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23968

Fred Harvey v. Attorney General of New Brunswick, et al.

(New Brunswick) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2004-04-20 Payment out cheque issued, ($563.87)
2004-04-02 Approved order for payment out, (sent to Finance April 5/04)
2004-04-02 Decision on miscellaneous motion, to reimburse the $500 security deposit - Document not microfilmed but is on file, Reg
Granted
2004-04-02 Submission of miscellaneous motion, Reg
2004-02-13 Notice of miscellaneous motion, reimbursement of $500 deposit - Document not microfilmed but is on file, Completed on: 2004-02-13 Attorney General of New Brunswick
1996-09-23 Appeal closed
1996-08-29 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1996-08-29 Copy of formal judgment being prepared, Noël, Berthiaume
1996-08-29 Copy of formal judgment being prepared, Burke-Robertson
1996-08-29 Copy of formal judgment being prepared, A.G. of Canada
1996-08-29 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-08-22 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed with costs. L'Heureux-Dubé and McLachlin JJ. would find it unnecessary to answer the constitutional questions. (see file for answers to the constitutional questions).
Dismissed, with costs
1996-08-22 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-08-22 Notice of deposit of judgment sent to all parties, A.G. of Canada
1996-08-22 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1996-08-22 Notice of deposit of judgment sent to all parties, Noël, Berthiaume
1996-02-26 General proceeding, transcripts received and distributed to the judges (94 pages)
1996-02-19 General proceeding, to note an article of Andrew Heard (given in Court Attorney General of New Brunswick
1996-02-19 Hearing of the appeal, 1996-02-19, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-02-16 Correspondence (sent by the Court) to, of Gowlings re: duration of argument
1996-02-14 Correspondence (sent by the Court) to, from G. Garton re: duration of argument
1996-02-05 Response to motion to extend time, to file the A.G. of Ontario factum to Jan. 17/96 (joint with appellant's consent), Completed on: 1996-02-05 Attorney General of New Brunswick
1996-02-05 Response to motion to extend time, to file the A.G. of Ontario factum to Jan. 17/96, Completed on: 1996-02-05 Fred Harvey
1996-02-05 Decision on motion to extend time, to Jan 17/96 to file the factum, Reg
Granted, no order as to costs
1996-02-05 Hearing of motion to extend time, 1996-02-05, to Jan 17/96 to file the factum, Reg
1996-02-05 Submission of motion to extend time, 1996-02-05, to Jan 17/96 to file the factum, Reg
1996-02-01 Correspondence (sent by the Court) to, from Noel, Berthiaume, letter dated Jan. 29/96 re: P.G. Québec n'entend pas plaider oralement lors de l'audition
1996-01-31 $50.00 filing fee for notice of motion, receipt #31484 Attorney General for Ontario
1996-01-31 Affidavit, to file the factum to Jan. 17/96; Robert E. Charney, with service Attorney General for Ontario
1996-01-31 Motion to extend time, to file the factum to Jan. 17/96, with service, Completed on: 1996-01-31 Attorney General for Ontario
1996-01-30 Proof of service, of joint book of authorities
1996-01-29 Book of authorities, 10 copies of vols. 1 and 2, Completed on: 1996-01-29 Fred Harvey
1996-01-17 Intervener's factum, 24 copies (extension of time requested - Karen advised), with service, Completed on: 1996-01-17 Attorney General for Ontario
1996-01-12 Notice of hearing Fred Harvey
1996-01-11 Correspondence (sent by the Court) to, of Karen L. Collins re: duration of argument
1996-01-10 Notice of withdrawal Attorney General of British Columbia
1996-01-03 Appeal hearing scheduled, 1996-02-19
Decision reserved
1995-12-21 Order on motion to extend time, to file the factum
1995-12-21 Decision on motion to extend time, to file the factum to Dec 11/95, Reg
Granted, no order as to costs
1995-12-21 Hearing of motion to extend time, 1995-12-21, to file the factum to Dec 11/95, Reg
1995-12-21 Submission of motion to extend time, 1995-12-21, to file the factum to Dec 11/95, Reg
1995-12-11 Affidavit, to file the factum to Dec. 11/95; Dominique A. Jobin Attorney General of Quebec
1995-12-11 $50.00 filing fee for notice of motion, receipt #31184 Attorney General of Quebec
1995-12-11 Motion to extend time, to file the factum to Dec. 11/95, with service Attorney General of Quebec
1995-12-11 Intervener's factum, 24 copies, with service Attorney General of Quebec
1995-12-05 Proof of service, of the respondents' factum admitted on Nov. 21/95
1995-12-04 Book of authorities, 10 copies. Attorney General of Canada
1995-12-04 Intervener's factum, 24 copies., with service Attorney General of Canada
1995-11-22 Respondent's factum, 23 copies, with service Attorney General of New Brunswick
1995-11-21 Appeal perfected for hearing
1995-11-07 Correspondence (sent by the Court) to, from Gowlings; re: James C. Crocco will not be participating at the hearing of the appeal
1995-09-26 Appellant's factum, 24 copies (see order of 95/08/28), with service Fred Harvey
1995-09-26 General proceeding, 10copies of CHAPTER E-3 Elections Act Fred Harvey
1995-09-12 Correspondence (sent by the Court) to, of E.J. Mockler, Q.C. to advise the Court of his new address
1995-08-28 Order on motion to extend time, to file the factum to Sept 30/95
1995-08-25 $50.00 filing fee for notice of motion, to extend time receipt #30576 Fred Harvey
1995-08-25 Decision on motion to extend time, to file the factum to Sept 30/95, Co
Granted, no order as to costs
1995-08-25 Hearing of motion to extend time, 1995-08-25, to file the factum to Sept 30/95, Co
1995-08-25 Submission of motion to extend time, 1995-08-25, to file the factum to Sept 30/95, Co
1995-08-24 Response to motion to extend time, of Gowling, Strathy re: motion to extend the time to file the appellant's factum to Sept. 30/95 Attorney General of New Brunswick
1995-08-24 Affidavit, of Richard John Scott re: motion to extend the time the file the appellant's factum to Sept. 30/ 95 Fred Harvey
1995-08-24 Motion to extend time, to file the appellant's factum to Sept. 30/95 (filing fee requested) Fred Harvey
1995-08-15 Proof of service, from Mockler, Allen & Wilson re: letter dated July 31/95 (Rule 45)
1995-07-31 Correspondence (sent by the Court) to, sent to A.G. for NB enclosing a Notice from the Registrar pursuant to Rule 45 from A. Roland (DOUBLE REGISTERED) c.c. Brian Crane, Q.C.
1995-07-31 Correspondence (sent by the Court) to, sent to Mockler, Allen & Wilson (Fredericton, NB) enclosing a Notice from the Registrar pursuant to Rule 45 from A. Roland (DOUBLE REGISTERED)
1995-07-10 Close file on Leave
1994-12-01 General proceeding, material to be part of the Certified Case Fred Harvey
1994-12-01 Certified casebook Fred Harvey
1994-10-27 Proof of service, of the notice of intervention by the Att. Gen. of B.C.
1994-10-24 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1994-10-20 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General of British Columbia
1994-10-20 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General for Ontario
1994-10-17 Case on appeal, 23 copies (extension of time requested) Fred Harvey
1994-10-14 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General of Canada
1994-10-11 Order granting leave to appeal
1994-09-27 Notice of constitutional question(s), (2 copies), with service Fred Harvey
1994-09-26 Order on motion to state a constitutional question
1994-09-19 Decision on the motion to state a constitutional question, notices of intention to intervene to be filed by Oct. 24/94 (for questions see file), CJ
Granted, no order as to costs
1994-09-19 Hearing of the motion to state a constitutional question, 1994-09-19, notices of intention to intervene to be filed by Oct. 24/94 (for questions see file), CJ
1994-09-19 Submission of motion to state a constitutional question, 1994-09-19, notices of intention to intervene to be filed by Oct. 24/94 (for questions see file), CJ
1994-08-10 Response to the motion to state a constitutional question, (1 copy) Attorney General of New Brunswick
1994-08-10 Motion to state a constitutional question, (1 copy) Fred Harvey
1994-07-07 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of Rule 32
1994-07-07 Correspondence (sent by the Court) to, sent to Mockler, Allen & Dixon (Fredericton, NB) c.c. Gowling, Strathy & Henderson, enclosing copy of Rule 32
1994-07-07 Correspondence (sent by the Court) to, sent to Department of Justice (Fredericton, NB) c.c. Gowling, Strathy & Henderson enclosing copy of Rule 32
1994-07-07 Correspondence (sent by the Court) to, sent to Crocco, Hunter, Purvis & Depow (Florenceville, NB) c.c. Gowling, Strathy & Henderson, enclosing copy of Rule 32
1994-07-05 Notice of deposit of security, direction #2311, with service
1994-06-30 $500 security deposit paid, direction #2311 Fred Harvey
1994-06-29 Notice of appeal, (1 copy), with service Fred Harvey
1994-06-02 Judgment of the Court on the application for leave to appeal, LaF So Ma, The application for leave to appeal is granted.
Granted, no order as to costs
1994-06-02 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-02-09 All materials on application for leave submitted to the Judges, LaF So Ma
1994-02-04 Applicant's reply to respondent's argument, 5 copies, with service Fred Harvey
1994-01-27 Respondent's response on the application for leave to appeal, 5 copies (joint with respondent H. Myers, R04), with service Dennis Cochrane
1994-01-27 Respondent's response on the application for leave to appeal, 5 copies (JOINT WITH RESPONDENT MINISTER OF MUNICIPALITIES, R02), with service Attorney General of New Brunswick
1994-01-10 General proceeding, 5 copies (ELECTIONS ACT) (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) Fred Harvey
1994-01-10 $30.00 filing fee, receipt no. 24042 Fred Harvey
1994-01-10 Application for leave to appeal, 5 copies (to be considered with No. 23894), with service, Completed on: 1994-01-10 Fred Harvey

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

Main parties - Appellants
Name Role Status
Harvey, Fred Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of New Brunswick Respondent Active
Minister of Municipalities, Culture & Housing Respondent Active
Cochrane, Dennis Respondent Active
Myers, Hazen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: Harvey, Fred

Counsel
Name
Eugene J. Mockler, Q.C.
Contact information
Mockler Peters Oley Rouse
839 Aberdeen Street.
P.O. Box 547
Fredericton, New Brunswick
E3B 5A6
Telephone: (506) 444-6589
FAX: (506) 444-6550
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

Party: Attorney General of New Brunswick

Counsel
Name
Bruce Judah, Q.C.
Contact information
Attorney General of New Brunswick
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
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

Party: Minister of Municipalities, Culture & Housing

Counsel
Name
Bruce Judah, Q.C.
Contact information
Attorney General of New Brunswick
670 King Street, P.O. Box 6000
Centennial Building
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
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

Party: Cochrane, Dennis

Counsel
Name
James C. Crocco
Contact information
Crocco, Hunter, Purvis & Depow
105 CONNELL ST
PO BOX 380
WOODSTOCK, New Brunswick
E0J 2B0
Telephone: (506) 325-3331
FAX: (506) 325-3355
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

Party: Myers, Hazen

Counsel
Name
James C. Crocco
Contact information
Crocco, Hunter, Purvis & Depow
105 CONNELL ST
PO BOX 380
WOODSTOCK, New Brunswick
E0J 2B0
Telephone: (506) 325-3331
FAX: (506) 325-3355
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

Party: Attorney General of Canada

Counsel
Names
George Thomson
Graham Garton, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 941-1866

Party: Attorney General for Ontario

Counsel
Name
Robert Earl Charney
Contact information
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Dominique A. Jobin
Contact information
Procureur général du Québec
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20788
FAX: (418) 644-7030
Email: djobin@justice.gouv.qc.ca
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com

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.

None.

Lower court rulings

March 9, 1993
Court of Queen’s Bench of New Brunswick

F/M/4/93

application allowed in part

November 10, 1993
Court of Appeal of New Brunswick

78/93/CA

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

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

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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Webcasts

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Date modified: 2025-05-13