Docket

36165

Conférence des juges de paix magistrats du Québec, et al. v. Attorney General of Quebec, et al.

(Quebec) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2017-05-16 Appeal closed
2017-05-16 Correspondence (sent by the Court) to, the appellants. Cover letter regarding certificate of taxation signed May 16, 2017.
2017-05-16 Certificate of taxation issued to, Mr. Raymond Doray
2017-05-16 Decision on the bill of costs, in the amount of $39,505.39, Reg
2017-05-16 Submission of the bill of costs, Reg
2017-04-12 Bill of costs, Completed on: 2017-04-12 Conférence des juges de paix magistrats du Québec
2016-10-17 Formal judgment sent to the registrar of the court of appeal and all parties
2016-10-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-10-14 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-022600-126, 2014 QCCA 1654, dated September 11, 2014, heard on January 18, 2016, is allowed in part, with costs in favour of the appellants. The constitutional questions are answered as follows:

1. Do ss. 27, 30 and 32 of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:

a) the Constitution Act, 1867 or

b) section 11(d) of the Canadian Charter of Rights and Freedoms?

Answer: Sections 27, 30 and 32 of the Act violate the principle of judicial independence.

2. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: No.

3. Does s. 178 of the Courts of Justice Act, CQLR, c. T-16, as amended by the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:

a) the Constitution Act, 1867 or

b) section 11(d) of the Canadian Charter of Rights and Freedoms?

Answer: No.

4. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: It is unnecessary to answer this question.

5. Does the Décret 932-2008, (2008) 140 G.O. 2, 5681, concerning the pay and other working conditions of presiding justices of the peace, violate the principle of judicial independence guaranteed by:

a) the Constitution Act, 1867 or

b) section 11(d) of the Canadian Charter of Rights and Freedoms?

Answer: No.

6. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?

Answer: It is unnecessary to answer this question.

Allowed in part, with costs
2016-02-01 Transcript received, 118 pages.
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Attorney General of Ontario
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Attorney General of Canada
2016-01-18 Respondent's condensed book, (Book Form), Filed at the hearing. Attorney General of Quebec
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Association of Justices of the Peace of Ontario
2016-01-18 Intervener's condensed book, (Book Form), Filed at the hearing. Conférence des juges de la Cour du Québec
2016-01-18 Judgment reserved OR rendered with reasons to follow
2016-01-18 Hearing of the appeal, 2016-01-18, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2016-01-15 Correspondence (sent by the Court) to, Counsel sheet faxed to every parties.
2016-01-15 Notice of appearance, J. Thomas Curry and Paul-Erik Veel will be appearing for the Intervener, Association of Justices of the Peace of Ontario. Mr. Curry will present oral argument. Association of Justices of the Peace of Ontario
2016-01-14 Correspondence received from, 2 reseved seats. Attorney General of Quebec
2016-01-12 Order by, (JUSTICE GASCON), Ga, FURTHER TO THE ORDER dated November 25, 2015, granting leave to intervene to the Conférence des juges de la Cour du Québec and the Association of Justices of the Peace of Ontario;
IT IS HEREBY ORDERED THAT:
1. The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
2. The Attorney General of Canada and the Attorney General of Ontario are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2016-01-05 Correspondence received from, Attorney General of Quebec will not submit a reply to the Intervener's factum. Attorney General of Quebec
2016-01-05 Notice of appearance, Joël Mercier and Christine Baudouin for the intervener, Conférence ds juges de la cour du Québec will be at the hearing. Mr. Mercier will make the oral arguments. Conférence des juges de la Cour du Québec
2016-01-05 Intervener's book of authorities, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-04) Association of Justices of the Peace of Ontario
2016-01-05 Intervener's factum, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-04) Association of Justices of the Peace of Ontario
2016-01-05 Correspondence received from, 2 reserved seat. Attorney General of Canada
2016-01-05 Notice of appearance, François Joyal and Catherine Lawrence for the Attorney General of Canada will be present at the hearing. Mr. Joyal will make the oral arguments. Attorney General of Canada
2016-01-05 Appeal perfected for hearing
2016-01-04 Intervener's book of authorities, (Book Form), (3 volumes), Proof of service missing. Received 2016-01-05., Completed on: 2016-01-04, (Electronic version filed on 2016-01-04) Attorney General of Ontario
2016-01-04 Intervener's factum, (Book Form), Proof of service missing. Received 2016-01-05., Completed on: 2016-01-04, (Electronic version filed on 2016-01-04) Attorney General of Ontario
2016-01-04 Notice of appearance, Sarah T. Kraicer and Josh Hunter will appear at the hearing on behalf of the Intervener, Attorney General of Ontario. Ms. Kraicer will present the oral arguments. Attorney General of Ontario
2015-12-29 Intervener's book of authorities, (Book Form), Completed on: 2015-12-29, (Electronic version filed on 2015-12-29) Conférence des juges de la Cour du Québec
2015-12-29 Intervener's factum, (Book Form), Completed on: 2015-12-29, (Electronic version filed on 2015-12-29) Conférence des juges de la Cour du Québec
2015-12-23 Intervener's factum, (Book Form), Proof of service missing. Received 2015-12-30., Completed on: 2015-12-23, (Electronic version filed on 2015-12-30) Attorney General of Canada
2015-12-23 Intervener's book of authorities, (Book Form), (2 volumes), Proof of service missing. Received 2015-12-30., Completed on: 2015-12-23, (Electronic version filed on 2015-12-30) Attorney General of Canada
2015-12-22 Notice of appearance, Raymond Doray and Loïc Berdnikoff will be present at the hearing. Mr. Doray will do the oral presentations. Conférence des juges de paix magistrats du Québec
2015-12-22 Notice of appearance, Sébastien Rochette, Brigitte Bussières and France Bonsaint will be present at the hearing. Mr. Rochette will do the oral presentations. Attorney General of Quebec
2015-12-11 Notice of change of counsel, Tom Curry from Lenczner Slaght replaces James Morton of Morton Karass LLP Association of Justices of the Peace of Ontario
2015-12-10 Certificate of counsel (attesting to record) Attorney General of Quebec
2015-12-08 Correspondence received from, Pierre Landry dated 2015-12-08. Re: Two pages were changed in the factum Attorney General of Quebec
2015-12-08 Respondent's book of authorities, Completed on: 2015-12-08 Attorney General of Quebec
2015-12-08 Respondent's record, Completed on: 2015-12-08 Attorney General of Quebec
2015-12-08 Respondent's factum, Completed on: 2015-12-10 Attorney General of Quebec
2015-11-27 Notice of hearing sent to parties
2015-11-26 Appeal hearing scheduled, 2016-01-18
Judgment reserved
2015-11-25 Order on motion for leave to intervene
2015-11-25 Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Conférence des juges de la Cour du Québec and the Association of Justices of the Peace of Ontario, for leave to intervene in the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before January 4, 2016.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
The appellants and the respondents are permitted to each serve and file a single factum not exceeding five (5) pages in reply to these interventions on or before January 11, 2016.
Granted
2015-11-25 Submission of motion for leave to intervene, Ga
2015-11-17 Response to the motion for leave to intervene, Completed on: 2015-11-18 Attorney General of Quebec
2015-11-10 Motion for leave to intervene, (Book Form), Completed on: 2015-11-10, (Electronic version filed on 2015-11-10) Association of Justices of the Peace of Ontario
2015-11-04 Motion for leave to intervene, Completed on: 2015-11-04 Conférence des juges de la Cour du Québec
2015-10-23 Correspondence received from, François Joyal by fax, re: counsel representing the Attorney General of Canada Attorney General of Canada
2015-10-20 Certificate of counsel (attesting to record), (Letter Form), (Electronic version due on 2015-10-27) Conférence des juges de paix magistrats du Québec
2015-10-20 Appellant's record, (Book Form), (9 volumes), Completed on: 2015-10-20, (Electronic version filed on 2015-10-23) Conférence des juges de paix magistrats du Québec
2015-10-20 Appellant's book of authorities, (Book Form), (6 volumes), Completed on: 2015-10-20, (Electronic version filed on 2015-10-23) Conférence des juges de paix magistrats du Québec
2015-10-20 Appellant's factum, (Book Form), Original service rec'd 2015-10-30, Completed on: 2015-10-22, (Electronic version filed on 2015-10-23) Conférence des juges de paix magistrats du Québec
2015-09-24 Notice of intervention respecting a constitutional question, (Printed version filed on 2015-09-25) Attorney General of Canada
2015-09-22 Notice of intervention respecting a constitutional question Attorney General of Ontario
2015-09-10 Notice of constitutional question(s), All Attorneys General served on September 9, 2015 Conférence des juges de paix magistrats du Québec
2015-08-18 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2015-08-18 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Do ss. 27, 30 and 32 of the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:
a) the Constitution Act, 1867 or
b) section 11(d) of the Canadian Charter of Rights and Freedoms?
2. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
3. Does s. 178 of the Courts of Justice Act, CQLR, c. T-16, as amended by the Act to amend the Courts of Justice Act and other legislative provisions as regards the status of justices of the peace, S.Q. 2004, c. 12, violate the principle of judicial independence guaranteed by:
a) the Constitution Act, 1867 or
b) section 11(d) of the Canadian Charter of Rights and Freedoms?
4. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
5. Does the Order No. 932-2008, (2008) 140 G.O. II, 5681, concerning the pay and other working conditions of presiding justices of the peace violate the principle of judicial independence guaranteed by:
a) the Constitution Act, 1867 or
b) section 11(d) of the Canadian Charter of Rights and Freedoms?
6. If so, in respect of s. 11(d) of the Canadian Charter of Rights and Freedoms, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Charter?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondents the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. The appellants’ record, factum and book of authorities shall be served and filed on or before October 20, 2015.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 10, 2015.
3. The appellants and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before November 17, 2015.
4. Replies to the responses, if any, to the motions for leave to intervene shall be served and filed on or before November 20, 2015.
5. The respondents’ record, factum and book of authorities shall be served and filed on or before December 8, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 4, 2016.
7. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 4, 2016.
Granted
2015-08-18 Submission of motion to state a constitutional question, CJ
2015-08-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-07-02 Response to the motion to state a constitutional question, (Book Form), Completed on: 2015-07-02, (Electronic version filed on 2015-07-02) Attorney General of Quebec
2015-06-22 Motion to state a constitutional question, (Book Form), Proof of service missing. Received 2015-07-03., Completed on: 2015-07-10, (Electronic version filed on 2015-06-22) Conférence des juges de paix magistrats du Québec
2015-06-22 Notice of appeal, (Letter Form), Proof of service missing. Received 2015-07-03., Completed on: 2015-07-17, (Electronic version filed on 2015-06-22) Conférence des juges de paix magistrats du Québec
2015-06-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-06-05 Judgment on leave sent to the parties
2015-06-04 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 Quebec (Montréal), Number 500-09-022600-126, 2014 QCCA 1654, dated September 11, 2014, is granted with costs.
Granted, with costs
2015-03-09 All materials on application for leave submitted to the Judges, Abe Ka Côt
2014-12-18 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-12-18 Conférence des juges de paix magistrats du Québec
2014-12-09 Certificate (on limitations to public access) Attorney General of Quebec
2014-12-09 Respondent's response on the application for leave to appeal, Completed on: 2014-12-09 Attorney General of Quebec
2014-11-14 Notice of name Conférence des juges de paix magistrats du Québec
2014-11-12 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-11-12
2014-11-10 Certificate (on limitations to public access) Conférence des juges de paix magistrats du Québec
2014-11-10 Application for leave to appeal, (5 volumes), Completed on: 2014-11-10 Conférence des juges de paix magistrats du Québec
 

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