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30805

Her Majesty the Queen v. Public Service Alliance of Canada

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2006-07-26 Record returned to the Registrar of the Court of Appeal
2006-07-21 Transcript received, (34 pages)
2006-07-04 Appeal closed
2006-06-26 Formal judgment sent to the registrar of the court of appeal and all parties
2006-06-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2006-06-23 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-48-04, dated January 6, 2005, 2005 FCA 5, was heard this day and the following judgment was rendered:


The Chief Justice (orally) — It is not necessary to hear from counsel for the appellant or the interveners.
We are all of a view that s. 10 of the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, applies to the civilian staff appointed and employed by the RCMP Commissioner and that it does not apply to the civilian staff appointed or employed by a municipality under an agreement entered into by the Solicitor General pursuant to s. 20 of the Act.
The appeal is therefore allowed with costs throughout.
Allowed, with costs
2006-06-23 Respondent's condensed book, Submitted in Court (14 copies) Public Service Alliance of Canada
2006-06-23 Acknowledgement and consent for video taping of proceedings, From all parties
2006-06-23 Hearing of the appeal, 2006-06-23, CJ Ba Bi LeB De F Abe Cha Ro
Judgment rendered
2006-06-22 Correspondence received from, David Yazbeck dated June 22/06 re: additional provisions will be included in condensed book Public Service Alliance of Canada
2006-06-21 Notice of appearance, Edward A. Gores will not be appearing at the hearing. Attorney General of Nova Scotia
2006-06-16 Notice of appearance, Edward A. Gores will be present at the hearing. Attorney General of Nova Scotia
2006-06-15 Notice of appearance, Peter Gall and Nitya Iyer will be present at the hearing. Union of British Columbia Municipalities ("UBCM")
2006-06-13 Notice of appearance, David Yazbeck will be present at the hearing. Public Service Alliance of Canada
2006-06-09 Notice of appearance, Alain Préfontaine will be present at the hearing. Her Majesty the Queen
2006-06-08 Notice of appearance, Kurt J.W. Sandstrom will be present at the hearing. Attorney General of Alberta
2006-06-08 Notice of appearance, Colin Fetter and Jeffrey Beedell will be present at the hearing. Alberta Urban Municipalities Association ("AUMA")
2006-06-06 Supplemental factum, Respondent (CD to follow - Rec'd on June 7, 2006) Public Service Alliance of Canada
2006-06-06 Appellant's book of authorities, Appellant (Supplemental), Completed on: 2006-06-06 Her Majesty the Queen
2006-06-06 Supplemental factum, Appellant (CD included), New CD rec'd June 6/06 Her Majesty the Queen
2006-05-24 Order on motion to extend time
2006-05-24 Decision on motion to extend time, to serve and file the intervener, A.G. Sask.'s, factum to May 19/06; A.G. Sask. does not seek oral argument, Reg
Granted
2006-05-24 Submission of motion to extend time, Reg
2006-05-23 Notice of appearance, Nancy E. Brown will be present at the hearing. Attorney General of British Columbia
2006-05-23 Response to motion to extend time, (Letter Form), from David Yazbeck dated May 23/06 (by A.G. SK), Completed on: 2006-05-23 Public Service Alliance of Canada
2006-05-19 Intervener's factum - AG on constitutional question, (CD rec'd May 25/06), Completed on: 2006-05-25 Attorney General for Saskatchewan
2006-05-19 Response to motion to extend time, (Letter Form), from Alain Préfontaine dated May 19/06 (by A.G. SK), Completed on: 2006-05-19 Her Majesty the Queen
2006-05-19 Motion to extend time, to file the intervener's factum to May 19/06, Completed on: 2006-05-19 Attorney General for Saskatchewan
2006-05-16 Book of authorities, Completed on: 2006-05-16 Attorney General of Nova Scotia
2006-05-16 Intervener's factum - AG on constitutional question, Completed on: 2006-05-16 Attorney General of Nova Scotia
2006-05-16 Book of authorities, Completed on: 2006-05-16 Attorney General of British Columbia
2006-05-16 Intervener's factum - AG on constitutional question, Completed on: 2006-05-16 Attorney General of British Columbia
2006-05-15 Book of authorities, Completed on: 2006-05-15 Attorney General of New Brunswick
2006-05-15 Intervener's factum - AG on constitutional question, Completed on: 2006-05-15 Attorney General of New Brunswick
2006-05-15 Book of authorities, Completed on: 2006-05-15 Attorney General of Alberta
2006-05-15 Intervener's factum - AG on constitutional question, Completed on: 2006-05-15 Attorney General of Alberta
2006-05-04 Notice of appearance, John Elder and Susan D. Coen will be present at the hearing. Canadian Union of Public Employees (CUPE)
2006-04-27 Notice of appearance, David K. Law and Sophie Gagnier will be present at the hearing. Commissionaires Canada
2006-04-25 Order by, LeB, FURTHER TO THE ORDER of LeBel J. dated February 9, 2006, granting leave to intervene to
the Canadian Union of Public Employees, the Alberta Urban Municipalities Association, the Union of British Columbia Municipalities and the Commissionaires Canada;
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
2006-04-25 Order on motion to extend time, (BY LEBEL J.)
2006-04-25 Decision on motion to extend time, LeB, The motion by the intervener, Canadian Union of Public Employees, for an order extending the time to serve and file its factum to April 10, 2006 and its book of authorities to April 12, 2006, 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 interveners.
Allowed in part
2006-04-24 Submission of motion to extend time, LeB
2006-04-20 Response to motion to extend time, (Letter Form), from David Yazbeck dated Apr. 20/06 re: oral submission, Completed on: 2006-04-20 Public Service Alliance of Canada
2006-04-18 Response to motion to extend time, (Letter Form), Mr. Law re: consent to ext. of time of CUPE, Completed on: 2006-04-18 Commissionaires Canada
2006-04-13 Response to motion to extend time, (Letter Form), from D. Yazbeck to CUPE's motion (by fax), Completed on: 2006-04-13 Public Service Alliance of Canada
2006-04-13 Motion to extend time, to serve the factum to April 10/06 and book of authorities to April 12/06 (AMENDED MOTION), Completed on: 2006-04-11 Canadian Union of Public Employees (CUPE)
2006-04-12 Response to motion to extend time, (Letter Form), from C. Fetter of Brownlee dated April 12, 2006 re: responding to the motion of time by CUPE(original rec'd Apr. 19/06), Completed on: 2006-04-12 Alberta Urban Municipalities Association ("AUMA")
2006-04-12 Response to motion to extend time, (Letter Form), from Alain Préfontaine dated Apr. 12/06, Completed on: 2006-04-12 Her Majesty the Queen
2006-04-07 Book of authorities, (service missing - rec'd April 13/06), Completed on: 2006-04-13 Canadian Union of Public Employees (CUPE)
2006-04-07 Intervener's factum, (Proof of delivery rec'd Apr. 11/06 with Motion for late service), Completed on: 2006-04-12 Canadian Union of Public Employees (CUPE)
2006-04-07 Book of authorities, Completed on: 2006-04-07 Union of British Columbia Municipalities ("UBCM")
2006-04-07 Intervener's factum, Completed on: 2006-04-07 Union of British Columbia Municipalities ("UBCM")
2006-04-07 Book of authorities, Completed on: 2006-04-07 Commissionaires Canada
2006-04-07 Intervener's factum, Completed on: 2006-04-07 Commissionaires Canada
2006-04-04 Notice of withdrawal Attorney General of Ontario
2006-03-14 Notice of intervention respecting a constitutional question Attorney General of Ontario
2006-03-14 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2006-03-14 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2006-03-13 Notice of intervention respecting a constitutional question Attorney General of Nova Scotia
2006-03-13 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2006-03-13 Notice of hearing sent to parties
2006-03-10 Notice of intervention respecting a constitutional question Attorney General of Alberta
2006-03-08 Book of authorities, Completed on: 2006-03-08 Alberta Urban Municipalities Association ("AUMA")
2006-03-08 Intervener's factum, Completed on: 2006-03-08 Alberta Urban Municipalities Association ("AUMA")
2006-03-06 Order on motion to extend time, (BY LEBEL J.)
2006-03-06 Decision on motion to extend time, LeB, UPON APPLICATION by the intervener, Union of British Columbia Municipalities, for an order extending the time to serve and file its factum and book of authorities and to present oral argument at the hearing of the appeal, and for an order addressing the constitutional question;
AND THE MATERIAL filed having been read;
IT IS HEREBY ORDERED THAT:
The motion by the intervener, Union of British Columbia Municipalities, for an order extending the time to serve and file its factum and book of authorities is granted to April 7, 2006.
The motion by the intervener, Union of British Columbia Municipalities for an order addressing the constitutional question, 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 interveners.
Granted
2006-03-06 Order on motion to extend time, (BY LEBEL J.)
2006-03-06 Decision on motion to extend time, LeB, UPON APPLICATION by the intervener, Commissionaires Canada, for an order extending the time to serve and file its factum and book of authorities and to present oral argument at the hearing of the appeal;
AND THE MATERIAL filed having been read;
IT IS HEREBY ORDERED THAT:
The motion by the intervener, Commissionaires Canada, for an order extending the time to serve and file its factum and book of authorities is granted to April 7, 2006.
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.
Allowed in part
2006-03-06 Submission of motion to extend time, LeB
2006-03-06 Order on motion to adduce new evidence, (BY LEBEL J.)
2006-03-06 Decision on motion to adduce new evidence, LeB, The motion by the intervener, Canadian Union of Public Employees, for an order granting leave to adduce fresh evidence in this appeal in the form of the affidavit of Susan D. Coen, sworn the 26th day of August, 2005, is granted.
The motion by the intervener, Canadian Union of Public Employees, for an order extending the time to serve and file its factum and book of authorities to April 7, 2006, is granted.
The motion by the intervener, Canadian Union of Public Employees, for an order addressing the constitutional question, 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 interveners.
Granted
2006-03-06 Order on motion to adduce new evidence, (BY LEBEL J.)
2006-03-06 Decision on motion to adduce new evidence, LeB, UPON APPLICATION by the intervener, Commissionaires Canada, for an order granting leave to adduce fresh evidence in this appeal in the form of the affidavit of Gerald J. Moodie, sworn the 7th day of December, 2005, having been filed in support of the applicant's motion to intervene; or, in the alternative, leave to refer in its factum to the affidavit of Gerald J. Moodie;
AND THE MATERIAL filed having been read;
IT IS HEREBY ORDERED THAT:
The motion by the intervener, Commissionaires Canada, for an order granting leave to adduce fresh evidence in this appeal in the form of an amended affidavit of Gerald J. Moodie, filed on March 1, 2006, is granted.
Allowed in part
2006-03-06 Submission of motion to adduce new evidence, LeB
2006-03-06 Submission of motion to extend time, LeB
2006-03-06 Submission of motion to extend time, LeB
2006-03-06 Submission of motion to adduce new evidence, LeB
2006-03-02 Response to the motion to adduce new evidence, (Letter Form), from A. Préfontaine dated March 2, 2006 (fax copy), Completed on: 2006-03-02 Her Majesty the Queen
2006-03-01 Reply to motion to adduce new evidence, (Letter Form), from David Law dated March 1, 2006 (fax copy), Completed on: 2006-03-01 Commissionaires Canada
2006-03-01 Motion to adduce new evidence, (joint with motion to state const. question and extension to file factum and authorities and for an oral hearing) - book form, Completed on: 2006-03-01 Canadian Union of Public Employees (CUPE)
2006-02-28 Response to the motion to adduce new evidence, (Letter Form), from David Yazbeck dated Feb. 28/06, Completed on: 2006-02-28 Public Service Alliance of Canada
2006-02-24 Response to motion to extend time, (Letter Form), from Mr. Préfontaine dated Feb. 24/06 re: consent to both ext. of time (cc. to all parties), Completed on: 2006-02-24 Her Majesty the Queen
2006-02-24 Response to the motion to adduce new evidence, (Letter Form), from Mr. Préfontaine dated Feb. 24/06 re: consent to motion to adduce new evidence (cc. to all parties), Completed on: 2006-02-24 Her Majesty the Queen
2006-02-24 Response to motion to extend time, (Letter Form), from Mr. Yazbeck dated Feb. 24/06 re: consent to the Union of B.C. ext. of time (cc. to all parties), Completed on: 2006-02-24 Public Service Alliance of Canada
2006-02-24 Response to motion to extend time, (Letter Form), from Mr. Yazbeck dated Feb. 24/06 re: consent to the Commissionaires ext. of time (cc. to all parties), Completed on: 2006-02-24 Public Service Alliance of Canada
2006-02-24 Motion to extend time, to file the factum and authorities to April 5, 2006 and to present oral argument (book form), Completed on: 2006-02-24 Commissionaires Canada
2006-02-23 Motion to extend time, to file the factum and interveners to April 5, 2006 and present oral argument (book form), Completed on: 2006-02-23 Union of British Columbia Municipalities ("UBCM")
2006-02-20 Motion to adduce new evidence, 3 copies - book form, Completed on: 2006-02-20 Commissionaires Canada
2006-02-20 Notice of constitutional question(s), (served on Feb. 16/06) Attorney General of New Brunswick
2006-02-15 Order on motion to state a constitutional question
2006-02-15 Decision on the motion to state a constitutional question, CJ, 1.The request for an extension of time is granted.
2.The following constitutional question is stated:
Is s. 10(1) of the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, in pith and substance, in relation to the administration of justice under s. 92(14) of the Constitution Act, 1867, and thereby constitutionally invalid?
IT IS FURTHER ORDERED THAT:
1.The Attorney General of New Brunswick shall serve forthwith on the other Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from.
2.Any notices of intervention relating to the constitutional question shall be served and filed on or before March 14, 2006.
3.Any interveners under Rule 61, shall serve and file their factum and book of authorities on or before May 16, 2006.
4.The appellant and the respondent may serve and file supplementary facta on the constitutional question, not to exceed 10 pages in length, on or before June 6, 2006.
5.This appeal scheduled to be heard on March 22, 2006, is adjourned to June 23, 2006.
Granted
2006-02-14 Reply to the motion to state a constitutional question, (Letter Form), from John G. Furey dated Feb. 14/06, Completed on: 2006-02-14 Attorney General of New Brunswick
2006-02-13 Submission of motion to state a constitutional question, CJ
2006-02-10 Response to the motion to state a constitutional question, (Letter Form), from David Yazbeck dated Feb. 10/06, Completed on: 2006-02-10 Public Service Alliance of Canada
2006-02-10 Letter sent to Intervener(s)
2006-02-09 Response to the motion to state a constitutional question, (Letter Form), from Alain Préfontaine dated Feb. 9/06, Completed on: 2006-02-09 Her Majesty the Queen
2006-02-09 Order on motion for leave to intervene
2006-02-09 Decision on the motion for leave to intervene, (revised Feb. 10/06), LeB, UPON APPLICATIONS by the Canadian Union of Public Employees, the Attorney General of New Brunswick, the Alberta Urban Municipalities Association, the Union of British Columbia Municipalities, the Commissionaires Canada and the City of Surrey for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Alberta Urban Municipalities Association, the Union of British Columbia Municipalities and the City of Surrey to append to their facta certain affidavits in support of their motion for leave to intervene;
AND THE MATERIAL having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the applicant, the Canadian Union of Public Employees, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 8, 2006.
The motion for leave to intervene of the applicant, the Attorney General of New Brunswick, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 8, 2006.
The motion for leave to intervene of the applicant, the Alberta Urban Municipalities Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 8, 2006. The motion for leave to append to its factum the affidavit Bruce Earle Thom filed in support of this motion to intervene is granted.
The motion for leave to intervene of the applicant, the Union of British Columbia Municipalities, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 8, 2006. The motion for leave to append to its factum the affidavit of Richard Taylor filed in support of this motion to intervene is granted.
The motion for leave to intervene of the applicant, the Commissionaires 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 March 8, 2006.
The motion for leave to intervene of the applicant, the City of Surrey, is dismissed.
The requests to present oral argument are 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, except where permitted by this Order.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Allowed in part
2006-02-08 Submission of motion for leave to intervene, LeB
2006-01-31 Motion to state a constitutional question, (joint with extension of time), Completed on: 2006-02-01 Attorney General of New Brunswick
2006-01-18 Notice of appearance, John G. Furey will be appearing. Attorney General of New Brunswick
2006-01-10 Respondent's book of authorities, Completed on: 2006-01-10 Public Service Alliance of Canada
2006-01-10 Respondent's record, Completed on: 2006-01-10 Public Service Alliance of Canada
2006-01-10 Respondent's factum, (Vol. 1 and 2), Completed on: 2006-01-10 Public Service Alliance of Canada
2006-01-10 Appeal perfected for hearing
2005-12-29 Reply to the motion for leave to intervene, (Letter Form), (reply to PSAC's response) cc. to all parties, Completed on: 2005-12-29 Alberta Urban Municipalities Association ("AUMA")
2005-12-29 Reply to the motion for leave to intervene, (Letter Form), (reply to PSAC's response) cc. to all parties by fax, Completed on: 2005-12-29 Union of British Columbia Municipalities ("UBCM")
2005-12-28 Reply to the motion for leave to intervene, (Letter Form), (reply to PSAC's response) cc. to all parties by fax, Completed on: 2005-12-28 Commissionaires Canada
2005-12-20 Response to the motion for leave to intervene, (Letter Form), from David Yazbeck dated Dec. 20/05 (by all interveners), Completed on: 2005-12-20 Public Service Alliance of Canada
2005-12-19 Response to the motion for leave to intervene, (Letter Form), from Alain préfontaine dated Dec. 19/05 (by all interveners), Completed on: 2005-12-19 Her Majesty the Queen
2005-12-13 Motion for leave to intervene, Completed on: 2005-12-22 City of Surrey
2005-12-13 Motion for leave to intervene, book form, Completed on: 2005-12-13 Commissionaires Canada
2005-12-13 Motion for leave to intervene, book form, Completed on: 2005-12-13 Union of British Columbia Municipalities ("UBCM")
2005-12-12 Motion for leave to intervene, book form, Completed on: 2005-12-12 Alberta Urban Municipalities Association ("AUMA")
2005-12-09 Motion for leave to intervene, book form, Completed on: 2005-12-09 Attorney General of New Brunswick
2005-12-09 Notice of hearing sent to parties
2005-12-08 Appeal hearing scheduled, 2006-06-23, Previously Mar. 22/06
Judgment rendered
2005-12-02 Correspondence received from, John Elder dated Dec. 2/05 re: no change in his motion Canadian Union of Public Employees (CUPE)
2005-11-15 Appellant's record, (Vol. I to IV), Completed on: 2005-11-15 Her Majesty the Queen
2005-11-15 Appellant's book of authorities, Completed on: 2005-11-15 Her Majesty the Queen
2005-11-15 Appellant's factum, Revised CD rec'd Nov. 16/05, Completed on: 2005-11-15 Her Majesty the Queen
2005-09-01 Response to the motion for leave to intervene, (Letter Form), from Alain Préfontaine dated Sept. 1/05, Completed on: 2005-09-01 Her Majesty the Queen
2005-09-01 Response to the motion for leave to intervene, (Letter Form), D. Yazbeck (by fax), Completed on: 2005-09-01 Public Service Alliance of Canada
2005-08-31 Motion for leave to intervene, Completed on: 2005-08-31 Canadian Union of Public Employees (CUPE)
2005-08-30 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-08-23 Notice of appeal, Completed on: 2005-08-23 Her Majesty the Queen
2005-07-14 Appeal court record, (1 box)
2005-06-24 Judgment on leave sent to the parties
2005-06-23 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-48-04, dated January 6, 2005, 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
2005-06-23 Decision on motion to extend time to file and /or serve the leave application, Ma F Abe
Granted
2005-05-30 All materials on application for leave submitted to the Judges, Ma F Abe
2005-05-30 Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe
2005-04-26 Order on motion to leave to intervene
2005-04-26 Decision on motion for leave to intervene, Cha, UPON APPLICATION by the Canadian Union of Public Employees for leave to intervene in the above mentioned application for leave to appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
Interventions in support of a leave application are rarely granted and only in exceptional circumstances. The application for leave to appeal should itself include material relevant to the general importance of the case.
The proposed intervener merely expands on the issues raised by the applicant and stresses their public importance. There is no need for an intervention at this stage of the proceedings.
The motion is dismissed without prejudice to the applicant's right to apply for leave to intervene in the appeal, if the Court grants the application for leave to appeal.
Dismissed
2005-04-25 Submission of motion for leave to intervene, Cha
2005-04-22 Reply to the motion for leave to intervene., Completed on: 2005-04-22 Canadian Union of Public Employees (CUPE)
2005-04-18 Response to the motion for leave to intervene, (Letter Form), from Alain Préfontaine dated Apr. 18/05 (joint with applicant's reply), Completed on: 2005-04-18 Her Majesty the Queen
2005-04-18 Applicant's reply to respondent's argument, (Letter Form), from Alain Préfontaine dated Apr. 18/05 re: will not be filing a reply (joint with response to intervention by CUPE), Completed on: 2005-04-18 Her Majesty the Queen
2005-04-15 Response to the motion for leave to intervene, (bookform), Completed on: 2005-04-15 Public Service Alliance of Canada
2005-04-08 Motion for leave to intervene, Completed on: 2005-04-08 Canadian Union of Public Employees (CUPE)
2005-04-07 Respondent's response on the application for leave to appeal, Completed on: 2005-04-07 Public Service Alliance of Canada
2005-03-23 Response to motion to extend time, (Letter Form), from David Yazbeck dated March 23/05, Completed on: 2005-03-23 Public Service Alliance of Canada
2005-03-17 Motion to extend time, (bookform), Completed on: 2005-04-01 Her Majesty the Queen
2005-03-15 Letter acknowledging receipt of an incomplete application for leave to appeal
2005-03-08 Application for leave to appeal, (Requested Motion for Extention of Time), Completed on: 2005-03-17 Her Majesty the Queen

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Public Service Alliance of Canada Respondent Active

Other parties

Other parties
Name Role Status
Canadian Union of Public Employees (CUPE) Intervener Active
Attorney General of New Brunswick Intervener Active
Alberta Urban Municipalities Association ("AUMA") Intervener Active
Union of British Columbia Municipalities ("UBCM") Intervener Active
Commissionaires Canada Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of Nova Scotia Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General for Saskatchewan Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Brian J. Saunders
Alain Préfontaine
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
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Public Service Alliance of Canada

Counsel
David Yazbeck
Raven, Cameron, Ballantyne & Yazbeck LLP
1600 - 220 Laurier Avenue West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: dyazbeck@ravenlaw.com

Party: Canadian Union of Public Employees (CUPE)

Counsel
John Elder
Canadian Union of Public Employees
21 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-1590 Ext: 310
FAX: (613) 237-5508

Party: Attorney General of New Brunswick

Counsel
John G. Furey
Attorney General of New Brunswick
Room 447, Centennial Building
670 King Street
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-3606
FAX: (506) 453-3275
Agent
Brian A. Crane, Q.C.
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

Party: Alberta Urban Municipalities Association ("AUMA")

Counsel
Colin R. Fetter
Brownlee LLP
2200 - 10155 , 102 Street
Edmonton, Alberta
T5J 4G8
Telephone: (780) 497-4867
FAX: (780) 424-3254
Email: cfetter@brownleelaw.com
Agent
Jeffrey W. Beedell
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Union of British Columbia Municipalities ("UBCM")

Counsel
Nitya Iyer
Peter A. Gall, Q.C.
Heenan Blaikie
2200 - 1055 West Hastings Street
Vancouver, British Columbia
V6E 2E9
Telephone: (604) 669-0011
FAX: (866) 287-6553
Email: niyer@heenan.ca
Agent
Peter N. Mantas
Heenan Blaikie
55 Metcalfe Street, Suite 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Email: pmantas@heenan.ca

Party: Commissionaires Canada

Counsel
David Law
Kecia Podetz
Emond, Harnden LLP
707 Bank Street
Ottawa, Ontario
K1S 3V1
Telephone: (613) 563-7660
FAX: (613) 563-8001

Party: Attorney General of Alberta

Counsel
Kurt J.W. Sandstrom
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
Agent
Brian A. Crane, Q.C.
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

Party: Attorney General of Nova Scotia

Counsel
Edward A. Gores
Attorney General of Nova Scotia
P. O. Box 7
400 - 5151 Terminal Road
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: goresea@gov.ns.ca
Agent
Stephen J. Grace
Maclaren Corlett
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com

Party: Attorney General of British Columbia

Counsel
Nancy E. Brown
Attorney General of British Columbia
1001 Douglas Street
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-5597
FAX: (250) 356-9154
Email: nancy.ag.brown@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
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
Graeme G. Mitchell, Q.C.
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
Agent
Henry S. Brown, Q.C.
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

Summary

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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.

Constitutional law - Division of powers - Police - Municipal policing agreements - Whether municipal policing agreements that permit municipalities to employ civilian staff to provide support services to RCMP contravene s. 10 of Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10.

The Respondent brought an action contending that s. 10 of the Royal Canadian Mounted Police Act is contravened by municipal policing agreements that permit municipalities to employ civilian staff to provide support services to the RCMP. Section 10(1) of the Act provides that “the civilian employees that are necessary for carrying out the functions and duties of the Force shall be appointed or employed under the Public Service Employment Act”. At issue here is whether municipalities are required to employ federal public servants if they retain the services of the RCMP.

The Appellant’s application for summary judgment was granted and the Respondent’s action dismissed. On appeal, the majority of the Court of Appeal allowed the appeal.

Lower court rulings

January 8, 2004
Federal Court of Canada, Trial Division

T-2091-00

Appellant's application for summary judgment granted; Respondent's action dismissed

January 6, 2005
Federal Court of Appeal

A-48-04

Appeal allowed

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Date modified: 2025-05-13