Docket
36645
Gillian Frank, et al. v. Attorney General of Canada
(Ontario) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-02-21 | Appeal closed | |
| 2019-02-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-02-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-02-14 | Judgment on appeal and notice of deposit of judgment sent to all parties, REVISED JUDGMENT | |
| 2019-02-14 | Formal judgment sent to the registrar of the court of appeal and all parties, REVISED JUDGMENT | |
| 2019-01-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-01-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-01-11 | Judgment on the appeal rendered, CJ Mo Ka Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C58876, 2015 ONCA 536, dated July 20, 2015, heard on March 21, 2018, is allowed with costs throughout. Sections 11(d), 220, 222(1), 223(1)(e) and (f) and 226(f) of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 3 of the Canadian Charter of Rights and Freedoms, and the infringement is not justified under s. 1. Accordingly, ss. 222(1)(b) and (c), 223(1)(f) and 226(f) of the Act are declared to be of no force or effect; the words “a person who has been absent from Canada for less than five consecutive years and who intends to return to Canada as a resident” are struck from s. 11(d) of the Act and are replaced with the words “an elector who resides outside Canada”; and the word “temporarily” is struck from ss. 220, 222(1) and 223(1)(e) of the Act. Allowed, with costs |
|
| 2018-05-18 | Correspondence received from, (Letter Form), Williams (email) Advised of a change of address and firm for counsel Ms Shaun OrBrien. |
Gillian Frank |
| 2018-04-11 | Transcript received, (127 pages) | |
| 2018-03-23 | Correspondence received from, (Letter Form), Colin Feasby. Letter regarding the appearance at the hearing of the appeal. | Canadian Expat Association |
| 2018-03-21 | Judgment reserved OR rendered with reasons to follow | |
| 2018-03-21 | Hearing of the appeal, 2018-03-21, CJ Mo Ka Ga Côt Br Row Judgment reserved |
|
| 2018-03-21 | Intervener's condensed book, (Book Form), 14 copies (Submitted in courtroom). | Canadian Expat Association |
| 2018-03-21 | Respondent's condensed book, (Book Form), 14 copies (Submitted in courtroom). | Attorney General of Canada |
| 2018-03-21 | Appellant's condensed book, (Book Form), 14 copies (Submitted in courtroom). | Gillian Frank |
| 2018-03-20 | Notice of appearance, (Letter Form), Michelle Jasinski. Request for 2 reserved seats. | Attorney General of Canada |
| 2018-03-14 | Appellant's book of authorities, (Book Form), SUPPLEMENTAL. Electronic version only., Completed on: 2018-03-20 | Gillian Frank |
| 2018-03-12 | Notice of appearance, (Letter Form), Avvy Yao-Yao Go will be appearing and presenting oral argument. Notice of change of name of party. | Chinese and Southeast Asian Legal Clinic |
| 2018-03-12 | Notice of appearance, (Letter Form), Brendan van Niejenhuis, Michael Sobkin and Stephen Aylward will be appearing. Mr. van Niejenhuis will present oral argument. | British Columbia Civil Liberties Association |
| 2018-03-08 | Correspondence received from, (Letter Form), Chi Ming Seto (by email). Request for 1 reserved seat. | Canadian Expat Association |
| 2018-03-08 | Notice of appearance, (Letter Form), Jean-Vincent Lacroix and Dominique A. Jobin will be appearing. Mr. Lacroix will present oral argument. | Attorney General of Quebec |
| 2018-03-06 | Notice of appearance, (Letter Form), Mark J. Freiman and Jameel Madhany will be appearing. M. Freiman will present oral argument. |
Canadian Civil Liberties Association |
| 2018-03-06 | Notice of appearance, (Letter Form), Shaun O'Brien and Amanda Darrach will be appearing. Ms. O'Brien will present oral argument. |
Gillian Frank |
| 2018-03-06 | Notice of appearance, (Letter Form), Louis Century and Cheryl Milne will be appearing. M.Century will present oral argument. Joan Bell requesting 3 reserved seats. | David Asper Centre for Constitutional Rights |
| 2018-03-05 | Notice of appearance, Mr. Sean Gaudet and Ms. Gail Sinclair will be appearing for the Respondent, AG CANADA - Mr. Gaudet will presesnt oral argument. | Attorney General of Canada |
| 2018-03-05 | Notice of appearance, (Letter Form), Colin Feasby and Sean Sutherland will be appearing. M.Sutherland will present oral argument. AMENDED filed on 2018-03-19. | Canadian Expat Association |
| 2018-03-02 | Notice of appearance, Bradley E. Berg and Max Shapiro will be appearing. M.Berg will present oral argument. Jeff beedell wish to request 2 reserved seats. |
Canadian American Bar Association |
| 2018-02-22 | Correspondence received from, (Letter Form), Marie-France Major (by email). Request for 1 resevd seat. | Gillian Frank |
| 2018-02-22 | Correspondence received from, Marie-France Major for the Appellants requesting 1 reserved seat. | Gillian Frank |
| 2018-02-21 | Correspondence received from, (Letter Form), Marie-France Major (by email). Request for 5 reserved seats. | Gillian Frank |
| 2017-11-27 | Correspondence received from, (Letter Form), Respondent, re: Peter Southey will no longer be lead counsel for AG Canada - Mr. Sean Gaudet will be lead counsel. | Attorney General of Canada |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 | Appeal hearing scheduled, 2018-03-21, (previously scheduled for February 16, 2017) Judgment reserved |
|
| 2017-06-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), - signed by the Registrar | |
| 2017-05-24 | Order by, Mo, FURTHER TO THE ORDER dated October 14, 2016, granting leave to intervene to the Canadian American Bar Association; the Canadian Expat Association; the David Asper Center for Constitutional Rights; the Canadian Civil Liberties Association; the British Columbia Civil Liberties Association and the Metro Toronto Chinese and Southeast Asian Legal Clinic; IT IS HEREBY FURTHER ORDERED THAT: 1. The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal; and 2. The Attorney General of Quebec is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2017-03-30 | Intervener's book of authorities, (Book Form), (11 copies) 3 copies missing (received 2017-04-03), Completed on: 2017-04-03, (Electronic version filed on 2017-03-30) | Attorney General of Quebec |
| 2017-03-30 | Intervener's factum, (Book Form), 3 copies missing (received 2017-04-03), Completed on: 2017-04-03, (Electronic version filed on 2017-03-30) | Attorney General of Quebec |
| 2017-01-18 | Order on motion to extend time, by the Registrar | |
| 2017-01-18 | Decision on motion to extend time, Reg, UPON A MOTION by the intervener, the Attorney General of Quebec, for an order extending the time within which to serve and file her factum and book of authorities to no later than thirty (30) days after the day on which the strike of Quebec government lawyers and notaries (LANEQ) terminates; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2017-01-18 | Submission of motion to extend time, Reg | |
| 2017-01-16 | Notice of withdrawal, Completed on: 2017-01-16 | Attorney General of Nova Scotia |
| 2017-01-12 | Reply to motion to extend time, Completed on: 2017-01-12 | Attorney General of Quebec |
| 2017-01-11 | Response to motion to extend time, (Letter Form), Completed on: 2017-01-11 | Gillian Frank |
| 2017-01-11 | Order on motion to adjourn the hearing of the appeal, by the Chief Justice (sent by fax on January 11, 2017) | |
| 2017-01-11 | Decision on motion to adjourn the hearing of the appeal, CJ, UPON APPLICATION by the respondent for an adjournment of the hearing scheduled for February 16, 2017; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the appeal is traversed to the 2018 Winter session. The Registrar shall fix a new tentative hearing date. Granted |
|
| 2017-01-11 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2017-01-11 | Response to motion to extend time, (Letter Form), Completed on: 2017-01-11 | Attorney General of Canada |
| 2016-12-22 | Motion to extend time, (Letter Form), To file and serve their factum, Completed on: 2016-12-22, (Printed version filed on 2016-12-29) | Attorney General of Quebec |
| 2016-12-22 | Reply to the motion to adjourn the hearing of the appeal, (Book Form), Completed on: 2016-12-22, (Printed version filed on 2016-12-22) | Attorney General of Canada |
| 2016-12-15 | Response to the motion to adjourn the hearing of the appeal, (Book Form), Completed on: 2016-12-15, (Electronic version filed on 2016-12-15) | Gillian Frank |
| 2016-12-12 | Correspondence received from, (Letter Form), Nancy Brooks (by email). Jeff Beedell is now the Ottawa agent. | Canadian American Bar Association |
| 2016-12-09 | Intervener's book of authorities, (Book Form), Completed on: 2016-12-12, (Electronic version filed on 2016-12-09) | David Asper Centre for Constitutional Rights |
| 2016-12-09 | Intervener's factum, (Book Form), Completed on: 2016-12-12, (Electronic version filed on 2016-12-09) | David Asper Centre for Constitutional Rights |
| 2016-12-09 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Canadian Expat Association |
| 2016-12-09 | Intervener's factum, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Canadian Expat Association |
| 2016-12-09 | Intervener's book of authorities, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Chinese and Southeast Asian Legal Clinic |
| 2016-12-09 | Intervener's factum, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Chinese and Southeast Asian Legal Clinic |
| 2016-12-09 | Intervener's book of authorities, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Canadian Civil Liberties Association |
| 2016-12-09 | Intervener's factum, (Book Form), Completed on: 2016-12-09, (Electronic version filed on 2016-12-09) | Canadian Civil Liberties Association |
| 2016-12-09 | Intervener's book of authorities, (Book Form), Proof of service missing (received on 2016-12-13), Completed on: 2016-12-13, (Electronic version filed on 2016-12-09) | British Columbia Civil Liberties Association |
| 2016-12-09 | Intervener's factum, (Book Form), Proof of service missing (received on 2016-12-13), Completed on: 2016-12-13, (Electronic version filed on 2016-12-09) | British Columbia Civil Liberties Association |
| 2016-12-08 | Correspondence received from, (Letter Form), Bradley E. Berg. Ivo Entchev and Valérie Scott are listed on the cover of the books, but will not be listed as counsel of record nor sit at the counsel table. , (Electronic version filed on 2016-12-08) | Canadian American Bar Association |
| 2016-12-08 | Intervener's book of authorities, (Book Form), Proof of service missing (received 2016-12-12), Completed on: 2016-12-12, (Electronic version filed on 2016-12-08) | Canadian American Bar Association |
| 2016-12-08 | Intervener's factum, (Book Form), Proof of service missing (received 2016-12-12), Completed on: 2016-12-12, (Electronic version filed on 2016-12-08) | Canadian American Bar Association |
| 2016-12-05 | Motion to adjourn the hearing of the appeal, (Book Form), Completed on: 2016-12-05, (Electronic version filed on 2016-12-05) | Attorney General of Canada |
| 2016-11-23 | Notice of hearing sent to parties | |
| 2016-10-21 | Appeal perfected for hearing | |
| 2016-10-20 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-10-20) | Attorney General of Canada |
| 2016-10-20 | Respondent's book of authorities, (Book Form), Completed on: 2016-10-20, (Electronic version filed on 2016-10-20) | Attorney General of Canada |
| 2016-10-20 | Respondent's record, (Book Form), (2 volumes), Completed on: 2016-10-20, (Electronic version filed on 2016-10-20) | Attorney General of Canada |
| 2016-10-20 | Respondent's factum, (Book Form), Completed on: 2016-10-20, (Electronic version filed on 2016-10-20) | Attorney General of Canada |
| 2016-10-14 | Order on motion for leave to intervene, By Justice Moldaver | |
| 2016-10-14 | Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by Democracy Watch; the Canadian American Bar Association; the South Asian Legal Clinic of Ontario; the Canadian Constitution Foundation; Christopher Jones; Hugh Verrier, Brendan McGivern and the Canadian Chamber of Commerce in Japan (jointly); the Canadian Expat Association; the David Asper Center for Constitutional Rights; the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND UPON APPLICATION by the Metro Toronto Chinese and Southeast Asian Legal Clinic for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motions for leave to intervene by the Canadian American Bar Association; the Canadian Expat Association; the David Asper Center for Constitutional Rights; the Canadian Civil Liberties Association; the British Columbia Civil Liberties Association and the Metro Toronto Chinese and Southeast Asian Legal Clinic are granted and the said six (6) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before December 9, 2016. The motions for leave to intervene by Democracy Watch; the South Asian Legal Clinic of Ontario; the Canadian Constitution Foundation; Christopher Jones and Hugh Verrier, Brendan McGivern and the Canadian Chamber of Commerce in Japan (jointly) are dismissed. The request by the respondent to file a reply factum is denied. 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 appellant and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Allowed in part |
|
| 2016-10-14 | Decision on motion to extend time, Mo, see order above Granted |
|
| 2016-10-14 | Submission of motion to extend time, Mo | |
| 2016-10-14 | Submission of motion for leave to intervene, (11 motions), Mo | |
| 2016-10-11 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-10-11 | South Asian Legal Clinic of Ontario |
| 2016-10-11 | Reply to the motion for leave to intervene, (Letter Form), (to AGC's response), Completed on: 2016-10-11 | Hugh Verrier, Brendan McGivern, Canadian Chamber of Commerce in Japan |
| 2016-10-07 | Reply to the motion for leave to intervene, (Letter Form), (to AGC's response), Completed on: 2016-10-07 | Chinese and Southeast Asian Legal Clinic |
| 2016-10-06 | Reply to the motion for leave to intervene, (Letter Form), (to AGC's response), Completed on: 2016-10-06 | Canadian American Bar Association |
| 2016-10-06 | Reply to the motion for leave to intervene, (Letter Form), (to AGC's response), Completed on: 2016-10-06 | David Asper Centre for Constitutional Rights |
| 2016-10-03 | Response to the motion for leave to intervene, Completed on: 2016-10-03 | Attorney General of Canada |
| 2016-09-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-30, (Printed version filed on 2016-09-29) | Gillian Frank |
| 2016-09-27 | Motion to extend time, (Letter Form), to serve and/or file the motion for intervention, Completed on: 2016-09-27, (Electronic version filed on 2016-09-27) | Chinese and Southeast Asian Legal Clinic |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-23, (Printed version filed on 2016-09-23) | British Columbia Civil Liberties Association |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-27, (Electronic version filed on 2016-09-22) | Chinese and Southeast Asian Legal Clinic |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-22, (Electronic version filed on 2016-09-22) | Canadian Civil Liberties Association |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-22, (Electronic version filed on 2016-09-22) | David Asper Centre for Constitutional Rights |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-22, (Electronic version filed on 2016-09-22) | Canadian Expat Association |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-22, (Electronic version filed on 2016-09-30) | Hugh Verrier, Brendan McGivern, Canadian Chamber of Commerce in Japan |
| 2016-09-22 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-22, (Electronic version filed on 2016-09-22) | Christopher Jones |
| 2016-09-22 | Motion for leave to intervene, Completed on: 2016-09-22 | Canadian Constitution Foundation |
| 2016-09-21 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-22, (Printed version filed on 2016-09-22) | South Asian Legal Clinic of Ontario |
| 2016-09-21 | Certificate (on limitations to public access) | Canadian American Bar Association |
| 2016-09-21 | Notice of name | Canadian American Bar Association |
| 2016-09-21 | Motion for leave to intervene, Completed on: 2016-09-21 | Canadian American Bar Association |
| 2016-09-21 | Motion for leave to intervene, Completed on: 2016-09-21 | Democracy Watch |
| 2016-08-25 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-25) | Gillian Frank |
| 2016-08-25 | Appellant's record, (Book Form), (18 volumes), Completed on: 2016-08-25, (Electronic version filed on 2016-08-25) | Gillian Frank |
| 2016-08-25 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2016-08-25, (Electronic version filed on 2016-08-25) | Gillian Frank |
| 2016-08-25 | Appellant's factum, (Book Form), Completed on: 2016-08-25, (Electronic version filed on 2016-08-25) | Gillian Frank |
| 2016-08-18 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2016-08-08 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2016-06-22 | Correspondence received, AG Québec consents to late service. | |
| 2016-06-08 | Notice of constitutional question(s), All Attorneys General, but for AGQC, served on June 8, 2016 by email. On consent - AG QC served June 21, 2016. | Gillian Frank |
| 2016-06-02 | Order on motion to state a constitutional question, (by CHIEF JUSTICE MCLACHLIN) | |
| 2016-06-02 | 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. 11(d), 222(1)(b) and (c), 223(1)(f), 226(f), and the word “temporarily” in ss. 220, 222(1) and 223(1)(e) of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 3 of the Canadian Charter of Rights and Freedoms? 2. If so, 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 Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention. Granted |
|
| 2016-06-02 | Submission of motion to state a constitutional question, CJ | |
| 2016-05-24 | Response to the motion to state a constitutional question, Completed on: 2016-05-24 | Attorney General of Canada |
| 2016-05-16 | Motion to state a constitutional question, Completed on: 2016-05-16 | Gillian Frank |
| 2016-05-16 | Notice of appeal, Completed on: 2016-05-16 | Gillian Frank |
| 2016-04-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-04-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-15 | Judgment on leave sent to the parties | |
| 2016-04-14 | Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C58876, 2015 ONCA 536, dated July 20, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-04-14 | Decision on motion to extend time, See Judgment on leave application. Allowed |
|
| 2016-03-07 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-03-07 | Submission of motion to extend time, CJ Mo Ga | |
| 2015-11-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-11-20, (Electronic version filed on 2015-11-20) | Gillian Frank |
| 2015-11-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-10) | Attorney General of Canada |
| 2015-11-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-11-10, (Electronic version filed on 2015-11-10) | Attorney General of Canada |
| 2015-10-30 | Motion to extend time, (Book Form), 3 copies missing. New cover and all the copies received 2015-10-02., Completed on: 2015-10-30, (Electronic version filed on 2015-10-30) | Attorney General of Canada |
| 2015-09-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, file opened 2015-09-30. | |
| 2015-09-29 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Gillian Frank |
| 2015-09-29 | Application for leave to appeal, (Book Form), Final Court of Appeal order missing. Received 2015-10-05., Completed on: 2015-10-05, (Electronic version filed on 2015-09-28) | Gillian Frank |
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