Case information
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22020
Her Majesty the Queen, as represented by the Dept.of Agriculture, et al. v. Robert Thomson
(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) |
|---|---|---|
| 1997-08-20 | Close file on Leave | |
| 1992-11-16 | Correspondence (sent by the Court) to, sent to Federal Court of Appeal (Ottawa,ON) Re: Court records sent back. | |
| 1992-04-21 | Appeal closed | |
| 1992-03-19 | Copy of formal judgment being prepared, I.G. Whitehall c/o Dept. of Justice (Ottawa,ON) | |
| 1992-03-19 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1992-03-19 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON) | |
| 1992-03-18 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1992-02-14 | Notice of deposit of judgment sent to all parties, I.G. Whitehall c/o Dept. of Justice (Ottawa,ON) | |
| 1992-02-14 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1992-02-14 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON) | |
| 1992-02-13 |
Judgment on the appeal rendered, LaF L'HD So G Co McL St, The appeal is allowed and the applications for certiorari and mandamus are denied, L'Heureux-Dubé J. dissenting. Allowed, no order as to costs |
|
| 1991-11-13 | General proceeding, transcripts received and distributed to the justices (96 pages) | |
| 1991-10-28 |
Hearing of the appeal, 1991-10-28, LaF L'HD So G Co McL St Decision reserved |
|
| 1991-10-25 | Service, of book of authorities | |
| 1991-10-24 | Book of authorities, 10 copies | Security Intelligence Review Committee |
| 1991-10-11 | Book of authorities, (JOINT) 10 copies of vol. I to IV | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-10-03 | Service, of the factum | |
| 1991-10-02 | Intervener's factum, 24 copies | Security Intelligence Review Committee |
| 1991-10-02 |
Appeal hearing scheduled, 1991-10-28 Decision reserved |
|
| 1991-09-10 | Respondent's factum, 21 copies, with service | Robert Thomson |
| 1991-05-30 | Order on motion for leave to intervene | |
| 1991-04-16 |
Decision on motion to expedite the appeal, of the case on appeal and the appellant's factum, Reg Granted, no order as to costs |
|
| 1991-04-16 | Hearing of motion to expedite the appeal, 1991-04-16, of the case on appeal and the appellant's factum, Reg | |
| 1991-04-16 | Submission of motion to expedite the appeal, 1991-04-16, of the case on appeal and the appellant's factum, Reg | |
| 1991-04-15 | Certified casebook, With service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-15 | Appeal court record, 1 box (with Trial) | |
| 1991-04-15 | Trial court record, 1 box | |
| 1991-04-15 | Appeal perfected for hearing, Session beginning on 1991-04-29, With service | |
| 1991-04-15 |
Decision on motion to expedite the appeal, of the case on appeal and the appellant's factum, Reg Granted, no order as to costs |
|
| 1991-04-15 | Hearing of motion to expedite the appeal, 1991-04-15, of the case on appeal and the appellant's factum, Reg | |
| 1991-04-15 | Submission of motion to expedite the appeal, 1991-04-15, of the case on appeal and the appellant's factum, Reg | |
| 1991-04-15 | Response to motion to expedite the appeal, With service | Robert Thomson |
| 1991-04-15 | Affidavit, of the case on appeal and the appellant's factum of Susan D. Clarke, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-15 | Motion to expedite the appeal, of the case on appeal and the appellant's factum, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-15 | Service, 1 copy of Case on Appeal, with service | |
| 1991-04-15 | Appellant's factum, 21 copies, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-15 | Response to motion to expedite the appeal, of Case on Appeal and Appellant's factum, with service | Robert Thomson |
| 1991-04-15 | Affidavit, of Case on Appeal and factum; Susan D. clarke, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-15 | Motion to expedite the appeal, of Case on Appeal and factum, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-12 | Case on appeal, 20 copies | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-04-12 | General proceeding, intervenant's memorandum of points of arguments (file in F.C.A.) | Security Intelligence Review Committee |
| 1991-04-12 |
Decision on the motion for leave to intervene, is reserved and later the same day the following is ordered." Leave to intervene on questions of the intervenants jurisdiction only. Oral argument is not to exceed 15 minutes., St Granted, no order as to costs |
|
| 1991-04-12 | Hearing of motion for leave to intervene, 1991-04-12, is reserved and later the same day the following is ordered." Leave to intervene on questions of the intervenants jurisdiction only. Oral argument is not to exceed 15 minutes., St | |
| 1991-04-12 | Submission of motion for leave to intervene, 1991-04-12, is reserved and later the same day the following is ordered." Leave to intervene on questions of the intervenants jurisdiction only. Oral argument is not to exceed 15 minutes., St | |
| 1991-04-12 | Service, of the affidavit of David J. Jewitt | |
| 1991-04-11 | Affidavit, by David J. Jewitt (previously with the firm of Nelligan Power councel for respondent) 3 copies | Security Intelligence Review Committee |
| 1991-04-10 | Correspondence (sent by the Court) to, 2 copies of submissions on motion to intervene of Security Intelligence Review Committee (to dismiss the intervention), with service | |
| 1991-03-21 | General proceeding, 1 copy of memorandum (factum), with service | Security Intelligence Review Committee |
| 1991-03-21 | Affidavit, Maurice Archdeacon, with service | Security Intelligence Review Committee |
| 1991-03-21 | Motion for leave to intervene, With service | Security Intelligence Review Committee |
| 1991-03-21 | General proceeding, Order of the Federal Court of Appeal, extending the time to file a Notice of Appeal to Feb. 27\91 | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-02-27 | Notice of appeal, With service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, I.G. Whitehall, Q.C. C/O Dept. of Justice (Ott,ON) | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, I.G. Whitehall, Q.C. C/O Dept. of Justice (Ott,ON) | |
| 1991-01-25 | Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa,ON) | |
| 1991-01-25 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-01-25 | Hearing of the application for leave to appeal, 1991-01-25, CJ So McL | |
| 1991-01-25 | All materials on application for leave submitted to the Judges, 1991-01-25, CJ So McL | |
| 1991-01-24 | General proceeding, to note memo from Claude Alain distributed to Justices Lamer, Sopinka and McLachlin (Re: Mr. Bruce S. Russell, will not be bringing a motion to strike after all. Consequently, Mr. Russell wishes to withdraw his previous request that the Court's decision | |
| 1991-01-24 | General proceeding, to note memorandum from A. Alain sent to Chief Justice Lamer, Mr. Justice Sopinka and Madame Justice McLachlin advising that Mr. Bruce S. Russell, informed us by telephone late yesterday afternoon that he will not be bringing a motion to strike after all. | |
| 1991-01-23 | Correspondence received from, from Bruce F. Russell re motion to strike out In Flux But Not In Crisis from Respondent's author ities | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1991-01-23 | General proceeding, to note faxed copy of a letter dated January 23, 1991 from Mr. Bruce S. Russell, copy of correspondence dated January 7 and January 9, 1991 addressed to Registrar from Mr. I.G. Whitehall, and the Registrars response dated January 11, 1991 concerning the i | |
| 1991-01-23 | Correspondence received from, (Memorandum) sent to Chief Justice Lamer, Mr. Justice Sopinka and Madame Justice McLachlin with copy of letter dated January 23, 1991 from Mr. Bruce S. Russell as well as corr. dated Jan 7 & Jan 9, 1991 from Mr. I.G. Whitehall, Q.C. and Mr. David J. Jewit | |
| 1991-01-11 | Correspondence received from, sent to Mr. I.G. Whitehall C/O Dept. of Justice (Ottawa,ON) advising him that his letter dated January 7, 1991 concerning the introduction of item 4 in the authorities filed by the Respondent has been received. Also received Mr. Jewitt's letter of Januar | |
| 1991-01-09 | Correspondence received from, from Mr. Jewitt in response to Mr. Whitehall's letter of January 7, 1991 (Re: If Applicant objects to a portion of the Respondent's material, the proper course of action is to bring a motion to ask that the material be varied or amended) | |
| 1991-01-07 | Correspondence received from, from I.G. Whitehall, Q.C. objecting item 4 in the authorities | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1990-12-28 | Book of authorities, 5 copies of vol. 2 | Robert Thomson |
| 1990-12-19 | Book of authorities, 5 copies, with service | Robert Thomson |
| 1990-12-19 | Respondent's response on the application for leave to appeal, 5 copies, with service | Robert Thomson |
| 1990-11-29 | Book of authorities, 5 copies, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1990-11-29 | General proceeding, 5 copies of AMENDED APPLICATION FOR LEAVE TO APPEA L (see order of Wilson J. dated Nov. 14), with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1990-11-21 | Affidavit, of Eduard J. Van Bemmel, with service | Robert Thomson |
| 1990-11-14 |
Decision on motion to extend time, "The respondent will have 20 days in which to respond to the refiled application.", W Granted, no order as to costs |
|
| 1990-11-14 | Hearing of motion to extend time, 1990-11-14, "The respondent will have 20 days in which to respond to the refiled application.", W | |
| 1990-11-14 | Submission of motion to extend time, 1990-11-14, "The respondent will have 20 days in which to respond to the refiled application.", W | |
| 1990-11-14 |
Decision on motion to strike out, W, the affidavits of John Jacques Noreau, John Reid Morden and Rodney F. Granger. The issue to be canvassed on the proposed appeal is essentially one of statutory interpretation and it is, of course entirely appropriate for counsel seeking leave to appeal to submit argument to the Courtseized of the leave application as to the consequences which flow from the interpretation put upon the statute by the Court appealed from in order to show that these consequences give rise to an issue of public importance. This is normally done through the factum and/or oral argument if such is requested by the court. Rule 23(1)(c)(ii) permits an affidavit to be filed in support of the leave application "if required". The record in this matter is before the Court and the issue appears very clearly from the Record, particularly from the judgments of the courts below. I am not pursuaded therefore that the affidavits of Rodney F. Grainger and John Reid Morden are "required" in order to assist the Court on the national importance issue. Moreover, the affidavits, in my view, cross that rather fine line between what goes to the merits of the leave application and what goes to the merits of the appeal itself. The affidavits of Rodney F. Gainger and John Reid Morden are accordingly directed to be stricken from the Application for Leave. The affidavit of Jean-Jacques Noreau is largely a history of litigation to date with the relevant exhibits attached. Although it to may not be strictly "required" within the meaning of rule 23, it will certainly be helpful to the Court on the leave application and I see nothing in it to which Mr. Jewitt can reasonably take objection. I therefore deny his request that it be struck. It should, however, be amended to reflect the proper style of cause. The applicant on the leave application will refile in accordance with the above direction and the respondent will have 20 days in wich to respond to the refiled application. The respondent request to file an extended memorandum in response is deneid. This within motion is allowed to the above extent. Referred, no order as to costs |
|
| 1990-11-14 | Hearing of motion to strike out, 1990-11-14, W | |
| 1990-11-14 | Submission of motion to strike out, 1990-11-14, W | |
| 1990-11-13 |
Hearing of motion to extend time, 1990-11-13, to serve and file a respondent's argument, with service Decision reserved |
|
| 1990-11-13 |
Submission of motion to extend time, 1990-11-13, to serve and file a respondent's argument, with service Decision reserved |
|
| 1990-11-13 |
Hearing of motion to strike out, 1990-11-13, the affidavits of John Jacques Noreau, John Reid Morden and Rodney F. Granger, Decision reserved |
|
| 1990-11-13 |
Submission of motion to strike out, 1990-11-13, the affidavits of John Jacques Noreau, John Reid Morden and Rodney F. Granger, Decision reserved |
|
| 1990-11-07 | Response to the motion to file a lengthy memorandum of argument | Robert Thomson |
| 1990-11-06 | Affidavit, of Steven J. Welchner, with service | Robert Thomson |
| 1990-11-06 | Affidavit, With service | Robert Thomson |
| 1990-11-06 | Motion to strike out, the affidavits of John Jacques Noreau, John Reid Morden and Rodney F. Grainger, with service | Robert Thomson |
| 1990-11-06 | Motion to extend time, to serve and file the respndent's argument., with service | Robert Thomson |
| 1990-10-22 | All materials on application for leave submitted to the Judges, W So McL | |
| 1990-07-18 | $30.00 filing fee, on Justice account | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1990-07-16 | Book of authorities, 5 copies | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1990-07-16 | Book of authorities, (STATUTORY) 5 copies VOL. II, with service | Her Majesty the Queen, as represented by the Dept.of Agriculture |
| 1990-07-16 | Application for leave to appeal, 5 copies VOL. I, with service, Completed on: 1990-07-16 | Her Majesty the Queen, as represented by the Dept.of Agriculture |
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 |
|---|---|---|
| Her Majesty the Queen, as represented by the Dept.of Agriculture | Applicant | Active |
| Minister of Agriculture | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Thomson, Robert | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Security Intelligence Review Committee | Intervener | Active |
Counsel
Party: Her Majesty the Queen, as represented by the Dept.of Agriculture
Counsel
Ivan G. Whitehall, Q.C.
Attorney General of Canada
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Party: Minister of Agriculture
Counsel
Ivan G. Whitehall, Q.C.
Attorney General of Canada
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Party: Thomson, Robert
Counsel
Sean T. McGee
Nelligan Power
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8232
FAX: (613) 788-3665
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8232
FAX: (613) 788-3665
Party: Security Intelligence Review Committee
Counsel
Sylvie Roussel
Simon Noël
Simon Noël
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Summary
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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.
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Lower court rulings
June 15, 1988
Federal Court of Canada, Trial Division
T-890-88
Federal Court of Canada, Trial Division
T-890-88
Application for a writ of certiorari and a writ of mandamus, denied
May 17, 1990
Federal Court of Appeal
A-748-88
Federal Court of Appeal
A-748-88
Appeal allowed; decision of the Trial Division, set aside; Resp.'s app. granted
Memorandums of argument on application for leave to appeal
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 filing 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.
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Factums on appeal
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.
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Date modified: 2025-05-13