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.
40076
Alberta Union of Provincial Employees, et al. v. Her Majesty the Queen in Right of Alberta
(Alberta) (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) |
|---|---|---|
| 2024-01-26 | Close file on Leave | |
| 2022-08-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-08-04 | Judgment on leave sent to the parties | |
| 2022-08-04 |
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 Alberta (Edmonton), Number 2103-0148AC, 2021 ABCA 416, dated December 14, 2021 is dismissed. Dismissed |
|
| 2022-07-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-06-07, (Printed version filed on 2022-05-09) | Alberta Union of Provincial Employees |
| 2022-04-29 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-05-06) | Her Majesty the Queen in Right of Alberta |
| 2022-04-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-07, (Printed version filed on 2022-04-29) | Her Majesty the Queen in Right of Alberta |
| 2022-04-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-04-01 | |
| 2022-02-11 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-02-11) | Alberta Union of Provincial Employees |
| 2022-02-11 | Notice of name, (Letter Form), (Printed version filed on 2022-02-11) | Alberta Union of Provincial Employees |
| 2022-02-11 |
Application for leave to appeal, (Book Form), Amended Notice of Application rec'd 2022-04-01 Amended Application rec'd 2022-04-01, Completed on: 2022-02-11, (Printed version filed on 2022-02-11) |
Alberta Union of Provincial Employees |
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 |
|---|---|---|
| Alberta Union of Provincial Employees | Applicant | Active |
| Smith, Guy | Applicant | Active |
| Slade, Susan | Applicant | Active |
| Weiers, Karen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Alberta | Respondent | Active |
Counsel
Party: Alberta Union of Provincial Employees
Counsel
Holly McEwan
10020 - 82 Avenue NW
Edmonton, Alberta
T6E 1Z3
Telephone: (780) 439-3232
FAX: (780) 439-3032
Email: pat@nugentlawoffice.ca
Agent
270 Albert St. Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Smith, Guy
Counsel
Holly McEwan
10020 - 82 Avenue NW
Edmonton, Alberta
T6E 1Z3
Telephone: (780) 439-3232
FAX: (780) 439-3032
Email: pat@nugentlawoffice.ca
Agent
270 Albert St. Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Slade, Susan
Counsel
Holly McEwan
10020 - 82 Avenue NW
Edmonton, Alberta
T6E 1Z3
Telephone: (780) 439-3232
FAX: (780) 439-3032
Email: pat@nugentlawoffice.ca
Agent
270 Albert St. Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Weiers, Karen
Counsel
Holly McEwan
10020 - 82 Avenue NW
Edmonton, Alberta
T6E 1Z3
Telephone: (780) 439-3232
FAX: (780) 439-3032
Email: pat@nugentlawoffice.ca
Agent
270 Albert St. Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty the Queen in Right of Alberta
Counsel
Leah M McDaniel
Constitutional and Aboriginal Law Team
1000, 10025 -102A Avenue
Edmonton, Alberta
T5J 2Z2
Telephone: (780) 427-4418
FAX: (780) 643-0852
Email: david.kamal@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Civil procedure — Parties — Standing — Public interest standing — Appeals — Powers of Court of Appeal — How should standing be assessed on an application to strike a claim — What limitations are on litigants bringing constitutional challenges based on reasonable hypothetical applications of impugned legislation — Are these limitations identical to those on litigants alleging legislation creates a chilling effect on Charter-protected activities due to the potential for an offender to be charged under the law — Does the lack of a fully developed factual setting automatically preclude a court from granting public interest standing — What limitations are on an appellate court respecting raising a new ground of appeal?
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 Alberta Union of Public Employees and some of its officers filed a statement of claim challenging the constitutionality of Alberta’s Critical Infrastructure Defence Act, SA 2020, c. C-32.7. The Crown applied to have the claim struck on the basis it is an abuse of process because the union and its officers do not have standing to bring the claim and the pleadings do not disclose a reasonable claim. A chambers judge dismissed the application. The Court of Appeal allowed an appeal and struck the claim.
Lower court rulings
Court of Queen’s Bench of Alberta
2003 10486, 2021 ABQB 371
Application to strike claim dismissed
Court of Appeal of Alberta (Edmonton)
2021 ABCA 416, 2103-0148AC
Appeal allowed, claim struck
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
Not available
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