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.
31583
Société des acadiens et acadiennes du Nouveau-Brunswick Inc., et al. v. Her Majesty the Queen, et al.
(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) |
|---|---|---|
| 2008-06-30 | Appeal closed | |
| 2008-06-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-06-27 | Notice of deposit of judgment sent to all parties | |
| 2008-06-26 |
Decision on the motion for a re-hearing of the appeal, CJ Ba Bi LeB De F Abe Cha Ro, The motion for a re-hearing on the issue of costs awarded in the Supreme Court of Canada judgment dated April 11, 2008 is dismissed with costs. Paragraph 27 of the reasons for judgment is amended by removing, in the English version, the words: “In light of the abolition of the Court Challenges Program, which would have applied to a case such as this one, and”, and, in the French version, the words “Vu l'abolition du Programme national des constestations judiciaires, qui se serait appliqué à un cas comme celui-ci, et”. Paragraph 27 should read as follows: [27] The appellants ask for $135,000 in costs. Since the respondent appears to have acknowledged the importance of the principles in issue in this case, as she has not asked for costs, the appellants are awarded the requested amount. No 31583 [27] The appellants ask for $135,000 in costs. Since the respondent appears to have acknowledged the importance of the principles in issue in this case, as she has not asked for costs, the appellants are awarded the requested amount. Dismissed, with costs |
|
| 2008-06-09 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ba Bi LeB De F Abe Cha Ro | |
| 2008-05-16 | Response to the motion for a re-hearing of the appeal, (sent to the Court on June 9/08), Completed on: 2008-05-22 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2008-05-15 | Response to the motion for a re-hearing of the appeal, (Letter Form), from Gaétan Migneault dated May 15/08 re: takes no position (sent to the Court on June 9/08), Completed on: 2008-05-15 | Attorney General of New Brunswick |
| 2008-05-06 | Motion for a re-hearing of the appeal, (bookform) (sent to the Court on June 9/08), Completed on: 2008-05-06 | Her Majesty the Queen |
| 2008-04-21 | Correspondence received from, Michel Doucet dated Apr. 21/08 re: appellants received financial support from the Court Challenges Program | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2008-04-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-04-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-04-11 |
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-527-05, 2006 FCA 196, dated May 25, 2006, heard on October 17, 2007, is allowed. Section 20(2) of the Canadian Charter of Rights and Freedoms requires the Royal Canadian Mounted Police to provide services in both official languages when acting as a provincial police force pursuant to the agreement between the New Brunswick government and the Government of Canada dated April 1, 1992. Costs in the amount of $135,000 should be awarded to the appellants. Allowed, with costs |
|
| 2007-10-31 | Transcript received, (59 pages) | |
| 2007-10-17 | Judgment reserved OR rendered with reasons to follow | |
| 2007-10-17 | Respondent's condensed book, Submitted in Court (14 copies) (Pleading included) | Her Majesty the Queen |
| 2007-10-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-10-17 |
Hearing of the appeal, 2007-10-17, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-10-02 | Notice of appearance, Gaetan Migneault will be present at the hearing. | Attorney General of New Brunswick |
| 2007-10-02 | Notice of appearance, Alain Préfontaine will be present at the hearing. | Her Majesty the Queen |
| 2007-10-02 | Notice of appearance, Johane Tremblay and Christine Ruest will be present at the hearing | Commissioner of Official Languages of Canada |
| 2007-10-01 | Supplemental factum, AMENDED INTERVENERS FACTUM AS PER JUSTICE LEBEL'S ORDER (constitutional question) (sent to the judges Oct. 3/07), Completed on: 2007-10-01 | Attorney General of New Brunswick |
| 2007-10-01 | Supplemental factum, Completed on: 2007-10-01 | Attorney General of New Brunswick |
| 2007-09-28 | Order on motion to strike out, (BY LEBEL J.) | |
| 2007-09-28 |
Decision on motion to strike out, LeB, À LA SUITE D’UNE DEMANDE de l’intimée visant à obtenir la radiation des paragraphes 2 à 4, 9, 15 à 36, 38, 40, 45 et 56 à 60 du mémoire de l’intervenant Procureur général du Nouveau-Brunswick et des paragraphes 2, 5, 6, 9, 15, 16, 21, 24, 38 à 44 et 46 à 49 du mémoire de l’intervenant Commissaire aux langues officielles du Canada; ET À LA SUITE D’UNE DEMANDE de l’intimée, dans sa réplique, pour un redressement subsidiaire; APRÈS AVOIR PRIS CONNAISSANCE de la documentation déposée; ET CONSIDÉRANT QUE les commentaires sur le par. 20(1) de la Charte canadienne des droits et libertés contenus dans les mémoires des intervenants ne modifient pas les questions de droit et de fait qui se situent au coeur du litige et ne sont pas étrangers aux débats entre les parties; IL EST PAR LA PRÉSENTE ORDONNÉ CE QUI SUIT: 1) La requête pour radier certains paragraphes du mémoire de l’intervenant Commissaire aux langues officielles du Canada est rejetée en totalité; 2) La requête pour radier certains paragraphes du mémoire de l’intervenant Procureur général du Nouveau-Brunswick est accueillie en partie. La deuxième phrase du paragraphe 5 et les paragraphes 9 et 38 de ce mémoire sont radiés. Le Procureur général du Nouveau-Brunswick devra déposer un mémoire amendé dans les 5 jours suivant la présente ordonnance; 3) La demande pour redressement subsidiaire de l’intimée devra faire l’objet d’une requête séparée. Allowed in part |
|
| 2007-09-26 | Correspondence received from, Gaétan Migneault dated Sept. 26/07 re: respondent's reply | Attorney General of New Brunswick |
| 2007-09-26 | Submission of motion to strike out, LeB | |
| 2007-09-25 | Correspondence received from, René LeBlanc dated Sept. 25/07 re: negociation with the Province of N.B. and the RCMP | Her Majesty the Queen |
| 2007-09-24 | Reply to motion to strike out, (bookform), Completed on: 2007-09-24 | Her Majesty the Queen |
| 2007-09-24 | Notice of appearance, Michel Doucet and Mark Power will be present at the hearing. | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-09-20 | Response to motion to strike out, Completed on: 2007-09-20 | Attorney General of New Brunswick |
| 2007-09-18 | Response to motion to strike out, Completed on: 2007-09-18 | Commissioner of Official Languages of Canada |
| 2007-09-11 | Response to motion to strike out, (Letter Form), (by fax) from Michel Doucet dated Sept. 11/07, Completed on: 2007-09-11 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-09-10 | Motion to strike out, paragraphs in the factum of the A.G. of New Brunswick and the Commissioner of Official Languages (bookform), Completed on: 2007-09-10 | Her Majesty the Queen |
| 2007-09-06 |
Order by, LeB, FURTHER TO THE ORDER dated July 11, 2007, in which LeBel J. granted leave to intervene to the Commissioner of Official Languages of Canada; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2007-09-05 | Intervener's book of authorities, Completed on: 2007-09-05 | Commissioner of Official Languages of Canada |
| 2007-09-05 | Intervener's factum, Completed on: 2007-09-05 | Commissioner of Official Languages of Canada |
| 2007-08-20 | Notice of appearance, Michel Doucet and Marc Power will be present at the hearing. | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-10-17, (previously June 14/07) Judgment reserved |
|
| 2007-07-19 | Intervener's book of authorities, Completed on: 2007-07-19 | Attorney General of New Brunswick |
| 2007-07-19 | Intervener's factum - AG on constitutional question, (See amended factum filed Oct. 1/07 as per LeBel J.'s order), Completed on: 2007-07-19 | Attorney General of New Brunswick |
| 2007-07-11 | Letter sent to Intervener(s) | |
| 2007-07-11 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2007-07-11 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Commissioner of Official Languages of Canada for leave to intervene in the above appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Commissioner of Official Languages of Canada is granted and the intervener shall be entitled to serve and file a factum not to exceed 20 pages in length. 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 raise new issues or 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 respondent any additional disbursements occasioned to the appellants and respondent by the intervention. Granted |
|
| 2007-07-11 | Submission of motion for leave to intervene, LeB | |
| 2007-06-25 | Appeal perfected for hearing | |
| 2007-06-22 | Notice of withdrawal | Attorney General of Ontario |
| 2007-06-21 | Respondent's book of authorities, Completed on: 2007-06-21 | Her Majesty the Queen |
| 2007-06-21 | Respondent's factum, French and english factums filed - French is the official version - CD returned, rec`d July 9, 2007, Completed on: 2007-07-09 | Her Majesty the Queen |
| 2007-06-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-05-30 | Response to the motion for leave to intervene, (Letter Form), from Alain Préfontaine dated May 29/07, Completed on: 2007-05-30 | Her Majesty the Queen |
| 2007-05-28 | Response to the motion for leave to intervene, (Letter Form), from Michel Doucet dated Mai 24/07, Completed on: 2007-05-28 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-05-22 | Motion for leave to intervene, Completed on: 2007-05-22 | Commissioner of Official Languages of Canada |
| 2007-04-26 | Appellant's record, (Vol. I and II), Completed on: 2007-04-30 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-04-26 | Appellant's book of authorities, (Vol. I to VII), Completed on: 2007-04-30 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-04-26 | Appellant's factum, Completed on: 2007-04-30 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-03-07 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2007-03-05 | Notice of intervention respecting a constitutional question, (in english and french version) | Attorney General of New Brunswick |
| 2007-02-08 | Notice of constitutional question(s), (served on Feb. 7/07) | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-02-01 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2007-02-01 |
Decision on the motion to state a constitutional question, CJ, Does s. 20(2) of the Canadian Charter of Rights and Freedoms require the Royal Canadian Mounted Police to provide services in both official languages when acting as a provincial police force pursuant to an agreement between the governments of New Brunswick and Canada? Allowed in part |
|
| 2007-01-30 | Correspondence received from, Mark Power, dated Jan. 29/07; enclosed "entente sur les services de police provinciaux pour la prov. de N.-B. | Marie-Claire Paulin |
| 2007-01-18 | Submission of motion to state a constitutional question, CJ | |
| 2007-01-16 | Correspondence received from, Michel Doucet dated Jan. 16/07 re: confirms the agreement between the appellants and the respondent (on Const. Questions) | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2007-01-15 | Correspondence received from, Alain Préfontaine dated Jan. 15/07 with 2 proposed Constitutional Questions | Her Majesty the Queen |
| 2006-12-22 | Motion to state a constitutional question, Completed on: 2006-12-22 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2006-12-22 | Notice of appeal, Completed on: 2006-12-22 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2006-12-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-11-24 | Judgment on leave sent to the parties | |
| 2006-11-23 |
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-527-05, 2006 FCA 196, dated May 25, 2006, 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 |
|
| 2006-10-23 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-10-02 | Applicant's reply to respondent's argument, Completed on: 2006-10-02 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
| 2006-09-22 | Book of authorities | Her Majesty the Queen |
| 2006-09-22 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-22 | Her Majesty the Queen |
| 2006-08-24 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-08-23 | Application for leave to appeal, Vol I to IV (C/A order missing - rec'd Sept. 7/06), Completed on: 2006-09-07 | Société des acadiens et acadiennes du Nouveau-Brunswick Inc. |
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 |
|---|---|---|
| Société des acadiens et acadiennes du Nouveau-Brunswick Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Paulin, Marie-Claire | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of New Brunswick | Intervener | Active |
| Commissioner of Official Languages of Canada | Intervener | Active |
Counsel
Party: Société des acadiens et acadiennes du Nouveau-Brunswick Inc.
Counsel
Mark C. Power
Faculté de droit
Pavillon A.-J.-CORMIER
Moncton, New Brunswick
E1A 3E9
Telephone: (506) 863-2136
FAX: (506) 858-4534
Email: doudroit@nbnet.nb.ca
Agent
55, rue Metcalfe
Bureau 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1327
FAX: (866) 297-9748
Email: slorquet@heenan.ca
Party: Paulin, Marie-Claire
Counsel
Michel Doucet
Bureau 2600, Royal Bank Plaza
200, rue Bay, Tour Sud
Toronto, Ontario
M5J 2J4
Telephone: (416) 360-6336 Ext: 2192
FAX: (866) 296-8395
Email: mpower@heenan.ca
Agent
55, rue Metcalfe
Bureau 300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1327
FAX: (866) 297-9748
Email: slorquet@heenan.ca
Party: Her Majesty the Queen
Counsel
René LeBlanc
Department of Justice
1109 - 234, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-3815
FAX: (613) 954-1920
Email: Alain.Prefontaine@justice.x400.gc.ca
Agent
234, rue Wellington
Pièce 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of New Brunswick
Counsel
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
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: Commissioner of Official Languages of Canada
Counsel
Christine Ruest
Johane Tremblay
344, rue Slater
3e étage
Ottawa, Ontario
K1A 0T8
Telephone: (613) 995-0547
FAX: (613) 996-9671
Email: francois.boileau@ocol-clo.gc.ca
Summary
Keywords
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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.
Canadian Charter – Language rights – Police services provided by RCMP in New Brunswick pursuant to intergovernmental agreement – Whether Court of Appeal erred with respect to RCMP’s language obligations – Whether Court of Appeal erred in finding that it was Court of Queen’s Bench that had jurisdiction to hear case.
Under an agreement between the province of New Brunswick and the Royal Canadian Mounted Police (RCMP), the RCMP acts as the provincial police force in New Brunswick. Ms. Paulin and the Société des acadiens et acadiennes du Nouveau-Brunswick inc. filed applications in the Federal Court under s. 24 of the Canadian Charter seeking clarification of the RCMP’s obligations when its members provide police services under the agreement.
Ms. Paulin, a citizen of New Brunswick, was stopped for speeding in 2000 by an RCMP officer who was unable to speak to her in French and made no active offer to do so, although he did issue the ticket in French. Ms. Paulin paid the fine. The Société des acadiens was concerned with a report recommending to the RCMP’s Atlantic Region Steering Committee that the RCMP’s obligations in the area of oral communications be reduced in that region. That report, known as the “Wilson” Report, had been commissioned by the Committee after the RCMP’s four Atlantic divisions were combined in the mid-1990s. The Société des acadiens submitted that any review of positions at RCMP offices in New Brunswick, and particularly the language requirements at those offices, had to have regard to ss. 16.1, 16(2) and 20(2) of the Canadian Charter.
The Federal Court held that s. 20(2) of the Charter applied to the police services provided by the RCMP in New Brunswick. The Federal Court of Appeal reversed the judgment, finding that the province was responsible for discharging the applicable language obligations and that the proceedings should have been brought against the province rather than the RCMP, its agent under the agreement, and in the New Brunswick Court of Queen’s Bench.
Lower court rulings
Federal Court of Canada, Trial Division
T-1996-01, 2005 CF 1172
Actions des demanderesses accueillies en partie
Federal Court of Appeal
A-527-05, 2006 CAF 196
Appel de l'intimée accueilli
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
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