Application for leave -- Supreme Court of Canada
An application has been filed in the Supreme Court of Canada for leave to appeal the Federal Court of Appeal decision. Here are links to the parties' filings with the Supreme Court:
Applicant's memorandum dated 20 June 2018
Respondent's memorandum dated 8 August 2018
Applicant's Reply dated 20 August 2018
The Supreme Court of Canada declined to hear the appeal. See www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=38179
Applicant's memorandum dated 20 June 2018
Respondent's memorandum dated 8 August 2018
Applicant's Reply dated 20 August 2018
The Supreme Court of Canada declined to hear the appeal. See www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=38179
Decision of the Federal Court of Appeal
Reasons in English
Motifs en français
Decision of Federal Court that was appealed from
On March 2, 2016, Mr. Justice Simon Noël of the Federal Court released his judgment/reasons. Here are links to it:
Judgment and Reasons in English
Jugement et motifs en français
This decision in effect holds that it is sufficient if examinations of proposed regulations, enacted regulations or bills ask the questions
- Is this [regulation/bill] so clearly or certainly inconsistent with the Charter or the Bill of Rights that not even one argument can reasonably be made in favour of its consistency?
- Is this [proposed regulation] so clearly or certainly not authorized by the Act under which it is proposed to be made that not even one argument can reasonably be made in favour of it being authorized?
- to "ensure" that proposed regulations are authorized and are not inconsistent with the Charter or Bill of Rights; and
- to ascertain/research/verify whether any provisions of the [regulation/bill] are inconsistent with the Charter or Bill of Rights.
The plaintiff believes that this decision is in error and has filed an appeal of it with the Federal Court of Appeal. The concepts represented by the underlined and bolded words above do not appear in the provisions and ought not, in the view of the plaintiff, to be read into them.
The appeal was heard on 8 February 2017. As of 23 November 2017, a decision on the appeal is still awaited.
Notice of Appeal to Federal Court of Appeal
Notice of Appeal
Memoranda of Fact and Law (informally called a "factum")
Appellant's Memorandum
AG's Memorandum
CCLA and BCCLA Memorandum
Applications to InterveneT
Two applications to intervene have been filed. Click on the links below to see them.
British Columbia Civil Liberties Association application
Canadian Civil Liberties Association application
AG's Response
BCCLA Reply
CCLA Reply
Order of Court allowing interventions
Motion for order directing AG to pay for plaintiff's counsel
A motion was filed on behalf of the appellant for an order directing the AG to pay for the appellant's legal counsel. Here are the related documents.
Appellant's motions brief (Pt 1, Pt 2 was the authorities)
AG's response (to come)
Order refusing the motion
Reasons for order