Case information
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29866
In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003
(Canada) (Civil) (Reference)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-02-09 | Appeal closed | |
| 2004-12-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-12-09 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, 1. Is the annexed Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes within the exclusive legislative authority of the Parliament of Canada? If not, in what particular or particulars, and to what extent? Answer: With respect to section 1: Yes. With respect to section 2: No. 2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars, and to what extent? Answer: Yes. 3. Does the freedom of religion guaranteed by paragraph 2(a) of the Canadian Charter of Rights and Freedoms protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs? Answer: Yes. 4. Is the opposite-sex requirement for marriage for civil purposes, as established by the common law and set out for Quebec in section 5 of the Federal Law -- Civil Law Harmonization Act, No. 1, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent? Answer: The Court exercises its discretion not to answer this question. The Court denies the requests for costs. Reference |
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| 2004-12-07 | Response to miscellaneous motion, (Letter Form), from Michael H. Morris dated Dec. 7/04, Completed on: 2004-12-07 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-12-06 | Correspondence received from, David M. Brown/ Stikeman Elliott re: lock-up | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-12-06 | Notice of miscellaneous motion, for an order granting full indemnity costs on a solicitor client basis (joint with memo of argument), Completed on: 2004-12-06 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-12-03 | Correspondence received from, Lerners, re: lock-up | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-12-03 | Correspondence received from, Nelligan O'Brien Payne, re; lock-up | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-12-03 | Correspondence received from, Michael H. Morris dated Dec. 3/04 in response to Mr. Chipeur's letter of Dec. 1/04 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-12-02 | Correspondence received from, Gerald D. Chipeur dated Dec. 1/04 re: costs (bookform) | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-12-01 | Correspondence received from, Department of Justice - re; Lock-up | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-12-01 | Correspondence received from, Epstein Cole LLP, re: lock-up | Joyce Barnet ("Ontario Couples" and Michael Hendricks, Rene LeBoeuf ("Quebec Couples") |
| 2004-11-30 | Correspondence received from, McLennan Ross, re: lock-up | Canadian Bar Association |
| 2004-11-30 | Correspondence received from, Barnes, Sammon LLP, re; Lock-up | Canadian Conference of Catholic Bishops |
| 2004-11-30 | Correspondence received from, Michael H. Morris dated Nov. 30/04 re: does not oppose the filing of Mr. Chipeur's letter and authority(sent to the Court Dec. 1/04) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-11-30 | Correspondence received from, e-mail from Noel & Assoc. , re: lock-up | Attorney General of Québec |
| 2004-11-26 | Correspondence received from, Gerald D. Chipeur dated Nov. 25/04 with a judgment of Supreme Court of New York in Shields v. Madigan(sent to the Court Dec. 1/04) | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-11-25 | Correspondence received from, Robert W. Leurer, Q.C., re: lock-up | Attorney General of Alberta |
| 2004-11-23 | Correspondence received from, Barry W. Bussey, re: lock-up | Seventh-Day Adventist Church in Canada |
| 2004-11-19 | Correspondence received from, R. Douglas Elliott - re: lock-up | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-11-19 | Correspondence received from, Michael H. Morris - re: lock-up | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-11-16 | Correspondence received from, Mark R. Frederick - re: lock-up | The Church of Jesus Christ of Latter Day Saints ("LDS Church") |
| 2004-11-16 | Correspondence received from, Martha A. McCarthy - re: lock-up. | Joyce Barnet ("Ontario Couples" and Michael Hendricks, Rene LeBoeuf ("Quebec Couples") |
| 2004-11-12 | Correspondence received from, Noël St-Pierre - re: lock-up | Coalition pour le mariage civil des couples de même sexe |
| 2004-11-12 | Correspondence received from, Robert W. Leurer, Q.C. dated 11/10/04 re: appeared at the hearing of the appeal | Attorney General of Alberta |
| 2004-11-10 | Correspondence (sent by the Court) to, by fax on Nov 10th - by mail Nov 12th, re: Lock-up | |
| 2004-11-10 | Transcript received, (199 pages) | |
| 2004-10-07 | Judgment reserved OR rendered with reasons to follow | |
| 2004-10-07 | Supplemental document, (14 copies) - submitted in court | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-10-07 | Supplemental document, (14 copies) - submitted in court | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-10-07 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-10-06 |
Decision on miscellaneous motion, CJ Ma Ba Bi LeB De F Abe Cha Dismissed |
|
| 2004-10-06 |
Hearing of miscellaneous motion, 2004-10-06, CJ Ma Ba Bi LeB De F Abe Cha Judgment rendered |
|
| 2004-10-06 |
Submission of miscellaneous motion, 2004-10-06, Submitted at the hearing., CJ Ma Ba Bi LeB De F Abe Cha Judgment rendered |
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| 2004-10-06 | Supplemental document, (14 copies) - submitted in court | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-10-06 | Supplemental document, (14 copies) - submitted in court | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-10-06 | Supplemental document, (14 copies) - submitted in court | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-10-06 | Supplemental document, (14 copies) - submitted in court | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2004-10-06 | Supplemental document, (14 copies) - submitted in court | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-10-06 | Appellant's condensed book, (14 copies) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-10-06 |
Hearing of the appeal, 2004-10-06, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
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| 2004-10-05 | Correspondence received from, Martha A. McCarthy dated 10/04/04 re: Michelle Bradshaw and Rebekah Rooney should be omitted from the list of Ont. and Qc couples | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-10-05 | Book of authorities, (Supplemental), Completed on: 2004-10-05 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-10-04 | Notice of miscellaneous motion, for directions, a declaration and appointment of an amicus curiae to be heard before the Court on Wednesday Oct. 6/04, Completed on: 2004-10-06 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-10-04 | Notice of appearance, REVISED - Robert W. Leurer, Q.C. and Margaret Unsworth will be appearing with Christy J. Stockdale. | Attorney General of Alberta |
| 2004-10-04 | Notice of appearance, REVISED - Lawrence Thacker will also be present at the hearing with Ed Morgan. | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2004-09-29 | Correspondence received from, Gerald D. Chipeur dated 09/29/04 in response to the Court's letter of 09/27/04 - will not file a motion for recusal | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-09-28 | Order on miscellaneous motion, (BY CHIEF JUSTICE) | |
| 2004-09-28 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by the Honourable Anne Cools, Member of the Senate, and Roger Gallaway, Member of the House of Commons, for directions, a declaration and to appoint an amicus curiae; AND HAVING READ the materials presented in support thereof; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
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| 2004-09-28 | Submission of miscellaneous motion, CJ | |
| 2004-09-27 | Correspondence (sent by the Court) to, Gerald D. Chipeur with cc to all parties re: Motion for recusal in response to the letter of Sept. 24. | |
| 2004-09-24 | Notice of miscellaneous motion, for directions, a declaration and appointment of an amicus curiae, Completed on: 2004-09-29 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-09-24 | Correspondence received from, G. Chipeur dated September 22, 2004 (fax copy) re: judges sitting at the Reference | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-09-21 | Response to the motion for additional time to present oral argument, Completed on: 2004-09-21 | Ontario Human Rights Commission (the "Commission) |
| 2004-09-21 | Order on motion for additional time to present oral argument, (BY FISH J.) | |
| 2004-09-21 |
Decision on motion for additional time to present oral argument, F, UPON APPLICATION by the Attorney General of Canada for additional time to present oral argument at the hearing of above reference; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed, subject to the discretion of the Court to entertain, at the conclusion of oral argument by all of the interveners, an application by the Attorney General of Canada for additional time for his reply. Dismissed |
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| 2004-09-21 | Order on motion for additional time to present oral argument, (BY FISH J.) | |
| 2004-09-21 |
Decision on motion for additional time to present oral argument, F, UPON APPLICATION by the Attorney General of Alberta for additional time to present oral argument at the hearing of above reference; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
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| 2004-09-21 | Order on motion for additional time to present oral argument, (BY FISH J.) | |
| 2004-09-21 |
Decision on motion for additional time to present oral argument, F, UPON APPLICATION by the Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons, for directions and for additional time to present oral argument at the hearing of above reference; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
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| 2004-09-21 | Notice of appearance, William J. Sammon and Kellie Siegner will be present at hearing. | Canadian Conference of Catholic Bishops |
| 2004-09-21 | Response to the motion for additional time to present oral argument, (Letter Form), from A. Berg dated Sept. 21, 2004 (fax copy) re: motions for additional time by A.G. Canada and A. Cools, et al, Completed on: 2004-09-21 | Manitoba Human Rights Commission |
| 2004-09-20 | Submission of motion for additional time to present oral argument, F | |
| 2004-09-20 | Motion for additional time to present oral argument, Completed on: 2004-09-22 | Attorney General of Alberta |
| 2004-09-20 | Response to the motion for additional time to present oral argument, (Letter Form), from E. Myers dated Sept. 17, 2004 (fax copy) re: motion for additional time by A. Cools, et al, Completed on: 2004-09-20 | British Columbia Civil Liberties Association (BCCLA) |
| 2004-09-20 | Response to the motion for additional time to present oral argument, (Letter Form), R. Douglas Elliott dated Sept. 20, 2004 (fax copy) re: motions for additional time by A.G. Canada and A. Cools, et al, Completed on: 2004-09-20 | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-09-20 | Response to the motion for additional time to present oral argument, (Letter Form), from C. Petersen dated Sept. 20, 2004 (fax copy) re: motions for additional time by A.G Canada and A. Cools, et al (original received on Sept. 24, 2004), Completed on: 2004-09-20 | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-09-20 | Notice of appearance, Aaron L. Berg will be present at hearing. | Manitoba Human Rights Commission |
| 2004-09-17 | Response to the motion for additional time to present oral argument, (Letter Form), from Peter R. Jervis dated 09/17/04, Completed on: 2004-09-17 | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-09-17 | Motion for additional time to present oral argument, by the Attorney General of Canada, Completed on: 2004-09-17 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-09-15 | Notice of appearance, Robert G. Richards and Christy J. Stockdale will be present at hearing. | Attorney General of Alberta |
| 2004-09-15 | Notice of appearance, Kenneth W. Smith and Robert J. Hughes will be present at hearing. | Canadian Unitarian Council |
| 2004-09-15 | Order on motion to extend time | |
| 2004-09-15 |
Decision on motion to extend time, to serve and file the intervener, Canadian Civil Liberties Association's book of authorities to Aug. 11/04, Reg Granted |
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| 2004-09-15 | Submission of motion to extend time, Reg | |
| 2004-09-15 | Response to the motion for additional time to present oral argument, (Letter Form), from David Brown (fax), Completed on: 2004-09-15 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-09-15 | Response to the motion for additional time to present oral argument, (Letter Form), from William Sammon (fax), Completed on: 2004-09-15 | Canadian Conference of Catholic Bishops |
| 2004-09-14 | Notice of appearance, Elliott M. Myers, Q.C. will appear for the B.C. Civil Liberties Assoc with Rebecca Smyth, Barry W. Bussey appearing for the Seventh-day Adventist Church, Cynthia Petersen, Joseph Arvay, Q.C. and Vanessa Payne for the Egale Couples. | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-09-13 | Motion for additional time to present oral argument, (service missing - rec'd Sept. 20/04), Completed on: 2004-09-21 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-09-13 | Notice of appearance, R. Douglas Elliott, R. Trent Morris and Jason J. Tan will be present at hearing. | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-09-10 | Notice of appearance, REVISED NOTICE: Cathy Pike and Amyn Hadibhai will be present at hearing. | Ontario Human Rights Commission (the "Commission) |
| 2004-09-09 | Notice of appearance, Linda Plumpton and Kathleen Riggs appearing for Foundation of Equal Families, Gerald D. Chipeur, Dale Wm. Fedorchuk and Ivan Bernardo appearing for the Senator Ann Cools, et al. | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-09-08 | Notice of appearance, Peter Hogg, Q.C. & Michael H. Morris will appear for the A.G. Canada, Alain Gingras for the A.G. of Quebec, Cathy Pike for the Ontario Human Rights Commission. | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-09-07 | Notice of appearance, Kathleen A. Lahey will be present for B.C Couples, D. Geoffrey Cowper will appear for Working Group on Civil Unions, Ed Morgan for the Canadian Coalition of Liberal Rabbis, Luc Alarie for Mouvement laïque québécois, James L. Lebo for Can. Bar Assoc. | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2004-09-03 | Notice of appearance, John O'Sullivan will be present at hearing. | United Church of Canada |
| 2004-09-03 | Notice of appearance, Martha A. McCarthy and Joanna L. Radbord will be present at hearing. | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-09-02 | Notice of appearance, David M. Brown will be present at hearing. | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-09-01 |
Order by, F, (see long judgment) Granted |
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| 2004-09-01 | Notice of appearance, Nöel Saint-Pierre will be present at hearing. | Coalition pour le mariage civil des couples de même sexe |
| 2004-09-01 | Notice of appearance, D. Geoffrey Cowper will be present at hearing. | Working Group on Civil Unions |
| 2004-09-01 | Notice of appearance, Gerald D. Chipeur, Dale William Fedorchuk and Ivan Bernardo will be present at hearing. | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-09-01 | Notice of appearance, Catherine Pike and Amyn Hadibhai will be present at hearing. | Ontario Human Rights Commission (the "Commission) |
| 2004-09-01 | Notice of appearance, Peter R. Jervis and Bradley W. Miller will be present at hearing. Revised notice recvd Sept 2/04 advising that only Peter R. Jervis will be present. | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-09-01 | Notice of appearance, Andrew Lokan and Odette Soriano will be present at hearing. | Canadian Civil Liberties Association |
| 2004-09-01 | Notice of appearance, Peter D. Lauwers and Mark R. Frederick will be present at hearing. | The Church of Jesus Christ of Latter Day Saints ("LDS Church") |
| 2004-09-01 | Notice of appearance, Peter D. Lauwers will be present at hearing. | Ontario Conference of Catholic Bishops ("OCCB") |
| 2004-09-01 | Notice of appearance, Leslie Reaume will be present at hearing. | Canadian Human Rights Commission |
| 2004-08-31 | Order on motion to file a reply factum on appeal, (BY FISH J.) | |
| 2004-08-31 |
Decision on the motion to file a reply factum on appeal, F, The Court does not favour the filing of a reply factum (see Notice to the Profession dated June 1990) and following the order of the Chief Justice dated February 19, 2004, the motion is dismissed without costs. Dismissed, without costs |
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| 2004-08-26 | Submission of motion to file a reply factum on appeal, F | |
| 2004-08-23 | Motion to extend time, to serve and file the Book of Authorities to Aug. 11/04, Completed on: 2004-09-16 | Canadian Civil Liberties Association |
| 2004-08-11 | Book of authorities, Completed on: 2004-08-23 | Canadian Civil Liberties Association |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-22 | Correspondence received from, G. Chipeur dated July 22, 2004 (fax copy) re: does not object that the appeal be televised | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-07-15 |
Appeal hearing scheduled, 2004-10-06, (previously April 15-16/04) Judgment reserved |
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| 2004-07-09 | Correspondence received from, from Luc Alarie re: change of address | Mouvement laïque québécois |
| 2004-06-25 | Response to motion to file a reply factum on appeal, (Letter Form), from Michael Morris dated 06/25/04(original filed 06/30/04), Completed on: 2004-06-24 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-06-22 | Response to motion to file a reply factum on appeal, (Letter Form), from Gerald D. Chipeur dated 06/22/04, Completed on: 2004-06-22 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-06-22 | Response to motion to file a reply factum on appeal, (Letter Form), from Elliott M. Myers, Q.C. dated 06/22/04, Completed on: 2004-06-22 | British Columbia Civil Liberties Association (BCCLA) |
| 2004-06-22 | Response to motion to file a reply factum on appeal, (Letter Form), from David M. Brown dated 06/21/04, Completed on: 2004-06-22 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-06-21 | Motion to file a reply factum on appeal, to the factum of the Working Group on Civil Unions(bookform), Completed on: 2004-06-21 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-06-16 | Order on motion to extend time | |
| 2004-06-16 |
Decision on motion to extend time, to serve and file the intervener, the Attorney General of Alberta's factum to May 12/04 and book of authorities to May 14/04, LeB Granted |
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| 2004-06-16 | Submission of motion to extend time, LeB | |
| 2004-06-10 | Response to motion to extend time, (by A.G. Alberta) e-mail from Christopher Rupar dated 06/10/04, Completed on: 2004-06-10 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-06-08 | Supplemental document, (Reply Authorities) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-06-08 | Reply factum on appeal, (pursuant to order of Feb. 19/04), Completed on: 2004-06-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-06-03 | Correspondence received from, Noël Saint-Pierre dated June 3/04 re: sent a copy of his factum to Mr. Dion on May 19/04 | Coalition pour le mariage civil des couples de même sexe |
| 2004-05-21 | Motion to extend time, to file and serve the intervener's factum and authorities to May 14/04, Completed on: 2004-05-21 | Attorney General of Alberta |
| 2004-05-20 |
Decision on motion to extend time, to serve and file the intervener, Dawn and Elizabeth Barbeau, et al, book of authorities to May 12/04, DeRg Granted |
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| 2004-05-19 | Submission of motion to extend time, DeRg | |
| 2004-05-12 | Book of authorities, Completed on: 2004-05-21 | Attorney General of Alberta |
| 2004-05-12 | Intervener's factum, Completed on: 2004-05-21 | Attorney General of Alberta |
| 2004-05-12 | Book of authorities, Completed on: 2004-05-20 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-05-12 | Motion to extend time, to file the Book of Authorities to 05/12/04, Completed on: 2004-05-12 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-31 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-05-11 | Book of authorities, Completed on: 2004-06-02 | Ontario Conference of Catholic Bishops ("OCCB") |
| 2004-05-11 | Intervener's factum, (25 copies), Completed on: 2004-05-11 | Ontario Conference of Catholic Bishops ("OCCB") |
| 2004-05-11 | Book of authorities, Completed on: 2004-06-02 | The Church of Jesus Christ of Latter Day Saints ("LDS Church") |
| 2004-05-11 | Intervener's factum, Completed on: 2004-06-02 | The Church of Jesus Christ of Latter Day Saints ("LDS Church") |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-28 | Ontario Human Rights Commission (the "Commission) |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-28 | Ontario Human Rights Commission (the "Commission) |
| 2004-05-11 | Book of authorities, (Vol. I, II), Completed on: 2004-05-28 | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-05-11 | Supplemental document, (Updated Evidence - 12 copies) | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-28 | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-28 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-05-11 | Supplemental document, (12 copies) | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-28 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-28 | Working Group on Civil Unions |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-28 | Manitoba Human Rights Commission |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-28 | Manitoba Human Rights Commission |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-28 | Canadian Civil Liberties Association |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | British Columbia Civil Liberties Association (BCCLA) |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | British Columbia Civil Liberties Association (BCCLA) |
| 2004-05-11 | Book of authorities, (1 extra copy), Completed on: 2004-05-11 | Canadian Unitarian Council |
| 2004-05-11 | Supplemental document, (12 copies of Records) | Canadian Unitarian Council |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Canadian Unitarian Council |
| 2004-05-11 | Supplemental document, (12 volumes of the Record) | United Church of Canada |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | United Church of Canada |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | United Church of Canada |
| 2004-05-11 | Supplemental document, (Book of Authorities) | Seventh-Day Adventist Church in Canada |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | Seventh-Day Adventist Church in Canada |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Seventh-Day Adventist Church in Canada |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | Coalition pour le mariage civil des couples de même sexe |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Coalition pour le mariage civil des couples de même sexe |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Mouvement laïque québécois |
| 2004-05-11 | Supplemental document, (12 copies of Intervener's Record) | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-05-11 | Supplemental document, (12 copies of Record of the Intervener) | Foundation for Equal Families ("the FEF") |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | Foundation for Equal Families ("the FEF") |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Foundation for Equal Families ("the FEF") |
| 2004-05-11 | Book of authorities, (Vol. I, II), Completed on: 2004-05-11 | Canadian Conference of Catholic Bishops |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Canadian Conference of Catholic Bishops |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-19 | Canadian Bar Association |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Canadian Bar Association |
| 2004-05-11 | Book of authorities, Completed on: 2004-05-11 | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-05-11 | Supplemental document, (12 copies of the Record of the Intervener) | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-05-11 | Intervener's factum, Completed on: 2004-05-11 | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-05-10 | Book of authorities, (Vol I, II), Completed on: 2004-05-10 | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-05-10 | Intervener's factum, Completed on: 2004-05-10 | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-05-10 | Correspondence received from, MIchael H. Morris(by fax) dated 05/10/04 re: affidavits of Rabbi Steven Greeberg and Dr. Mary Hunt filed in Egale Canada Inc. v. Canada (Attorney General)(ORIGINAL & copies received 05/27/04) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-05-10 | General proceeding, Notice to appoint Noël & Associés as Ottawa Agent | Coalition pour le mariage civil des couples de même sexe |
| 2004-05-07 | Correspondence received from, Martin Dion re: asked the Court to accept his written factum and oral arguments (to be sent with Factum) | Martin Dion |
| 2004-05-07 | Intervener's factum, Completed on: 2004-05-07 | Martin Dion |
| 2004-05-06 | Book of authorities, Completed on: 2004-05-06 | Canadian Human Rights Commission |
| 2004-05-06 | Intervener's factum, Completed on: 2004-05-06 | Canadian Human Rights Commission |
| 2004-05-03 | Intervener's factum, (Original with proof of service rec'd May 5/04), Completed on: 2004-05-19 | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2004-04-27 | Notice of withdrawal | Attorney General of British Columbia |
| 2004-04-22 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2004-04-22 |
Decision on the motion for leave to intervene, F, (see long judgment) Granted |
|
| 2004-04-16 | Submission of motion for leave to intervene, F | |
| 2004-04-16 | Reply to the motion for leave to intervene, (Letter Form), from Andrew Lokan dated 04/15/04, Completed on: 2004-04-16 | Canadian Civil Liberties Association |
| 2004-04-15 | Reply to the motion for leave to intervene, (Letter Form), from Barry W. Bussey dated 04/14/04, Completed on: 2004-04-15 | Seventh-Day Adventist Church in Canada |
| 2004-04-13 | Response to the motion for leave to intervene, to Canadian Civil Liberties, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-13 | Response to the motion for leave to intervene, to Martin Dion, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-13 | Response to the motion for leave to intervene, to Working Group on Civil Union, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-13 | Response to the motion for leave to intervene, to Canadian Unitarian Council, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-13 | Response to the motion for leave to intervene, to Coalition pour le mariage civil, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-13 | Response to the motion for leave to intervene, to Seventh-Day Adventist Church, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-13 | Response to the motion for leave to intervene, to United Church, Completed on: 2004-04-13 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-04-06 | Motion for leave to intervene, (bookform), Completed on: 2004-04-06 | Canadian Unitarian Council |
| 2004-04-06 | Motion for leave to intervene, (bookform), Completed on: 2004-04-06 | Seventh-Day Adventist Church in Canada |
| 2004-04-05 | Motion for leave to intervene, (bookform), Completed on: 2004-04-13 | Working Group on Civil Unions |
| 2004-04-05 | Motion for leave to intervene, (bookform), Completed on: 2004-04-05 | United Church of Canada |
| 2004-04-02 | Motion for leave to intervene, Completed on: 2004-04-02 | Coalition pour le mariage civil des couples de même sexe |
| 2004-04-02 | Motion for leave to intervene, Completed on: 2004-04-19 | Martin Dion |
| 2004-03-30 | Supplemental document, Record including EVIDENCE (affidavits) pursuant to the Chief Justice's Order of Feb. 19/04 - Vol. 1 to 32 (13 copies) + General Index (12 copies) + CD-ROM | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-03-30 | Supplemental document, (Supplementary Book of Authorities of the A.G. of Canada) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-03-30 | Supplemental document, (Supplementary Record of the A.G. of Canada - 24 copies) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-03-30 | Supplemental factum, (See Chief Justice's Order of Feb. 19/04) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-03-11 | Motion for leave to intervene, Completed on: 2004-03-11 | Canadian Civil Liberties Association |
| 2004-02-26 | Notice of change of counsel, formerly represented by Elliott & Kim to Roy Elliott Kim O'Connor LLP | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-02-20 | General proceeding, SERVICE admitted on 02/19/04 upon the Provincial Attorneys General and the Territorial Ministers of Justice and all interveners of the Notice of Amended Reference further to the Court's order of 02/19/04 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-02-19 | Order on motion to directions, (BY CHIEF JUSTICE) | |
| 2004-02-19 |
Decision on motion for directions, CJ, (see long judgment) Allowed in part |
|
| 2004-02-16 | Correspondence received from, Linda M. Plumpton dated 02/16/04 in response to the Court's letter of 02/11/04 | Foundation for Equal Families ("the FEF") |
| 2004-02-16 | Correspondence received from, David M. Brown dated 02/13/04 in response to the Court's letter of 02/11/04 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-02-16 | Correspondence received from, Ed Morgan dated 02/16/04 in response to the Courts letter of 02/11/04 | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2004-02-16 | Correspondence received from, Leah Greathead undated in response to the Court's letter on 02/11/04 | Attorney General of British Columbia |
| 2004-02-16 | Correspondence received from, Martha A. McCarthy dated 02/16/04 (sic) in response to the Court's letter of 02/11/04 | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-02-16 | Correspondence received from, Gerald D. Chipeur dated 02/16/04 in response to the Court's letter of 02/11/04 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-02-16 | Correspondence received from, Leslie A. Rheaume dated 02/16/04 in response to the Court's letter of 02/11/04 | Canadian Human Rights Commission |
| 2004-02-16 | Correspondence received from, Peter R. Jervis dated 02/16/04 in response to the Court's letter of 02/11/04 | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-02-16 | Correspondence received from, Kathleen A. Lahey dated 02/16/04 in response to the Court's letter of 02/11/04 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-02-16 | Correspondence received from, Luc Alarie dated 02/16/04 in response to the Courts letter of 02/11/04 | Mouvement laïque québécois |
| 2004-02-16 | Correspondence received from, Gerald D. Chipeur dated 02/10/04 further to his letter of 02/06/04 and Mr. Morris' letter | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-02-16 | Correspondence received from, Michael H. Morris dated 02/16/04 in response to the Court's letter of 02/11/04 (joint with the affidavit of Roslyn J. Levine sworn 02/13/04) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-02-16 | Correspondence received from, Cynthia Petersen dated 02/16/04 in response to the Court's letter of 02/11/04 | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-02-13 | Correspondence received from, Robert G. Richards, Q.C. dated 02/13/04 in resonse to the Court's letter of 02/11/04 | Attorney General of Alberta |
| 2004-02-13 | Correspondence received from, James L. Lebo dated 02/13/04 in response to the Court's letter of 02/11/04 | Canadian Bar Association |
| 2004-02-13 | Correspondence received from, Elliott M. Myers dated 02/12/04 in response to the Court's letter of 02/11/04 | British Columbia Civil Liberties Association (BCCLA) |
| 2004-02-12 | Correspondence received from, William J. Sammon dated 02/12/04 in response to the Court's letter of 02/11/04 | Canadian Conference of Catholic Bishops |
| 2004-02-12 | Correspondence received from, Sylvie E. Roussel dated 02/12/04 in response to the Court's letters of 02/11/04 | Attorney General of Québec |
| 2004-02-11 |
Correspondence received from, Cynthia Petersen dated 02/11/04 in response to the Court's letter to Mr. Morris of today's date (on costs) |
Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-02-11 | Correspondence received from, R. Douglas Elliott dated 02/11/04 to supplement his earlier letter | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-02-11 | Correspondence (sent by the Court) to, all parties to clarify that the Court seeks the views of the interveners as well | |
| 2004-02-11 |
Correspondence received from, R. Douglas Elliott dated 02/11/04 requesting clarification to the Court's letter sent earlier today |
Metropolitan Community Church of Toronto ("MCCT") |
| 2004-02-11 | Correspondence (sent by the Court) to, Michael H. Morris (Attorney General of Canada) re: filing schedule, transmission of records and costs | |
| 2004-02-09 | Correspondence received from, Michael H. Morris dated 02/06/04 in reply to the interveners' responses to the Court's letter of 02/02/04 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-02-09 | Correspondence received from, R. Douglas Elliott dated 02/06/04 re: confirms that he adopts Ms. McCarthy's submission | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-02-06 | Correspondence received from, Leah Greathead dated 02/06/04 in response to the Court's letter of 02/02/04 | Attorney General of British Columbia |
| 2004-02-06 | Correspondence received from, David M. Brown dated 02/06/04 in response to the Court's letter of 02/02/04 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2004-02-06 | Correspondence received from, Leslie A. Rheaume dated 02/06/04 in response to the Court's letter of 02/02/04 | Canadian Human Rights Commission |
| 2004-02-06 | Correspondence received from, Kathleen A. Lahey dated 02/06/04 in response to the Court's letter of 02/02/04 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-02-06 | Correspondence received from, R. Douglas Elliott dated 02/06/04 in response to the Court's letter of 02/02/04 | Metropolitan Community Church of Toronto ("MCCT") |
| 2004-02-06 | Correspondence received from, Bradley W. Miller dated 02/06/04 in response to the Court's letter of 02/02/04 | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2004-02-06 | Correspondence received from, Peter D. Lauwers dated 02/06/04 in response to the Court's letter of 02/02/04 | Ontario Conference of Catholic Bishops ("OCCB") |
| 2004-02-06 | Correspondence received from, Cynthia Petersen dated 02/06/04 in response to the Court's letter of 02/02/04 | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2004-02-06 | Correspondence received from, Martha A. McCarthy dated 02/06/04 in response to the Court's letter of 02/02/04 | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2004-02-06 | Correspondence received from, Gerald D. Chipeur dated 02/06/04 in response to the Court's letter of 02/02/04 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2004-02-05 | Correspondence received from, Elliott M. Myers, Q.C. dated 02/05/04 in response to the Court's letter of 02/02/04 | British Columbia Civil Liberties Association (BCCLA) |
| 2004-02-05 | Correspondence received from, Sylvie E. Roussel dated 02/05/04 in response to the Court's letter of 02/02/05 | Attorney General of Québec |
| 2004-02-05 | Correspondence received from, Cathy Pike dated 02/05/04 in response to the Court's letter of 02/02/04 | Ontario Human Rights Commission (the "Commission) |
| 2004-02-05 | Correspondence received from, Aaron L. berg dated 02/05/04 in response to the Court's letter of 02/02/04 | Manitoba Human Rights Commission |
| 2004-02-04 | Correspondence received from, James L. Lebo dated 02/04/04 in response to the Court's letter of 02/02/04 | Canadian Bar Association |
| 2004-02-04 | Correspondence received from, Robert G. Ridchards, Q.C. dated 02/04/04 in response to the Court's letter of 02/02/04 | Attorney General of Alberta |
| 2004-02-03 | Correspondence received from, William J. Sammon dated 02/03/04 in response to the Court's letter of 02/02/04 | Canadian Conference of Catholic Bishops |
| 2004-02-02 | Correspondence (sent by the Court) to, all parties re:proposed adjournment of hearing and proposed filing schedule for materials (by fax). | |
| 2004-01-30 | Correspondence received from, R. Gaudreau re: will act as agent | Mouvement laïque québécois |
| 2004-01-28 | Submission of motion for directions, CJ | |
| 2004-01-28 | Motion for directions, (bookform), Completed on: 2004-01-28 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-01-28 | Notice of appeal, NOTICE OF AMENDED REFERENCE (bilingual version), Completed on: 2004-01-28 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-01-23 | Order on motion for leave to intervene, (BY IACOBUCCI J.) | |
| 2004-01-23 |
Decision on the motion for leave to intervene, Ia, (see long judgment) Granted |
|
| 2004-01-21 |
Decision on motion to extend time, to serve and file the A.G.B.C.'s factum and book of authorities to Feb. 16/04, Reg Granted |
|
| 2004-01-20 | Submission of motion to extend time, Reg | |
| 2004-01-19 | Response to motion to extend time, (Letter Form), from M. H. Morris (by fax) re: A.G. of B.C.'s extension of time, Completed on: 2004-01-19 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-01-16 | Order on motion to extend time, (BY IACOBUCCI J.) | |
| 2004-01-16 |
Decision on motion to extend time, Ia, The extension of time to apply for leave to intervene on behalf of the Manitoba Human Rights Commission is granted to January 2, 2004. Granted |
|
| 2004-01-16 | Order on miscellaneous motion, (BY IACOBUCCI J.) | |
| 2004-01-16 |
Decision on miscellaneous motion, Ia, The motion is granted. The affidavit of Kathleen A. Lahey will form part of the motion for leave to intervene on behalf of Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples). Granted |
|
| 2004-01-15 | Submission of motion to extend time, Ia | |
| 2004-01-15 | Submission of miscellaneous motion, Ia | |
| 2004-01-12 | Correspondence received from, Gowlings re: confirming they are the Ottawa agents for O.H.R.C. and M.H.R.C. | Ontario Human Rights Commission (the "Commission) |
| 2004-01-09 | Book of authorities, Completed on: 2004-01-09 | Attorney General of Québec |
| 2004-01-09 | Intervener's factum - AG on constitutional question, Completed on: 2004-01-09 | Attorney General of Québec |
| 2004-01-09 | Motion to extend time, to file the factum and authorities to Feb. 16, 2004, Completed on: 2004-01-09 | Attorney General of British Columbia |
| 2004-01-09 | Correspondence received from, K. Lahey dated Jan. 9, 2004 (fax copy) re: in reply to M. Morris's letter dated Jan. 8, 2004 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2004-01-08 | Correspondence received from, M. Morris dated Jan. 8, 2004 (fax copy) re: reply to the reply of Ms. Lahey (BC Couples) | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-01-08 | Response to the motion for leave to intervene, (Letter Form), from M. Morris dated Jan. 8, 2004 (fax copy) re: intervention by MHRC, Completed on: 2004-01-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2004-01-06 | Submission of motion for leave to intervene, Ia | |
| 2004-01-02 | Motion to extend time, to file the motion to intervene to Jan. 2, 2004 (joint), Completed on: 2004-01-02 | Manitoba Human Rights Commission |
| 2004-01-02 | Motion for leave to intervene, (joint with extension of time), Completed on: 2004-01-02 | Manitoba Human Rights Commission |
| 2003-12-31 | Notice of miscellaneous motion, Completed on: 2003-12-31 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2003-12-29 | Appeal perfected for hearing | |
| 2003-12-23 | Reply to the motion for leave to intervene, (Letter Form), from P. D. Lauwers (by fax), Completed on: 2003-12-23 | Ontario Conference of Catholic Bishops ("OCCB") |
| 2003-12-15 | Reply to the motion for leave to intervene, (Letter Form), from C. Pike dated Dec. 15, 2003 (fax copy), Completed on: 2003-12-15 | Ontario Human Rights Commission (the "Commission) |
| 2003-12-15 | Reply to the motion for leave to intervene, (Letter Form), D. Elliott undated (fax copy), Completed on: 2003-12-15 | Metropolitan Community Church of Toronto ("MCCT") |
| 2003-12-15 | Reply to the motion for leave to intervene, (Letter Form), from D. Brown dated Dec. 11, 2003, Completed on: 2003-12-15 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2003-12-12 | Reply to the motion for leave to intervene, (Letter Form), from M. McCarthy dated Dec. 12, 2003 (fax copy), Completed on: 2003-12-12 | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2003-12-12 | Reply to the motion for leave to intervene, (Letter Form), from L. Reaume dated Dec. 11, 2003 (fax copy), Completed on: 2003-12-12 | Canadian Human Rights Commission |
| 2003-12-11 | Reply to the motion for leave to intervene, (Letter Form), from P. Champ dated Dec. 10, 2003 (fax copy), Completed on: 2003-12-11 | British Columbia Civil Liberties Association (BCCLA) |
| 2003-12-11 | Reply to the motion for leave to intervene, (Letter Form), from Kathleen A. Lahey dated 12/11/03, Completed on: 2003-12-11 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2003-12-10 | Reply to the motion for leave to intervene, (paper form), Completed on: 2003-12-10 | Canadian Conference of Catholic Bishops |
| 2003-12-10 | Reply to the motion for leave to intervene, (Letter Form), from Luc Alarie dated 12/10/03, Completed on: 2003-12-10 | Mouvement laïque québécois |
| 2003-12-10 | Reply to the motion for leave to intervene, (Letter Form), from J. Lebo dated Dec. 9, 2003 (fax copy), Completed on: 2003-12-10 | Canadian Bar Association |
| 2003-12-09 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of Barbeau et al, Completed on: 2003-12-09 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-09 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of MCCT, Completed on: 2003-12-09 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-09 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of Mouvement laïque québécois, Completed on: 2003-12-09 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-09 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re :intervention of CHRC, Completed on: 2003-12-09 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of OCCB, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of LDS Church, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of Interfaith Coalition, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of OHRC, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of Halpern et al (Ont. & Qc Couples), Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Harris dated 12/08/03 re intervention of CCCB, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of BCCLA, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Response to the motion for leave to intervene, (Letter Form), from Michael H. Morris dated 12/08/03 re: intervention of FEF, Completed on: 2003-12-08 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-08 | Reply to the motion for leave to intervene, (Letter Form), from Ed Morgan dated 12/05/03 re: intervener status, Completed on: 2003-12-08 | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2003-12-05 | Response to the motion for leave to intervene, (Letter Form), from M. Morris dated Dec. 5, 2003 (fax copy) re: intervention by Can. Coalition of Liberal Rabbis, Completed on: 2003-12-05 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-05 | Response to the motion for leave to intervene, (Letter Form), from M. Morris dated Dec. 5, 2003 (fax copy) re: intervention by CBA, Completed on: 2003-12-05 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-12-02 | Order on motion to extend time | |
| 2003-12-02 |
Decision on motion to extend time, to serve and file the factum and record of the Attorney General of Alberta to Feb. 16/04, Reg Granted |
|
| 2003-12-01 | Submission of motion to extend time, Reg | |
| 2003-11-28 | Reply to motion to extend time, book form, Completed on: 2004-01-09 | Attorney General of Alberta |
| 2003-11-27 | Reply to the motion for leave to intervene, (Letter Form), C. Petersen dated Nov. 27, 2003, Completed on: 2003-11-27 | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2003-11-27 | Motion for leave to intervene, Completed on: 2003-11-27 | Ontario Human Rights Commission (the "Commission) |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Mouvement laïque québécois |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Ontario Conference of Catholic Bishops ("OCCB") |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | The Church of Jesus Christ of Latter Day Saints ("LDS Church") |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Foundation for Equal Families ("the FEF") |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Metropolitan Community Church of Toronto ("MCCT") |
| 2003-11-27 | Motion for leave to intervene, vol. 1 and 2, Completed on: 2003-11-27 | Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) |
| 2003-11-27 | Motion for leave to intervene, book form, Completed on: 2003-11-27 | Canadian Conference of Catholic Bishops |
| 2003-11-26 | Motion for leave to intervene, book form, Completed on: 2003-11-26 | British Columbia Civil Liberties Association (BCCLA) |
| 2003-11-26 | Motion for leave to intervene, book form, Completed on: 2003-11-26 | Canadian Human Rights Commission |
| 2003-11-25 | Motion for leave to intervene, Completed on: 2003-12-03 | Canadian Bar Association |
| 2003-11-25 | Motion for leave to intervene, book form, Completed on: 2003-11-25 | Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee |
| 2003-11-24 | Response to the motion for leave to intervene, (Letter Form), from M. Morris dated Nov. 24, 2003 (fax copy) re: intervention by Egale Canada Inc., et al, Completed on: 2003-11-24 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-11-24 | Response to the motion for leave to intervene, (Letter Form), from M. Morris dated Nov. 24, 2003 (fax copy) re: intervention by Focus on the Family, Completed on: 2003-11-24 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-11-24 | Response to motion to extend time, (Letter Form), from M. Morris dated Nov. 24, 2003 (fax copy), Completed on: 2003-11-24 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-11-21 | Motion to extend time, to file the factum and record to Feb. 16, 2004 - book form, Completed on: 2003-11-21 | Attorney General of Alberta |
| 2003-11-14 | Notice of change of counsel, from N. Steed to R. Richards | Attorney General of Alberta |
| 2003-11-14 | Motion for leave to intervene, (bookform), Completed on: 2003-11-17 | Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario |
| 2003-11-13 | Motion for leave to intervene, book form, Completed on: 2003-11-13 | Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") |
| 2003-11-13 | Motion to extend time, to serve and file A.G. - Alberta's factum and record to Feb. 16/04., Completed on: 2003-12-01 | Attorney General of Alberta |
| 2003-10-30 | Appellant's factum, Completed on: 2003-10-30 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-10-30 | Appellant's book of authorities, Vol. I to V, Completed on: 2003-10-30 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-10-30 | Appellant's record, Vol. I to IV, Completed on: 2003-10-30 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-10-22 | Order on miscellaneous motion, (BY CHIEF JUSTICE) | |
| 2003-10-22 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by the Honourable Anne Cools, Member of the Senate, and Roger Gallaway, Member of the House of Commons, for an order expediting the motion for leave to intervene and for leave to intervene and ancillary relief in the above mentioned reference; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1. The request to have this motion dealt with on an expedited basis is denied; 2. The motion for leave to intervene and ancillary relief will be disposed of in accordance with the Court's usual practice under Rules 56 and 58 of the Rules of the Supreme Court of Canada, as indicated in my order of July 31, 2003. Dismissed |
|
| 2003-10-21 | Submission of miscellaneous motion, to expedite the intervention, CJ | |
| 2003-10-21 | Correspondence received from, P. Hogg dated Oct. 21, 2003 (fax copy) re: will be out of country from April 22 to May 8, 2004 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-10-15 | Order on motion to file a reply factum on appeal, (BY CHIEF JUSTICE) | |
| 2003-10-15 |
Decision on the motion to file a reply factum on appeal, CJ, The Attorney General of Canada shall be permitted to divide his written argument into two by initially serving and filing a 20 page factum on October 30, 2003 and subsequently a 20 page reply factum by March 18, 2004; Pursuant to my order dated July 31, 2003, the timelines for the serving and filing of the motions for leave to intervene and the serving and filing of the interveners facta are as follows: i) motions for leave to intervene shall be served and filed four weeks from the filing of the Attorney General of Canada's factum: November 27, 2003; ii) interveners facta shall be served and filed eight weeks from the order granting leave to intervene or, for Attorneys General intervening under S. 53(5) of the Supreme Court Act, within 20 weeks of the filing of a notice of intervention, as the case may be. The motion of the Attorney General of Alberta is denied without prejudice to the Attorney General of Alberta to reapply for an extension of time once the Attorney General of Canada files its factum and record. Granted |
|
| 2003-10-15 | Order on motion to extend time, (BY CHIEF JUSTICE) | |
| 2003-10-15 |
Decision on motion to extend time, CJ, to serve and file the Attorney General of Canada's factum, record and book of authorities is extended to October 30, 2003 Granted |
|
| 2003-10-10 | Response to motion to extend time, e-mail dated 10/10/03 from Burke-Robertson, Completed on: 2003-10-10 | Attorney General of British Columbia |
| 2003-10-08 | Submission of motion to file a reply factum on appeal, CJ | |
| 2003-10-08 | Submission of motion to extend time, CJ | |
| 2003-10-06 | Reply to motion to file a reply factum on appeal, (Letter Form), from Michael H. Morris dated 10/06/03 re: does not intend to file a reply, Completed on: 2003-10-06 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-10-06 | Reply to motion to extend time, (Letter Form), from Michael H. Morris dated 10/06/03 re: does not intend to file a reply, Completed on: 2003-10-06 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-10-02 | Reply to the motion for leave to intervene, (book form), Completed on: 2003-10-02 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2003-10-01 | Response to motion to extend time, (joint with response to file a reply factum)(bookform), Completed on: 2003-10-01 | Attorney General of Alberta |
| 2003-10-01 | Response to motion to file a reply factum on appeal, joint with response to extend time (bookform)[motion by Alberta to file a reply factum included], Completed on: 2003-10-01 | Attorney General of Alberta |
| 2003-09-23 | Motion to file a reply factum on appeal, to March 18, 2004 (joint with motion to extend the time), Completed on: 2003-09-23 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-09-23 | Motion to extend time, to file the factum, record and authorities to Oct. 30, 2003 (book form), Completed on: 2003-09-23 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-09-22 | Response to the motion for leave to intervene, (book form) re: intervention of Hon. Anne Cools et al, Completed on: 2003-09-22 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-09-11 | Notice of miscellaneous motion, to expedite the leave to intervene, Completed on: 2003-09-11 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2003-09-11 | Motion for leave to intervene, (bookform), Completed on: 2003-09-11 | The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons |
| 2003-09-10 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2003-08-29 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2003-08-28 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2003-08-27 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2003-08-05 | General proceeding, SERVICE admitted on 08/01/03, upon the Provincial Attorneys General and Territorial Ministers of Justice of the Notice of Reference and Court's order dated July 31, 2003 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-07-31 | Order on motion to directions | |
| 2003-07-31 |
Decision on motion for directions, CJ, UPON APPLICATION for Directions by the Governor in Council to obtain an order (1) directing the Registrar to enter this reference on the list of cases to be heard by the Court; (2) appointing an amicus curiae to have carriage of the reference to argue the case against the proposed legislation, and allowing the amicus curiae to seek further directions on the conduct of the reference; (3) directing that the amicus curiae be paid reasonable expenses occasioned by participation in the reference in accordance with s. 53(7) of the Supreme Court Act; (4) directing the Attorney General of Canada to serve a copy of the Notice of Reference and a copy of the Order for Directions on the parties and interveners in the cases before the British Columbia, Ontario and Quebec courts involving a challenge to the opposite-sex requirement for marriage; and (5) directing those served with copies of the Notice of Reference and the Order for Directions who wish to intervene in the reference to make a motion for intervention within 4 weeks of service on them of the Notice of Reference and Order for Directions; HAVING READ the material filed; IT IS HEREBY ORDERED THAT: 1. The Registrar is directed to enter this reference on the list of cases to be heard by the Court; 2. The request to appoint an amicus curiae to have carriage of this reference is refused. The Attorney General of Canada is ordered to have carriage of this reference and shall file documents as required for an appellant by the Rules of the Supreme Court of Canada. Notwithstanding this, the Court may at any time decide to appoint an amicus curiae to argue the case with respect to any interest that is affected by this reference and with respect to which counsel does not appear pursuant to the provisions of s. 53(7) of the Supreme Court Act. 3. In view of paragraph 2 of this Order for Directions, the request for directions for the payment of the expenses of an amicus curiae does not need to be decided at this time. 4. Paragraph (4) of the motion is refused. The Attorney General of Canada is directed to serve a copy of the Notice of Reference and a copy of this Order for Directions on the Attorneys General of the each of the provinces and the Ministers of Justice of the governments of the territories. 5. Paragraph (5) of the motion is refused. The relevant provisions of the Supreme Court Act and the Rules of the Supreme Court of Canada shall govern interventions in this reference. Allowed in part |
|
| 2003-07-29 | Submission of motion for directions, CJ | |
| 2003-07-25 | Motion for directions, book form - 4 copies, Completed on: 2003-07-25 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
| 2003-07-17 | Notice of appeal, NOTICE OF REFERENCE (bilingual version) Notice of AMENDED Reference file 01/28/04, Completed on: 2003-07-17 | In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 |
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 |
|---|---|---|
| In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003 | Appellant | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Québec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| The Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons | Intervener | Active |
| Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario | Intervener | Active |
| Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples") | Intervener | Active |
| Canadian Conference of Catholic Bishops | Intervener | Active |
| Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee | Intervener | Active |
| Canadian Human Rights Commission | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples) | Intervener | Active |
| Metropolitan Community Church of Toronto ("MCCT") | Intervener | Active |
| Foundation for Equal Families ("the FEF") | Intervener | Active |
| Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper, | Intervener | Active |
| Joyce Barnet ("Ontario Couples" and Michael Hendricks, Rene LeBoeuf ("Quebec Couples") | Intervener | Active |
| Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition") | Intervener | Active |
| The Church of Jesus Christ of Latter Day Saints ("LDS Church") | Intervener | Active |
| Ontario Conference of Catholic Bishops ("OCCB") | Intervener | Active |
| British Columbia Civil Liberties Association (BCCLA) | Intervener | Active |
| Mouvement laïque québécois | Intervener | Active |
| Ontario Human Rights Commission (the "Commission) | Intervener | Active |
| Manitoba Human Rights Commission | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Coalition pour le mariage civil des couples de même sexe | Intervener | Active |
| Working Group on Civil Unions | Intervener | Active |
| Seventh-Day Adventist Church in Canada | Intervener | Active |
| Canadian Unitarian Council | Intervener | Active |
| Dion, Martin | Intervener | Active |
| United Church of Canada | Intervener | Active |
Counsel
Party: In the Matter of a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003
Counsel
Peter W. Hogg, Q.C.
The Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9704
FAX: (416) 973-0809
Email: michael.morris@justice.gc.ca
Agent
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 Québec
Counsel
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Alberta
Counsel
Margaret Unsworth
Christie J. Stockdale
1500 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8441
FAX: (306) 352-5250
Email: RLeurer@mlt.com
Agent
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 Honourable Anne Cools, Member of the Senate and Roger Gallaway, Member of the House of Commons
Counsel
Dale Wm. Fedorchuk
Ivan Bernardo
2380 Ernest & Young Tower
440 - 2nd Avenue S.W.
Calgary, Alberta
T2P 5E9
Telephone: (403) 537-6536
FAX: (403) 537-6538
Agent
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: Focus on the Family (Canada) Association and Real Women of Canada, collectively as The Association for Marriage and the Family in Ontario
Counsel
5300 Commerce Ct West
199 Bay Street
Toronto, Ontario
M5L 1B9
Telephone: (416) 869-5602
FAX: (416) 947-0866
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Egale Canada Inc. and Melinda Roy, Tanya Chambers, David Shortt, Shane McCloskey, Lloyd Thornhill, Robert Peacock, Robin Roberts, Diana Denny, Wendy Young and Mary Teresa Healy (the "Egale Couples")
Counsel
Joseph Arvay
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6440
FAX: (416) 591-7333
Agent
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698
Party: Canadian Conference of Catholic Bishops
Counsel
200 Elgin Street
Suite 400
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: Canadian Coalition of Liberal Rabbis for same-sex marriage (the "Coalition") and Rabbi Debra Landsberg, as its nominee
Counsel
84 Queen's Park
Toronto, Ontario
M5S 2C5
Telephone: (416) 946-4028
FAX: (416) 946-5069
Agent
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: Canadian Human Rights Commission
Counsel
Andrea Wright
344 Slater Street, 8th Floor
Ottawa, Ontario
K1A 1E1
Telephone: (613) 943-9159
FAX: (613) 993-3089
Email: leslie.reaume@chrc-ccdp.ca
Party: Canadian Bar Association
Counsel
1600 Stock Exchange Tower
300 - 5th Avenue SW
Calgary, Alberta
T2P 3C4
Telephone: (403) 303-9111
FAX: (403) 543-9150
Email: jlebo@mcross.com
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Dawn Barbeau, Elizabeth Barbeau, Peter Cook, Murray Warren, Jane Eaton Hamilton and Joy Masuhara (B.C. Couples)
Counsel
Kingston, Ontario
K7L 3Y6
Telephone: (613) 533-6000 Ext: 74277
FAX: (613) 533-6509
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Metropolitan Community Church of Toronto ("MCCT")
Counsel
R. Trent Morris
Victoria Paris
200 Front Street West
23rd Floor
Toronto, Ontario
M5V 3K2
Telephone: (416) 362-1989
FAX: (416) 362-6204
Email: rde@reko.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Foundation for Equal Families ("the FEF")
Counsel
Kathleen E.L. Riggs
79 Wellington Street West
Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Hedy Halpern, Colleen Rogers, Michael Leshner, Michael Stark, Aloysius Pittman, Thomas Allworth, Dawn Onishenko, Julie Erbland, Carolyn Rowe, Caroline Moffat, Barbara McDowell, Gail Donnelly, Alison Kemper,
Counsel
Joanna Radbord
The Simpson Tower, 32nd Floor
401 Bay Street
Toronto, Ontario
M5H 2Y4
Telephone: (416) 862-9888 Ext: 241
FAX: (416) 862-2142
Agent
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: Joyce Barnet ("Ontario Couples" and Michael Hendricks, Rene LeBoeuf ("Quebec Couples")
Counsel
The Simpson Tower, 32nd Floor
401 Bay Street
Toronto, Ontario
M5H 2Y4
Telephone: (416) 862-9888 Ext: 241
FAX: (416) 862-2142
Agent
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: Islamic Society of North America, the Catholic Civil Rights League and the Evangelical Fellowship of Canada, collectively as the Interfaith Coalition on Marriage and Family ("Interfaith Coalition")
Counsel
Bradley W. Miller
2400 - 130 Adelaide St West
Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-9192
Email: pjervis@lerners.ca
Agent
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 Church of Jesus Christ of Latter Day Saints ("LDS Church")
Counsel
Peter D. Lauwers
Scotia Plaza, Suite 5800
40 King St. W.
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8175
FAX: (416) 595-8695
Email: mfrederick@millerthomson.com
Agent
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: Ontario Conference of Catholic Bishops ("OCCB")
Counsel
Mark Frederick
Suite 600, 60 Columbia Way
Markham, Ontario
L3R 0C9
Telephone: (905) 415-6470
FAX: (905) 415-6777
Email: plauwers@millerthomson.ca
Agent
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: British Columbia Civil Liberties Association (BCCLA)
Counsel
Craig E. Jones, Esq.
3000 - 1055 West Georgia Street
Vancouver, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Email: emm@bht.com
Agent
1600 - 220 Laurier Avenue West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2441
FAX: (613) 567-2921
Email: pchamp@ravenlaw.com
Party: Mouvement laïque québécois
Counsel
801 rue Sherbrooke est
bureau 1100
Montréal, Quebec
H2L 1K7
Telephone: (514) 527-0371
FAX: (514) 527-1561
Agent
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
Party: Ontario Human Rights Commission (the "Commission)
Counsel
Amyn Hadibhai
180 Dundas St West
8th Floor
Toronto, Ontario
M7A 1Z8
Telephone: (416) 326-9876
FAX: (416) 326-9867
Agent
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: Manitoba Human Rights Commission
Counsel
Sean D. Boyd
Manitoba Justice
730 - 415 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2851
FAX: (204) 948-2826
Agent
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: Canadian Civil Liberties Association
Counsel
Odette Soriano
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
Agent
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: Coalition pour le mariage civil des couples de même sexe
Counsel
460, rue Sainte-Catherine Ouest
bureau 410
Montréal, Quebec
H3B 1A7
Telephone: (514) 866-5599
FAX: (514) 866-3151
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Working Group on Civil Unions
Counsel
2100 - 1075 Georgia St. W
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 632-3232
Agent
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: Seventh-Day Adventist Church in Canada
Counsel
Oshawa, Ontario
L1H 1H8
Telephone: (905) 433-0011
FAX: (905) 433-0982
Email: bbussey@sdacc.org
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Canadian Unitarian Council
Counsel
Robert J. Hughes
102 - 4088 Cambie Street
Vancouver, British Columbia
V5Z 2X8
Telephone: (604) 683-4176
FAX: (604) 683-2621
Agent
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698
Party: Dion, Martin
This party is not represented by counsel.
Party: United Church of Canada
Counsel
Kim Mullin
130 King Street West suite 1600 - The Exchange Tower
P.O. BOX 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 365-1110
FAX: (416) 365-1876
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
By Order in Council P.C. 2003-1055, dated the 16th of July 2003, Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 53 of the Supreme Court Act, refers to the Supreme Court of Canada for hearing and consideration the following questions:
1. Is the annexed Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes within the exclusive legislative authority of the Parliament of Canada? If not, in what particular or particulars, and to what extent?
2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars, and to what extent?
3. Does the freedom of religion guaranteed by paragraph 2(a) of the Canadian Charter of Rights and Freedoms protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?
On January 28, 2004, the Governor in Council filed a Notice of Amended Reference amending this Reference by asking a fourth question.
4. Is the opposite-sex requirement for marriage for civil purposes, as established by the common law and set out for Québec in s. 5 of the Federal Law-Civil Law Harmonization Act, No. 1, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent?
Lower court rulings
None.
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.
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.
Downloadable PDFs
Not available
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
Not available
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
Not available