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.
40998
Maya Mitalipova, et al. 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) |
|---|---|---|
| 2025-02-07 | Close file on Leave | |
| 2025-02-07 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-02-06 | Certificate of taxation issued to, Alicia Dueck-Read | |
| 2025-02-06 | Decision on the bill of costs, in the amount of $1,033.45, Reg | |
| 2025-02-06 | Submission of the bill of costs, Reg | |
| 2024-08-12 | Bill of costs, (Letter Form), UNDER REVIEW, Completed on: 2024-12-13, (Printed version due on 2024-08-19) | Attorney General of Canada |
| 2024-05-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-16 | Judgment on leave sent to the parties | |
| 2024-05-16 |
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-102-22, 2023 FCA 188, dated September 14, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-04-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-13 | Notice of change of solicitor, (Letter Form) | Maya Mitalipova |
| 2023-12-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-20) | Attorney General of Canada |
| 2023-12-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-15, (Printed version filed on 2023-12-20) | Attorney General of Canada |
| 2023-11-20 | Certificate (on limitations to public access), (Letter Form), Modified version required (Received 2024-04-03), (Printed version due on 2023-11-27) | Maya Mitalipova |
| 2023-11-20 | Notice of name, (Letter Form), (Printed version due on 2023-11-27) | Maya Mitalipova |
| 2023-11-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-11-14 |
Application for leave to appeal, (Book Form), Missing: Modified Form 23A (Rec'd 2024-04-02) Form 14 (Rec'd 2023-11-20) Filing fee (rec'd 2023-11-20) Revised argument received 2023-11-23, Completed on: 2024-04-03, (Printed version filed on 2023-11-14) |
Maya Mitalipova |
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 |
|---|---|---|
| Mitalipova, Maya | Applicant | Active |
| Canadians in Support of Refugees in Dire Need (CSRDN) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Canada (Border Services Agency) | Respondent | Active |
Counsel
Party: Mitalipova, Maya
Counsel
58 Shaftesbury Avenue
Toronto, Ontario
M4T 1A3
Telephone: (416) 953-3334
Email: jillian@siskinddoyle.com
Party: Canadians in Support of Refugees in Dire Need (CSRDN)
Counsel
58 Shaftesbury Avenue
Toronto, Ontario
M4T 1A3
Telephone: (416) 953-3334
Email: jillian@siskinddoyle.com
Party: Attorney General of Canada
Counsel
Shalene Curtis-Micallef
Alicia Dueck-Read
601-400 Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (431) 489-8641
Email: beth.tait@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canada (Border Services Agency)
Counsel
Shalene Curtis-Micallef
601-400 Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (431) 489-8641
Email: beth.tait@justice.gc.ca
Summary
Keywords
Administrative law — Judicial review — Whether the lower courts erred in their interpretation of the Customs Act and the relevant Customs Tariff item — Whether the lower courts erred in concluding that judicial review was not available — Whether the Federal Court of Appeal erred?
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 applicants requested in writing that the Canada Border Services Agency (CBSA) create a presumption prohibiting the importation of goods from Xinjiang, China, on the basis that they have been produced wholly or in part by forced labour (the Presumption). The applicants are concerned about Uyghur forced labour in Xinjiang. A CBSA official sent a responding email to the applicants describing CBSA’s views on how the relevant legislation and investigative processes work (the Email). The Email explained that the Customs Tariff does not provide authority to implement the applicants’ Presumption, which seeks to prohibit the importation of goods solely on the basis that they originate from a specific region within a country. The Federal Court dismissed the application for judicial review. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court
T-259-21
Application for judicial review dismissed
Federal Court of Appeal
2023 FCA 188, A-102-22
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