 interfere with the financial security of Provincial Court judges and thereby violate the principle of judicial independence guaranteed by the preamble to the Constitution Act, 1867? 2. Do par. (a)(I), (ii) and (iii) of New Brunswick Order in Council 2002-110 interfere with the financial security of Provincial Court judges and thereby violate the principle of judicial independence guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms? 3. If the answer to question 2 is in the affirmative, do par.(a)(I), (ii) and (iii) of New Brunswick Order in Council 2002-110 constitute 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 |
|
| 2004-02-10 | Submission of motion to state a constitutional question, CJ | |
| 2004-01-12 | Response to the motion to state a constitutional question, (Letter Form), from S. Dawes dated Jan. 9, 2004 (fax copy), Completed on: 2004-01-12 | Provincial Court Judges' Association of New Brunswick |
| 2004-01-02 | Notice of appeal, Completed on: 2004-01-02 | Provincial Court Judges' Association of New Brunswick |
| 2003-12-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-12-22 | Motion to state a constitutional question, book form, Completed on: 2003-12-22 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2003-12-05 | Judgment on leave sent to the parties | |
| 2003-12-04 |
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 New Brunswick, Number 90/02/CA, dated August 20, 2003, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-11-24 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
| 2003-11-18 | Applicant's reply to respondent's argument, Completed on: 2003-11-18 | Provincial Court Judges' Association of New Brunswick |
| 2003-11-12 | Respondent's response on the application for leave to appeal, Completed on: 2003-11-12 | Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice |
| 2003-11-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-10-16 | Court of Appeal casebooks and transcripts of evidence, Vol. 1 to 4 (3 copies) | |
| 2003-10-16 | Application for leave to appeal, (T/C and C/A reasons not signed - rec'd Oct. 31/03) (C/A Order filed Oct. 20/03), Completed on: 2003-10-31 | Provincial Court Judges' Association of New Brunswick |
| 2003-09-26 | Correspondence received from, S. Dawes dated Sept. 25/03 (by fax) re: will file Application for Leave to Appeal and advising that if leave is granted would like to be heard with Bodner (29525) | Provincial Court Judges' Association of New Brunswick |
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 |
|---|---|---|
| Provincial Court Judges' Association of New Brunswick | Appellant | Active |
| The Honorable Judge Michael McKee and the Honourable Judge Steven Hutchinson | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General for Saskatchewan | Intervener | Active |
| Canadian Association of Provincial Court Judges | Intervener | Active |
| Ontario Conference of Judges | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
Counsel
Party: Provincial Court Judges' Association of New Brunswick
Counsel
Names
Susan Dawes
Robb Tonn
Robb Tonn
Contact information
Myers Weinberg
724-240 Graham Avenue
Winnipeg, Manitoba
R3C 0J7
Telephone: (204) 942-0501
FAX: (204) 956-0625
724-240 Graham Avenue
Winnipeg, Manitoba
R3C 0J7
Telephone: (204) 942-0501
FAX: (204) 956-0625
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: The Honorable Judge Michael McKee and the Honourable Judge Steven Hutchinson
Counsel
Names
Susan Dawes
Robb Tonn
Robb Tonn
Contact information
Myers Weinberg
724-240 Graham Avenue
Winnipeg, Manitoba
R3C 0J7
Telephone: (204) 942-0501
FAX: (204) 956-0625
724-240 Graham Avenue
Winnipeg, Manitoba
R3C 0J7
Telephone: (204) 942-0501
FAX: (204) 956-0625
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: Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice
Counsel
Names
Gaétan Migneault
Nancy E. Forbes
Nancy E. Forbes
Contact information
Attorney General of New Brunswick
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Agent
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
Party: Attorney General of Alberta
Counsel
Name
Kurt J.W. Sandstrom
Contact information
Attorney General of Alberta
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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
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 British Columbia
Counsel
Names
George H. Copley, Q.C.
Jennifer Button
Jennifer Button
Contact information
Attorney General of British Columbia
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.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: Attorney General of Quebec
Counsel
Names
Claude-Armand Sheppard
Claude-Armand Sheppard
Claude-Armand Sheppard
Contact information
Robinson Sheppard Shapiro
4700 - 800 Place Victoria
CP 322 Succ Tour de la Bourse
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
4700 - 800 Place Victoria
CP 322 Succ Tour de la Bourse
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Canada
Counsel
Names
Brian J. Saunders
Anne M. Turley
Anne M. Turley
Contact information
Attorney General of Canada
Department of Justice
1148 - 234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4865
FAX: (613) 954-1920
Email: brian.saunders@justice.gc.ca
Department of Justice
1148 - 234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4865
FAX: (613) 954-1920
Email: brian.saunders@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Bank of Canada Building - East Tower
216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Bank of Canada Building - East Tower
216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Attorney General of Ontario
Counsel
Names
Sean Hanley
Lori Sterling
Arif Virani
Lori Sterling
Arif Virani
Contact information
Attorney General of Ontario
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4473
FAX: (416) 326-4015
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4473
FAX: (416) 326-4015
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: Attorney General for Saskatchewan
Counsel
Name
Graeme G. Mitchell, Q.C.
Contact information
Attorney General for Saskatchewan
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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
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: Canadian Association of Provincial Court Judges
Counsel
Names
Raynold Langlois, c.r.
Chantal Chatelain
Chantal Chatelain
Contact information
Langlois Kronström Desjardins
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: raynold.langlois@lkdnet.com
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: raynold.langlois@lkdnet.com
Agent
Name
Marie-France Major
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Ontario Conference of Judges
Counsel
Names
C. Michael Mitchell
Steven M. Barrett
Steven M. Barrett
Contact information
Sack Goldblatt Mitchell
20 Dundas Street W., Suite 1130
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
20 Dundas Street W., Suite 1130
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
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: Federation of Law Societies of Canada
Counsel
Name
Louis Masson
Contact information
Joli-Coeur, Lacasse, Geoffrion, Jetté, Saint-Pierre
600 - 1134, chemin St-Louis
Sillery, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: louis.masson@jolicoeurlacasse.com
600 - 1134, chemin St-Louis
Sillery, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: louis.masson@jolicoeurlacasse.com
Agent
Name
Richard Gaudreau
Contact information
Bergeron, Gaudreau, Laporte
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.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.
Pursuant to this Court’s decision in Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island, [1997] 3 S.C.R. 3 (“P.E.I. Reference”), the Province of New Brunswick amended the Provincial Court Act, R.S.N.B. 1973, c.P-21 thereby establishing the Judicial Remuneration Commission. On a triennial basis, it is required to conduct an inquiry as to the adequacy of Provincial Court judges’ remuneration and benefits. The first three member Commission (the “1998 Commission”) was set up shortly after the amendments to the legislation. The second Commission began its mandate in January 2001 (the “2001 Commission”) and submitted its report on April 11, 2001. The report of the 2001 Commission is the subject of this appeal.
Pursuant to the Provincial Court Act, the government may accept or reject the recommendations of a commission. On November 21, 2001, the Minister tabled the 2001 Commission’s report as well as the Government’s response. Most of the Commission’s recommendations, including those dealing with salary increases, were rejected by the Government.
The Appellants applied to the Court of Queen’s Bench asking for an order requiring the Government of the Province to fully implement the recommendations of the Commission regarding salary and benefits. It claimed that the Government failed to give rational reasons for rejecting the principal recommendations of the 2001 Commission. Boisvert J. dismissed the application as it related to salary; however, granted the application regarding pension, vacation and health care, and ordered that the issue of life insurance be returned to the 2001 Commission for further submissions by the parties. Boisvert J. ordered party and party costs in favour of the Appellants. The Appellants appealed the decision of Boisvert J. on the issue of the salary recommendations of the 2001 Commission. The Court of Appeal dismissed the appeal and declined to make an order for costs.
Lower court rulings
May 13, 2002
Court of Queen’s Bench of New Brunswick
B/M/03/02
Court of Queen’s Bench of New Brunswick
B/M/03/02
Appellants' application for an order requiring the Respondent to fully implement the salary recommendations of 2001 Judicial Renumeration Commission, dismissed; Appellant's application for order to implement pension, vacation and health care coverage...
August 20, 2003
Court of Appeal of New Brunswick
90/02/CA
Court of Appeal of New Brunswick
90/02/CA
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
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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.
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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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Date modified: 2025-05-13