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.
41939
Ross Mercer v. Government of Yukon, et al.
(Yukon Territory) (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) |
|---|---|---|
| 2026-04-08 | Close file on Leave | |
| 2026-04-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-04-02 | Judgment on leave sent to the parties | |
| 2026-04-02 |
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 Yukon, Number 23-YU906, 2025 YKCA 5, dated May 16, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-03-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-09-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-10-02, (Printed version filed on 2025-10-01) | Ross Mercer |
| 2025-09-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-09-19) | Government of Yukon |
| 2025-09-17 | Notice of name, (Letter Form), x3, (Printed version filed on 2025-09-19) | Government of Yukon |
| 2025-09-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-09-19, (Printed version filed on 2025-09-19) | Government of Yukon |
| 2025-08-18 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened | |
| 2025-08-15 | Book of authorities, (Book Form), Completed on: 2026-03-03, (Printed version filed on 2026-03-03) | Ross Mercer |
| 2025-08-15 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-08-18) | Ross Mercer |
| 2025-08-15 |
Application for leave to appeal, (Book Form), Missing: -Proof of service (affidavit + Read/Delivery receipt or confirmation) (rec'd 2025-09-02) -CA Order (rec'd 2025-09-29) -Signed TC judgement -TC Order (rec'd 2025-09-29), Completed on: 2026-03-03, (Printed version filed on 2025-08-18) |
Ross Mercer |
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 |
|---|---|---|
| Mercer, Ross | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Government of Yukon | Respondent | Active |
| Minister of Community Services of the Yukon Territory and Attorney General of the Yukon Territory | Respondent | Active |
Counsel
Party: Mercer, Ross
Counsel
Alyssa Tomkins
Paul Daly
303B Hawkins Street
Whitehorse, Yukon Territory
Y1A 1X5
Telephone: (867) 456-2325
Email: vincent@larochellelaw.ca
Party: Government of Yukon
Counsel
360-1070 Douglas Street
Victoria, British Columbia
V8W 2C4
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: cboiesparker@arvayfinlay.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Minister of Community Services of the Yukon Territory and Attorney General of the Yukon Territory
Counsel
360-1070 Douglas Street
Victoria, British Columbia
V8W 2C4
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: cboiesparker@arvayfinlay.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Constitutional law — Canadian institutions — Legislatures — Delegation of authority —Emergency measures — Yukon’s legislature enacting legislation allowing executive to declare state of emergency in response to peacetime disasters, and to exercise emergency powers, without oversight by legislature — Executive declaring state of emergency during COVID-19 pandemic and imposing emergency measures, including restrictions on travel and borders — Whether emergency measures legislation unconstitutional — Whether Canada’s Constitution imposes limits on ability of legislature to create and delegate emergency powers to executive — When does a change to a core function of the legislature give rise to a change to the constitutional architecture? — What are the core functions of a legislature that it may not abdicate? — Civil Emergency Measures Act, R.S.Y. 2002, c. 34.
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.
Applicant Ross Mercer brought a challenge to the constitutionality the Yukon’s Civil Emergency Measures Act, R.S.Y. 2002, c. 34 (CEMA) following the declaration, under CEMA, of a state of emergency during the COVID-19 pandemic.
The matter was heard by way of summary trial. The Supreme Court of Yukon determined that CEMA effected a constitutionally valid delegation of authority to the executive and that it did not oust the core jurisdiction of the courts. The court dismissed the application. The Court of Appeal of Yukon dismissed Mr. Mercer’s appeal.
Lower court rulings
Application dismissed
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