Case information
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41388
Parvkar Singh Dulai v. Minister of Public Safety and Emergency Preparedness
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-02-28 | Close file on Leave | |
| 2025-02-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-27 | Judgment on leave sent to the parties | |
| 2025-02-27 |
Judgment of the Court on the application for leave to appeal, The motion for appointment of amici curiae is dismissed. The motion to expedite is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-217-22, 2024 FCA 114, dated June 19, 2024, is dismissed. Dismissed |
|
| 2025-02-27 | Decision on the miscellaneous motion, See decision on application | |
| 2025-02-27 | Decision on motion to expedite the application for leave to appeal, See decision on application | |
| 2024-12-10 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-12-10) | Gib van Ert and Colin Baxter |
| 2024-12-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-09 | Submission of miscellaneous motion, for consideration by the Court | |
| 2024-12-09 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2024-12-09 |
Reply to miscellaneous motion, Reply to the response of the respondents Missing Form 23B, Completed on: 2024-12-09, (Printed version filed on 2024-12-10) |
Gib van Ert and Colin Baxter |
| 2024-12-06 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-12-09) | Parvkar Singh Dulai |
| 2024-12-06 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-09) | Parvkar Singh Dulai |
| 2024-12-06 | Response to miscellaneous motion, (Letter Form), Missing proof of service, Completed on: 2024-12-09, (Printed version filed on 2024-12-09) | Parvkar Singh Dulai |
| 2024-12-05 |
Certificate (on limitations to public access), 23B Need amended version indicating correct file number and style of cause (rec'd 2024-12-06) , (Printed version filed on 2024-12-05) |
Minister of Public Safety and Emergency Preparedness |
| 2024-12-05 |
Certificate (on limitations to public access), 23A Need amended version indicating correct file number and style of cause (rec'd 2024-12-06) , (Printed version filed on 2024-12-05) |
Minister of Public Safety and Emergency Preparedness |
| 2024-12-05 | Response to miscellaneous motion, to motion by Amici Curiae, Completed on: 2024-12-05, (Printed version filed on 2024-12-05) | Minister of Public Safety and Emergency Preparedness |
| 2024-11-26 | Notice of miscellaneous motion, (Book Form), SEALED - Confidential (closed) motion by Amici curiae (1 original and 10 copies, no electronic or redacted versions), Completed on: 2024-11-27 | Gib van Ert and Colin Baxter |
| 2024-10-30 | Correspondence (sent by the Court) to, Direction for Amicus Curiae | |
| 2024-10-23 | Correspondence received from, Regarding Amicus Curiae | Parvkar Singh Dulai |
| 2024-10-18 | Correspondence received from, Regarding Amicus Curiae | Minister of Public Safety and Emergency Preparedness |
| 2024-10-16 | Correspondence received from, Regarding Amicus Curiae | Gib van Ert and Colin Baxter |
| 2024-09-23 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Proof of service (rec'd 2024-09-24) , Completed on: 2024-09-24, (Printed version filed on 2024-09-23) |
Parvkar Singh Dulai |
| 2024-09-13 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-09-13) | Minister of Public Safety and Emergency Preparedness |
| 2024-09-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-13, (Printed version filed on 2024-09-13) | Minister of Public Safety and Emergency Preparedness |
| 2024-08-21 | Supplemental document, Lower Court judgements, (Printed version due on 2024-08-28) | Parvkar Singh Dulai |
| 2024-08-21 | Correspondence received from, (Letter Form), Correspondence explaining that no Affidavit in support to Motion to extend time will be filed and that arguments for said motion are in paragraphs 7, 10, and 88 of the Memorandum of arguments., (Printed version filed on 2024-08-21) | Parvkar Singh Dulai |
| 2024-08-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, File Opened on August 14, 2024 | |
| 2024-08-12 |
Motion to expedite the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Motion to expedite the appeal and directing that the appeal be heard with or in close proximity to Taylor v. Newfoundland and Labrador (40952) Missing: -Affidavit and arguments (rec'd 2024-08-21 - See L141 from Aug. 21, 2024), Completed on: 2024-08-14, (Printed version filed on 2024-08-14) |
Parvkar Singh Dulai |
| 2024-08-12 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-08-14) | Parvkar Singh Dulai |
| 2024-08-12 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-08-14) | Parvkar Singh Dulai |
| 2024-08-12 | Application for leave to appeal, (Book Form), (6 volumes), Missing signed Federal Court judgment (rec'd 2024-08-21), Completed on: 2024-08-22, (Printed version filed on 2024-08-14) | Parvkar Singh Dulai |
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 |
|---|---|---|
| Dulai, Parvkar Singh | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Public Safety and Emergency Preparedness | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Gib van Ert and Colin Baxter | Amicus curiae | Pending |
Counsel
Party: Dulai, Parvkar Singh
Counsel
838 W Hastings St, 7th Floor
Vancouver, British Columbia
V6C 1C8
Telephone: (604) 774-6274
Email: sadaf@dmf.law
Agent
1500-45 O’Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Party: Minister of Public Safety and Emergency Preparedness
Counsel
Michelle Lutfy
Hilla Aharon
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-6998
Email: elizabeth.richards@justice.gc.ca
Agent
Suite 500
50 O'Conner Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 276-1871
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Gib van Ert and Colin Baxter
Counsel
Colin Baxter
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 408-4297
FAX: (613) 651-0304
Email: gvanert@ovcounsel.com
Summary
Keywords
Charter of rights — National security — Transportation security — Mobility — Minister of Public Safety and Emergency Preparedness placing applicant on Secure Air Travel Act list and issuing direction to air carrier — Applicant denied air transportation by air carrier — Applicant seeking removal of name from list — Minister declining to de-list applicant — Whether Secure Air Travel Act unconstitutional — Whether s. 6 of the Canadian Charter of Rights and Freedoms protects mode of transportation into, out of, and within Canada — Whether deference to legislature in national security matters relieves government of demonstrably justifying limits to Charter rights — Secure Air Travel Act, S.C. 2015, c. 20, s. 11, ss. 8, 9, 15, 16<br>
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 Secure Air Travel Act (hereafter, the “SATA”) provides that the respondent Minister of Public Safety and Emergency Preparedness may establish a list (hereafter, the “SATA list”) on which is placed information that serves to identify any person, if the Minister has reasonable grounds to suspect that person will engage or attempt to engage in an act that would threaten transportation security, or travel by air for the purpose of committing an act or omission that is a specified offence (or that would constitute such an offence if it were committed in Canada). Further, the Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in such acts.
Applicant Parvkar Singh Dulai was placed on the SATA list. The Minister issued a direction which resulted in Mr. Dulai being denied transportation by an air carrier. Mr. Dulai applied to the Minister to have his name removed from the SATA list; the Minister dismissed the application. Mr. Dulai’s appeal to the Federal Court was allowed in part but his constitutional challenge was dismissed. His subsequent appeal to the Federal Court of Appeal was dismissed.
Lower court rulings
Constitutional appeals dismissed
Appeals 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