Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31955
A.C., et al. v. Director of Child and Family Services
(Manitoba) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-10-15 | Record returned to the Registrar of the Court of Appeal | |
| 2009-07-06 | Correspondence received from, David C. Day, Q.C., dated July 6/09); modification of the order of counsels names in the judgment | A.C. |
| 2009-06-30 | Appeal closed | |
| 2009-06-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-06-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-06-26 |
Judgment on the appeal rendered, CJ Bi LeB De Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Manitoba, Number AH 06-30-06376, 2007 MBCA 9, dated February 5, 2007, heard on May 20, 2008 is dismissed with costs throughout to the child, A.C., Binnie J. dissenting. Dismissed, with costs |
|
| 2008-07-21 | Media lock-up request accepted | |
| 2008-07-15 | Media lock-up consent form received from, Mr. Thiessen by fax dated July-10-08 | Director of Child and Family Services |
| 2008-07-11 | Media lock-up consent form received from, Mr. Ludkiewicz by fax dated July-10-08 | A.C. |
| 2008-07-09 | Media lock-up consent form received from, Mr. Brady by fax dated July-09-08 | A.C. |
| 2008-07-02 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2008-06-13 | Media lock-up requested or proposed | |
| 2008-06-04 | Transcript received, (69 pages) | |
| 2008-05-20 | Intervener's condensed book, submitted in court (14 copies) | Justice for Children and Youth |
| 2008-05-20 | Judgment reserved OR rendered with reasons to follow | |
| 2008-05-20 | Appellant's condensed book, submitted in court (14 copies) | A.C. |
| 2008-05-20 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2008-05-20 |
Hearing of the appeal, 2008-05-20, CJ Bi LeB De Abe Cha Ro Judgment reserved |
|
| 2008-05-14 | Reply factum on appeal, (sent to the Judges May 14-08), Completed on: 2008-05-14 | A.C. |
| 2008-05-14 | Notice of appearance, Cherly Milne and Mary Birdsell will be present at the hearing. | Justice for Children and Youth |
| 2008-05-13 | Order on motion to file a reply factum on appeal | |
| 2008-05-13 |
Decision on the motion to file a reply factum on appeal, of the appellants, Bi Granted |
|
| 2008-05-13 | Submission of motion to file a reply factum on appeal, Bi | |
| 2008-05-13 | Order on motion to extend time | |
| 2008-05-13 |
Decision on motion to extend time, Cha, The motion of the intervener Justice for Children and Youth for an extension of time to file the Factum and Book of Authorities to May 5, 2008, and permission to present 15 minutes of oral argument Granted |
|
| 2008-05-13 | Submission of motion to extend time, Cha | |
| 2008-05-13 | Correspondence received from, (Letter Form), Carol Brossard by fax dated May 13-08 re: correction on counsel sheet. | Attorney General of British Columbia |
| 2008-05-13 |
Order by, CJ, IT IS ORDERED THAT: The respondent is permitted to transfer 15 minutes of oral argument to the intervener, the Attorney General of Manitoba, thereby increasing the Intervener's time to 30 minutes. Granted |
|
| 2008-05-12 | Correspondence received from, Norm Cuddy dated May 12/08 in response to Mr. Day's letter of May 8/08 | Director of Child and Family Services |
| 2008-05-12 | Response to motion to file a reply factum on appeal, (Letter Form), from Norm Cuddy dated May 12/08, Completed on: 2008-05-12 | Director of Child and Family Services |
| 2008-05-12 | Response to motion to extend time, (Letter Form), from Norm Cuddy dated May 12/08, Completed on: 2008-05-12 | Director of Child and Family Services |
| 2008-05-12 | Response to motion to extend time, (Letter Form), from Marie-France Major dated May 12/08, Completed on: 2008-05-12 | A.C. |
| 2008-05-09 | Correspondence received from, Shane H. Brady dated May 8/06 re: supports the motion to file a reply factum | A.C. |
| 2008-05-09 | Appellant's book of authorities, (SUPPLEMENTAL BOOK OF AUTHORITEIS), Completed on: 2008-05-09 | A.C. |
| 2008-05-09 | Motion to file a reply factum on appeal, of 6 pages (bookform), Completed on: 2008-05-09 | A.C. |
| 2008-05-09 | Correspondence received from, Norm Cuddy / Alfred Thiessen dated May-09-09 re: distribution of time at the hearing | Director of Child and Family Services |
| 2008-05-08 | Correspondence received from, David C. Day, Q.C. (by fax) dated May 8/08 re: motion materials on fresh evidence be made available to the panel hearing the appeal (original rec'd May 9/08) | A.C. |
| 2008-05-08 | Notice of withdrawal, of intervention | Attorney General of Nova Scotia |
| 2008-05-07 | Intervener's book of authorities, Completed on: 2008-05-07 | Attorney General of British Columbia |
| 2008-05-06 | Intervener's book of authorities, Completed on: 2008-05-06 | Attorney General of Alberta |
| 2008-05-06 | Intervener's factum - AG on constitutional question, Completed on: 2008-05-06 | Attorney General of Alberta |
| 2008-05-06 | Intervener's factum - AG on constitutional question, ammended CD received may-08-08, Completed on: 2008-05-08 | Attorney General of British Columbia |
| 2008-05-06 | Notice of appearance, Shane H. Brady will be present at the hearing. | A.C. |
| 2008-05-06 | Notice of appearance, David C. Day, Q.C. and Allan Ludkiewicz Shane H. Brady will be present at the hearing. | A.C. |
| 2008-05-05 | Intervener's factum, Completed on: 2008-05-05 | Justice for Children and Youth |
| 2008-05-05 | Intervener's book of authorities, Completed on: 2008-05-05 | Justice for Children and Youth |
| 2008-05-05 | Motion to extend time, for filing Intervener's Factum - AMENDED Notice of Motion & Draft Order rec'd May 8/08), Completed on: 2008-05-08 | Justice for Children and Youth |
| 2008-05-05 | Notice of appearance, Neena Sharma and Karrie Wolfe will be present at the hearing. | Attorney General of British Columbia |
| 2008-05-01 | Correspondence received from, Kris Janovcik, dated May 1, 08 re: hearing | Director of Child and Family Services |
| 2008-04-30 | Correspondence received from, David Day, Q.C., rec'd by fax April 30/08, re: hearing | A.C. |
| 2008-04-30 | Notice of appearance, Margaret Unsworth and Lillian Riczu will be present at the hearing. | Attorney General of Alberta |
| 2008-04-30 | Notice of appearance, Deborah Carlson and Nathaniel Carnegie will be present at the hearing. | Attorney General of Manitoba |
| 2008-04-11 | Notice of appearance, Norm Cuddy, Alfred Thiessen and Kristian J. Janovcik will be present at the hearing | Director of Child and Family Services |
| 2008-04-09 | Intervener's book of authorities, Completed on: 2008-04-09 | Attorney General of Manitoba |
| 2008-04-08 | Intervener's factum - AG on constitutional question, Completed on: 2008-04-08 | Attorney General of Manitoba |
| 2008-04-08 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2008-04-08 |
Decision on the motion for leave to intervene, Cha, The motion for leave to intervene by Justice for Children and Youth is granted and the intervener shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before April 28, 2008. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2008-04-08 | Submission of motion for leave to intervene, Cha | |
| 2008-04-07 | Respondent's book of authorities, Completed on: 2008-04-07 | Director of Child and Family Services |
| 2008-04-07 | Respondent's record, Completed on: 2008-04-07 | Director of Child and Family Services |
| 2008-04-07 | Respondent's factum, (CD rec'd Apr. 9/08), Completed on: 2008-04-21 | Director of Child and Family Services |
| 2008-04-07 | Appeal perfected for hearing | |
| 2008-04-02 | Correspondence received, Lewis, Day dated Apr. 1/08 re: correction pursuant to Binnie, J's direction of Mar. 28/08 (with new CD Rom) | |
| 2008-03-28 | Order on motion to strike out, (BY BINNIE J.) | |
| 2008-03-28 |
Decision on motion to strike out, Bi, UPON MOTION by the respondent for an order expunging from the appellants’ record the affidavit of C.(A.) (Child), sworn May 30, 2006, and the attached exhibits and striking any reference to the said materials in the appellants’ factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The affidavit of C.(A.) (Child), sworn May 30, 2006, and the attached exhibits, and any reference to the said materials in the appellants’ factum, should be struck as not relevant to the present appeal. Granted |
|
| 2008-03-28 | Submission of motion to strike out, Bi | |
| 2008-03-20 | Reply to motion to strike out, e-mail from Alfred Thiessen dated March 20/08 re: will not be filing a reply, Completed on: 2008-03-20 | Director of Child and Family Services |
| 2008-03-20 | Motion to extend time, to file the motion for leave to intervene (to March 19/08)(bookform), Completed on: 2008-04-02 | Justice for Children and Youth |
| 2008-03-19 | Response to motion to extend time, e-mail from Burke-Robertson dated March 19/08, Completed on: 2008-03-19 | Director of Child and Family Services |
| 2008-03-19 | Response to motion to extend time, (Letter Form), (by fax) from Shane H. Brady dated March 19/08, Completed on: 2008-03-19 | A.C. |
| 2008-03-19 | Response to motion to extend time, (Letter Form), (by fax) from Lewis, Day dated March 19/08, Completed on: 2008-03-19 | A.C. |
| 2008-03-19 | Motion for leave to intervene, (bookform), Completed on: 2008-03-19 | Justice for Children and Youth |
| 2008-03-17 | Response to the motion for leave to intervene, (Letter Form), from Shane A. Brady dated March 14/08 (by Justice for Children and Youth), Completed on: 2008-03-17 | A.C. |
| 2008-03-17 | Response to the motion for leave to intervene, (Letter Form), from David C. Day, Q.C. dated March 14/08 (by Justice for Children and Youth), Completed on: 2008-03-17 | A.C. |
| 2008-03-14 | Response to motion to strike out, (Letter Form), from Shane H. Brady dated March 14/08 re: adopts Mr. Day's response, Completed on: 2008-03-14 | A.C. |
| 2008-03-14 | Response to motion to strike out, (bookform), Completed on: 2008-03-14 | A.C. |
| 2008-03-11 | Response to the motion for leave to intervene, (Letter Form), (by fax) from MM. Cuddy and Thiessen dated March 11/08 (by Justice for Children and Youth), Completed on: 2008-03-11 | Director of Child and Family Services |
| 2008-03-04 | Motion to strike out, materials from appellants' record namely the affidavit of A.C. of May 30/06 and attached exhibits(bookform), Completed on: 2008-03-04 | Director of Child and Family Services |
| 2008-03-04 | Order on motion to adduce new evidence, (BY BINNIE J.) | |
| 2008-03-04 |
Decision on motion to adduce new evidence, Bi, This appeal involves the rights of a 14-year-old child. She is a Jehovah’s Witness. She suffers from Crohn’s Disease, a chronic inflammation of parts of the gastro-intestinal tract. On Wednesday, April 12, 2006, she was admitted into hospital after suffering an internal bleed. In the early hours of Sunday morning, April 16, 2006, she suffered another internal bleed, which decreased her hemoglobin count to the point that, in the opinion of the attending medical personnel, she was faced with an imminent and serious risk to her life or health. The hospital wished to give her a blood transfusion but both she and her parents refused to consent to the receipt of any blood or blood products on religious grounds. The Director of Child and Family Services of Manitoba then applied to the court under s. 25 of The Child and Family Services Act, S.M. 1985-86, c. 8 (C.F.S.A.), to authorize qualified medical personnel to give blood transfusions despite the refusal of consent. By order dated April 16, 2006, Kaufman J. on the basis of the medical evidence of Dr. Lipnowski, concluded that without a blood transfusion there was “immediate danger as the minutes go by, if not death, then certainly serious damage”. He acknowledged that the child was mature and did not consent to a blood transfusion; nevertheless, he granted the treatment order because in his view the blood transfusions would be in the child’s best interest. The issue became moot shortly thereafter when a blood transfusion was administered. On appeal from Kaufman J., the Manitoba Court of Appeal concluded that while the issue was moot, it was capable of arising in future cases and would almost always be moot before an appeal could be taken. The Court of Appeal therefore proceeded to hear the appeal and held that the order of Kaufman J. complied with both the C.F.S.A. and with the Charter. The issues on the appeal to this Court are said to be as follows: (1) Do ss. 25(8) and (9) of the Manitoba Child and Family Services Act displace the common law principle relating to mature minors who are nevertheless in need of protection to override their refusal to essential medical treatment, and (2) if so, then have any of the mature minor’s rights under the Charter been violated and if so, are those violations justifiable? The applicants/appellants now seek to introduce as fresh evidence the affidavit of Dr. Aryeh Shandar, sworn May 25, 2006, to respond to the medical evidence of Dr. Lipnowski that formed the factual basis of Kaufman J.’s ruling on April 16, 2006. Had Dr. Shandar’s evidence been available at the time, they say, it might have affected the decision of Kaufman J. to grant the order he did. While I recognize the very strong religious views of the applicants/appellants, and their firm belief that the original order was not properly made, my view is that the proposed evidence of Dr. Shandar has no relevance to the issues to be argued on the appeal. This Court will not retry the factual case before Kaufman J. The argument on appeal is that given the evidence before Kaufman J. the order ought not to have been made as a matter of law having regard to the mature child’s clearly stated wish to refuse the blood transfusion. The applicants also seek to have this application to admit fresh evidence decided by the full panel of the Court at or following the hearing of the appeal scheduled for May 20, 2008. In my view I should deal with the application now. I believe the proferred evidence is irrelevant and destructive of the factual basis of the appeal on which leave was granted. I conclude that the motion should be dismissed without costs. The dismissal, however, is without prejudice to the right of the applicants if they so desire to renew the application for the admission of this fresh evidence to the full panel of the Court at the hearing of the appeal on May 20, 2008. If admitted, arrangements can be made for cross-examination and the subsequent filing of transcripts in the usual way. Dismissed, without costs |
|
| 2008-02-28 | Notice of hearing sent to parties | |
| 2008-02-28 |
Appeal hearing scheduled, 2008-05-20 Judgment reserved |
|
| 2008-02-26 | Submission of motion to adduce new evidence, Bi | |
| 2008-02-22 | Reply to motion to adduce new evidence, (Letter Form), from David C. Day, Q.C. dated Feb. 22/08 (by fax)(original rec'd Feb. 27/08), Completed on: 2008-02-22 | A.C. |
| 2008-02-22 | Response to the motion to adduce new evidence, (Letter Form), from Deborah Carlson dated Feb. 21/08 re: adopts the submissions of the Director of Child & Family Services, Completed on: 2008-02-22 | Attorney General of Manitoba |
| 2008-02-21 | Response to the motion to adduce new evidence, (6 copies), Completed on: 2008-02-21 | Director of Child and Family Services |
| 2008-02-11 | Correspondence received from, Shane H. Brady dated Feb. 11/08 re: supports the motion and factum | A.C. |
| 2008-02-11 | Correspondence received from, David C. Day, Q.C. dated Feb. 11/08 with pages 39.1, 2 & 3 to be inserted in the appellants' factum if the motion is granted | A.C. |
| 2008-02-11 | Supplemental document, with New Evidence (Appellants' Supplementary Record), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Appellant's book of authorities, (Vol. I to IV), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Appellant's record, (pursuant to the decision fo Binnie J.. dated Mar. 28/08, CD filed Apr. 2/08), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Appellant's factum, (new part V served by fax and rec'd Feb. 12/08 and new cd rec'd Feb. 13/08 - pursuant to the decision of Mar. 28/08, new CD rec'd Apr. 2/08), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Motion to adduce new evidence, and for directions (bookform)(14 copies), Completed on: 2008-02-12 | A.C. |
| 2008-02-05 | Notice of change of counsel, dated Feb. 1 /08 re: from George H. Copley, Q.C. to Neena Sharma | Attorney General of British Columbia |
| 2008-01-03 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2007-12-21 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2007-12-19 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2007-12-18 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2007-12-06 | Notice of constitutional question(s), (served on Dec. 10/07) | A.C. |
| 2007-12-03 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2007-12-03 |
Decision on the motion to state a constitutional question, CJ, 1. Do ss. 25(8) and 25(9) of The Child and Family Services Act, S.M. 1985-86, c. 8, infringe s. 2(a) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do ss. 25(8) and 25(9) of The Child and Family Services Act, S.M. 1985-96, c. 8, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Do ss. 25(8) and 25(9) of The Child and Family Services Act, S.M. 1985-86, c. 8, infringe s. 15 of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? IT IS FURTHER ORDERED THAT: 1. The appellants shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from. 2. Any notices of intervention relating to the constitutional questions shall be served and filed on or before January 3, 2008. 3. Any person interested in applying for leave to intervene shall serve and file their motion on or before March 11, 2008. 4. Any interveners under Rule 55 or Rule 61 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before May 6, 2008. 5. Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellants any additional disbursements occasioned to the appellants by their intervention. 6. The appeal is scheduled to be heard on May 20, 2008. Granted |
|
| 2007-11-30 | Submission of motion to state a constitutional question, CJ | |
| 2007-11-27 | Reply to the motion to state a constitutional question, Completed on: 2007-11-27 | A.C. |
| 2007-11-22 | Appeal court record, (joint with Trial Court record - 1 box) | |
| 2007-11-21 | Response to the motion to state a constitutional question, (Letter Form), from Norm Cuddy dated Nov. 21/07, Completed on: 2007-11-21 | Director of Child and Family Services |
| 2007-11-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-11-16 | Response to the motion to state a constitutional question, (Letter Form), from Shane H. Brady dated Nov. 15/07, Completed on: 2007-11-16 | A.C. |
| 2007-11-16 | Motion to state a constitutional question, (bookform), Completed on: 2007-11-22 | A.C. |
| 2007-11-16 | Notice of appeal, (CD filed), Completed on: 2008-02-06 | A.C. |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 |
Judgment of the Court on the application for leave to appeal, Bi LeB De, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AH 06-30-06376, 2007 MBCA 9, dated February 5, 2007, is granted. Granted |
|
| 2007-09-20 | Correspondence received from, Alfred Thiessen dated Sept. 19, 2007. Re: Not filing response on revised application | Director of Child and Family Services |
| 2007-09-17 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2007-09-17 | Correspondence received from, A. Ludkiewicz dated Sept. 17/07 re: revised leave application | A.C. |
| 2007-09-17 | Supplemental document, REVISED LEAVE APPLICATION - as per Binnie J.'s Order dated Sept. 12/07 | A.C. |
| 2007-09-12 | Order on motion to strike out, (BY BINNIE J.) | |
| 2007-09-12 |
Decision on motion to strike out, Bi, UPON MOTION by the respondent for an order expunging from the application for leave to appeal the affidavit of C.(A.) (Child), the reasons for judgment of Goldberg J. (June 28, 2006), and the order of Goldberg J. (June 28, 2006) and any reference to the said materials in the application for leave to appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part. The affidavit of C.(A.) (Child) should be struck as its contents are not relevant to the issue the Court must at this stage determine under S. 43(1)(a) of the Supreme Court Act. The motion to strike the reasons and order of Goldberg J. dated June 28, 2006, is dismissed as these materials, while of little relevance except as background narrative, are already part of the Manitoba Court record, of which this Court could, in any event, take judicial notice. Allowed in part |
|
| 2007-09-10 | Submission of motion to strike out, Bi | |
| 2007-09-10 | Applicant's reply to respondent's argument, Completed on: 2007-09-10 | A.C. |
| 2007-09-07 | Correspondence received from, Allan Ludkiewicz dated Sept. 6/07 re: consents to the A.G. of Manitoba to be added as a party | A.C. |
| 2007-09-07 | Correspondence received from, Marie-France Major dated Sept. 7/07 re: consents to the A.G. of Manitoba to be added as a party | A.C. |
| 2007-08-30 | Intervener's memorandum of argument on application for leave, Completed on: 2007-08-30 | Attorney General of Manitoba |
| 2007-08-29 | Correspondence received from, Burke-Robertson, dated Aug. 29/07; response being filed contingent upon the motion, the Director may seek leave to file and amend response | Director of Child and Family Services |
| 2007-08-29 | Response to motion to strike out, (Letter Form), from Deborah Carlson dated Aug. 28/07 re: supports the motion, Completed on: 2007-08-29 | Attorney General of Manitoba |
| 2007-08-29 | Book of authorities | Director of Child and Family Services |
| 2007-08-29 | Respondent's response on the application for leave to appeal, Completed on: 2007-08-29 | Director of Child and Family Services |
| 2007-08-29 | Reply to motion to strike out, (Letter Form), from Alfred Thiessen dated Aug. 28/07, Completed on: 2007-08-29 | Director of Child and Family Services |
| 2007-08-24 | Response to motion to strike out, (Letter Form), from Shane H. Brady dated Aug. 23/07 re: adopts the position of child A.C., Completed on: 2007-08-24 | A.C. |
| 2007-08-24 | Response to motion to strike out, (bookform), Completed on: 2007-08-24 | A.C. |
| 2007-08-17 | Motion to strike out, the affidavit of A.C. sworn July 9/07 and reasons and order of Goldberg J. rendered June 28/06 (joint with extension of time to file the respondent's response) (bookforn), Completed on: 2007-08-17 | Director of Child and Family Services |
| 2007-08-01 | Notice of change of solicitor, from Michael Thomson to Norm Cuddy | Director of Child and Family Services |
| 2007-07-20 | Correspondence received from, Allan Ludkiewicz dated July 19, 2007. Re: Replacement of page 146 in application. | A.C. |
| 2007-07-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-07-12 | Correspondence received from, Shane Brady dated July 12, 2007. Re: Support of application. | A.C. |
| 2007-07-12 | Book of authorities | A.C. |
| 2007-07-12 | Application for leave to appeal, Replacement of page 146 done on July 23, 2007. Signed C/A Order rec'd on Sept. 7, 2007. (SEE REVISED LEAVE APPLICATION rec'd Sept. 17/07 - as per Binnie J.'s Order), Completed on: 2007-07-12 | A.C. |
| 2007-04-26 | Order on motion to extend the time to file and/or serve the leave application, (BY ROTHSTEIN J.) | |
| 2007-04-26 |
Decision on motion to extend time to file and /or serve the leave application, Ro, UPON APPLICATION by the applicants for an order extending the time to serve and file an application for leave to appeal from the February 5, 2007, decision of the Manitoba Court of Appeal for a period of not more than 60 days from the date the Manitoba Court of Appeal releases its final decision on the applicant's motion for a rehearing of the appeal which was filed March 7, 2007; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2007-04-26 | Submission of motion to extend time to file and/ or serve the leave application, Ro | |
| 2007-04-10 | Correspondence received from, A. Ludkiewicz, dated Apr. 10/07; will not be filing a reply | A.C. |
| 2007-04-10 | Correspondence received, from D. Carlson (A.G. Man.), dated Apr. 10/07; re: does not oppose the extension of time | |
| 2007-04-10 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (A. Thiessen, dated Apr. 9/07) does not oppose, Completed on: 2007-04-10 | Director of Child and Family Services |
| 2007-03-27 | Motion to extend the time to file and or serve the application for leave to appeal, from the date CA Order of rehearing to 60 days (3 copies), Completed on: 2007-04-02 | A.C. |
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 |
|---|---|---|
| A.C. | Appellant | Active |
| A.C. | Appellant | Active |
| A.C. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Director of Child and Family Services | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Justice for Children and Youth | Intervener | Active |
Counsel
Party: A.C.
Counsel
Names
David C. Day, Q.C.
Allan Ludkiewicz
Allan Ludkiewicz
Contact information
Lewis, Day
Suite A (First Floor)
84 Airport Road
St. John's, Newfoundland & Labrador
A1A 4Y3
Telephone: (709) 753-2545
FAX: (709) 753-2266
Email: admin@lewisday.ca
Suite A (First Floor)
84 Airport Road
St. John's, Newfoundland & Labrador
A1A 4Y3
Telephone: (709) 753-2545
FAX: (709) 753-2266
Email: admin@lewisday.ca
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener LLP
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: A.C.
Counsel
Name
Shane Brady
Contact information
W. Glen How & Associates LLP
13893 Highway 7
P.O. Box 40
Georgetown, Ontario
L7G 4T1
Telephone: (905) 873-4545
FAX: (905) 873-4522
Email: sbrady@wghow.ca
13893 Highway 7
P.O. Box 40
Georgetown, Ontario
L7G 4T1
Telephone: (905) 873-4545
FAX: (905) 873-4522
Email: sbrady@wghow.ca
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener LLP
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: A.C.
Counsel
Name
Shane Brady
Contact information
W. Glen How & Associates LLP
13893 Highway 7
P.O. Box 40
Georgetown, Ontario
L7G 4T1
Telephone: (905) 873-4545
FAX: (905) 873-4522
Email: sbrady@wghow.ca
13893 Highway 7
P.O. Box 40
Georgetown, Ontario
L7G 4T1
Telephone: (905) 873-4545
FAX: (905) 873-4522
Email: sbrady@wghow.ca
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener LLP
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Director of Child and Family Services
Counsel
Names
Norm Cuddy
Micheal Thomson
Alfred Thiessen
Kristian J. Janovcik
Micheal Thomson
Alfred Thiessen
Kristian J. Janovcik
Contact information
Tapper Cuddy LLP
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
1000 - 330 St. Mary Avenue
Winnipeg, Manitoba
R3C 3Z5
Telephone: (204) 944-8777
FAX: (204) 947-2593
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Manitoba
Counsel
Names
Deborah L. Carlson
Nathaniel Carnegie
Nathaniel Carnegie
Contact information
Attorney General of Manitoba
1205 - 405 Broadway Ave
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 229-0679
FAX: (204) 945-0053
Email: Deborah.Carlson@gov.mb.ca
1205 - 405 Broadway Ave
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 229-0679
FAX: (204) 945-0053
Email: Deborah.Carlson@gov.mb.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Alberta
Counsel
Names
Margaret Unsworth, Q.C.
Lillian Riczu
Lillian Riczu
Contact information
Attorney General of Alberta
9833 - 109th St NW
4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0072
FAX: (780) 425-0307
Email: margaret.unsworth@gov.ab.ca
9833 - 109th St NW
4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 427-0072
FAX: (780) 425-0307
Email: margaret.unsworth@gov.ab.ca
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of British Columbia
Counsel
Names
Neena Sharma
Karrie Wolfe
Karrie Wolfe
Contact information
Attorney General of British Columbia
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0224
FAX: (604) 660-2636
Email: neena.sharma@gov.bc.ca
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0224
FAX: (604) 660-2636
Email: neena.sharma@gov.bc.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Justice for Children and Youth
Counsel
Names
Cheryl Milne
Lee Ann Chapman
Mary Birdsell
Lee Ann Chapman
Mary Birdsell
Contact information
Canadian Foundation for Children, Youth & the Law
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Email: milnec@lao.on.ca
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Email: milnec@lao.on.ca
Agent
Name
Chantal Tie
Contact information
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
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.
Charter of Rights - Constitutional law - Freedom of religion - Procedural fairness - Right to Equality - Discrimination based on age - Fundamental justice - Right to refuse medical treatment - Parents objecting to blood transfusion for their child for religious reasons - Order granted declaring child in need of protection - Child receiving blood transfusion - Whether provisions of The Child and Family Services Act, C.C.S.M. c. C80 are unconstitutional on the basis that they infringe child’s rights under ss. 2(a), 7 and 15(1) of the Charter - If so, whether infringement is justified as a reasonable limit - Should capacity or an arbitrary legislated age determine a capable patient’s Charter right to make medical treatment decisions - Does s. 1 of the Charter require the state to lead compelling evidence justifying arbitrary age legislation that overrides a capable patient’s medical treatment decisions - Whether lower court erred in taking judicial notice of evidence introduced ex proprio muto - Whether the state presented cogent and compelling evidence justifying Charter violations - Is a capable patient’s Charter right to make medical treatment decisions dependent on province or territory of residence - The Child and Family Services Act, C.C.S.M. c. C80 , s. 25 - Canadian Charter of Rights and Freedoms, ss. 1, 2(a), 7, 15(1).
Lower court rulings
April 16, 2006
Court of Queen’s Bench of Manitoba
CP 06-01-10497
Court of Queen’s Bench of Manitoba
CP 06-01-10497
Motion granted
February 5, 2007
Court of Appeal of Manitoba
AH 06-30-06376, 2007 MBCA 9
Court of Appeal of Manitoba
AH 06-30-06376, 2007 MBCA 9
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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
Related links
Date modified: 2025-05-13