Case information
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39614
Honorable Gérard Dugré v. Attorney General of Canada
(Federal) (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) |
|---|---|---|
| 2021-10-08 | Close file on Leave | |
| 2021-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-09-29 | Judgment on leave sent to the parties | |
| 2021-09-29 |
Judgment of the Court on the application for leave to appeal, La requête pour permission de joindre cinq (5) dossiers de la Cour d’appel fédérale est accueillie. La demande d’autorisation d’appel de l’arrêt de la Cour d’appel fédérale, numéros A 189 20, A 485 19, A 190 20, A 188 20 et A 484 19, 2021 CAF 8, daté du 20 janvier 2021, est rejetée. Le juge en chef Wagner et la juge Côté n’ont pas participé au jugement. Dismissed |
|
| 2021-09-29 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2021-08-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-16 | Submission of miscellaneous motion, for consideration by the Court | |
| 2021-07-05 | Correspondence received from, Notice for adding co-counsel | Honorable Gérard Dugré |
| 2021-05-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-08-13, (Printed version filed on 2021-05-27) | Honorable Gérard Dugré |
| 2021-05-20 | Response to miscellaneous motion, (Letter Form), Motion to join, Completed on: 2021-08-13, (Printed version due on 2021-05-28) | Attorney General of Canada |
| 2021-05-20 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-05-28) | Attorney General of Canada |
| 2021-05-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-08-13, (Printed version due on 2021-05-28) | Attorney General of Canada |
| 2021-04-28 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2021-04-23 | Correspondence received from, (Letter Form), Frédérick Langlois is the agent for the applicant., (Printed version due on 2021-04-30) | Honorable Gérard Dugré |
| 2021-03-19 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), (Printed version filed on 2021-03-23) | Honorable Gérard Dugré |
| 2021-03-19 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-03-23) | Honorable Gérard Dugré |
| 2021-03-19 |
Notice of miscellaneous motion, (Book Form), Motion to Join Missing: Filing Fee (rec'd 2021-05-06), Completed on: 2021-05-06, (Printed version filed on 2021-03-23) |
Honorable Gérard Dugré |
| 2021-03-19 | Application for leave to appeal, (Book Form), Missing: Filing Fee (rec'd 2021-05-04), Completed on: 2021-05-04, (Printed version filed on 2021-03-23) | Honorable Gérard Dugré |
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 |
|---|---|---|
| Honorable Gérard Dugré | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Honorable Gérard Dugré
Counsel
Camille Vignaud
André Joli-Cœur
1, boul. René-Lévesque Est, 2e étage Est
Montréal, Quebec
H2X 3Z5
Telephone: (514) 798-0869
FAX: (514) 660-5061
Email: mf@fournier.legal
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 7224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Attorney General of Canada
Counsel
Bernard Letarte
200, boul. René-Lévesque Ouest, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8733
FAX: (514) 496-7876
Email: liliane.bruneau@justice.gc.ca
Agent
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Administrative law ? Judicial review ? Doctrine of prematurity ? Applications for judicial review of administrative decisions made at preliminary stages of process of dealing with complaints filed with Canadian Judicial Council ? Given inconsistencies in case law and irreparable harm caused by them, what are circumstances in which doctrine of prematurity in Canadian administrative law must be applied ? Whether courts can apply doctrine on their own initiative and without considering irreparable harm that is caused to litigant even when litigant is ultimately successful on merits.
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.
The applicant, the Honourable Gérard Dugré, has been a judge of the Quebec Superior Court since January 2009. Complaints about him were filed with the Canadian Judicial Council. In general terms, the complaints concerned the failure by the applicant to render decisions in a timely manner as well as certain comments or statements that were considered inappropriate in the hearing context. The applicant filed five applications for judicial review of administrative decisions made during the various steps leading to an inquiry by the Inquiry Committee that may be formed by the Canadian Judicial Council under s. 63(3) of the Judges Act, R.S.C. 1985, c. J 1. The respondent, the Attorney General of Canada, filed motions to strike out each of the five applications for judicial review, mainly on the ground that they were all premature given the remedial recourses available through the administrative process itself. The Federal Court rendered two decisions on the motions to strike. In files T 1622 19 and T 1637 19, the Federal Court ordered that the notices of judicial review be struck out without leave to amend. In files T 1818 19, T 2010 19 and T 450 20, the Federal Court allowed the application to strike out the applications for judicial review that had been filed. The Federal Court of Appeal summarily dismissed the five appeals.
Lower court rulings
Federal Court
2019 CF 1604, T-1622-19, T-1637-19
Notices of application for judicial review (files T 1622 19 and T 1637 19) struck out without leave to amend
Federal Court of Appeal
2021 CAF 8, A-189-20; A-485-19;, A-190-20; A-188-20;, A-484-19
Appeals 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.
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Downloadable PDFs
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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
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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
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