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.
34085
Canadian Generic Pharmaceutical Association v. Attorney General of Canada, 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) |
|---|---|---|
| 2011-07-18 | Close file on Leave | |
| 2011-07-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-15 | Judgment on leave sent to the parties | |
| 2011-07-14 |
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-360-09, 2010 FCA 334, dated December 9, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2011-06-06 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-03-21 | Applicant's reply to respondent's argument, Completed on: 2011-03-21 | Canadian Generic Pharmaceutical Association |
| 2011-03-09 | Book of authorities | Canada`s Research-Based Pharmaceutical Companies |
| 2011-03-09 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-09 | Canada`s Research-Based Pharmaceutical Companies |
| 2011-03-09 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-09 | Attorney General of Canada |
| 2011-02-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-02-07 | Book of authorities, (2 volumes) | Canadian Generic Pharmaceutical Association |
| 2011-02-07 | Application for leave to appeal, Completed on: 2011-02-07 | Canadian Generic Pharmaceutical Association |
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 |
|---|---|---|
| Canadian Generic Pharmaceutical Association | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Minister of Health | Respondent | Active |
| Canada`s Research-Based Pharmaceutical Companies | Respondent | Active |
Counsel
Party: Canadian Generic Pharmaceutical Association
Counsel
Geoff Langen
141 Adelaide Street West
Suite 1002
Toronto, Ontario
M5H 3L5
Telephone: (416) 868-1340
FAX: (416) 868-1468
Email: edhore@hazzardandhore.com
Agent
50 O'Connor Street, Suite 1625
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: mchambers@macorlaw.com
Party: Attorney General of Canada
Counsel
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca
Party: Minister of Health
Counsel
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca
Party: Canada`s Research-Based Pharmaceutical Companies
Counsel
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: adrienne.blanchard@gowlingwlg.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.
Constitutional law ? Division of powers ? Health law ? Drugs ? Federal powers under Constitution Act, 1867 ? Criminal law ? Trade and Commerce ? What is the scope of Parliament’s criminal law power in s. 91(27) of the Constitution Act, 1867 ? How should the “pith and substance’’ analysis be performed for an impugned provision within a larger scheme ? How should the “ancillary powers doctrine’’ be applied ? What is the scope of Parliament’s trade and commerce power in s. 91(2) of the Constitution Act, 1867 ? What is the scope of the Governor in Council’s (the “GIC’’) regulation making authority ? Food and Drugs Act, R.S.C. 1985, c. F 25 ? Data Protection Regulation of the Regulations Respecting Food and Drug, C.R.C., c. 870.
The applicant, the Canadian Generic Pharmaceutical Association (“CGPA”) sought a declaration in the Federal Court that s. 30(3) of the Food and Drugs Act, R.S.C. 1985, c. F 25 (“FDA”) and s. C.08.004.1 — the Data Protection Regulation (“DPR”) of the Regulations Respecting Food and Drug, C.R.C. c. 870, were ultra vires and without legal force and effect.
The Federal Court dismissed the application declaring s. 30(3) of the FDA and the DPR intra vires as a valid exercise of the federal constitutional power under the regulation of trade and commerce, as per s. 91(2) of the Constitution Act, 1867. It found the DPR was not intra vires by reason of s. 91(27), the criminal law power. The Federal Court of Appeal dismissed the appeal concluding the DPR constitutes a valid exercise of the federal criminal law under s. 91(27). They found it unnecessary to consider whether the DPR falls under the federal regulation of trade and commerce powers.
Lower court rulings
Federal Court
T-1976-06, 2009 FC 725
DPR declared to be intra vires the federal Parliament; applications for judicial review dismissed
Federal Court of Appeal
A-360-09, 2010 FCA 334
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
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