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.
35399
Attorney General of Canada v. Federation of Law Societies of Canada
(British Columbia) (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) |
|---|---|---|
| 2015-05-14 | Appeal closed | |
| 2015-05-14 | Order on motion to vary pronouncement / order, (by JUSTICE CROMWELL) | |
| 2015-05-14 |
Decision on motion to vary pronouncement / order, Cro, UPON APPLICATION by the respondent for an order to amend the judgment rendered by this Court on February 13, 2015, in the above mentioned appeal; AND UPON THE CONSENT of the appellant; IT IS HEREBY ORDERED THAT: The motion is dismissed. An amendment to the constitutional questions that were stated is not appropriate after the hearing of the appeal. Stated constitutional questions are intended to provide notice only and an order stating constitutional questions does not oblige the Court to answer the questions in the form stated or at all. It is unnecessary to amend the reasons for judgment. Section 33.5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, was in issue as a result of the application judge’s amended order and its constitutionality was properly before the Court. Section 33.5 was the subject of submissions by the parties. The judgment of the Court and the reasons affirm the application judge’s decision to sever and strike down s. 33.5. It is the judgment of the Court and the reasons for judgment that determine the scope of the issues decided by the Court. Dismissed |
|
| 2015-05-14 | Submission of motion to vary pronouncement / order, Cro | |
| 2015-04-20 | Response to motion to vary pronouncement / order, (Letter Form), Completed on: 2015-04-20 | Attorney General of Canada |
| 2015-04-16 | Motion to vary pronouncement / order, (Book Form), (Sent to a judge on April 29, 2015), Completed on: 2015-04-16, (Electronic version filed on 2015-04-13) | Federation of Law Societies of Canada |
| 2015-02-24 | Correspondence received from, counsel for the respondent requesting an amendment to the judgment on appeal. | Federation of Law Societies of Canada |
| 2015-02-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-02-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-02-13 |
Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039434, 2013 BCCA 147, dated April 4, 2013, heard on May 13, 2014, is allowed in part with costs of the appeal and the proceedings below to the Federation of Law Societies of Canada. That part of the application judge’s order declaring that ss. 5(i) and 5(j) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, are inconsistent with the Constitution of Canada and are of no force and effect to the extent that the reference in those subsections to “persons and entities” includes legal counsel and law firms is set aside. The words ss. 5(i) and (j) are struck from that part of the application judge’s order declaring that ss. 5(i), (j), 62, 63, 63.1 of the Act are read down to exclude legal counsel and law firms from the operation of those sections. The appeal is otherwise dismissed. The constitutional questions are answered as follows: 1. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: With respect to ss. 62, 63, 63.1 and 64 of the Act, it is not necessary to answer this question given the answer to question 5. With respect to ss. 5(i) and 5(j) of the Act, the answer is no. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is not necessary to answer this question. 3. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: With respect to s. 11.1 of the Regulations, to the extent that it applies to legal counsel and legal firms, the answer is yes. With respect to ss. 33.3, 33.4 and 59.4 of the Regulations, the answer is yes. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: No. 5. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 8 of the Canadian Charter of Rights and Freedoms? Answer: To the extent that ss. 62, 63 and 63.1 of the Act apply to documents in the possession of legal counsel and legal firms, the answer is yes. With respect to s. 64, the answer is yes. With respect to ss. 5(i) and 5(j) the answer is no. 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: No. 7. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms? Answer: No. 8. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is not necessary to answer this question. Allowed in part, with costs |
|
| 2015-02-11 | Correspondence received from, (Letter Form), will not participate | Criminal Lawyers' Association (Ontario) |
| 2015-02-11 | Correspondence received from, (Letter Form), Tamra L. Thomson and Fred Headon will participate | Canadian Bar Association |
| 2015-02-10 | Correspondence received from, (Letter Form), Chris Rupar and Jan Brongers will participate | Attorney General of Canada |
| 2014-08-25 | Media lock-up request accepted | |
| 2014-08-22 | Media lock-up consent form received from | Federation of Law Societies of Canada |
| 2014-08-18 | Media lock-up consent form received from, (Letter Form), Consent | Criminal Lawyers' Association (Ontario) |
| 2014-08-18 | Media lock-up consent form received from, Appellant, AG of Canada | Attorney General of Canada |
| 2014-08-15 | Media lock-up consent form received from, (Letter Form), Consent | Advocates' Society |
| 2014-08-07 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2014-06-13 | Media lock-up requested or proposed | |
| 2014-05-27 | Transcript received, (144 pages) | |
| 2014-05-13 | Judgment reserved OR rendered with reasons to follow | |
| 2014-05-13 |
Hearing of the appeal, 2014-05-13, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
|
| 2014-05-13 | Intervener's condensed book, (Book Form), (14 copies) distributed at the hearing | Canadian Bar Association |
| 2014-05-13 | Respondent's condensed book, (Book Form), (14 copies) distributed at the hearing | Federation of Law Societies of Canada |
| 2014-05-13 | Appellant's condensed book, (Book Form), (14 copies) distributed at the hearing | Attorney General of Canada |
| 2014-05-08 | Correspondence received from, One reserved seat | Advocates' Society |
| 2014-05-02 | Notice of appearance, Leonard T. Doust and Michael A. Feder will be appearing at the hearing. | Law Society of British Columbia |
| 2014-05-02 | Notice of appearance, Michal Fairburn and Justin Safayeni will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2014-05-02 | Notice of appearance, Mr. Paul Stern and Mr. Robert A. Centa will be present at the hearing. | Advocates' Society |
| 2014-05-01 |
Order by, Wa, FURTHER TO THE ORDER dated April 2, 2014, granting leave to intervene to the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the Law Society of British Columbia, the Canadian Bar Association, the Advocates’ Society, the Barreau du Québec and the Chambre des notaires du Québec; IT IS HEREBY FURTHER ORDERED THAT the said six interveners or groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version due on 2014-05-07) | Advocates' Society |
| 2014-04-30 | Intervener's factum, (Book Form), service & CD to come - Rec'd 05-08-2014, Completed on: 2014-05-08, (Electronic version filed on 2014-05-08) | Advocates' Society |
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-05-05) | Barreau du Québec |
| 2014-04-30 | Intervener's factum, (Book Form), CD to come - rec'd 05-05-2014, Completed on: 2014-05-05, (Electronic version filed on 2014-05-05) | Barreau du Québec |
| 2014-04-30 | Notice of appearance, Raymond Doray and Loïc Berdnikoff will be present at the hearing. | Barreau du Québec |
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-04-30) | Canadian Civil Liberties Association |
| 2014-04-30 | Intervener's factum, (Book Form), Completed on: 2014-04-30, (Electronic version filed on 2014-04-30) | Canadian Civil Liberties Association |
| 2014-04-30 | Notice of appearance, Craig Ferris and Laura Bevan will be present at the hearing | Canadian Bar Association |
| 2014-04-30 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-30, (Electronic version due on 2014-05-07) | Canadian Bar Association |
| 2014-04-30 | Intervener's factum, (Book Form), Completed on: 2014-04-30, (Electronic version due on 2014-05-07) | Canadian Bar Association |
| 2014-04-30 |
Notice of appearance, (Letter Form), Mahmud Jamal, David Rankin and Pierre-Alexandre Henri to be present at the hearing. |
Canadian Civil Liberties Association |
| 2014-04-29 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-29, (Electronic version filed on 2014-04-29) | Law Society of British Columbia |
| 2014-04-29 | Intervener's factum, (Book Form), Completed on: 2014-04-29, (Electronic version filed on 2014-04-29) | Law Society of British Columbia |
| 2014-04-29 | Appeal perfected for hearing | |
| 2014-04-28 | Intervener's book of authorities, (Book Form), pages were added to the Book of Authorities - updated CD rec'd 04-29-2014, Completed on: 2014-04-28 | Criminal Lawyers' Association (Ontario) |
| 2014-04-28 | Intervener's factum, (Book Form), Completed on: 2014-04-28, (Electronic version filed on 2014-04-28) | Criminal Lawyers' Association (Ontario) |
| 2014-04-28 | Notice of appearance, Mr. Christopher Rupar and Jan Brongers will both appear and both make oral submissions to the Court. | Attorney General of Canada |
| 2014-04-24 | Respondent's book of authorities, (Book Form), 4 volumes, Completed on: 2014-04-24, (Electronic version filed on 2014-04-28) | Federation of Law Societies of Canada |
| 2014-04-24 | Respondent's factum, (Book Form), service on Interveners to come and CD - rec'd 04-28-2014 (all parties were originally served electronically on April 24th) , Completed on: 2014-04-28, (Electronic version filed on 2014-04-28) | Federation of Law Societies of Canada |
| 2014-04-24 | Notice of appearance, (Letter Form), Mr. John J.L. Hunter, Q.C. and Mr. Roy W. Millen will be present and making oral arguments at the hearing. | Federation of Law Societies of Canada |
| 2014-04-24 | Correspondence received from, (Letter Form), Appellant, Request for 3 reserved seats | Attorney General of Canada |
| 2014-04-22 | Notice of withdrawal | Attorney General of British Columbia |
| 2014-04-02 | Order on motion for leave to intervene, (by WAGNER J.) | |
| 2014-04-02 | Order on motion to extend time, (see order on motions for leave to intervene) (by WAGNER J.) | |
| 2014-04-02 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the Law Society of British Columbia, the Canadian Bar Association, the Advocates’ Society and the Barreau du Québec and Chambre des notaires du Québec for leave to intervene in the above appeal; AND UPON APPLICATION by the Attorney General of Canada for an extension of time to serve and file a response to the motions for leave to intervene to March 28, 2014 and for an extension of time to serve and file any reply to the response to April 1, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the Law Society of British Columbia, the Canadian Bar Association, the Advocates’ Society and the Barreau du Québec and Chambre des notaires du Québec are granted and the said six interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 30, 2014. The motion for extensions of time filed by the Attorney General of Canada is granted. 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 are not 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2014-04-02 |
Decision on motion to extend time, (see order on motions for leave to intervene), Wa Granted |
|
| 2014-04-02 | Submission of motion for leave to intervene, Wa | |
| 2014-04-02 | Submission of motion to extend time, Wa | |
| 2014-04-02 | Reply to the motion for leave to intervene, Completed on: 2014-04-02, (Electronic version filed on 2014-04-02) | Advocates' Society |
| 2014-03-31 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-03-31, (Printed version filed on 2014-03-31) | Canadian Civil Liberties Association |
| 2014-03-31 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | Criminal Lawyers' Association (Ontario) |
| 2014-03-28 | Response to motion to extend time, of the AGC, Completed on: 2014-03-28 | Federation of Law Societies of Canada |
| 2014-03-28 | Response to the motion for leave to intervene, (Letter Form), of all interveners, Completed on: 2014-03-28, (Electronic version filed on 2014-03-28) | Federation of Law Societies of Canada |
| 2014-03-28 | Motion to extend time, (Book Form), to serve and file Response to motions to intervene to March 28, 2014 and Reply to Response to April 01, 2014, Completed on: 2014-03-28, (Printed version filed on 2014-03-28) | Attorney General of Canada |
| 2014-03-28 | Response to the motion for leave to intervene, (Book Form), Completed on: 2014-03-28, (Printed version filed on 2014-03-28) | Attorney General of Canada |
| 2014-03-27 | Correspondence received from, (Letter Form), Christohper Rupar, re.: Will be filing a Response to Motions to Intervene and Motion to ext time to file Response and Reply. | Attorney General of Canada |
| 2014-03-21 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-24, (Electronic version filed on 2014-03-25) | Advocates' Society |
| 2014-03-21 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-21, (Electronic version filed on 2014-03-21) | Canadian Bar Association |
| 2014-03-20 | Intervener's book of authorities, (Book Form), 2 volumes - BOA on Motion , Completed on: 2014-03-20, (Printed version filed on 2014-03-20) | Barreau du Québec |
| 2014-03-20 | Motion for leave to intervene, (Book Form), 6 volumes, Completed on: 2014-03-20, (Printed version filed on 2014-03-20) | Barreau du Québec |
| 2014-03-20 | Motion for leave to intervene, Completed on: 2014-03-20, (Printed version filed on 2014-03-20) | Law Society of British Columbia |
| 2014-03-20 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-20, (Electronic version filed on 2014-03-21) | Canadian Civil Liberties Association |
| 2014-03-19 | Motion for leave to intervene, (Book Form), Completed on: 2014-03-19, (Electronic version filed on 2014-03-19) | Criminal Lawyers' Association (Ontario) |
| 2014-03-18 | Notice of hearing sent to parties | |
| 2014-03-04 |
Appeal hearing scheduled, 2014-05-13 Judgment reserved |
|
| 2014-02-27 | Certificate of counsel (attesting to record), (Letter Form) | Attorney General of Canada |
| 2014-02-27 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2014-02-27 | Appellant's book of authorities, (Book Form), Completed on: 2014-02-27 | Attorney General of Canada |
| 2014-02-27 | Appellant's record, (Book Form), 65 volumes (2 copies of each volume except volume 1 has 21 copies), Completed on: 2014-02-27 | Attorney General of Canada |
| 2014-02-27 | Appellant's factum, (Book Form), Completed on: 2014-02-27 | Attorney General of Canada |
| 2014-02-26 | Order on motion to dispense with printing, (by THE DEPUTY REGISTRAR) | |
| 2014-02-26 |
Decision on motion to dispense with printing, DeRg, UPON APPLICATION by the appellant for an order reducing the number of copies of Part III of the appellant’s record to be filed with this Court from eleven to two; AND UPON THE CONSENT of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-02-26 | Submission of motion to dispense with printing, DeRg | |
| 2014-02-13 | Response to motion to dispense with printing, (Letter Form), Completed on: 2014-02-13, (Electronic version filed on 2014-02-13) | Federation of Law Societies of Canada |
| 2014-02-12 | Motion to dispense with printing, (Letter Form), of part III of the Appellant's Record from 11 copies to 2 copies - Fees and service rec'd 2014-02-24, Completed on: 2014-02-24, (Electronic version filed on 2014-02-12) | Attorney General of Canada |
| 2014-01-21 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2013-12-09 | Notice of constitutional question(s), (Book Form), served on all Attorneys General on December 6, 2013 | Federation of Law Societies of Canada |
| 2013-12-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-12-02 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2013-12-02 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the respondent for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Do ss. 5(i), 5(j), 62, 63, 63.1 or 64 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, infringe s. 8 of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 7. Do ss. 11.1, 33.3, 33.4 or 59.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, infringe s. 8 of the Canadian Charter of Rights and Freedoms? 8. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before February 28, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 21, 2014. 3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 26, 2014. 4. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before March 28, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed no later than eight (8) weeks after the service of the appellant’s materials. 6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 29, 2014. Granted |
|
| 2013-12-02 | Submission of motion to state a constitutional question, CJ | |
| 2013-11-08 | Notice of appeal, Completed on: 2013-11-08 | Attorney General of Canada |
| 2013-11-08 | Response to the motion to state a constitutional question, (included in the motion), Completed on: 2013-11-08 | Attorney General of Canada |
| 2013-11-08 | Motion to state a constitutional question, (Book Form), Completed on: 2013-11-08 | Federation of Law Societies of Canada |
| 2013-10-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-10-11 | Judgment on leave sent to the parties | |
| 2013-10-10 |
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 for British Columbia (Vancouver), Number CA039434, 2013 BCCA 147, dated April 4, 2013, is granted without costs. Granted, without costs |
|
| 2013-09-09 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-07-30 | Respondent's response on the application for leave to appeal, Completed on: 2013-07-30 | Federation of Law Societies of Canada |
| 2013-06-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-05-31 | Application for leave to appeal, Completed on: 2013-05-31 | Attorney General of 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 |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Federation of Law Societies of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Law Society of British Columbia | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Advocates' Society | Intervener | Active |
| Barreau du Québec | Intervener | Active |
| Chambre des notaires du Québec | Intervener | Active |
Counsel
Party: Attorney General of Canada
Counsel
Christopher M. Rupar
Jan Brongers
BJ Wray
Jan Brongers
BJ Wray
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Federation of Law Societies of Canada
Counsel
John J. L. Hunter, Q.C.
Roy W. Millen
Roy W. Millen
Hunter Litigation Chambers Law Corporation
2100 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2401
FAX: (604) 647-4554
Email: jhunter@litigationchambers.com
2100 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2401
FAX: (604) 647-4554
Email: jhunter@litigationchambers.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Michal Fairburn
Justin Safayeni
Justin Safayeni
Stockwoods LLP
77 King Street West
Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-2488
FAX: (416) 593-9345
Email: michalf@stockwoods.ca
77 King Street West
Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-2488
FAX: (416) 593-9345
Email: michalf@stockwoods.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Canadian Civil Liberties Association
Counsel
Mahmud Jamal
W. David Rankin
Pierre-Alexandre Henri
W. David Rankin
Pierre-Alexandre Henri
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Law Society of British Columbia
Counsel
Leonard T. Doust, Q.C.
Michael A. Feder
Michael A. Feder
McCarthy Tétrault LLP
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7903
FAX: (604) 643-7900
Email: ldoust@mccarthy.ca
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7903
FAX: (604) 643-7900
Email: ldoust@mccarthy.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Canadian Bar Association
Counsel
Craig A.B. Ferris
Laura L. Bevan
Laura L. Bevan
Lawson Lundell LLP
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9197
FAX: (604) 669-1620
Email: cferris@lawsonlundell.com
1600 - 925 West Georgia Street
Vancouver, British Columbia
V6C 3L2
Telephone: (604) 631-9197
FAX: (604) 669-1620
Email: cferris@lawsonlundell.com
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Advocates' Society
Counsel
Paul D. Stern
Stern Landesman Clark LLP
Suite 1724
390 Bay Street
Toronto, Ontario
M5H 2Y2
Telephone: (416) 869-3422
FAX: (416) 869-3449
Email: pstern@sternlaw.ca
Suite 1724
390 Bay Street
Toronto, Ontario
M5H 2Y2
Telephone: (416) 869-3422
FAX: (416) 869-3449
Email: pstern@sternlaw.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Barreau du Québec
Counsel
Raymond Doray
Loïc Berdnikoff
Loïc Berdnikoff
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
Paul K. Lepsoe
Lavery Montreal
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783
Party: Chambre des notaires du Québec
Counsel
Raymond Doray
Loic Berdnikoff
Loic Berdnikoff
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
Paul K. Lepsoe
Lavery Montreal
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783
1810-360 Albert Street
Ottawa, Ontario
K1R 7X7
Telephone: (613) 233-2679
FAX: (613) 594-8783
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.
Charter of Rights and Freedoms - Constitutional Law - Fundamental justice - Right to life, liberty and security of the person - Search and seizure - Whether it is constitutionally permissible to impose obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, and its related Regulations on lawyers, notaries and law firms - Whether the Act and Regulations breach ss. 7 or 8 of the Charter in a manner that fails to conform to principles of fundamental justice - Proceeds of Crime (Money Laundering) and Terrorist Financing Act, ss. 5(i), 5(j), 62, 63, 63.1 or 64 - Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations, SOR/2002-184, ss. 11.1, 33.3, 33.4 or 59.4
Pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its Regulations, specified business and persons including lawyers and law firms must identify, record and monitor financial transactions. The Financial Transactions and Reports Analysis Centre of Canada uses this information to detect and prevent money laundering and financing of terrorism. The Act authorizes FINTRAC to search lawyers’ offices and computers and to reproduce records, without warrants. In specific circumstances, it may disclose information obtained in a compliance audit to law enforcement agencies and supervisory bodies. Lawyers and law firms are exempt from reporting requirements that apply to other professionals and financial businesses. The Act also prevents disclosure of solicitor-client privileged information and it provides a process to deal with claims of solicitor-client privilege. The Federation of Law Societies of Canada commenced a constitutional challenge to the Act and its Regulations.
Lower court rulings
September 27, 2011
Supreme Court of British Columbia
L013117, 2011 BCSC 1270
Supreme Court of British Columbia
L013117, 2011 BCSC 1270
Provisions of the Proceeds of Crime (Money Laundering) Act and Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations declared unconstitutional and of no force and effect to the extent that “persons and entities” includes legal counsel and law firms; Sections of the Act and Regulations read down or severed and struck down
April 4, 2013
Court of Appeal for British Columbia (Vancouver)
CA039434, 2013 BCCA 147
Court of Appeal for British Columbia (Vancouver)
CA039434, 2013 BCCA 147
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Date modified: 2025-05-13