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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Beniey, Régis Applicant Active

v.

Main parties - Respondents
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
Michèle Plamondon
Sara Gauthier
Department of Justice Canada
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
Christopher Rupar
Attorney General of Canada
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

September 15, 2023
Federal Court

T-223-23

Motion to appeal Tabib A.J.’s order dismissed

February 5, 2024
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

Not available

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

Webcasts

Not available.

Date modified: 2025-03-06