Case information
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29525
Her Majesty the Queen in Right of Alberta, et al. v. Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis
(Alberta) (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) |
|---|---|---|
| 2005-09-08 | Record returned to the Registrar of the Court of Appeal | |
| 2005-08-02 | Appeal closed | |
| 2005-07-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-07-22 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Alberta (Calgary), Number 01-00464, dated November 22, 2002, heard on November 9, 2004, is allowed with costs throughout. Allowed, costs in this Court and courts below |
|
| 2004-11-29 | Transcript received, (266 pages) | |
| 2004-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2004-11-09 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2004-11-09 |
Hearing of the appeal, 2004-11-09, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-11-09 | Respondent's condensed book, 14 copies - recvd in court. | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-11-09 | Appellant's condensed book, 14 copies - recvd in court | Her Majesty the Queen in Right of Alberta |
| 2004-11-05 | Supplemental document, amendment to par. 111 of the respondents' factum (sent to the Court 11/08/04) | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-11-04 | Notice of appearance, Louis Masson, Michel Paradis and Valerie Jordi will be present at the hearing. | Federation of Law Societies of Canada |
| 2004-11-04 | Notice of appearance, C. Michael Mitchell and Steven M. Barrett seront present at the hearing. | Ontario Conference of Judges |
| 2004-11-03 | Order on motion to extend time | |
| 2004-11-03 |
Decision on motion to extend time, to serve and file the intervener, A.G. Sask., factum and joint book of authoriites to Oct. 8/04 and to present 15 minutes of oral argument at the hearing of this appeal., Ma Granted |
|
| 2004-11-03 | Submission of motion to extend time, Ma | |
| 2004-11-03 | Notice of appearance, Janet Minor, Sean Hanley and Arif Virani will be present at the hearing. | Attorney General of Ontario |
| 2004-11-02 | Response to motion to extend time, e-mail from Gowlings dated 11/02/04, Completed on: 2004-11-02 | Her Majesty the Queen in Right of Alberta |
| 2004-11-01 |
Order by, LeB, UPON APPLICATION by the Federation of Law Societies of Canada for leave to intervene in the above appeals and pursuant to the order of October 26, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes in total at the hearing of these appeals. Granted |
|
| 2004-10-29 | Intervener's factum, (joint with 30477, 30006, 30148), Completed on: 2004-10-29 | Federation of Law Societies of Canada |
| 2004-10-28 | Notice of appearance, Pierre Bienvenu and Azim Hussain will be present at the hearing. Letter recvd Nov 8th advising that Mr. Hussain will not be present. | Canadian Superior Courts Judges Association |
| 2004-10-28 | Notice of appearance, George Copley and Jennifer Button will be present at the hearing. | Attorney General of British Columbia |
| 2004-10-27 | Correspondence received from, Miche Gagné - re: allocated time for oral argument. | Conférence des juges du Québec |
| 2004-10-27 | Notice of appearance, Paul B. Schabas and Catherine Beagan Flood will be present at hearing. | Association of Justices of the Peace of Ontario |
| 2004-10-27 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated 10/27/04, Completed on: 2004-10-27 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-10-26 | Notice of appearance, Graeme G. Mitchell, Q.C. will be present at the hearing. | Attorney General of Saskatchewan |
| 2004-10-26 | Notice of appearance, Phyllis A. Smith, Q.C., Scott Chen and Kurt Sandstrom will be present at hearing. | Her Majesty the Queen in Right of Alberta |
| 2004-10-26 | Notice of appearance, Gaétan Migneault and Nancy Forbes will be present at hearing. | Attorney General of New Brunswick |
| 2004-10-26 | Response to the motion for leave to intervene, (Letter Form), from Phyllis A. Smith dated 10/25/04, Completed on: 2004-10-26 | Her Majesty the Queen in Right of Alberta |
| 2004-10-26 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-10-26 |
Decision on the motion for leave to intervene, LeB, The motion for an extension of time to apply for leave to intervene and the motion for leave to intervene of the applicant, Federation of Law Societies of Canada, are granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before November 1, 2004. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2004-10-26 | Submission of motion for leave to intervene, LeB | |
| 2004-10-26 |
Decision on motion to extend time, to apply for leave to intervene on behalf of Federation of Law Societies of Canada, LeB Granted |
|
| 2004-10-26 | Submission of motion to extend time, LeB | |
| 2004-10-25 | Correspondence received from, E.J. Van Bemmel re: enclosing Tab 13 of Appellants' Book of Authorities filed on Jan. 18/04 and missing a few pages (sent to the judges Oct. 27/04) | Her Majesty the Queen in Right of Alberta |
| 2004-10-25 | Notice of appearance, Raynold Langlois and Chantal Chatelain will be present at hearing. | Conférence des juges du Québec |
| 2004-10-25 | Notice of appearance, Robert J. Frater and Anne M. Turley will be present at hearing. | Attorney General of Canada |
| 2004-10-20 | Motion to extend time, to file the motion to intervene du Oct. 20, 2004 (joint), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-20 | Motion for leave to intervene, (joint with 30477, 30006, 30148), Completed on: 2004-10-26 | Federation of Law Societies of Canada |
| 2004-10-13 | Notice of appearance, Robert Maybank is no longer acting as counsel, Kurt Sandstrom and Scott Chen will be present at hearing. | Her Majesty the Queen in Right of Alberta |
| 2004-10-12 | Motion to extend time, to file its factum and authorities to 10/08/04, Completed on: 2004-10-12 | Attorney General of Saskatchewan |
| 2004-10-12 | Correspondence received from, Marie-France Major dated 10/08/04 re: is agent for the interveners Can. Ass. of Provincial Court Judges and Conférence des juges du Québec | Conférence des juges du Québec |
| 2004-10-08 | Book of authorities, (joint with 30006), Completed on: 2004-10-08 | Attorney General of Saskatchewan |
| 2004-10-08 | Intervener's factum - AG on constitutional question, Completed on: 2004-10-08 | Attorney General of Saskatchewan |
| 2004-10-01 | Correspondence received from, P.A. Smith dated Sept. 22/04 re: enclosing an Amended Certificate of Judgment requested by the Court (sent to the judges Oct. 8/04) | Her Majesty the Queen in Right of Alberta |
| 2004-09-28 |
Notice of appearance, from Andrea N. Mackay advising that they will be unable to present oral arguments at the hearing. |
Judicial Justice of the Peace Association of British Columbia |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-15 |
Appeal hearing scheduled, 2004-11-09, (previously Feb. 10/04 - May 19/04 - June 16/04) Judgment reserved |
|
| 2004-06-28 |
Order by, (BY LEBEL J.), LeB, UPON APPLICATIONS by the Canadian Superior Courts Judges Association, la Conférence des juges du Québec, the Canadian Association of Provincial Court Judges, the Ontario Conference of Judges, the Judicial Justice of the Peace Association of British Columbia and the Association of Justices of the Peace of Ontario, for leave to intervene in the above appeal pursuant to the order of March 9, 2004; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-06-25 | Book of authorities, Completed on: 2004-06-25 | Attorney General of Canada |
| 2004-06-25 | Intervener's factum - AG on constitutional question, Completed on: 2004-06-25 | Attorney General of Canada |
| 2004-06-25 | Intervener's factum - AG on constitutional question, Completed on: 2004-06-25 | Attorney General of Ontario |
| 2004-06-25 | Intervener's factum, Completed on: 2004-06-25 | Ontario Conference of Judges |
| 2004-06-25 | Book of authorities, Completed on: 2004-06-25 | Canadian Superior Courts Judges Association |
| 2004-06-25 | Intervener's factum, Completed on: 2004-06-25 | Canadian Superior Courts Judges Association |
| 2004-06-23 | Book of authorities, (Service rec'd June 28/04), Completed on: 2004-07-06 | Attorney General of Quebec |
| 2004-06-23 | Intervener's factum - AG on constitutional question, (Service rec'd June 28/04), Completed on: 2004-07-06 | Attorney General of Quebec |
| 2004-06-18 | Book of authorities, Completed on: 2004-06-18 | Attorney General of British Columbia |
| 2004-06-18 | Intervener's factum - AG on constitutional question, Completed on: 2004-06-18 | Attorney General of British Columbia |
| 2004-06-16 | Notice of withdrawal | Attorney General of Manitoba |
| 2004-05-21 | Book of authorities, (Vol. I, II), Completed on: 2004-05-21 | Association of Justices of the Peace of Ontario |
| 2004-05-21 | Intervener's factum, Completed on: 2004-05-21 | Association of Justices of the Peace of Ontario |
| 2004-05-14 | Intervener's factum, Completed on: 2004-05-14 | Judicial Justice of the Peace Association of British Columbia |
| 2004-05-11 | Order on motion to extend time | |
| 2004-05-11 |
Decision on motion to extend time, LeB, The motion of the intervener, Canadian Superior Courts Judges Association, to serve and file its factum and book of authorities to June 25, 2004, is granted. The motion of the intervener, Judicial Justice of the Peace Association of British Columbia, to serve and file its factum and book of authorities to May 14, 2004, is granted. The motion of the intervener, Ontario Conference of Judges, to serve and file its factum and book of authorities to June 25, 2004, is granted. The motion of the intervener, Association of Justices of the Peace of Ontario, to serve and file its factum and book of authorities to May 21, 2004, is granted. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. Granted |
|
| 2004-05-11 | Submission of motion to extend time, LeB | |
| 2004-05-10 | Response to motion to extend time, (Letter Form), from R. Maybank to O.C.J. and J.J.P.A.B.C. (by e-mail), Completed on: 2004-05-10 | Her Majesty the Queen in Right of Alberta |
| 2004-05-05 | Response to motion to extend time, from K. Collins to Ont. Conf. of Judges and Assoc. of Justice of the Peace of Ontario's motions (by e-mail), Completed on: 2004-05-05 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-05-05 | Response to motion to extend time, Completed on: 2004-05-05 | Her Majesty the Queen in Right of Alberta |
| 2004-05-04 | Book of authorities, (Vol. I, II) Joint, Completed on: 2004-05-04 | Conférence des juges du Québec |
| 2004-05-04 | Intervener's factum, Completed on: 2004-05-04 | Canadian Association of Provincial Court Judges |
| 2004-05-04 | Intervener's factum, Completed on: 2004-05-04 | Conférence des juges du Québec |
| 2004-05-04 | Motion to extend time, to serve and file the factum and book of authorities to May 21/04 and to present oral argument, Completed on: 2004-05-04 | Association of Justices of the Peace of Ontario |
| 2004-05-03 | Correspondence received from, S. Barrett re: requesting further extension for OCJ to June 25/04 (by fax) | Ontario Conference of Judges |
| 2004-04-30 | Respondent's book of authorities, (Vol. I, II, III), Completed on: 2004-04-30 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-30 | Respondent's factum, Completed on: 2004-04-30 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-30 | Response to motion to extend time, (Letter Form), from K. Collins (to J.J.P.A.B.C.) (by e-mail), Completed on: 2004-04-30 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-30 | Response to motion to extend time, (Letter Form), from K. Collins (to C.S.C.J.A.) (by e-mail), Completed on: 2004-04-30 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-30 | Response to motion to extend time, (Letter Form), from R.C. Maybank, Q.C. (by fax) (to C.S.C.J.A.), Completed on: 2004-04-30 | Her Majesty the Queen in Right of Alberta |
| 2004-04-29 | Motion to extend time, to serve and file the factum and book of authorities to May 14/04 and to present oral argument (book form), Completed on: 2004-04-29 | Ontario Conference of Judges |
| 2004-04-29 | Motion to extend time, to serve and file the factum and book of authorities to May 14/04 and present oral argument, Completed on: 2004-04-29 | Judicial Justice of the Peace Association of British Columbia |
| 2004-04-29 | Order on motion to extend time | |
| 2004-04-29 |
Decision on motion to extend time, Ia, to serve and file the factum and book of authorities of the A.G. Manitoba, the A.G. British Columbia to June 18/04; of the A.G. Québec and A.G. Ontario to June 25/04; and to present oral argument at the hearing of the appeal Granted |
|
| 2004-04-29 | Submission of motion to extend time, Ia | |
| 2004-04-29 | Motion to extend time, to serve and file the factum and book of authorities to June 25/04, Completed on: 2004-04-29 | Canadian Superior Courts Judges Association |
| 2004-04-29 | Response to motion to extend time, from Gowlings rec'd by email, Completed on: 2004-04-29 | Her Majesty the Queen in Right of Alberta |
| 2004-04-28 | Correspondence received from, Berardino & Harris (by fax) re: confirming Osler, Hoskin & Harcourt to act as Ottawa Agent | Judicial Justice of the Peace Association of British Columbia |
| 2004-04-28 | Response to motion to extend time, from Gowlings rec'd by email (consent to A.G.Q.), Completed on: 2004-04-28 | Her Majesty the Queen in Right of Alberta |
| 2004-04-28 | Response to motion to extend time, from Burke-Robertson rec'd by email (response to A.G.Q.), Completed on: 2004-04-28 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-28 | Response to motion to extend time, from Burke-Robertson rec'd by email (response to A.G.O.), Completed on: 2004-04-28 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-27 | Response to motion to extend time, from Burke-Robertson rec'd by email (response to A.G.M.), Completed on: 2004-04-27 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-27 | Motion to extend time, Incomplete | Attorney General of Ontario |
| 2004-04-20 | Response to motion to extend time, e-mail from Gowlings dated 04/20/04 (to A.G.B.C.), Completed on: 2004-04-20 | Her Majesty the Queen in Right of Alberta |
| 2004-04-19 | Book of authorities, Completed on: 2004-04-19 | Attorney General of New Brunswick |
| 2004-04-19 | Intervener's factum - AG on constitutional question, Completed on: 2004-04-19 | Attorney General of New Brunswick |
| 2004-04-16 | Motion to extend time, to file the factum and book of authorities to 06/25/04, Completed on: 2004-04-16 | Attorney General of Quebec |
| 2004-04-15 | Response to motion to extend time, (Letter Form), from Sheila Martin, Q.C. dated 04/14/04 (to AG.B.C.), Completed on: 2004-04-15 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-04-14 | Motion to extend time, to file his factum to 06/18/04, Completed on: 2004-04-14 | Attorney General of British Columbia |
| 2004-04-07 | Response to motion to extend time, (Letter Form), from Gowlings (e-mail) dated April 7, 2004 re: Manitoba's motion, Completed on: 2004-04-07 | Her Majesty the Queen in Right of Alberta |
| 2004-03-30 | Motion to extend time, to file its factum to June 18, 2004, Completed on: 2004-03-30 | Attorney General of Manitoba |
| 2004-03-17 |
Decision on motion to extend time, to serve and file the intervener A.G. Cda's factum and book of authorities to June 25/04, Reg Granted |
|
| 2004-03-17 | Submission of motion to extend time, Reg | |
| 2004-03-15 | Response to motion to extend time, (Letter Form), from Burke-Robertson dated March 15, 2004 (via e-mail) re: motion by A.G. Canada, Completed on: 2004-03-15 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-03-09 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-03-09 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the Canadian Superior Courts Judges Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, la Conférence des juges du Québec, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length . The motion for leave to intervene of the applicant, the Canadian Association of Provincial Court Judges, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Ontario Conference of Judges, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Judicial Justice of the Peace Association of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Association of Justices of the Peace of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. 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 shall not be 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) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2004-03-09 | Appeal perfected for hearing | |
| 2004-03-08 | Submission of motion for leave to intervene, LeB | |
| 2004-03-03 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated 03/03/04, Completed on: 2004-03-03 | Her Majesty the Queen in Right of Alberta |
| 2004-03-03 | Motion to extend time, to file the A.G. of Canada's factum and authorities to 06/25/04, Completed on: 2004-03-03 | Attorney General of Canada |
| 2004-03-03 | Reply to the motion for leave to intervene, (Letter Form), A. Mackay dated March 2, 2004 (fax copy), Completed on: 2004-03-03 | Judicial Justice of the Peace Association of British Columbia |
| 2004-02-26 | Order on motion to extend time | |
| 2004-02-26 |
Decision on motion to extend time, to serve and file the respondents' factum and book of authorities to Apr. 30/04, Reg Granted |
|
| 2004-02-26 | Submission of motion to extend time, Reg | |
| 2004-02-26 | Response to motion to extend time, e-mail from Gowlings dated 02/26/04, Completed on: 2004-02-26 | Her Majesty the Queen in Right of Alberta |
| 2004-02-25 | Reply to the motion for leave to intervene, (Letter Form), from P. Schabas dated Feb. 24/04 (by fax) re: to the Appellants' response, Completed on: 2004-02-25 | Association of Justices of the Peace of Ontario |
| 2004-02-25 | Reply to the motion for leave to intervene, (Letter Form), P. Bienvenu (by fax) re: to the Appellants' response, Completed on: 2004-02-25 | Canadian Superior Courts Judges Association |
| 2004-02-25 | Response to the motion for leave to intervene, (Letter Form), from P.A. Smith, Q.C. (by fax) re: in response to the six motions to intervene, Completed on: 2004-02-25 | Canadian Superior Courts Judges Association |
| 2004-02-25 | Motion to extend time, to serve and file the factum and book of authorities to April 30/04 and to present oral argument, Completed on: 2004-02-25 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-02-24 | Reply to the motion for leave to intervene, (Letter Form), C. M. Mitchell dated Feb. 23/04 (by fax) re: to the Appellants' response, Completed on: 2004-02-24 | Ontario Conference of Judges |
| 2004-02-23 | Reply to the motion for leave to intervene, (Letter Form), from C. Chatelain (by fax) re: to the Appellants' response, Completed on: 2004-02-23 | Conférence des juges du Québec |
| 2004-02-19 | Correspondence received from, A.D. Hunter dated Feb. 18/04 (by fax) re: post-ponement of the appeal and will file an extension of time to file his factum | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-02-19 | Correspondence received from, Burke-Robertson (by fax) re: A. Hunter's position to post-ponement of the hearing | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-02-18 | Response to the motion for leave to intervene, Completed on: 2004-02-18 | Her Majesty the Queen in Right of Alberta |
| 2004-02-10 | Response to the motion for leave to intervene, Completed on: 2004-02-10 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-02-06 | Motion to extend time, to file the motion to intervene to Feb. 6, 2004 (joint), Completed on: 2004-02-06 | Association of Justices of the Peace of Ontario |
| 2004-02-06 | Motion for leave to intervene, (book form)(joint with extension), Completed on: 2004-02-06 | Association of Justices of the Peace of Ontario |
| 2004-02-04 | Motion for leave to intervene, (affidavit in black folder) - fax copy - (original received on Feb. 6, 2004), Completed on: 2004-02-06 | Judicial Justice of the Peace Association of British Columbia |
| 2004-02-04 | Motion for leave to intervene, book form, Completed on: 2004-02-04 | Ontario Conference of Judges |
| 2004-02-04 | Motion for leave to intervene, book form, Completed on: 2004-02-04 | Conférence des juges du Québec |
| 2004-02-04 | Motion for leave to intervene, book form, Completed on: 2004-02-04 | Canadian Association of Provincial Court Judges |
| 2004-02-03 | Motion for leave to intervene, (book form), Completed on: 2004-02-03 | Canadian Superior Courts Judges Association |
| 2004-01-21 | Respondent's record, (Vol. 1 to 8 - rec'd 14 copies of Vol. 1), Completed on: 2004-01-21 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2004-01-08 | Appellant's book of authorities, Completed on: 2004-01-08 | Her Majesty the Queen in Right of Alberta |
| 2004-01-08 | Appellant's factum, Completed on: 2004-01-08 | Her Majesty the Queen in Right of Alberta |
| 2003-12-12 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2003-12-12 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2003-12-11 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2003-12-11 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2003-12-11 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 2003-12-08 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2003-12-02 | Appellant's record, (Volumes I and II), Completed on: 2003-12-02 | Her Majesty the Queen in Right of Alberta |
| 2003-12-02 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2003-11-14 | Notice of constitutional question(s), 1 copy (service on Nov. 14, 2003) | Her Majesty the Queen in Right of Alberta |
| 2003-11-04 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2003-11-04 |
Decision on the motion to state a constitutional question, CJ, 1. Do ss. 2(a), 2(f) and 2(g) of Alberta Order in Council 174/2000 interfere with the financial security of sitting Justices of the Peace and thereby violate the principle of judicial independence guaranteed by the preamble of the Constitution Act, 1867? 2. Do ss. 2(a), 2(f) and 2(g) of Alberta Order in Council 174/2000 interfere with the financial security of sitting Justices of the Peace and thereby violate the principle of judicial independence guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms? 3. If the answer to question 2 is in the affirmative, do ss. 2(a), 2(f) and 2(g) of Alberta Order in Council 174/2000 constitute 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? 4. Do ss. 2(a), 2(f) and 2(g) of the Alberta Order in Council 174/2000 interfere with the financial security of presiding Justices of the Peace and thereby violate the principle of judicial independence guaranteed by the preamble of the Constitution Act, 1867? Granted |
|
| 2003-10-28 | Order issued on motion for a stay of execution, (BY FISH J.) | |
| 2003-10-28 |
Decision on the motion for a stay of execution, F, UPON APPLICATION by the appellants for an order staying proceedings with respect to the judgment now under appeal, namely the judgment of the Alberta Court of Appeal (Côté J.A. dissenting in part) dated November 22, 2002, pending the disposition of this appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion for a stay is granted. Granted |
|
| 2003-10-27 | Submission of motion for a stay of execution, F | |
| 2003-10-22 | Supplemental document, 6 copies of reasons for judgments of C.A. dated March 31, 2003 and Jan. 22, 2002 re: stay | Her Majesty the Queen in Right of Alberta |
| 2003-10-17 | Reply to motion for a stay of execution, Completed on: 2003-10-22 | Her Majesty the Queen in Right of Alberta |
| 2003-10-14 | Correspondence received from, H. Brown dated Oct. 10, 2003 (fax copy) re: will be filing a reply by Oct. 17, 2003 | Her Majesty the Queen in Right of Alberta |
| 2003-10-06 | Submission of motion to state a constitutional question, CJ | |
| 2003-10-06 | Submission of motion to state a constitutional question, CJ | |
| 2003-10-03 | Response to the motion for a stay of execution, book form, Completed on: 2003-10-20 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2003-09-23 | Motion for a stay of execution, book form, Completed on: 2003-09-23 | Her Majesty the Queen in Right of Alberta |
| 2003-09-08 | Reply to the motion to state a constitutional question, (Letter Form), from H. Brown dated Sept. 8, 2003, Completed on: 2003-09-10 | Her Majesty the Queen in Right of Alberta |
| 2003-08-05 | Appeal court record, (3 boxes - joint with Trial Court record) | |
| 2003-07-23 | Response to the motion to state a constitutional question, (Letter Form), from A. Hunter dated July 22, 2003 (fax copy), Completed on: 2003-07-23 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2003-06-13 | Motion to state a constitutional question, Completed on: 2003-06-13 | Her Majesty the Queen in Right of Alberta |
| 2003-06-13 | Notice of appeal, Completed on: 2003-06-13 | Her Majesty the Queen in Right of Alberta |
| 2003-06-09 | Correspondence received, R. P. Lee (by fax) re: does not need to be included in further correspondence - retired party | |
| 2003-05-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-05-20 | Judgment on leave sent to the parties | |
| 2003-05-15 |
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 Alberta (Calgary), Number 01-00464, dated November 22, 2002, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-03-10 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-02-20 | Correspondence received from, K. L. Collins dated Feb. 19/03 re: enclosing copy of replaced p. 7 of the Response with service | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2003-02-13 | General proceeding, (Letter Form), Discontinuance of Action against Mr Lee, he is no longer a party to this action. | Her Majesty the Queen in Right of Alberta |
| 2003-02-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2003-01-27 | Applicant's reply to respondent's argument, Completed on: 2003-01-27 | Her Majesty the Queen in Right of Alberta |
| 2003-01-20 | Respondent's response on the application for leave to appeal, (p. 7 replaced Feb. 20/03 with admission of service), Completed on: 2003-01-20 | Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis |
| 2002-12-18 | Book of authorities | Her Majesty the Queen in Right of Alberta |
| 2002-12-18 | Application for leave to appeal, signed judgments rec'd Feb. 18, 2003, Completed on: 2003-02-19 | Her Majesty the Queen in Right of Alberta |
| 2002-12-10 | General proceeding, copy of the Court of Appeal reasons | Her Majesty the Queen in Right of Alberta |
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 in Right of Alberta | Appellant | Active |
| The Lieutenant Governor in Council | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of New Brunswick | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Canadian Superior Courts Judges Association | Intervener | Active |
| Ontario Conference of Judges | Intervener | Active |
| Conférence des juges du Québec | Intervener | Active |
| Canadian Association of Provincial Court Judges | Intervener | Active |
| Association of Justices of the Peace of Ontario | Intervener | Active |
| Judicial Justice of the Peace Association of British Columbia | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of Alberta
Counsel
Phyllis A. Smith, Q.C.
Robert Maybank
Scott Chen
Kurt Sandstrom
Robert Maybank
Scott Chen
Kurt Sandstrom
Emery Jamieson
1700, 10235 - 101 St
Edmonton, Alberta
T5J 3G1
Telephone: (780) 426-5220
FAX: (780) 420-6277
Email: psmith@emeryjamieson.com
1700, 10235 - 101 St
Edmonton, Alberta
T5J 3G1
Telephone: (780) 426-5220
FAX: (780) 420-6277
Email: psmith@emeryjamieson.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: The Lieutenant Governor in Council
Counsel
Phyllis A. Smith, Q.C.
Emery Jamieson
1700, 10235 - 101 St
Edmonton, Alberta
T5J 3G1
Telephone: (780) 426-5220
FAX: (780) 420-6277
Email: psmith@emeryjamieson.com
1700, 10235 - 101 St
Edmonton, Alberta
T5J 3G1
Telephone: (780) 426-5220
FAX: (780) 420-6277
Email: psmith@emeryjamieson.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Chereda Bodner, Robert Philp, Timothy Stonehouse, William Martin, Waldo B. Ranson, Glenn Morrison, Q.C., Johnathan H.B. Moss, David M. Duggan, Mark W. Gruman, Partrick McIlhargy, John R. Shaw and Gregory Francis
Counsel
Alan D. Hunter, Q.C.
S. L. Martin, Q.C.
S. L. Martin, Q.C.
Code Hunter LLP
850, 440 -2 Avenue
Calgary, Alberta
T2P 5E9
Telephone: (403) 234-9800
FAX: (403) 261-2054
Email: alan.hunter@codehunterllp.com
850, 440 -2 Avenue
Calgary, Alberta
T2P 5E9
Telephone: (403) 234-9800
FAX: (403) 261-2054
Email: alan.hunter@codehunterllp.com
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of New Brunswick
Counsel
Gaétan Migneault
Attorney General of New Brunswick
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Saskatchewan
Counsel
Graeme G. Mitchell, Q.C.
Attorney General for Saskatchewan
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Janet E. Minor
Sean Hanley
Arif Virani
Sean Hanley
Arif Virani
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
George H. Copley, Q.C.
Jennifer Button
Jennifer Button
Attorney General of British Columbia
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Canada
Counsel
Brian J. Saunders
Anne M. Turley
Robert J. Frater
Anne M. Turley
Robert J. Frater
Attorney General of Canada
Department of Justice
1148 - 234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4865
FAX: (613) 954-1920
Email: brian.saunders@justice.gc.ca
Department of Justice
1148 - 234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4865
FAX: (613) 954-1920
Email: brian.saunders@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Quebec
Counsel
Claude-Armand Sheppard
Claude-Armand Sheppard
Annick Bergeron
Claude-Armand Sheppard
Annick Bergeron
Robinson Sheppard Shapiro
4700 - 800 Place Victoria
CP 322 Succ Tour de la Bourse
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
4700 - 800 Place Victoria
CP 322 Succ Tour de la Bourse
Montréal, Quebec
H4Z 1H6
Telephone: (514) 878-2631
FAX: (514) 878-1865
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Canadian Superior Courts Judges Association
Counsel
L. Yves Fortier, c.r.
Pierre Bienvenu
Azim Hussain
Pierre Bienvenu
Azim Hussain
Ogilvy Renault
1100 - 1981 Ave. McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
1100 - 1981 Ave. McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
Sally A. Gomery
Ogilvy Renault
1600 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
1600 - 45, O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Ontario Conference of Judges
Counsel
C. Michael Mitchell
Steven M. Barrett
Steven M. Barrett
Sack Goldblatt Mitchell
20 Dundas Street W., Suite 1130
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
20 Dundas Street W., Suite 1130
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Conférence des juges du Québec
Counsel
Raynold Langlois, c.r.
Chantal Chatelain
Chantal Chatelain
Langlois Kronström Desjardins
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: raynold.langlois@lkdnet.com
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: raynold.langlois@lkdnet.com
Agent
Marie-France Major
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Canadian Association of Provincial Court Judges
Counsel
Raynold Langlois, c.r.
Chantal Chatelain
Chantal Chatelain
Langlois Kronström Desjardins
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: raynold.langlois@lkdnet.com
1002, rue Sherbrooke O
28e étage
Montréal, Quebec
H3A 3L6
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: raynold.langlois@lkdnet.com
Agent
Marie-France Major
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Association of Justices of the Peace of Ontario
Counsel
Paul B. Schabas
Catherine Beagan Flood
Catherine Beagan Flood
Blake, Cassels & Graydon LLP
PO Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
PO Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
Gordon K. Cameron
Blake, Cassels & Graydon LLP
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
World Exchange Plaza
20th Floor, 45 O'Connor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2222
FAX: (613) 788-2247
Email: gord.cameron@blakes.com
Party: Judicial Justice of the Peace Association of British Columbia
Counsel
William S. Berardino, Q.C.
Andrea N. Mackay
Andrea N. Mackay
Berardino & Harris
14 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 647-4557
FAX: (604) 647-4554
14 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 3C9
Telephone: (604) 647-4557
FAX: (604) 647-4554
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Federation of Law Societies of Canada
Counsel
Louis Masson
Joli-Coeur, Lacasse, Geoffrion, Jetté, Saint-Pierre
600 - 1134, chemin St-Louis
Sillery, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: louis.masson@jolicoeurlacasse.com
600 - 1134, chemin St-Louis
Sillery, Quebec
G1S 1E5
Telephone: (418) 681-7007
FAX: (418) 681-7100
Email: louis.masson@jolicoeurlacasse.com
Agent
Richard Gaudreau
Bergeron, Gaudreau, Laporte
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Summary
Keywords
None.
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 following facts were taken from the judgment of the Alberta Court of Appeal. Alberta established a Commission to make recommendations for salary and benefits for Justices of the Peace for the period April 1, 1998 to March 31, 2003. The terms and objectives of the Commission were set out in Order in Council 2/2000, Alta Reg 8/2000. The Commission recommended, among other things, an increase in salary for full-time Justice of the Peace from approximately $55,000 to $95,000 per annum and an increase in the per diem rate for part-time Justices of the Peace from $220 per day to $600 per day with increases in both cases in 2000 and 2002. The Appellants, Her Majesty the Queen in Right of Alberta and the Lieutenant Governor in Council (together the “government”) rejected many of the Commission’s key recommendations. By Order in Council 174/2000, the government set significantly reduced salary and per diem rates, reduced the amount of the increases in future years and delayed the dates on which the increases would be implemented. The Respondents, Justices of the Peace commenced an action seeking a declaration that Order in Council 174/2000 was unconstitutional and the Commission recommendations be implemented.
The chambers judge concluded that government reasons for rejecting the Commission recommendations did not meet the standard of justification mandated in the case law. While he found the Commission made three errors in its calculations, he declined to remit the matter to the government for reconsideration on the basis that the government had not availed itself of the proper procedure. He declared the challenged portions unconstitutional and ordered the implementation of the Commission report. He also awarded costs on a solicitor-client basis. The Court of Appeal dismissed the appeal.
Lower court rulings
July 25, 2001
Court of Queen’s Bench of Alberta
0001-18286
Court of Queen’s Bench of Alberta
0001-18286
Respondent's application for judicial review, allowed: sections 2(a) and 2(g) of the Order in Council 174/2000 declared unconstitutional
November 8, 2001
Court of Queen’s Bench of Alberta
001-18286
Court of Queen’s Bench of Alberta
001-18286
see file
November 22, 2002
Court of Appeal of Alberta (Calgary)
01-00464
Court of Appeal of Alberta (Calgary)
01-00464
Appeal dismissed
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.
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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.
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Date modified: 2025-05-13