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41981

Named Persons v. Attorney General of Canada

(British Columbia) (Civil) (By Leave)

(Publication ban in case) (Sealing order) (Certain information not available to the public)

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)
2026-01-12 All materials on application for leave submitted to the Judges, for consideration by the Court
2026-01-08 Certificate (on limitations to public access), (Letter Form), 23B-Redacted reply Named Persons
2025-12-18 Certificate (on limitations to public access), (Letter Form), 23B-Reply
SEALED/RESTRICTED/PUB BAN/CONFIDENTIAL
Named Persons
2025-12-18 Applicant's reply to respondent's argument, (Book Form), SEALED/RESTRICTED/PUB BAN/CONFIDENTIAL
Redacted version filed 01/08/2025
Missing proof of service-rec'd 01/08/2026, Completed on: 2026-01-08
Named Persons
2025-12-11 Certificate (on limitations to public access), (Letter Form), 23B-Redacted Response Attorney General of Canada
2025-12-10 Certificate (on limitations to public access), 23B-Letter Attorney General of Canada
2025-12-09 Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B Attorney General of Canada
2025-12-09 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Canada
2025-12-09 Respondent's response on the application for leave to appeal, (Book Form), SEALED/PUB BAN/CONFIDENTIAL/RESTRICTED
Redacted version filed 12/11/2025
Missing proof of service - rec'd 12/11/2025, Completed on: 2025-12-11
Attorney General of Canada
2025-12-04 Correspondence received from, (Letter Form), the respondent; Response to supplemental filing of the applicants.
Missing 23B, (Printed version due on 2025-12-11)
Attorney General of Canada
2025-11-26 Certificate (on limitations to public access), (Letter Form), 23B - Supplemental Document Named Persons
2025-11-26 Supplemental document, (Letter Form), Decision of the Superior Court of Justice - R v. C.I.P. Named Persons
2025-11-24 Certificate (on limitations to public access), 23B-Redacted memorandum of argument Named Persons
2025-11-12 Order on miscellaneous motion, by THE REGISTRAR
2025-11-12 Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicants for an order:

Dispensing the parties with the requirement under Rules 26(1)(b), 27(1)(b) and 28(1)(b) of the Rules of the Supreme Court of Canada, as applicable, to file the printed version of their application for leave to appeal material;

Dispensing the parties with the requirement to file redacted printed versions of their documents, pursuant to Rule 19.1(2) of the Rules of the Supreme Court of Canada, and;

Permitting the parties to file in electronic format only the documents referred to in Rules 25(1)(c) and 25(1)(d) or 27(2)(a) and 27(2)(b) of the Rules of the Supreme Court of Canada, as applicable;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2025-11-12 Submission of miscellaneous motion, Reg
2025-11-07 Letter acknowledging receipt of an incomplete application for leave to appeal
2025-11-07 Correspondence received from, (Letter Form),
SEALED/PUB BAN/CONFIDENTIAL/RESTRICTED
Letter to BCCA Registrar (Crown Documents)
Named Persons
2025-11-07 Correspondence received from, (Book Form),
SEALED/PUB BAN/CONFIDENTIAL/RESTRICTED
Letter to BCCA Registrar (Defense Documents)
Named Persons
2025-11-07 Certificate (on limitations to public access), (Letter Form),
SEALED/PUB BAN/CONFIDENTIAL/RESTRICTED
23B
Named Persons
2025-11-07 Certificate (on limitations to public access), (Letter Form),
SEALED/PUB BAN/CONFIDENTIAL/RESTRICTED
23A
Named Persons
2025-11-07 Application for leave to appeal, (Book Form), SEALED/PUB BAN/CONFIDENTIAL/RESTRICTED
Missing: proof of service (rec'd 11/07/2025)
Redacted Memorandum rec'd 11/24/2025, Completed on: 2025-11-10
Named Persons
2025-11-05 Notice of miscellaneous motion, (Letter Form), Motion to Dispense with the requirement to print leave to appeal materials., Completed on: 2025-11-05, (Printed version filed on 2025-11-12) Named Persons
2025-10-31 Order on motion to extend time, by JUSTICE ROWE
2025-10-31 Decision on motion to extend time, Row, UPON APPLICATION by the applicants for an extension of time to serve and file the remaining parts of their application for leave to appeal and for an accommodation for filing sensitive materials;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

The applicant shall serve and file the remaining parts of their application for leave to appeal on or before November 10, 2025.

The applicants are permitted to file the unredacted reasons for judgment and sealing orders in this matter by way of secure transfer directly from the Registry of the Court of Appeal for British Columbia to the Registry of the Supreme Court of Canada.

The applicants are further permitted to file any transcripts or evidence relied upon by way of secure transfer directly from the Registry of the Court of Appeal for British Columbia to the Registry of the Supreme Court of Canada.

The Registrar will provide directions for the form of secure transfer to be used to file the above-mentioned material in this matter.

Granted
2025-10-31 Submission of motion to extend time, Row
2025-10-31 Decision on the miscellaneous motion, Row, See the decision on the motion for an extension of time
Granted
2025-10-31 Submission of miscellaneous motion, Row
2025-09-22 Response to motion to extend time, (Letter Form), Completed on: 2026-01-14 Attorney General of Canada
2025-09-22 Response to miscellaneous motion, (Included in the response to motion to extend time), Completed on: 2025-09-24 Attorney General of Canada
2025-09-16 Letter acknowledging receipt of a notice of application for leave to appeal
2025-09-12 Correspondence received from, (Letter Form), the applicant, (Printed version filed on 2025-09-15) Named Persons
2025-09-11 Motion to extend time, (Book Form), Amended motion rec'd 09-12-2025, Completed on: 2026-01-14, (Printed version filed on 2025-09-15) Named Persons
2025-09-11 Correspondence received from, (Letter Form), the applicant, (Printed version filed on 2025-09-15) Named Persons
2025-09-11 Notice of miscellaneous motion, (Included in the motion to extend time), Motion for Filing Accommodation, Completed on: 2025-09-16, (Printed version filed on 2025-09-15) Named Persons
2025-09-11 Notice of application for leave to appeal, (Letter Form), 23A and 23B missing (rec'd 11/07/2025), Completed on: 2025-11-07, (Printed version filed on 2025-09-15) Named Persons

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
Named Persons Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active

Counsel

Party: Named Persons

Counsel
Names
Matthew R. Gourlay
Tam Boyar
John Rice, KC
Hector MacDonald
Eileen Patel
Contact information
Henein Hutchison Robitaille LLP
235 King Street East
First Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mgourlay@hhllp.ca
Agent
Name
Dahlia Shuhaibar
Contact information
Olthuis Van Ert
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com

Party: Attorney General of Canada

Counsel
Name
Banafsheh Sokhansanj
Contact information
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1296
FAX: (604) 666-2639
Email: banafsheh.sokhansanj@justice.gc.ca

Summary

Keywords

None.

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.

None.

Lower court rulings

June 27, 2023
Supreme Court of British Columbia

2023 BCSC 1107, S2013431

See file

June 13, 2025
Court of Appeal for British Columbia (Vancouver)

2025 BCCA 197

See file

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

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

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

Webcasts

Not available.

Date modified: 2026-01-15