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.
41183
Régis Beniey v. Ministre de la Sécurité publique et de la Protection civile
(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) |
|---|---|---|
| 2025-02-21 | Close file on Leave | |
| 2025-02-21 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2025-02-20 | Certificate of taxation issued to, Sara Gauthier | |
| 2025-02-20 | Decision on the bill of costs, in the amount of $1,002.70, Reg | |
| 2025-02-20 | Submission of the bill of costs, Reg | |
| 2024-09-25 | Bill of costs, (Letter Form), Completed on: 2024-10-03, (Printed version due on 2024-10-03) | Ministre de la Sécurité publique et de la Protection civile |
| 2024-08-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-29 | Judgment on leave sent to the parties | |
| 2024-08-29 |
Judgment of the Court on the application for leave to appeal, The applicant’s motion that the respondent file certain documents is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-243-23, dated February 5, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-08-29 |
Decision on the miscellaneous motion, See decision on judgment Dismissed |
|
| 2024-07-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-15 | Submission of miscellaneous motion, for consideration by the Court | |
| 2024-05-03 | Reply to miscellaneous motion, (Letter Form), Completed on: 2024-05-10, (Printed version due on 2024-05-10) | Régis Beniey |
| 2024-05-01 | Response to miscellaneous motion, (Letter Form), Completed on: 2024-05-02, (Printed version due on 2024-05-08) | Ministre de la Sécurité publique et de la Protection civile |
| 2024-04-25 |
Notice of miscellaneous motion, (Book Form), for the motion dated April 22, 2024,to be submitted to the Court before the application. Missing: - Filing fee, Completed on: 2024-07-16, (Printed version due on 2024-05-02) |
Régis Beniey |
| 2024-04-22 |
Notice of miscellaneous motion, (Book Form), for the Respondent to file document. Missing: - Filing fee, Completed on: 2024-07-16, (Printed version due on 2024-04-29) |
Régis Beniey |
| 2024-04-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-04-26) | Ministre de la Sécurité publique et de la Protection civile |
| 2024-04-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-19, (Printed version due on 2024-04-26) | Ministre de la Sécurité publique et de la Protection civile |
| 2024-03-26 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-04-04) | Régis Beniey |
| 2024-03-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-03-14 | Correspondence received from, (Letter Form), (Printed version due on 2024-03-21) | Régis Beniey |
| 2024-03-14 |
Application for leave to appeal, (Book Form), Missing: - 23A (Received March 26, 2024) - Filing fee (Received March 26, 2024), Completed on: 2024-03-28, (Printed version due on 2024-03-21) |
Régis Beniey |
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 |
|---|---|---|
| Beniey, Régis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ministre de la Sécurité publique et de la Protection civile | Respondent | Active |
Counsel
Party: Beniey, Régis
This party is not represented by counsel.
Party: Ministre de la Sécurité publique et de la Protection civile
Counsel
Sara Gauthier
284 Wellington Street
St-Andrew's Tower, Room 6067
Ottawa, Ontario
K1A 0H8
Telephone: (613) 875-0275
FAX: (613) 952-6006
Email: Michele.plamondon@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
Summary
Keywords
Civil procedure — Disclosure of material — Motion to dismiss appeal — Material in possession of tribunal — Whether Federal Court of Appeal erred in finding that application for review provided for in s. 41 of Access to Information Act, R.S.C. 1985, c. A-1, constitutes application for review for which there is no record liable to be produced under Rule 317 of Federal Courts Rules — Whether Federal Court of Appeal erred in granting motion to dismiss appeal — Federal Courts Rules, SOR/98-106, Rule 317.
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.
In the context of an application for review pursuant to s. 41 of the Access to Information Act, the Canada Border Services Agency refused to act on the request for material made by the applicant, Régis Beniey, pursuant to Rule 317 of the Federal Courts Rules. An associate judge of the Federal Court confirmed that the Agency’s objection was well founded, as did Régimbald J. on appeal, who was of the opinion that Tabib A.J. had correctly applied the principles of law and made the appropriate findings of fact.
The Federal Court of Appeal granted the motion to dismiss the appeal of the respondent, the Minister of Public Safety and Emergency Preparedness, and, in doing so, upheld Régimbald J.’s decision to deny the request for material. The Court of Appeal found that it was clear that the appeal had no reasonable chance of success and was bound to fail because Rule 317 does not apply to an application filed pursuant to s. 41.
Lower court rulings
Federal Court
T-223-23
Motion to appeal Tabib A.J.’s order dismissed
Federal Court of Appeal
A-243-23
Motion to dismiss granted; 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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