Case information
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31526
Ronald David Baier, et al. v. Her Majesty the Queen in Right of Alberta
(Alberta) (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) |
|---|---|---|
| 2007-07-04 | Appeal closed | |
| 2007-07-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-06-29 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0403-0296-AC, 2006 ABCA 137, dated May 1, 2006, heard on November 9, 2006, is dismissed with costs, Fish J. dissenting. Dismissed, with costs |
|
| 2006-11-21 | Transcript received, (109 pages) | |
| 2006-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2006-11-09 | Intervener's condensed book, Submitted in Court (14 copies) | Public School Boards' Association of Alberta |
| 2006-11-09 | Intervener's condensed book, Submitted in Court (14 copies) | Alberta Federation of Labour |
| 2006-11-09 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen in Right of Alberta |
| 2006-11-09 | Appellant's condensed book, Submitted in Court (14 copies) | Ronald David Baier |
| 2006-11-09 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-11-09 |
Hearing of the appeal, 2006-11-09, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-10-31 | Notice of appearance, Robert Charney will be present at the hearing. | Attorney General of Ontario |
| 2006-10-31 | Notice of appearance, Neena Sharma and Heidi Hughes will be present at the hearing. | Attorney General of British Columbia |
| 2006-10-30 | Notice of appearance, Leanne Chahley and Daniel Scott will be present at the hearing. | Alberta Federation of Labour |
| 2006-10-30 | Notice of appearance, Allan R. O'Brien will be present at the hearing. | Canadian Teachers' Federation |
| 2006-10-30 | Notice of appearance, James Casey, Sandra Anderson and Ayla Akgungor will be present at the hearing. | Ronald David Baier |
| 2006-10-26 | Notice of appearance, Dale Gibson will be present at the hearing. | Public School Boards' Association of Alberta |
| 2006-10-25 | Notice of appearance, No one appearing at the hearing. | Attorney General of Prince Edward Island |
| 2006-10-25 | Notice of appearance, Kurt J.W. Sandstrom and Alice K. Barnsley will be present at the hearing. | Her Majesty the Queen in Right of Alberta |
| 2006-10-25 |
Order by, Cha, FURTHER TO THE ORDER of Charron J. dated October 12, 2006, granting leave to intervene to the Alberta Federation of Labour, the Public School Boards' Association of Alberta and the Canadian Teachers' Federation; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Attorney General of Prince Edward Island |
| 2006-10-20 | Intervener's factum - AG on constitutional question, Completed on: 2006-10-20 | Attorney General of Prince Edward Island |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Public School Boards' Association of Alberta |
| 2006-10-20 | Intervener's factum, new CD rec'd Nov. 8/06, Completed on: 2006-11-06 | Public School Boards' Association of Alberta |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Attorney General of Ontario |
| 2006-10-20 | Intervener's factum - AG on constitutional question, Completed on: 2006-10-20 | Attorney General of Ontario |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Attorney General of British Columbia |
| 2006-10-20 | Intervener's factum - AG on constitutional question, Completed on: 2006-10-20 | Attorney General of British Columbia |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Alberta Federation of Labour |
| 2006-10-20 | Intervener's factum, Completed on: 2006-10-20 | Alberta Federation of Labour |
| 2006-10-20 | Intervener's book of authorities, Completed on: 2006-10-20 | Canadian Teachers' Federation |
| 2006-10-20 | Intervener's factum, Completed on: 2006-10-20 | Canadian Teachers' Federation |
| 2006-10-19 | Notice of appearance, Gaétan Migneault will be present at the hearing. | Attorney General of New Brunswick |
| 2006-10-19 | Appeal perfected for hearing | |
| 2006-10-18 | Letter sent to Intervener(s) | |
| 2006-10-16 | Correspondence received from, Mr. Sandstrom dated and rec'd by fax Oct. 16/06 re: correction to the respondent's factum - cc. to all parties - original rec'd Oct. 17/06 (sent to the Court on Oct. 19/06) | Her Majesty the Queen in Right of Alberta |
| 2006-10-12 | Respondent's book of authorities, Completed on: 2006-10-12 | Her Majesty the Queen in Right of Alberta |
| 2006-10-12 | Respondent's record, Completed on: 2006-10-12 | Her Majesty the Queen in Right of Alberta |
| 2006-10-12 | Respondent's factum, Completed on: 2006-10-12 | Her Majesty the Queen in Right of Alberta |
| 2006-10-12 | Order on motion for leave to intervene | |
| 2006-10-12 |
Decision on the motion for leave to intervene, Cha, The motion for leave to intervene of the applicant, the Alberta Federation of Labour, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Public School Boards' Association of Alberta, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Canadian Teachers' Federation, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before October 20, 2006. The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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 interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Allowed in part |
|
| 2006-10-12 | Submission of motion for leave to intervene, Cha | |
| 2006-10-10 | Book of authorities, Completed on: 2006-10-10 | Attorney General of New Brunswick |
| 2006-10-10 | Intervener's factum - AG on constitutional question, Completed on: 2006-10-10 | Attorney General of New Brunswick |
| 2006-10-03 | Reply to the motion for leave to intervene, (bookform), Completed on: 2006-10-03 | Canadian Civil Liberties Association (CCLA) |
| 2006-09-28 | Response to the motion for leave to intervene, (Letter Form), from Kurt Sandstrom dated Sept. 26/06 (by 4 last interveners), Completed on: 2006-09-28 | Her Majesty the Queen in Right of Alberta |
| 2006-09-26 | Response to the motion for leave to intervene, (Letter Form), from James T. Casey, Q.C. dated Sept. 26/06 (by last 4 interveners), Completed on: 2006-09-26 | Ronald David Baier |
| 2006-09-22 | Motion for leave to intervene, (bookform), Completed on: 2006-09-22 | Public School Boards' Association of Alberta |
| 2006-09-22 | Motion for leave to intervene, (bookform), Completed on: 2006-09-22 | Alberta Federation of Labour |
| 2006-09-21 | Motion for leave to intervene, (book form), Completed on: 2006-09-21 | Canadian Civil Liberties Association (CCLA) |
| 2006-09-21 | Motion for leave to intervene, (bookform), Completed on: 2006-09-21 | Canadian Teachers' Federation |
| 2006-09-14 | Appellant's book of authorities, Vol. I & II, Completed on: 2006-09-14 | Ronald David Baier |
| 2006-09-14 | Appellant's record, Vol. I & II, Completed on: 2006-09-14 | Ronald David Baier |
| 2006-09-14 | Appellant's factum, Completed on: 2006-09-14 | Ronald David Baier |
| 2006-09-07 | Notice of intervention respecting a constitutional question | Attorney General of Prince Edward Island |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-11-09 Judgment reserved |
|
| 2006-08-18 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2006-08-18 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2006-08-17 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2006-08-17 | Notice of constitutional question(s), (served on Aug. 17/06) | Ronald David Baier |
| 2006-08-17 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2006-08-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-08-17 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Do ss. 1(2)(a) and 1(2)(b) of the School Trustee Statutes Amendment Act, 2002, S.A. 2002, c. 23 infringe s. 2(b) 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. 1(2)(a) and 1(2)(b) of the School Trustee Statutes Amendment Act, 2002, S.A. 2002, c. 23 infringe s. 15 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? 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. The appellants' factum, record and book of authorities shall be served and filed on or before September 15, 2006. 3. The respondent's factum, record and book of authorities shall be served and filed on or before October 13, 2006. 4. Any notices of intervention relating to the constitutional questions shall be served and filed on or before September 8, 2006. 5. Any person interested in applying for leave to intervene shall serve and file their motion on or before September 22, 2006. 6. 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 October 20, 2006. 7. 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. 8. The appeal is scheduled to be heard on November 9, 2006. Granted |
|
| 2006-08-04 | Response to the motion to state a constitutional question, (Letter Form), from Kurt Sandstrom dated Aug. 3/06, Completed on: 2006-08-04 | Her Majesty the Queen in Right of Alberta |
| 2006-08-03 | Submission of motion to state a constitutional question, CJ | |
| 2006-08-03 | Motion to state a constitutional question, Completed on: 2006-08-03 | Ronald David Baier |
| 2006-08-03 | Notice of appeal, Completed on: 2006-08-03 | Ronald David Baier |
| 2006-07-31 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-07-31 | Judgment on leave sent to the parties | |
| 2006-07-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0403-0296-AC, 2006 ABCA 137, dated May 1, 2006, is granted with costs to the applicants in any event of the cause. The appeal is to be expedited and the schedule for filing and serving material shall be set by the Registrar. Granted, with costs |
|
| 2006-07-27 |
Decision on the motion for a stay of execution, (REVISED WITH REASONS), Ro, UPON APPLICATION by counsel for the applicants for a stay of the judgment of the Court of Appeal of Alberta dated May 1, 2006; AND HAVING READ the material filed; AND HAVING HEARD THE PARTIES; AND FOR THE REASONS THAT ARE TO FOLLOW; IT IS HEREBY ORDERED THAT: 1. The applicants, Ronald David Baier, George Ollenberger and Liam McNiff, and all other teachers and employees of a school district or division, charter school or private school who are presently serving as school board trustees are exempted from the operation of s. 22(1.1) of the Local Authorities Election Act, R.S.A. 2000, c. L-21, pending the determination of the application for leave to appeal. In the event that the application for leave is denied, this order will cease to have effect. If leave to appeal is granted, the order will remain in effect until the earlier of the end of their respective terms of office or the date of the judgment on the appeal. 2. There shall be no order as to costs. Granted, no order as to costs |
|
| 2006-07-21 | Applicant's reply to respondent's argument, Completed on: 2006-07-21 | Ronald David Baier |
| 2006-07-21 | All materials on application for leave submitted to the Judges, Ba Cha Ro | |
| 2006-07-12 | Respondent's response on the application for leave to appeal, Completed on: 2006-07-12 | Her Majesty the Queen in Right of Alberta |
| 2006-07-11 | Correspondence received from, K. Sandstrom dated July 11, 2006 (fax copy) re: order | Her Majesty the Queen in Right of Alberta |
| 2006-07-10 | Order issued on motion for a stay of execution, (BY ROTHSTEIN J.) | |
| 2006-07-10 |
Decision on the motion for a stay of execution, (see revised order of July 27/06), Ro, UPON APPLICATION by counsel for the applicants for a stay of the judgment of the Court of Appeal of Alberta dated May 1, 2006; AND HAVING READ the material filed; AND HAVING HEARD THE PARTIES; AND FOR THE REASONS THAT ARE TO FOLLOW; IT IS HEREBY ORDERED THAT: 1. The applicants, Ronald David Baier, George Ollenberger and Liam McNiff, and all other teachers and employees of a school district or division, charter school or private school who were serving school board trustees at the time the Local Authorities Election Act, R.S.A. 2000, c. L-21, s. 22(9) was amended by the School Trustee Statutes Amendment Act, 2002, S.A. 2002, c. 23 are exempted from the operation of the legislation pending the determination of the application for leave to appeal. In the event that the application for leave is denied, this order will cease to have effect. If leave to appeal is granted, the order will remain in effect until the earlier of the end of their respective terms of office or the date of the judgment on the appeal. 2. There shall be no order as to costs. Granted, no order as to costs |
|
| 2006-07-10 |
Hearing of motion for a stay of execution, 2006-07-07, (by telephone conference), Ro Judgment reserved |
|
| 2006-07-04 |
Submission of motion for a stay of execution, 2006-07-07, Ro Judgment reserved |
|
| 2006-07-04 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2006-07-04 | Her Majesty the Queen in Right of Alberta |
| 2006-06-30 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-06-28 | Motion for a stay of execution, Completed on: 2006-06-28 | Ronald David Baier |
| 2006-06-28 | Application for leave to appeal, Trial Court and C/A judgments not signed (rec'd on July 06, 2006 and inserted in leave application), Completed on: 2006-07-06 | Ronald David Baier |
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 |
|---|---|---|
| Baier, Ronald David | Appellant | Active |
| George Ollenberger, Liam Mcniff, Evelyn Alexandra Keith and Alberta Teachers' Association | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen in Right of Alberta | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of New Brunswick | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Prince Edward Island | Intervener | Active |
| Canadian Teachers' Federation | Intervener | Active |
| Alberta Federation of Labour | Intervener | Active |
| Public School Boards' Association of Alberta | Intervener | Active |
Counsel
Party: Baier, Ronald David
Counsel
James T. Casey, Q.C.
Sandra M. Anderson
Ayla Akgungor
Sandra M. Anderson
Ayla Akgungor
Field LLP
2000 Oxford Tower
10235 - 101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-3003
FAX: (780) 428-9329
Email: jcasey@fieldlaw.com
2000 Oxford Tower
10235 - 101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-3003
FAX: (780) 428-9329
Email: jcasey@fieldlaw.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: George Ollenberger, Liam Mcniff, Evelyn Alexandra Keith and Alberta Teachers' Association
Counsel
James T. Casey, Q.C.
Sandra M. Anderson
Ayla Akgungor
Sandra M. Anderson
Ayla Akgungor
Field LLP
2000 Oxford Tower
10235 - 101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-3003
FAX: (780) 428-9329
Email: jcasey@fieldlaw.com
2000 Oxford Tower
10235 - 101 Street
Edmonton, Alberta
T5J 3G1
Telephone: (780) 423-3003
FAX: (780) 428-9329
Email: jcasey@fieldlaw.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen in Right of Alberta
Counsel
Kurt J.W. Sandstrom
Alice K. Barnsley
Alice K. Barnsley
Attorney General of Alberta
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Room 418, 4th Floor, Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-4160
FAX: (780) 425-0307
Email: kurt.sandstrom@gov.ab.ca
Agent
Henry S. Brown, Q.C.
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 New Brunswick
Counsel
Gaétan Migneault
Attorney General of New Brunswick
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.ca
Agent
Brian A. Crane, Q.C.
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
Neena Sharma
E.W. (Heidi) Hughes
E.W. (Heidi) Hughes
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
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
Robert Earl Charney
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4452
FAX: (416) 326-4015
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Prince Edward Island
Counsel
Ruth M. DeMone
Sherry E. Gillis
Sherry E. Gillis
Attorney General of Prince Edward Island
4th Floor, Shaw Building
95 Rochford Street, P.O. Box 2000
Charlottetown, Prince Edward Island
C1A 7N8
Telephone: (902) 368-5486
FAX: (902) 368-4563
4th Floor, Shaw Building
95 Rochford Street, P.O. Box 2000
Charlottetown, Prince Edward Island
C1A 7N8
Telephone: (902) 368-5486
FAX: (902) 368-4563
Agent
Brian A. Crane, Q.C.
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: Canadian Teachers' Federation
Counsel
Allan R. O'Brien
Christopher Rootham
Christopher Rootham
Nelligan O'Brien Payne LLP
1900 - 66 Slater St.
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
1900 - 66 Slater St.
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Alberta Federation of Labour
Counsel
Leanne M. Chahley
Daniel N. Scott
Daniel N. Scott
Blair Chahley Seveny
2000-10130 103 St. N.W.
Edmonton, Alberta
T5J 3N9
Telephone: (780) 423-3433
FAX: (780) 425-6448
2000-10130 103 St. N.W.
Edmonton, Alberta
T5J 3N9
Telephone: (780) 423-3433
FAX: (780) 425-6448
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Public School Boards' Association of Alberta
Counsel
Dale Gibson
Dale, Gibson & Associates
11018 - 125 Street
Edmonton, Alberta
T5M 0M1
Telephone: (780) 452-9530
FAX: (780) 453-5872
11018 - 125 Street
Edmonton, Alberta
T5M 0M1
Telephone: (780) 452-9530
FAX: (780) 453-5872
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@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.
The Respondent, the Province of Alberta, enacted amendments to the Local Authorities Election Act, R.S.A. 2000, c. L-21 which had the effect of precluding school board employees from seeking election to any school board in Alberta while employed by a school board. Prior to these amendments, school board employees were only precluded from seeking election to the school board that employed them. The Appellants are teachers who wish to seek election to a school board without resigning their employment. They applied for a declaration that the amendments were of no force and effect because they infringed ss. 2(b) and 15(1) of the Canadian Charter of Rights and Freedoms. Sulyma J. granted an order that the amendments were contrary to s. 2(b) of the Charter. On appeal, the Respondent’s appeal was allowed.
Lower court rulings
October 13, 2004
Court of Queen’s Bench of Alberta
0403 13835, 2004 ABQB 669
Court of Queen’s Bench of Alberta
0403 13835, 2004 ABQB 669
Order that School Trustee Statutes Act is contrary to s. 2(b) of the Charter granted
May 1, 2006
Court of Appeal of Alberta (Edmonton)
0403-0296-AC, 2006 ABCA 137
Court of Appeal of Alberta (Edmonton)
0403-0296-AC, 2006 ABCA 137
Respondent's appeal allowed and Applicants' cross-appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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.
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Date modified: 2025-05-13