Case information
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33511
Attorney General of Quebec v. Department of Human Resources and Social Development Canada, et al.
(Quebec) (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) |
|---|---|---|
| 2012-01-05 | Appeal closed | |
| 2011-12-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-12-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-12-08 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-018626-085, 2009 QCCA 2246, dated November 18, 2009, heard on February 15, 2011, is dismissed. Section 144 of the Act respecting industrial accidents and occupational diseases is constitutionally inoperative in relation to a requirement to pay under s. 126(4) of the Employment Insurance Act. Dismissed |
|
| 2011-03-03 | Transcript received, (30 pages) | |
| 2011-02-15 | Judgment reserved OR rendered with reasons to follow | |
| 2011-02-15 | Respondent's condensed book, Submitted in Court (14 copies) | Department of Human Resources and Social Development Canada |
| 2011-02-15 | Appellant's condensed book, Submitted in Court (14 copies) | Attorney General of Quebec |
| 2011-02-15 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-02-15 |
Hearing of the appeal, 2011-02-15, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-02-11 | Correspondence received from, B. Letarte by fax, re.: request for 1 reserved seat at the hearing. | Department of Human Resources and Social Development Canada |
| 2011-02-03 | Notice of appearance, Tyna Mason will be present at the hearing. | Attorney General of British Columbia |
| 2011-02-01 | Intervener's book of authorities, Completed on: 2011-02-01 | Attorney General of British Columbia |
| 2011-02-01 | Intervener's factum - AG on constitutional question, Completed on: 2011-02-01 | Attorney General of British Columbia |
| 2011-01-26 | Notice of appearance, Bernard Letarte and Pierre Salois will be appearing | Department of Human Resources and Social Development Canada |
| 2011-01-20 | Notice of appearance, François Bilodeau will not be appearing | Commission de la santé et de la sécurité du travail |
| 2011-01-20 | Correspondence received from, Bernard Letarte dated January 20, 2011. Re: Will not oppose the extension of time from the intervener as long as the factum is served by February 1, 2011 | Department of Human Resources and Social Development Canada |
| 2011-01-20 | Notice of appearance, Alain Gingras and Benoit Boucher will be present at the hearing. | Attorney General of Quebec |
| 2011-01-19 | Correspondence received from, Robert Houston dated January 19, 2011. Re: Will be filing it's factum late with a motion for extension of time. | Attorney General of British Columbia |
| 2010-12-10 | Correspondence received from, André Chagnon dated December 10, 2010. Re: Acting only as consultant for Rock Bruyère | Rock Bruyère |
| 2010-11-16 | Notice of hearing sent to parties | |
| 2010-11-16 |
Appeal hearing scheduled, 2011-02-15, (start time 9:30am) Judgment reserved |
|
| 2010-11-15 | Appeal perfected for hearing | |
| 2010-11-12 | Respondent's book of authorities, (2 volumes), Completed on: 2010-11-12 | Department of Human Resources and Social Development Canada |
| 2010-11-12 | Respondent's record, Completed on: 2010-11-12 | Department of Human Resources and Social Development Canada |
| 2010-11-12 | Respondent's factum, Completed on: 2010-11-12 | Department of Human Resources and Social Development Canada |
| 2010-11-12 | Correspondence received from, François Bilodeau dated November 10, 2010. Re: Will not be participating in the appeal | Commission de la santé et de la sécurité du travail |
| 2010-09-17 | Appellant's book of authorities, Completed on: 2010-09-17 | Attorney General of Quebec |
| 2010-09-17 | Appellant's record, (2 volumes), Completed on: 2010-09-17 | Attorney General of Quebec |
| 2010-09-17 | Appellant's factum, Service on Bruyère missing - Rec'd on Sept. 21, 2010, Completed on: 2010-09-21 | Attorney General of Quebec |
| 2010-08-30 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2010-07-22 | Correspondence received from, François Bilodeau dated July 22, 2010. Re: The law firm of Panneton Lessard has been changed to Vigneault Thibodeau Giard | Commission de la santé et de la sécurité du travail |
| 2010-07-02 | Notice of constitutional question(s), (served upon A.Gs June 30/10) | Attorney General of Quebec |
| 2010-06-29 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2010-06-29 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant 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. Is s. 144 of the Act respecting industrial accidents and occupational diseases, R.S.Q., c. A-3.001, constitutionally inapplicable to a garnishment under s. 126(4) of the Employment Insurance Act, S.C. 1996, c. 23? 2. Is s. 144 of the Act respecting industrial accidents and occupational diseases, R.S.Q., c. A-3.001, constitutionally inoperative in relation to a garnishment under s. 126(4) of the Employment Insurance Act, S.C. 1996, c. 23? Granted |
|
| 2010-06-08 | Submission of motion to state a constitutional question, CJ | |
| 2010-06-01 | Response to the motion to state a constitutional question, (Letter Form), from Bernard Letarte dated June 1/10, Completed on: 2010-06-01 | Department of Human Resources and Social Development Canada |
| 2010-05-31 | Response to the motion to state a constitutional question, Completed on: 2010-05-31 | Commission de la santé et de la sécurité du travail |
| 2010-05-18 | Correspondence received from, P. Landry dated May 17/10 re: will be acting as agent for the respondent "Commission de la Santé et de la Sécurité du Travail" (par fax) | Commission de la santé et de la sécurité du travail |
| 2010-05-18 | General proceeding, Notice of agent representing two opposing parties (service missing for the intervener - rec'd May 21/10) | Attorney General of Quebec |
| 2010-05-10 | Motion to state a constitutional question, Completed on: 2010-05-13 | Attorney General of Quebec |
| 2010-05-10 | Notice of appeal, (service missing on Rock Bruyère - rec'd May 13/10), Completed on: 2010-05-13 | Attorney General of Quebec |
| 2010-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-04-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-23 | Judgment on leave sent to the parties | |
| 2010-04-22 |
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 Quebec (Montréal), Number 500-09-018626-085, 2009 QCCA 2246, dated November 18, 2009, is granted without costs. Granted, without costs |
|
| 2010-03-08 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2010-03-02 | Correspondence (sent by the Court) to, R. Bruyère enclosing a copy of the order dated March 1/10 | |
| 2010-03-01 | Order on motion to add or substitute parties, (BY BINNIE J.) | |
| 2010-03-01 |
Decision on motion to add or substitute parties, Bi, UPON A MOTION by the Attorney General of Quebec for leave to file an application for leave to appeal as a party (s. 47 of the Rules of the Supreme Court of Canada); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion of the Attorney General of Quebec is granted even though it is not strictly necessary. Where a case concerns the constitutional validity of legislation, an attorney general who is responsible for defending the legislation and who intervened as a party in a court of appeal is presumed to have a sufficient interest to file an application for leave to appeal that court’s decision. Granted |
|
| 2010-03-01 | Submission of motion to add or substitute parties, Bi | |
| 2010-02-25 | Response to motion to add or substitute parties, (Letter Form), from François Bilodeau dated Feb. 25/10, Completed on: 2010-02-25 | Commission de la santé et de la sécurité du travail |
| 2010-02-24 | Response to motion to add or substitute parties, (Letter Form), by AG Québec, Completed on: 2010-02-24 | Department of Human Resources and Social Development Canada |
| 2010-02-17 | Motion to add or substitute parties, Completed on: 2010-02-23 | Attorney General of Quebec |
| 2010-02-11 | Applicant's reply to respondent's argument, Completed on: 2010-02-11 | Attorney General of Quebec |
| 2010-02-09 | Correspondence received from, Pierre Landry dated February 8, 2010. Ammendments to court of appeal order. | Attorney General of Quebec |
| 2010-02-04 | Respondent's response on the application for leave to appeal, Completed on: 2010-02-04 | Department of Human Resources and Social Development Canada |
| 2010-01-29 | Respondent's response on the application for leave to appeal, (Letter Form), From François Bilodeau dated January 29, 2010. Re: Will not be filing a response, Completed on: 2010-01-29 | Commission de la santé et de la sécurité du travail |
| 2010-01-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-01-12 | Notice of withdrawal, of Counsel Dany Chamard, with consent. | Rock Bruyère |
| 2010-01-08 | Correspondence received from, Pierre Landry, dated Jan.8-10, by fax, Explaining reasons why Intervenor (AG of Quebec) can file as applicant | Attorney General of Quebec |
| 2010-01-05 | Book of authorities | Attorney General of Quebec |
| 2010-01-05 | Application for leave to appeal, Completed on: 2010-01-05 | Attorney General of Quebec |
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 |
|---|---|---|
| Attorney General of Quebec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Department of Human Resources and Social Development Canada | Respondent | Active |
| Commission de la santé et de la sécurité du travail | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Bruyère, Rock | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Attorney General of Quebec
Counsel
Benoît Boucher
1200, route de l'Église
2e étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: agingras@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Department of Human Resources and Social Development Canada
Counsel
Marc Ribeiro
Pierre Salois
284, rue Wellington, T-6060
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Commission de la santé et de la sécurité du travail
Counsel
85, rue de Martigny Ouest, 6e étage
Saint-Jérôme, Quebec
J7Y 3R8
Telephone: (450) 531-4000 Ext: 5309
FAX: (450) 431-4281
Email: francois.bilodeau@csst.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Bruyère, Rock
This party is not represented by counsel.
Party: Attorney General of British Columbia
Counsel
Tyna Mason
1001 Douglas Street, 3rd floor
P.O. Box 9280 Station Provincial Government
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6559
FAX: (250) 356-9154
Email: richard.butler@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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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.
Constitutional law - Division of powers - Conflicting legislation and federal paramountcy - Civil law - Immunity from seizure of support payments - Unemployment insurance - Seizure by garnishment - Request sent by Employment Insurance Commission to Commission de la santé et de la sécurité du travail to seize amounts CSST preparing to pay to claimant indebted to Commission - Whether s. 144 of Act respecting industrial accidents and occupational diseases, R.S.Q., c. A 3.001, constitutionally inapplicable in respect of garnishment under s. 126(4) of Employment Insurance Act, S.C. 1996, c. 23 - Whether s. 144 of Act respecting industrial accidents and occupational diseases, R.S.Q., c. A 3.001, constitutionally inoperative in respect of garnishment under s. 126(4) of Employment Insurance Act, S.C. 1996, c. 23.
The Intervener, Mr. Bruyère, owed money to the Employment Insurance Commission, which learned that he was receiving indemnities from the CSST and asked the CSST to seize part of those indemnities to pay off his debt. Mr. Bruyère applied to the Superior Court for a declaration that his indemnities were unseizable. The Superior Court allowed the declaratory action, declared the indemnities unseizable and ordered the restitution of the seized amounts. The Court of Appeal reversed that decision and declared the section establishing immunity from seizure inoperative.
Lower court rulings
Superior Court of Quebec
2008 QCCS 1465, 560-17-000838-075
Requête de M. Bruyère en jugement déclaratoire accueillie et ordonnance prononcée contre la CSST à l'effet de lui remettre les sommes saisies; demande de dommages-intérêts de M. Bruyère rejetée.
Court of Appeal of Quebec (Montréal)
2009 QCCA 2246, 500-09-018626-085
Appel accueilli; art. 144 LATMP déclaré inopérant.
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.
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