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.
34521
Brian Gibb, et al. v. Attorney General of Quebec, et al.
(Quebec) (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) |
|---|---|---|
| 2012-05-08 | Close file on Leave | |
| 2012-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-27 | Judgment on leave sent to the parties | |
| 2012-04-26 |
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 Quebec (Montréal), Number 500-09-019528-090, 2011 QCCA 1634, dated September 13, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2012-03-12 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-12-15 | Applicant's reply to respondent's argument, Completed on: 2011-12-15 | Brian Gibb |
| 2011-12-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2011-12-12 | Chief Electoral Officer |
| 2011-12-09 | Respondent's response on the application for leave to appeal, (3 volumes), Completed on: 2011-12-09 | Attorney General of Quebec |
| 2011-11-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-11-10 | Application for leave to appeal, 2 volumes filed (service missing, rec'd Nov 15, 2011 by email), Completed on: 2011-11-15 | Brian Gibb |
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 |
|---|---|---|
| Gibb, Brian | Applicant | Active |
| Soucy, François | Applicant | Active |
| Véronneau, Pierre | Applicant | Active |
| Daoust, Patrick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
| Chief Electoral Officer | Respondent | Active |
Counsel
Party: Gibb, Brian
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
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: Soucy, François
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
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: Véronneau, Pierre
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
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: Daoust, Patrick
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
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: Attorney General of Quebec
Counsel
Manon Des ormeaux
Jean-Vincent Lacroix
c/o Bernard Roy & Associés
1 rue Notre-Dame est, Bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: edufour@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Chief Electoral Officer
Counsel
Édifice René-Lévesque
3460, rue de La Pérade, 2e étage
Québec, Quebec
G1X 3Y5
Telephone: (418) 644-9417
FAX: (418) 646-6105
Email: lfiset@dgeq.qc.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 – Canadian Charter – Effective representation – Right to equality – Charter of human rights and freedoms – Discrimination – Right to vote – Whether choice of voting system is political question within legislature’s exclusive jurisdiction – Whether Quebec’s Election Act infringes right to vote or right to equality under Canadian Charter and Charter of human rights and freedoms – Whether infringement justified under s. 1 of Canadian Charter – Canadian Charter of Rights and Freedoms, ss. 3, 15 – Charter of human rights and freedoms, R.S.Q., c. C 12, ss. 10 and 22 – Election Act, R.S.Q., c. E 3.3, ss. 14, 15, 16, 17, 375, 377.
The applicants, Brian Gibb, François Soucy, Pierre Véronneau and Patrick Daoust, are members of the Association for the Advancement of Democratic Rights. They advocate reforming the first past the post voting system in favour of a voting system that, in their view, would promote the fairer representation of all political parties in the National Assembly. They are asking this Court to declare the sections of Quebec’s Election Act that impose a first past the post voting system inoperative on the ground of constitutional invalidity because, they argue, that system violates ss. 3 and 15 of the Canadian Charter and ss. 10 and 22 of the Charter of human rights and freedoms.
Lower court rulings
Superior Court of Quebec
2009 QCCS 1699, 500-17-019810-046
Motion for declaratory judgment dismissed
Court of Appeal of Quebec (Montréal)
2011 QCCA 1634, 500-09-019528-090
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
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