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.
39636
Honorable Gérard Dugré v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-10-08 | Close file on Leave | |
| 2021-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-09-29 | Judgment on leave sent to the parties | |
| 2021-09-29 |
Judgment of the Court on the application for leave to appeal, The motion for permission to join three (3) Federal Court of Appeal files is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-118-20, A-119-20 and A-120-20, 2021 FCA 40, dated February 26, 2021, is dismissed. Wagner C.J. and Côté J. took no part in the judgment. Dismissed |
|
| 2021-09-29 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2021-08-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-16 | Submission of miscellaneous motion, for consideration by the Court | |
| 2021-07-05 | Correspondence received from, (Letter Form), Notice for adding co-counsel, (Printed version due on 2021-07-12) | Honorable Gérard Dugré |
| 2021-06-10 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-08-13, (Printed version due on 2021-06-17) | Honorable Gérard Dugré |
| 2021-06-08 | Response to miscellaneous motion, (Letter Form), Motion to join, Completed on: 2021-08-13, (Printed version due on 2021-06-15) | Attorney General of Canada |
| 2021-06-08 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-06-15) | Attorney General of Canada |
| 2021-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-08-13, (Printed version due on 2021-06-15) | Attorney General of Canada |
| 2021-05-11 |
Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-05-11 |
|
| 2021-04-26 | Notice of miscellaneous motion, (Book Form), Motion to join, Completed on: 2021-05-11, (Printed version filed on 2021-04-27) | Honorable Gérard Dugré |
| 2021-04-26 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), (Printed version filed on 2021-04-27) | Honorable Gérard Dugré |
| 2021-04-26 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2021-04-27) | Honorable Gérard Dugré |
| 2021-04-26 | Application for leave to appeal, (Book Form), Completed on: 2021-04-26, (Printed version filed on 2021-04-27) | Honorable Gérard Dugré |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Honorable Gérard Dugré | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Honorable Gérard Dugré
Counsel
Camille Vignaud
André Joli-Cœur
1, boul. René-Lévesque Est, 2e étage Est
Montréal, Quebec
H2X 3Z5
Telephone: (514) 798-0869
FAX: (514) 660-5061
Email: mf@fournier.legal
Agent
867, boul. Saint-René Ouest, bureau 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Attorney General of Canada
Counsel
Bernard Letarte
200, boul. René-Lévesque Ouest, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8733
FAX: (514) 496-7876
Email: liliane.bruneau@justice.gc.ca
Agent
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Administrative law ? Judicial review ? Application for stay ? Inquiry process in context of filing of ethics complaints with Canadian Judicial Council ? Test for stay of inquiry ? Extent to which doctrine of prematurity can be considered in applying that test ? Principles arising from this Court’s decision in Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission), [2012] 1 S.C.R. 364 ? Whether court of appeal has power to dismiss appeal as of right without hearing it where appeal is procedurally compliant and ready to be heard ? Federal Courts Act, R.S.C. 1985, c. F 7, s. 18.2.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, the Honourable Gérard Dugré, has been a judge of the Quebec Superior Court since January 2009. Complaints about him were filed with the Canadian Judicial Council. In general terms, the complaints concerned the failure by the applicant to render decisions in a timely manner as well as certain comments or statements that were considered inappropriate in the hearing context. The applicant filed five applications for judicial review of administrative decisions made during the various steps leading to an inquiry by the Inquiry Committee that may be formed by the Canadian Judicial Council under s. 63(3) of the Judges Act, R.S.C. 1985, c. J 1. The respondent, the Attorney General of Canada, filed motions to strike out each of the five applications for judicial review, mainly on the ground that they were all premature given the remedial recourses available through the administrative process itself. In three of the five review application files, the applicant also applied to the Federal Court for a stay of the inquiry by the Council’s Inquiry Committee into the two complaints that were the subject of the other two applications for judicial review, in which the notices of application were struck out (Dugré v. Canada (Attorney General), 2019 FC 1604). The applicant argued that he could have the inquiry stayed because he was challenging, through judicial review, the Inquiry Committee’s decision to issue a notice of allegations to inform him of the allegations that would be the subject of the upcoming inquiry. The Federal Court dismissed the stay application. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court
2020 CF 602, A-118-20; A-119-20 ; A-120-20
Applications to stay Canadian Judicial Council’s inquiry into conduct of Honourable Gérard Dugré pending adjudication on merits of applications for judicial review in files T 1818 19, T 2010 19 and T 450 20 dismissed
Federal Court of Appeal
2021 CAF 40, A-118-20; A-119-20 ; A-120-20
Appeals dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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
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