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.
33524
Attorney General of Quebec v. Her Majesty the Queen in Right of Canada
(Federal) (Civil) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-03-09 | Appeal closed | |
| 2011-03-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-03-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-03-03 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-426-08, 2009 FCA 361, dated December 9, 2009, heard on October 14, 2010, is dismissed with costs. Dismissed, with costs |
|
| 2010-11-02 | Transcript received, (57 pages) | |
| 2010-10-14 | Judgment reserved OR rendered with reasons to follow | |
| 2010-10-14 | Respondent's condensed book, submitted in Court (14 copies) | Her Majesty the Queen in Right of Canada |
| 2010-10-14 | Appellant's condensed book, submitted in Court (14 copies) | Attorney General of Quebec |
| 2010-10-14 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2010-10-14 |
Hearing of the appeal, 2010-10-14, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-09-10 | Order on motion for additional time to present oral argument, (BY DESCHAMPS J.) | |
| 2010-09-10 |
Decision on motion for additional time to present oral argument, De, UPON APPLICATION by the appellant for leave to present oral argument not exceeding ninety (90) minutes at the hearing of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2010-09-10 | Submission of motion for additional time to present oral argument, De | |
| 2010-09-02 | Response to the motion for additional time to present oral argument, (Letter Form), from René LeBlanc dated Sept. 2/10, Completed on: 2010-09-02 | Her Majesty the Queen in Right of Canada |
| 2010-08-31 | Notice of appearance, René LeBlanc and Bernard Letarte will be present at the hearing. | Her Majesty the Queen in Right of Canada |
| 2010-08-31 | Motion for additional time to present oral argument, of not more than 90 minutes, Completed on: 2010-08-31 | Attorney General of Quebec |
| 2010-08-30 | Notice of appearance, Dominique Rousseau and Mélanie Paradis will be present at the hearing. | Attorney General of Quebec |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-10-14, (start time 9:30 am) Judgment reserved |
|
| 2010-05-26 | Respondent's book of authorities, Completed on: 2010-05-26 | Her Majesty the Queen in Right of Canada |
| 2010-05-26 | Respondent's record, Completed on: 2010-05-26 | Her Majesty the Queen in Right of Canada |
| 2010-05-26 | Respondent's factum, Completed on: 2010-05-26 | Her Majesty the Queen in Right of Canada |
| 2010-05-26 | Appeal perfected for hearing | |
| 2010-03-31 | Supplemental document, Table of Contents in support of the Appellant's Record - 11 copies - service rec'd Apr. 6/10 (10 supplemental Table of Contents received June 15/10), Completed on: 2010-04-07 | Attorney General of Quebec |
| 2010-03-31 | Appellant's record, Vol. 1 to 55 - service rec'd Apr. 6/10, Completed on: 2010-04-07 | Attorney General of Quebec |
| 2010-03-31 | Appellant's book of authorities, Vol. 1 to 3 - service rec'd Apr. 6/10, Completed on: 2010-04-07 | Attorney General of Quebec |
| 2010-03-31 | Appellant's factum, service rec'd Apr. 6/10, Completed on: 2010-04-07 | Attorney General of Quebec |
| 2010-03-01 | Order on motion to file a lengthy factum, (BY REGISTRAR) | |
| 2010-03-01 |
Decision on motion to file a lengthy factum, Reg, UPON A MOTION by the appellant to file a factum not exceeding sixty (60) pages; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The appellant and the respondent are each authorized to file a factum not to exceed 60 pages. Granted |
|
| 2010-03-01 | Submission of motion to file a lengthy factum, Reg | |
| 2010-02-17 | Reply to the motion to file a lengthy factum, email from Noël & Ass. dated Feb. 17/10 re: will not file a reply, Completed on: 2010-02-17 | Attorney General of Quebec |
| 2010-02-16 | Response to the motion to file a lengthy factum, (Letter Form), from René LeBlanc dated Feb. 16/10, Completed on: 2010-02-16 | Her Majesty the Queen in Right of Canada |
| 2010-02-08 | Motion to file a lengthy factum, of 60 pages, Completed on: 2010-02-08 | Attorney General of Quebec |
| 2010-01-20 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-01-08 | Notice of appeal, Completed on: 2010-01-08 | 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 |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Respondent | Active |
Counsel
Party: Attorney General of Quebec
Counsel
Mélanie Paradis
300, boul. Jean-Lesage
Bureau 1.03
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524
FAX: (418) 646-1656
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Her Majesty the Queen in Right of Canada
Counsel
Bernard Letarte
Guy A. Blouin
Ministère de la Justice Canada
284, rue Wellington - 2e étage - SAT 6050
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4657
FAX: (613) 952-6006
Email: rene.leblanc@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
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.
Social welfare law - Social assistance - Financing of social assistance programs - Canada Assistance Plan (CAP) - Agreement entered into by federal and provincial governments under CAP to share costs of welfare services - Federal government refusing to assume share of costs incurred by Quebec for social services provided in schools (SSS), support services provided to adults with disabilities living in residential resources (SSAD) and social services provided to juvenile delinquents - Whether courts below erred in holding that federal government not required to assume costs of SSS and SSAD - An Act to authorize the making of contributions by Canada toward the cost of programs for the provision of assistance and welfare services to and in respect of persons in need, R.S.C. 1985, c. C-1, ss. 2, 3, 4 - Canada Assistance Plan Regulations, C.R.C. 1978, c. 382, ss. 1-8 - Federal-Provincial Fiscal Arrangements and Established Programs Financing Regulations, SOR/78-587, July 24, 1978, ss. 1, 2, 23, 24.
In 1996, the Attorney General of Quebec commenced an action for a declaratory judgment regarding certain provisions of the Act to authorize the making of contributions by Canada toward the cost of programs for the provision of assistance and welfare services to and in respect of persons in need. That statute established the Canada Assistance Plan, under which the federal government was to finance certain of the costs of the social assistance programs and social services of the provinces and territories. The case originated in the federal government’s refusal to assume a share of the costs incurred by Quebec for social services provided in schools and for support services provided to adults with disabilities living in residential resources. The Federal Court dismissed the action. The Federal Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court of Appeal
A-426-08, 2009 CAF 361
L'appel est rejeté avec dépens.
Memorandums of argument on application for leave to appeal
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 filing 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
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.
Downloadable PDFs
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