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.
32823
Law Society of Upper Canada v. Minister of Citizenship and Immigration, 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) |
|---|---|---|
| 2009-07-07 | Close file on Leave | |
| 2009-06-29 | Certificate of taxation issued to, H.S. Brown | |
| 2009-06-16 | Decision on the bill of costs, in the amount of $1,144.64, Reg | |
| 2009-06-15 | Submission of the bill of costs, Reg | |
| 2009-05-29 | Certificate of taxation issued to, Christopher Rupar (for Min. Citizenship & Immigration) | |
| 2009-05-25 | Decision on the bill of costs, in the amount of $1,219.20, Reg | |
| 2009-05-22 | Submission of the bill of costs, (filed April 21/09), Reg | |
| 2009-05-20 | Bill of costs, Completed on: 2009-07-07 | Canadian Society of Immigration Consultants |
| 2009-04-21 | Bill of costs, Completed on: 2009-04-21 | Minister of Citizenship and Immigration |
| 2008-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-12-12 | Judgment on leave sent to the parties | |
| 2008-12-11 |
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-57-07, 2008 FCA 243, dated July 18, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-11-10 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2008-11-03 | Applicant's reply to respondent's argument, Completed on: 2008-11-03 | Law Society of Upper Canada |
| 2008-10-24 | Book of authorities | Canadian Society of Immigration Consultants |
| 2008-10-24 | Respondent's response on the application for leave to appeal, Completed on: 2008-10-24 | Canadian Society of Immigration Consultants |
| 2008-10-23 | Respondent's response on the application for leave to appeal, Completed on: 2008-10-23 | Minister of Citizenship and Immigration |
| 2008-10-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-09-25 | Book of authorities | Law Society of Upper Canada |
| 2008-09-25 | Application for leave to appeal, Completed on: 2008-09-25 | Law Society of Upper Canada |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Law Society of Upper Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
| Canadian Society of Immigration Consultants | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Law Society of Upper Canada
Counsel
1600 - 130 King Street West
P.O. Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Email: bfinlay@weirfoulds.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Minister of Citizenship and Immigration
Counsel
Jennifer Dagsvik
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (647) 248-0497
FAX: (416) 954-8982
Email: marianne.zoric@justice.gc.ca
Agent
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: Canadian Society of Immigration Consultants
Counsel
Benjamin Na
Suite 1600, First Canadian Place
100 King Street West
Toronto, Ontario
M5X 1G5
Telephone: (416) 369-6693
FAX: (416) 862-7661
Email: john.callaghan@gowlingwlg.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
Jennifer Dagsvik
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (647) 248-0497
FAX: (416) 954-8982
Email: marianne.zoric@justice.gc.ca
Agent
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
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.
Constitutional law - Validity of regulations - Independence of the bar - Whether the independence of the bar is an unwritten constitutional principle - Whether the principle of the independence of the bar applies to non-lawyers who practice law - Whether the Regulations Amending the Immigration and Refugee Protection Regulations are contrary to the unwritten constitutional principle of the independence of the bar, therefore, unconstitutional - In the alternative, whether the Regulations create a delegation that is not statutorily authorized and are, therefore, ultra vires - Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2004-59.
In October 2002, the Minister of Citizenship and Immigration (“Minister”) appointed an external advisory committee to identify concerns and provide recommendations on the regulation of immigration consultants. The committee made various recommendations, including enacting regulations under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), and incorporating a non-share capital corporation with the object of regulating immigration consultants. The Minister adopted the recommendations of the committee. Pursuant to the recommendation regarding a non-share capital corporation, the Canadian Society of Immigration Consultants (“CSIC”) was created under Part II of the Canada Corporations Act, 1970, c. C-32 . In April 2004, the Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2004-59 (“Regulations”), came into force. The Applicant, the Law Society of Upper Canada (“LSUC”), brought an application seeking a declaration that the Regulations were ultra vires. The Federal Court dismissed the application. LSUC’s appeal to the Federal Court of Appeal was unanimously dismissed on the basis that the Regulations did not violate the Constitution, did not jeopardize solicitor-client privilege and did not exceed the legislative powers of the Governor-in-Council provided for by s. 91 of the IRPA.
Lower court rulings
Federal Court of Canada, Trial Division
IMM-63-05, 2006 FC 1489
Further judgment on January 15, 2007. See file / Voir dossier.
Federal Court of Appeal
A-57-07, 2008 FCA 243
Appeal dismissed. Varied on September 10, 2008.
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