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.
38786
Bernd Walter v. Attorney General of British Columbia
(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) |
|---|---|---|
| 2019-12-19 | Close file on Leave | |
| 2019-12-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-12-13 | Judgment on leave sent to the parties | |
| 2019-12-12 |
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 CA45559, 2019 BCCA 221, dated June 17, 2019, is dismissed without costs. Dismissed, without costs |
|
| 2019-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-10-21 | Bernd Walter |
| 2019-10-10 | Notice of name | Attorney General of British Columbia |
| 2019-10-10 | Certificate (on limitations to public access), 23A - no limitations | Attorney General of British Columbia |
| 2019-10-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-10-10 | Attorney General of British Columbia |
| 2019-09-11 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 09/11/19 | |
| 2019-08-29 | Certificate (on limitations to public access), (Letter Form) | Bernd Walter |
| 2019-08-29 | Application for leave to appeal, (Book Form), Missing: CA Order (rec'd 2019-09-18), Completed on: 2019-10-27 | Bernd Walter |
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 |
|---|---|---|
| Walter, Bernd | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Walter, Bernd
Counsel
David W. Wu
1512 - 808 Nelson Street
Box 12149, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: munderhill@arvayfinlay.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Attorney General of British Columbia
Counsel
J. Alex Dutton
Katherine Webber
1001 Douglas Street, 6th Floor
PO Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-7644
FAX: (250) 356-9154
Email: gareth.morley@gov.bc.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Summary
Keywords
Charter of Rights — Constitutional law — Right to life, liberty and security of person — Judicial independence — Whether the constitutional principle of judicial independence applies to administrative tribunals — Whether the Chairperson of the British Columbia Review Board is entitled to constitutionally protected judicial independence — s. 7 of the Charter of Rights and Freedoms.
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.
The applicant is the British Columbia Review Board Chairperson. Compensation for the Chairperson is set pursuant to the provisions of the Administrative Tribunals Act, S.B.C. 2004, c. 45. The Act provides that remuneration of board members is to be set by the responsible minister in accordance with the general directive of the Treasury Board. The Chairperson’s income is set by the respondent Attorney General according to a Directive from the Treasury Board. By the time his petition was heard, the Chairperson’s income had been increased to the recommended maximum. The chambers judge found the Chairperson’s position is not protected by the constitutional principle of judicial independence and dismissed the application for judicial review. The subsequent appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
2018 BCSC 1304, S178239
Application for judicial review dismissed
Court of Appeal for British Columbia (Vancouver)
2019 BCCA 221, CA45559
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
Not available