Docket

37613

Attorney General of Canada, et al. v. Attorney General of Quebec

(Que.) (Civil) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2018-11-22 Appeal closed
2018-11-13 Formal judgment sent to the registrar of the court of appeal and all parties
2018-11-13 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-11-09 General proceeding, (Letter Form), Counsel sign-in sheet Attorney General of Canada
2018-11-09 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The Attorney General of Canada’s appeal from the judgment of the Court of Appeal of Quebec (Montréal), 2017 QCCA 756, Number 500-09-025430-158, dated May 10, 2017, heard on March 22, 2018, is allowed.

The Attorney General of Quebec’s appeal from the judgment of the Court of Appeal of Quebec (Montréal), 2017 QCCA 756, Number 500-09-025430-158, dated May 10, 2017, heard on March 22, 2018, is dismissed.

The Attorney General of British Columbia’s appeal from the judgment of the Court of Appeal of Quebec (Montréal), 2017 QCCA 756, Number 500-09-025430-158, dated May 10, 2017, heard on March 22, 2018, is allowed.


The constitutional questions are answered as follows:

1. Does the Constitution of Canada authorize the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the most recent publication of the “Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory System”?

Answer: Yes.

2. Does the most recent version of the draft of the federal “Capital Markets Stability Act” exceed the authority of the Parliament of Canada over the general branch of the trade and commerce power under subsection 91(2) of the Constitution Act, 1867?

Answer: No.
Judgment accordingly
2018-11-05 General proceeding, (Letter Form), Completed Lock-up Form and undertaking - Annie Gallant Institute for Governance of Private and Public Organizations
2018-11-05 General proceeding, (Letter Form), Completed Lock-up Form and undertaking - Jean-François Beaupré. Attorney General of Quebec
2018-11-05 Correspondence received from, (Letter Form), Francis Demers. Jean-François Beaupré wish to participate to the remote lock-up. Attorney General of Quebec
2018-10-19 General proceeding, (Letter Form), undertaking for counsel lock-up for Mr. Robert Frater. Attorney General of Canada
2018-10-17 General proceeding, (Letter Form), AG Canada, re: Mr. Alexander Pless, Robert J. Frater and Michelle Kellam will attend the lock-up in person.

Original copies and undertaking rec'd October 22, 2018.
Attorney General of Canada
2018-10-09 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG Ont., counsel, Ms Emily Bala.

Original copy rec'd Oct.15/2018.
Attorney General of Ontario
2018-10-09 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG Ont., counsel, Ms. Robin Basu.

Original copy rec'd Oct.15/2018.
Attorney General of Ontario
2018-10-09 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG Qc, counsel, Me Francis Demers.

original copy filed on Oct.19/2018.
Attorney General of Quebec
2018-10-09 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for Barreau du Québec, counsel, Me Raymond Doray, Ad. E. Barreau du Québec
2018-10-09 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG NB, from counsel, Ms. Isabel Lavoie Daigle. Attorney General of New Brunswick
2018-10-05 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG Manitoba, counsel, Mr. Michael Conner.

Original copy rec'd Oct.15/2018.
Attorney General of Manitoba
2018-10-05 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG PEI, counsel, Mr. Jonathan M. Coady.

Original copy rec'd Oct.15/2018.
Attorney General of Prince Edward Island
2018-10-05 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG SK, counsel, Mr. Alan Jacobson.

Original copy rec'd Oct.12/2018.
Attorney General of Saskatchewan
2018-10-05 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG Alberta, for counsel, Ms. L. Christine Enns. Attorney General of Alberta
2018-10-05 General proceeding, (Letter Form), Lock-up form to receive judgment remotely and undertaking for AG BC, counsel, Mr. J. Gareth Morley.

Original copy rec'd Oct.9/2018.
Attorney General of British Columbia
2018-10-05 Correspondence (sent by the Court) to, all parties, re: Lock-up confirmed.
2018-09-28 Correspondence received from, (Letter Form), AG PEI, re: would like to receive judgment remotely if a lock-up is held. Attorney General of Prince Edward Island
2018-09-28 Correspondence received from, (Letter Form), AG Manitoba, re: would like to receive judgment remotely if a lock-up is held. Attorney General of Manitoba
2018-09-28 Correspondence received from, (Letter Form), AG Quebec, re: would like to receive judgment remotely if a lock-up is held. Attorney General of Quebec
2018-09-27 Correspondence received from, AG Ontario, re: would like to receive judgment remotely if a lock-up is held.
Attorney General of Ontario
2018-09-27 Correspondence received from, (Letter Form), AG Canada, re: would like to receive judgment in person if a lock-up is held. Attorney General of Canada
2018-09-26 Correspondence received from, (Letter Form), AG Alberta, re: would like to receive judgment remotely if a lock-up is held. Attorney General of Alberta
2018-09-25 Correspondence received from, (Letter Form), AG Saskatchewan, re: would like to receive judgment remotely if a lock-up is held. Attorney General of Saskatchewan
2018-09-24 Correspondence received from, (Letter Form), Counsel for the AG New Brunswick, re: wishes to receive the judgment remotely. Attorney General of New Brunswick
2018-09-21 Correspondence received from, (Letter Form), Mr. Edward Gores, Q.C. - AG Nova Scotia will not participate in possible lock-up. Attorney General of Nova Scotia
2018-09-21 Correspondence received from, (Letter Form), J. Gareth Morely by email, re: would appreciate receiving the judgment remotely. Attorney General of British Columbia
2018-09-21 Correspondence received from, (Letter Form), Counsel for the Intervener, AG Ontario, re: Please address emails concerning the lock-up to Robin K. Basu and Emily Bala. Attorney General of Ontario
2018-09-21 Correspondence (sent by the Court) to, all parties by e-mail, re: the Court has proposed to hold a media lock-up and a separate counsel lock-up.
2018-09-21 Media lock-up requested or proposed
2018-04-12 Transcript received, 126 pages
2018-03-22 Judgment reserved OR rendered with reasons to follow
2018-03-22 Hearing of the appeal, 2018-03-22, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-03-22 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. Institute for Governance of Private and Public Organizations
2018-03-22 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. Attorney General of Alberta
2018-03-22 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room.
Attorney General of Manitoba
2018-03-22 Respondent's condensed book, (Book Form), (14 copies) Submitted in court room.
Attorney General of Quebec
2018-03-22 Intervener's condensed book, (Book Form), (14 copies) Submitted in court room. Attorney General of Prince Edward Island
2018-03-22 Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. Attorney General of Canada
2018-03-22 Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. Attorney General of British Columbia
2018-03-13 Notice of appearance, (Letter Form), François Lebel and Annie Gallant will be appearing. Mr. Lebel will present oral argument.
Institute for Governance of Private and Public Organizations
2018-03-12 Correspondence received from, Pierre Landry ( by email) response to the letter from AG of BC. Attorney General of Quebec
2018-03-12 Correspondence received from, J. Gareth Morley (by email) requesting change in oral arguments. Attorney General of British Columbia
2018-03-08 Notice of change of counsel, (Letter Form) Attorney General of Prince Edward Island
2018-03-06 Notice of appearance, (Letter Form), Michael A. Conner will be appearing and will present oral argument.
Attorney General of Manitoba
2018-03-06 Notice of appearance, (Letter Form), Isabel Lavoie Daigle will be appearing and will be presenting oral argument.
Attorney General of New Brunswick
2018-03-06 Notice of appearance, (Letter Form), Alan F. Jacobson will be appearing and will present oral argument.
Attorney General of Saskatchewan
2018-03-06 Notice of appearance, (Letter Form), Jonathan M. Coady and Justin L. Milne will be appearing. M.Coady will present oral argument.
Attorney General of Prince Edward Island
2018-03-06 Notice of appearance, (Letter Form), L. Christine Enns, Q.C will be appearing and will present oral argument. They have requested 6 reserve seats.
Attorney General of Alberta
2018-02-27 Appeal perfected for hearing
2018-02-26 Notice of appearance, (Letter Form), Alexander Pless and Robert J. Frater, Q.C. will be appearing. M.Pless will present oral argument. Robert J. Frater, Q.C. is requesting 9 reserved seats.
Attorney General of Canada
2018-02-26 Correspondence received from, (Letter Form), Chantal Descoste (by email) Request 1 reserved seat for M Doray. Barreau du Québec
2018-02-23 Notice of appearance, (Letter Form), Raymond Doray and Guillaume Laberge will be appearing. M.Doray will present oral argument.
Barreau du Québec
2018-02-21 Notice of appearance, (Letter Form), Robin K. Basu and Emily Bala will be appearing. M.Basu will present oral argument. Nadia Effendi is requesting 5 reserved seats.
Attorney General of Ontario
2018-02-21 Notice of appearance, (Letter Form), J. Gareth Morley and Alandra Harlingten will be appearing. M. Morley will present oral argument.
Attorney General of British Columbia
2018-02-21 Notice of appearance, (Letter Form), Francis Demers and Jean-François Beaupré will be appearing. M.Demers will present oral argument.
Attorney General of Quebec
2018-02-08 Correspondence received from, Chantal Descoste (par courriel) requesting 2 reserved seat. Institute for Governance of Private and Public Organizations
2018-01-30 Correspondence received from, Chantal Descoste (by email) requesting 7 reserved seats Attorney General of Quebec
2018-01-15 Appellant's book of authorities, (Book Form), on Reply Factum to the interveners, Completed on: 2018-01-15 Attorney General of Canada
2018-01-15 Reply factum on appeal, (Book Form), English and French copies filed, Completed on: 2018-02-01 Attorney General of Canada
2017-12-22 Intervener's book of authorities, (Book Form), Supplementary, Completed on: 2017-12-22 Institute for Governance of Private and Public Organizations
2017-12-19 Intervener's book of authorities, (Book Form), Completed on: 2017-12-19 Institute for Governance of Private and Public Organizations
2017-12-19 Intervener's factum, (Book Form), Completed on: 2017-12-19 Institute for Governance of Private and Public Organizations
2017-12-19 Intervener's book of authorities, (Book Form), proof of service missing-rec'd 2018/01/03, Completed on: 2018-01-03 Barreau du Québec
2017-12-19 Intervener's factum, (Book Form), proof of service missing-rec'd 2018/01/03, Completed on: 2018-01-03 Barreau du Québec
2017-11-24 Intervener's book of authorities, (Book Form), Completed on: 2017-12-06 Attorney General of Ontario
2017-11-24 Intervener's factum, (Book Form), Completed on: 2017-11-24 Attorney General of Ontario
2017-11-24 Intervener's factum, (Book Form), Completed on: 2017-11-24 Attorney General of Prince Edward Island
2017-11-24 Intervener's book of authorities, (Book Form), Completed on: 2017-11-24 Attorney General of Alberta
2017-11-24 Intervener's factum, (Book Form), Completed on: 2017-11-24 Attorney General of Alberta
2017-11-24 Intervener's book of authorities, (Book Form), Completed on: 2017-11-24 Attorney General of Manitoba
2017-11-24 Intervener's factum, (Book Form), interveners for the file of AG Canada and AG Qc, Completed on: 2017-11-24 Attorney General of Manitoba
2017-11-22 Intervener's factum, (Book Form), Completed on: 2017-11-22 Attorney General of Saskatchewan
2017-11-22 Intervener's book of authorities, (Book Form), Completed on: 2017-11-22 Attorney General of New Brunswick
2017-11-22 Intervener's factum, (Book Form), Completed on: 2017-11-24 Attorney General of New Brunswick
2017-11-22 Correspondence (sent by the Court) to, Pierre Landry and François LeBel. RE: Hearing date.
2017-11-22 Notice of hearing sent to parties
2017-11-22 Appeal hearing scheduled, 2018-03-22, (previously January 19)
Judgment reserved
2017-11-16 Correspondence received from, (Letter Form), François LeBel (by email). Letter regarding the date of hearing. Institute for Governance of Private and Public Organizations
2017-11-16 Correspondence received from, (Letter Form), Pierre Landry (by email). Letter regarding the date of hearing. Barreau du Québec
2017-11-10 Appellant's book of authorities, (Book Form), on Reply Factum, Completed on: 2017-11-10 Attorney General of British Columbia
2017-11-10 Reply factum on appeal, (Book Form), Completed on: 2017-11-10 Attorney General of British Columbia
2017-11-10 Appellant's book of authorities, (Book Form), on Reply Factum, Completed on: 2017-11-10 Attorney General of Canada
2017-11-10 Reply factum on appeal, (Book Form), English and French copies filed, Completed on: 2017-11-10 Attorney General of Canada
2017-11-08 Respondent's factum, (Book Form), English version; original factum rec'd 2017/10/27, Completed on: 2017-11-08 Attorney General of Quebec
2017-11-08 Order on motion for leave to intervene, by Justice Abella
2017-11-08 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Barreau du Québec and the Institute for Governance of Private and Public Organizations for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said two (2) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before December 19, 2017.
The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The Attorney General of Canada is permitted to serve and file a single factum not exceeding five (5) pages in reply to these two (2) interventions on or before January 15, 2018.
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 respondent any additional disbursements resulting from their interventions.
IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Ontario, the Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of Prince Edward Island, the Attorney General for Saskatchewan and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
Granted
2017-11-08 Submission of motion for leave to intervene, (2 motions), Abe
2017-11-06 Response to the motion for leave to intervene, Completed on: 2017-11-06 Attorney General of British Columbia
2017-10-30 Response to the motion for leave to intervene, Completed on: 2017-10-30 Attorney General of Canada
2017-10-27 Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2017-10-27 Attorney General of Quebec
2017-10-27 Respondent's factum, (Book Form), service to come - rec'd Oct.31/2017; English version rec'd 2017/11/08, Completed on: 2017-10-31 Attorney General of Quebec
2017-10-20 Certificate (on limitations to public access) Institute for Governance of Private and Public Organizations
2017-10-20 Notice of name Institute for Governance of Private and Public Organizations
2017-10-20 Motion for leave to intervene, (Book Form), Completed on: 2017-10-20, (Electronic version filed on 2017-10-20) Institute for Governance of Private and Public Organizations
2017-10-20 Notice of name Barreau du Québec
2017-10-20 Motion for leave to intervene, (Book Form), Completed on: 2017-10-26, (Electronic version filed on 2017-10-20) Barreau du Québec
2017-09-21 Appellant's book of authorities, (Book Form), Completed on: 2017-09-21 Attorney General of British Columbia
2017-09-21 Appellant's factum, (Book Form), Completed on: 2017-09-21 Attorney General of British Columbia
2017-08-25 Correspondence received from, (Letter Form), Explanation of the joint record. Attorney General of Canada
2017-08-25 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Canada
2017-08-25 Supplemental document, (Book Form), Table of Contents (Record) , Completed on: 2017-08-25 Attorney General of Canada
2017-08-25 Appellant's book of authorities, (Book Form), Completed on: 2017-08-25 Attorney General of Canada
2017-08-25 Appellant's record, (Book Form), (28 volumes), Joint record, Completed on: 2017-08-25 Attorney General of Canada
2017-08-25 Appellant's factum, (Book Form), 24 copies of the factum in English and French filed., Completed on: 2017-08-25 Attorney General of Canada
2017-08-09 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-08-09 Attorney General of Saskatchewan
2017-08-09 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-08-09 Attorney General of Nova Scotia
2017-08-09 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-08-09 Attorney General of Manitoba
2017-08-03 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2017-07-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-07-21 Attorney General of Prince Edward Island
2017-07-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-07-21 Attorney General of Alberta
2017-07-17 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-07-17 Attorney General of New Brunswick
2017-07-14 Notice of intervention respecting a constitutional question, (Letter Form), REVISED file on 2017-07-19., Completed on: 2017-07-14 Attorney General of Ontario
2017-07-12 Notice of constitutional question(s), (Letter Form), Served on all the Attorneys General on 2017-07-12. (Original copy rec'd Jul.24/17)., Completed on: 2017-07-12 Attorney General of Quebec
2017-07-05 Order on motion to directions, (BY MR. JUSTICE MOLDAVER)
2017-07-05 Decision on motion for directions, Mo, UPON APPLICATION by the Attorney General of Canada for an order for directions;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the Attorney General of Quebec and the Attorney General of British Columbia consent to the order;

IT IS HEREBY ORDERED THAT:
1. The Attorney General of Canada and the Attorney General of British Columbia shall be named as appellants and the Attorney General of Quebec shall be named as respondent in these appeals;
2. If the parties assert that the appeals raise constitutional questions, they are to serve and file a notice on any attorney general who is not already a party to the appeals within seven (7) days of this order;
3. The Attorney General of Canada shall serve and file a factum of up to fifty (50) pages and the joint record on or before August 25, 2017;
4. The Attorney General of British Columbia shall serve and file a factum of up to twenty-five (25) pages on or before September 22, 2017;
5. The Attorney General of Quebec shall serve and file a factum of up to sixty (60) pages on or before October 27, 2017;
6. The Attorney General of Canada and the Attorney General of British Columbia shall each serve and file a reply factum of up to five (5) pages on or before November 10, 2017, if necessary;
7. The attorneys general intervening in these appeals shall each serve and file their factum on or before November 24, 2017; and
8. Any person wishing to intervene in these appeals 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 October 20, 2017.
Granted
2017-07-05 Submission of motion for directions, Mo
2017-07-04 Correspondence received from, (Letter Form), Michael Conner (by email). Will not be intervening the appeals. Attorney General of Manitoba
2017-06-26 Response to motion for directions, (Letter Form), Completed on: 2017-06-26 Attorney General of Quebec
2017-06-23 Motion for directions, (Book Form), Completed on: 2017-06-23 Attorney General of Canada
2017-06-14 Letter acknowledging receipt of a notice of appeal
2017-06-14 Letter acknowledging receipt of a notice of appeal
2017-06-14 Letter acknowledging receipt of a notice of appeal
2017-06-12 Certificate (on limitations to public access) Attorney General of Quebec
2017-06-12 Notice of name Attorney General of Quebec
2017-06-09 Certificate (on limitations to public access) Attorney General of Canada
2017-06-09 Notice of name Attorney General of Canada
2017-06-09 Certificate (on limitations to public access) Attorney General of British Columbia
2017-06-09 Notice of appeal, (Letter Form), NOTICE OF APPEAL THREE, Completed on: 2017-06-09 Attorney General of Canada
2017-06-09 Notice of appeal, (Letter Form), NOTICE OF APPEAL TWO, Completed on: 2017-06-09 Attorney General of Quebec
2017-06-09 Notice of appeal, (Letter Form), NOTICE OF APPEAL ONE, Completed on: 2017-06-09 Attorney General of British Columbia