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33718

In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010

(Canada) (Civil) (Reference)

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)
2012-01-05 Appeal closed
2011-12-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-12-22 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The Reference by the Governor in Council concerning the proposal for an Act respecting securities was heard on April 13 and 14, 2011. The reference question is answered as follows:
The Securities Act as presently drafted is not valid under the general branch of the federal power to regulate trade and commerce under s. 91(2) of the Constitution Act, 1867.
Reference
2011-11-02 Media lock-up request accepted
2011-11-01 Media lock-up consent form received from, Matthew Milne-Smith Canadian Coalition for Good Governance
2011-10-28 Media lock-up consent form received from, Ms O'Connell-Chrétien Mouvement d’Éducation et de Défense des Actionnaires
2011-10-28 Media lock-up consent form received from, John Laskin Investment Industry Association of Canada
2011-10-27 Media lock-up consent form received from, Mahmud Jamal Canadian Bankers Association
2011-10-27 Media lock-up consent form received from, Jean-Yves Bernard Attorney General of Quebec
2011-10-27 Media lock-up consent form received from, Brian Foster Attorney General of Alberta
2011-10-18 Media lock-up consent form received from, Robert Frater In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-10-17 Media lock-up letter, consent form and undertaking sample sent to all parties
2011-10-06 Media lock-up requested or proposed
2011-05-05 Transcript received, (218 pages for the 2 days)
2011-04-14 Judgment reserved OR rendered with reasons to follow
2011-04-13 Hearing of the appeal, 2011-04-13, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2011-04-13 Acknowledgement and consent for video taping of proceedings, All parties consented
2011-04-13 Intervener's condensed book, Filed in Court Attorney General of Quebec
2011-04-13 Intervener's condensed book, Filed in Court Attorney General of Ontario
2011-04-13 Intervener's condensed book, Filed in Court Attorney General of Alberta
2011-04-13 Intervener's condensed book, Filed in Court Canadian Bankers Association
2011-04-13 Appellant's condensed book, Filed in Court In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-04-12 Correspondence received from, Robert Frater rec'd by fax re: correction to vol. 34 part 1 of the Records (14 copies rec'd Apr. 13/2011 and distribute on the bench) In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-04-08 Correspondence received from, Robert Frater rec'd by fax re: proposed changes to the counsel sheet In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-04-07 Correspondence received from, Robert Frater re: filing of Vol. XXXIV part 1 and 2 of the Appellant's Record, with proof of service April 8/11 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-04-07 Correspondence received from, Henry Brown rec'd by fax re: proposed changes to the counsel sheet Attorney General of Alberta
2011-04-07 Correspondence received from, Pierre Landry rec'd by fax re: proposed changes to the counsel sheet Attorney General of Quebec
2011-04-06 Notice of appearance, Jean-Yves Bernard, France Bonsaint and Hugo Jean will be appearing Attorney General of Quebec
2011-04-04 Correspondence received from, Gowlings by email, re.: request for 1 reserved seat at the hearing Canadian Foundation for Advancement of Investor Rights
2011-04-04 Supplemental document, Judgment of the Court of Appeal of Qc dated March 30/11 re Reference concerning the proposed federal Securities Act (bookform) (sent to the Court April 4/11), Completed on: 2011-04-04 Attorney General of Quebec
2011-03-31 Notice of appearance, Luis Sarabia, Matthew Milne-Smith and David Stolow will be appearing Canadian Coalition for Good Governance
2011-03-31 Notice of appearance, Peter Hogg, Claude Joyal, Robert Frater and Alexander Pless will be appearing and Mr. Frater and Mr. Hogg will be makinm the oral submissions. In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-03-31 Correspondence received from, Gowlings by email, re.: request for 3 reserved seats at the hearing Ontario Teachers' Pension Plan Board
2011-03-30 Correspondence received from, B.-R. by email, re.: request for 8 reserved seats at the hearing Attorney General of Ontario
2011-03-29 Notice of withdrawal Attorney General of Nova Scotia
2011-03-29 Notice of appearance, Sébastien Grammond, Luc Giroux and Mélisa Thibault will be present at the hearing. Institute for Governance of Private and Public Organizations
2011-03-29 Correspondence received from, M. Jamal by email, re.: request for 2 reserved seats at the hearing Canadian Bankers Association
2011-03-29 Correspondence received from, V. O'Connell by fax, re.: request for 2 reserved seats at the hearing Mouvement d’Éducation et de Défense des Actionnaires
2011-03-29 Notice of appearance, Mahmud Jamal, Éric Préfontaine and Raphael Egan will be present at the hearing. Canadian Bankers Association
2011-03-29 Notice of appearance, Guy Paquette and Vanessa O'Connell-Chrétien will be present at the hearing. Mouvement d’Éducation et de Défense des Actionnaires
2011-03-24 Notice of appearance, Graeme Mitchell will be present at the hearing. Attorney General of Saskatchewan
2011-03-24 Notice of appearance, Janet Minor, Jennifer August and Zachary Green will be present at the hearing. Attorney General of Ontario
2011-03-23 Notice of appearance, George Copley, Nancy Brown and Donald Sutherland will be present at the hearing. Attorney General of British Columbia
2011-03-22 Correspondence received from, R. Frater by fax, re.: request for 6 reserved seats at the hearing In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-03-17 Correspondence received from, M. Quenneville by fax, re.: request for 2 reserved seats at the hearing Barreau du Québec
2011-03-17 Notice of appearance, Raymond Doray and Mathieu Quenneville will be present at the hearing. Barreau du Québec
2011-03-17 Correspondence received from, Noël & Ass. by email, re.: request for reserved seats at the hearing Attorney General of Quebec
2011-03-16 Correspondence received from, Gowlings by email, re.: request for 2 reserved seats at the hearing Investment Industry Association of Canada
2011-03-15 Notice of hearing sent to parties
2011-03-14 Correspondence (sent by the Court) to, Michael Fenrick, re.: permission to be listed as junior counsel
2011-03-10 Notice of appearance, E. David D. Tavender, Q.C., D. Brian Foster, Q.C., L. Christine Enns and Jordan C. Milne will be present at the hearing. Attorney General of Alberta
2011-03-10 Correspondence received from, N.E. Brown by fax, re.: request for 4 reserved seats at the hearing Attorney General of British Columbia
2011-03-10 Correspondence received from, Gowlings by email, re.: request for 6 reserved seats at the hearing Attorney General of Alberta
2011-03-09 Appeal hearing scheduled, 2011-04-14, Day 2 (start time 9:30 am)
2011-03-09 Notice of appearance, Andrew Lokan, Massimo Starnino and Michael Fenrick will be present at the hearing. Canadian Foundation for Advancement of Investor Rights
2011-03-09 Notice of appearance, Luis Sarabia and Matthew Milne-Smith will be present at the hearing. Canadian Coalition for Good Governance
2011-03-09 Correspondence received from, Gowlings by email, re.: request for 2 reserved seats at the hearing Canadian Coalition for Good Governance
2011-03-09 Appeal hearing scheduled, 2011-04-13, Day 1 (start time 9:30 am)
Judgment reserved
2011-03-08 Supplemental document, decision dated March 8/11 of the Alberta Court of Appeal in Alberta's Reference re the proposed federal Securities Act (with accompaining letter from Henry S. Brown, Q.C. dated March 8/11) (sent to the Court March 9/11), Completed on: 2011-03-08 Attorney General of Alberta
2011-03-08 Notice of appearance, Eugene Szach and Nathaniel Carnegie will be present at the hearing. Attorney General of Manitoba
2011-03-08 Notice of appearance, Kelley McKinnon and Brent Arnold will be present at the hearing. Ontario Teachers' Pension Plan Board
2011-03-08 Notice of appearance, John Laskin and Darryl Patterson will be present at the hearing. Investment Industry Association of Canada
2011-03-03 Order by, LeB, THE FOLLOWING ORDER IS RENDERED:

The time for oral argument by the parties in this Reference shall be as follows:

The Attorney General of Canada: 2 hours

The Attorney General of Québec: 1 hour

The Attorney General of Alberta: 1 hour

The interveners Attorneys General of Ontario, New Brunswick, Manitoba,
British Columbia and Saskatchewan and the interveners Canadian Foundation
for Advancement of Investor Rights, Canadian Coalition for Good Governance,
Investment Industry Association of Canada, Canadian Bankers Association,
Mouvement d'Éducation et de Défense des Actionnaires, Barreau du Québec,
Ontario Teachers' Pension Plan Board and Institut sur la Gouvernance
d'organisations privées et publiques: 15 minutes

Reply by the Attorney General of Canada: 5 minutes
Granted
2011-03-02 Order on motion to extend time
2011-03-02 Decision on motion to extend time, to serve and file the books of authorities to Feb. 17/11, Reg
Granted
2011-03-02 Submission of motion to extend time, Reg
2011-03-01 Appeal perfected for hearing
2011-02-28 Notice of appearance, Gaétan Migneault will be present at the hearing. Attorney General of New Brunswick
2011-02-28 Correspondence received from, Gowling by email, re.: request for 2 reserved seats at the hearing Attorney General of New Brunswick
2011-02-22 Response to motion to extend time, (Letter Form), from Robert Frater dated Feb. 22/11, Completed on: 2011-02-22 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-02-22 Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Feb. 22/11, Completed on: 2011-02-22 Attorney General of Saskatchewan
2011-02-21 Response to motion to extend time, email from Gowlings dated Feb. 18/11, Completed on: 2011-02-21 Canadian Coalition for Good Governance
2011-02-18 Response to motion to extend time, email from Gowlings dated Fev. 18/11, Completed on: 2011-02-18 Investment Industry Association of Canada
2011-02-17 Motion to extend time, to serve and file the books of authorities to Feb. 17/11, Completed on: 2011-02-17 Attorney General of Quebec
2011-02-17 Intervener's book of authorities, Vol. 1 to 8, Completed on: 2011-02-11 Attorney General of Quebec
2011-02-11 Intervener's book of authorities, Completed on: 2011-02-11 Institute for Governance of Private and Public Organizations
2011-02-11 Intervener's factum, CD missing - Rec'd on Feb. 22, 2011, Completed on: 2011-02-22 Institute for Governance of Private and Public Organizations
2011-02-11 Intervener's factum - AG on constitutional question, Completed on: 2011-02-18 Attorney General of Quebec
2011-02-11 Intervener's book of authorities, (Vol. 1 to 4), Completed on: 2011-03-02 Attorney General of Alberta
2011-02-11 Intervener's factum - AG on constitutional question, service of Paquette Gadler to follow, Completed on: 2011-03-02 Attorney General of Alberta
2011-02-11 Intervener's book of authorities, Completed on: 2011-03-02 Attorney General of Manitoba
2011-02-11 Intervener's factum - AG on constitutional question, Completed on: 2011-03-02 Attorney General of Manitoba
2011-02-11 Intervener's book of authorities, Completed on: 2011-02-18 Attorney General of Saskatchewan
2011-02-11 Intervener's factum - AG on constitutional question, service of Paquette Gadler to follow, Completed on: 2011-02-18 Attorney General of Saskatchewan
2011-02-11 Intervener's book of authorities, Completed on: 2011-02-11 Mouvement d’Éducation et de Défense des Actionnaires
2011-02-11 Intervener's factum, Completed on: 2011-02-11 Mouvement d’Éducation et de Défense des Actionnaires
2011-02-11 Intervener's book of authorities, (Vol. 1 and 2) - service of Paquette Gadler rec'd Feb. 15/11, Completed on: 2011-02-17 Barreau du Québec
2011-02-11 Intervener's factum, Service of Paquette Gadler rec'd Feb. 15/11, Completed on: 2011-02-17 Barreau du Québec
2011-02-09 Intervener's book of authorities, Requested a new CD -Rec'd on March 3, 2011 (2 volumes), Completed on: 2011-03-03 Attorney General of British Columbia
2011-02-09 Intervener's factum, Completed on: 2011-02-09 Attorney General of British Columbia
2011-02-08 Intervener's book of authorities, Completed on: 2011-02-08 Attorney General of New Brunswick
2011-02-08 Intervener's factum, Completed on: 2011-02-08 Attorney General of New Brunswick
2011-02-02 Correspondence received from, Robert Frater by fax, re.: posted factum In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-01-26 Order on motion for leave to intervene, (BY LEBEL J.)
2011-01-26 Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Institut sur la Gouvernance d'organisations privées et publiques for an extension of time to apply for leave to intervene and to intervene in the above reference;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Institut sur la Gouvernance d'organisations privées et publiques Canada is granted and the said
intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before February 11, 2011.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties
Granted
2011-01-26 Submission of motion for leave to intervene, LeB
2011-01-24 Correspondence received from, (2 copies of French version rec'd Jan. 24/11) In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-01-21 Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated Jan. 21/11, Completed on: 2011-01-21 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2011-01-14 Motion for leave to intervene, (joint with an extension of time) (bookform), Completed on: 2011-01-14 Institute for Governance of Private and Public Organizations
2011-01-10 Intervener's book of authorities, CD rec'd Jan. 14/11, Completed on: 2011-01-10 Ontario Teachers' Pension Plan Board
2011-01-10 Intervener's factum, Completed on: 2011-01-10 Ontario Teachers' Pension Plan Board
2011-01-10 Intervener's book of authorities, Completed on: 2011-01-10 Canadian Foundation for Advancement of Investor Rights
2011-01-10 Intervener's factum, Completed on: 2011-01-10 Canadian Foundation for Advancement of Investor Rights
2011-01-10 Intervener's book of authorities, Completed on: 2011-01-10 Attorney General of Ontario
2011-01-10 Intervener's factum, Completed on: 2011-01-10 Attorney General of Ontario
2011-01-10 Intervener's book of authorities, Vol. 1 and 2, Completed on: 2011-01-10 Canadian Bankers Association
2011-01-10 Intervener's factum, Completed on: 2011-01-10 Canadian Bankers Association
2011-01-10 Intervener's factum, Completed on: 2011-01-10 Canadian Coalition for Good Governance
2011-01-07 Intervener's factum, Completed on: 2011-01-07 Investment Industry Association of Canada
2011-01-07 Intervener's book of authorities, Completed on: 2011-01-07 Canadian Coalition for Good Governance
2011-01-07 Correspondence received from, George H. Copley, Q.C. dated Jan. 7/11 re: cannot meet Jan. 10/11 deadline and will file an extension of time Attorney General of British Columbia
2010-12-17 Appellant's record, Vol. 1 to 33 + Table of Contents (Vol. 34, 1 and 2 filed April 7, 2011 with service - CD missing), Completed on: 2011-04-08 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-12-17 Appellant's book of authorities, Vol. 1 to 3 - new cd rec'd Jan. 4/11, Completed on: 2011-01-04 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-12-17 Appellant's factum, (2 copies of French version received January 24, 2011), Completed on: 2010-12-17 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-12-06 Order on motion to file a lengthy factum
2010-12-06 Decision on motion to file a lengthy factum, LeB, This motion, for an Order for the filing of a long factum by the Attorneys General of Canada, Quebec and Alberta, was heard Monday, December 6, 2010;
Having read the Notice of Motion, the Affidavit of Robert Frater, and the consents of the parties;
IT IS ORDERED THAT the Attorneys General of Canada, Quebec and Alberta, each may file a factum of 60 pages.
Granted
2010-12-06 Submission of motion to file a lengthy factum, LeB
2010-12-01 Motion to file a lengthy factum, of 60 pages by the Attorneys General of Canada, Quebec and Alberta, Completed on: 2010-12-01 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-11-18 Order on motion to adduce new evidence, (BY LEBEL J.)
2010-11-18 Decision on motion to adduce new evidence, LeB, UPON APPLICATION by the Ontario Teachers' Pension Plan Board for an order extending the time and granting leave to adduce further evidence in the above reference;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted. The Ontario Teachers' Pension Plan Board is entitled to supplement the record in accordance with my order of August 5, 2010. The records of the Attorney General of Canada, the Attorney General of Alberta and the Attorney General of Quebec containing rebuttal evidence must be served no later than November 30, 2010, as per the schedule set by the Deputy Registrar on July 16, 2010.
Granted
2010-11-18 Submission of motion to adduce new evidence, LeB
2010-11-15 Response to the motion to adduce new evidence, (Letter Form), from Pierre Landry dated Nov. 15/10, Completed on: 2010-11-15 Attorney General of Quebec
2010-11-09 Response to the motion to adduce new evidence, (Letter Form), from Henry S. Brown, Q.C. dated Nov. 9/10, Completed on: 2010-11-09 Attorney General of Alberta
2010-11-04 Affidavit, of service of the FAIR intervener's record on the parties Canadian Foundation for Advancement of Investor Rights
2010-11-03 Response to the motion to adduce new evidence, (Letter Form), from Robert Frater dated Nov. 3/10, Completed on: 2010-11-03 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-11-02 Affidavit, of service of the AG of Qc intervener's record on the parties Attorney General of Quebec
2010-11-02 Affidavit, of service of the Barreau du Québec intervener's record on the parties Barreau du Québec
2010-11-01 Affidavit, of service of the IIAC intervener's record on the parties Investment Industry Association of Canada
2010-10-29 Motion to adduce new evidence, (joint with an extension of time) (bookform), Completed on: 2010-10-29 Ontario Teachers' Pension Plan Board
2010-10-28 Affidavit, of service of the CBA intervener's record to the parties Canadian Bankers Association
2010-09-23 Correspondence (sent by the Court) to, V. O'Connell-Chrétien by fax (Sept. 24/10), response to letter of Sept. 14/10; approval to dispense of Ottawa agent
2010-09-15 Correspondence received from, Raymond Doray dated August 25, 2010. Re: Filing of the Acknowledgment and Consent form Barreau du Québec
2010-09-14 Correspondence received from, V. O'Connell-Chrétien to Registrar, dated Sept. 14, 2010, by fax re: requests an exemption to have an agent on the file Mouvement d’Éducation et de Défense des Actionnaires
2010-09-07 Notice of withdrawal, of intervention Attorney General of Prince Edward Island
2010-08-30 Correspondence received from, R. Frater, dated Aug. 30, 2010, re: if anyone wishes to obtain French materials, they can provide an electronic copy, contact Ms. Mesher 613-957-4843 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-08-30 Appellant's record, see order dated June 14, 2010 - 2 vols, (french version available - 2 vols.) DO NOT MICROFILM - New version filed again on Dec. 17/10), Completed on: 2010-08-31 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-08-05 Letter sent to Intervener(s)
2010-08-05 Order on motion for leave to intervene, (BY LEBEL J.)
2010-08-05 Decision on the motion for leave to intervene, LeB, The motions for leave to intervene of the Canadian Foundation for Advancement of Investor Rights, the Canadian Coalition for Good Governance, the Investment Industry Association of Canada, the Canadian Bankers Association, the Mouvement d'Éducation et de Défense des Actionnaires, the Barreau du Québec and the Ontario Teachers' Pension Plan are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length.
As per the schedule set by the Deputy Registrar on July 16, 2010, factums and books of authorities of all interveners who support federal jurisdiction in answer to the constitutional question must be served and filed no later than January 10, 2011. Factums and books of authorities of all other interveners must be served and filed no later than February 11, 2011.
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.
Where the record does not include material or information necessary to support the submissions of the interveners, the Canadian Foundation for Advancement of Investor Rights, the Canadian Bankers Association, the Investment Industry Association of Canada and the Barreau du Québec, shall be entitled to supplement the record, as per the schedule set by the Deputy Registrar on July 16, 2010, for the serving and filing of materials, by serving on or before October 29, 2010, only such relevant material or information as is reasonably necessary to support their submissions provided that such material or information is of assistance to the Court.
Granted
2010-08-04 Submission of motion for leave to intervene, LeB
2010-07-29 Reply to the motion for leave to intervene, (Letter Form), from Raymond Doray dated July 28/10 (to A.G. Qc and Alta + Man.), Completed on: 2010-07-29 Barreau du Québec
2010-07-27 Reply to the motion for leave to intervene, (Letter Form), from Andrew Lokan dated July 27/10 (to A.G. Qc and Alta + Man.), Completed on: 2010-07-27 Canadian Foundation for Advancement of Investor Rights
2010-07-27 Reply to the motion for leave to intervene, (Letter Form), from Mahmud Jamal dated July 27/10 (to A.G. Qc and Alta + Man.), Completed on: 2010-07-27 Canadian Bankers Association
2010-07-26 Reply to the motion for leave to intervene, (Letter Form), from John B. Laskin dated July 26/10 (to A.G. Qc and Alta + Man.), Completed on: 2010-07-26 Investment Industry Association of Canada
2010-07-26 Reply to the motion for leave to intervene, (Letter Form), from Robert Frater dated July 26/10 (to A.G. Qc and Alta + Man.), Completed on: 2010-07-26 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-07-23 Response to the motion for leave to intervene, (Letter Form), from Jean-Yves Bernard dated July 23/10 (by all interveners), Completed on: 2010-07-23 Attorney General of Quebec
2010-07-23 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated July 23/10 (by all interveners), Completed on: 2010-07-23 Attorney General of Alberta
2010-07-21 Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated July 21/10 (by all interveners), Completed on: 2010-07-21 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-07-16 Order by, SCHEDULE FOR SERVICE & FILING OF MATERIALS
Record of the Attorney General of Canada : Must be served no later than August 31st, 2010.
Records of the provincial attorneys general who have intervened pursuant to s. 53(5) of the Supreme Court Act and of any others granted leave to intervene with permission to file a record : Must be served no later than October 29, 2010.
Supplemental records, if any, of the Attorney General of Canada, the Attorney General of Alberta and the Attorney General of Québec containing rebuttal evidence : Must be served no later than November 30, 2010.
Cumulative record of the Attorney General of Canada that contains the record of the Attorney General of Canada and all other records served upon him, Factum and book of authorities of the Attorney General of Canada : Must be served and filed no later than December 17, 2010.
Factums and books of authorities of all interveners who support federal jurisdiction in answer to the constitutional question : Must be served and filed no later than January 10, 2011.
Factums and books of authorities of all provincial attorneys general who have intervened pursuant to s. 53(5) of the Supreme Court Act and of any persons granted leave to intervene in this reference, except those who support federal jurisdiction in answer to the constitutional question : Must be served and filed no later than February 11, 2011.
Hearing Dates. April 13 and 14, 2011.
Reference
2010-07-16 Correspondence (sent by the Court) to, all counsel, by email, together with the schedule for service and filing of materials in this matter
2010-07-16 Correspondence received from, Me Guy Paquette dated July 15/10 re: wants to file a factum and make oral argument at the hearing if his motion for intervention is granted (original rec'd July 19/10) Mouvement d’Éducation et de Défense des Actionnaires
2010-07-16 Correspondence received from, Me Raymond Doray dated July 14/10 re: wants to file a factum and make oral argument at the hearing if his motion for intervention is granted Barreau du Québec
2010-07-13 Motion for leave to intervene, (bookform), Completed on: 2010-07-14 Ontario Teachers' Pension Plan Board
2010-07-13 Motion for leave to intervene, (bookform), Completed on: 2010-07-13 Barreau du Québec
2010-07-13 Motion for leave to intervene, Vol. I to IV, Completed on: 2010-07-13 Mouvement d’Éducation et de Défense des Actionnaires
2010-07-13 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Ontario
2010-07-13 Motion for leave to intervene, (bookform), Completed on: 2010-07-13 Canadian Bankers Association
2010-07-13 Motion for leave to intervene, (bookform), Completed on: 2010-07-13 Investment Industry Association of Canada
2010-07-12 Motion for leave to intervene, (bookform), Completed on: 2010-07-13 Canadian Coalition for Good Governance
2010-07-12 Motion for leave to intervene, Completed on: 2010-07-14 Canadian Foundation for Advancement of Investor Rights
2010-07-12 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Nova Scotia
2010-07-12 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of British Columbia
2010-07-12 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of New Brunswick
2010-07-09 Correspondence received from, Henry S. Brown, Q.C. dated July 9/10 with an agreed Revised Draft Schedule by Canada, Alberta and Quebec Attorney General of Alberta
2010-07-08 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Saskatchewan
2010-07-07 Correspondence received from, Robert J. Frater dated July 7/10 in response to Alberta's reply of July 6/10 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-07-06 Correspondence received from, Henry S. Brown, Q.C. dated July 6/10 in reply to Canada's letter of June 30/10 Attorney General of Alberta
2010-06-30 Correspondence received from, Robert J. Frater dated June 30/10 re: agrees with Court's proposed schedule In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-06-28 Correspondence received from, Henry S. Brown, Q.C. dated June 28/10 re: agrees with the proposed timetable with 3 additions Attorney General of Alberta
2010-06-28 Correspondence received from, Jean-Yves Bernard dated June 28/10 in response to the letter filed June 28/10 by Mr. Brown, Q.C. agent for the A.G. of Alberta and agrees with the draft schedule (original rec'd July 6/10) Attorney General of Quebec
2010-06-25 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Manitoba
2010-06-24 Correspondence received, (Letter Form), from Gaétan Migneault on behalf of the A.G. of New Brunswick, dated June 24-10 re: agrees with the set schedule
2010-06-16 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Alberta
2010-06-16 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Prince Edward Island
2010-06-16 Correspondence received, by email from Jeffrey W. Beedell dated June 16/10 re: Yukon Minister of Justice has decided to not intervene in the Reference
2010-06-14 Correspondence (sent by the Court) to, (see letter) from the Registrar, dated June 14, 2010 re: draft calendar and Order on the Motion for direction.
2010-06-14 Order on motion to directions, (BY CHIEF JUSTICE)
2010-06-14 Decision on motion for directions, CJ, UPON APPLICATION by the Attorney General of Canada for an order 1) directing the Registrar to set this case on the list of cases to be heard by the Court and 2) setting deadlines for filing materials in order to ensure the expeditious hearing of this matter;

AND THE MATERIAL FILED and the submissions of the Attorney General of Canada, the Attorney General of Alberta and the Attorney General of Quebec having been read;

IT IS HEREBY ORDERED THAT:

1.The Registrar is directed to enter this reference on the list of cases to be heard by the Court;

2.Provincial attorneys general and ministers of justice of the governments of the territories shall serve and file notice of their intention to intervene under s. 53(5) of the Supreme Court Act by July 13, 2010;

3.Any person wishing to intervene in this reference shall serve and file their motion for leave to intervene by July 13, 2010;

4.The Attorney General of Canada and any provincial Attorneys General or territorial Ministers of Justice who intervene pursuant to s. 53(5) of the Supreme Court Act shall serve and file their responses, if any, to the motions for leave to intervene by July 23, 2010;

5.Replies to the responses, if any, to the motions for leave to intervene shall be served and filed by July 30, 2010;

6.All other procedural matters, including the schedule for the serving and filing of records, facta, and books of authorities, shall be decided by the Registrar or a justice of the Court, as the case may be.

7.The hearing of the reference is scheduled for April 13 and 14, 2011.

8.No order as to costs is made at the present time.
Reference
2010-06-11 Correspondence received, from Me Guy Paquette (Paquette Gadler Inc.) dated June 11/10 on behalf of the Mouvement d’Éducation et de Défense des Actionnaires (MÉDAC) re: intends to apply for leave to intervene (sent to the Court June 11/10) (original rec'd June 14/10)
2010-06-10 Correspondence received, from Henry S. Brown, Q.C. dated June 10/10 joint with the Alberta's Order in Council - OC 181/2010 - amending the Alberta Reference (sent to the Court June 10/11)
2010-06-08 Correspondence received, from Henry S. Brown, Q.C. dated June 8/10 re: Alberta's reply to Canada's response to Alta's Motion for Directions (sent to the Court June 8/10)
2010-06-07 Correspondence received from, Robert Frater dated June 7/10 in reply to Alberta and Quebec (sent to the Court June 7/10) (original rec'd June 8/10) In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-06-07 Response to motion for directions, (bookform) (sent to the Court June 7/10), Completed on: 2010-06-07 Attorney General of Quebec
2010-06-07 Correspondence received, from Henry S. Brown, Q.C. (by email) dated June 7/10 with a letter from the C/A of Alberta (sent to the Court June 7/10)
2010-06-07 Correspondence received, from Henry S. Brown, Q.C. (by email) dated June 7/10 re: the A.G. of N.S. will be intervening (sent to the Court June 7/10)
2010-06-04 Correspondence received, being a MOTION RECORD from the A.G. of Alberta and response to Canada's Motion (bookform) (sent to the Court June 4/10)
2010-06-03 Correspondence received, from Mahmud Jamal (Osler) dated June 3/10 on behalf of the Canadian Bankers Association re: intends to apply for leave to intervene (sent to the Court June 3/10)
2010-06-03 Correspondence received from, Jean-Yves Bernard dated June 3/10 re: error in his letter of June 2/10 (sent to the Court June 3/10) (original rec'd June 8/10) Attorney General of Quebec
2010-06-02 Correspondence received from, Jean-Yves Bernard dated June 2/10 re: will file its response to the motion for directions on or before June 7/10 (sent to the Court June 2/10) (original rec'd June 8/10) Attorney General of Quebec
2010-06-02 Notice of intervention respecting a constitutional question, NOTICE OF INTERVENTION ON REFERENCE Attorney General of Quebec
2010-06-01 Submission of motion for directions, CJ
2010-06-01 Correspondence received, by email from Janet E. Minor dated June 1/10 on behalf of the A.G. of Ontario re: may wish to intervene and seeks direction (sent to the Court June 1/10)
2010-05-31 Correspondence received, Ms. Enns for the A.G. of Alberta, by email, dated May 31-10 (original June-1-10) re: will be filing a response and notice of intervention by the end of the week (sent to the Court June 1-10)
2010-05-26 Supplemental document, Canada's Proposed Record Vol. I (Expert Reports) and Vol. II (Securities Regulation Reform in a Historical Context) (12 copies) (sent to the Court June 1-10), Completed on: 2010-05-26 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-05-26 Motion for directions, (bookform) (12 copies) (sent to the Court June 1-10), Completed on: 2010-05-26 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010
2010-05-26 Notice of appeal, NOTICE OF REFERENCE (bookform) (served upon all Provincial Attorneys General on May 26/10) (12 copies)(sent to the Court June 1-10), Completed on: 2010-05-26 In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010

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
In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010 Appellant Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Canadian Foundation for Advancement of Investor Rights Intervener Active
Canadian Coalition for Good Governance Intervener Active
Investment Industry Association of Canada Intervener Active
Canadian Bankers Association Intervener Active
Mouvement d’Éducation et de Défense des Actionnaires Intervener Active
Barreau du Québec Intervener Active
Ontario Teachers' Pension Plan Board Intervener Active
Institute for Governance of Private and Public Organizations Intervener Active

Counsel

Party: In the Matter of a Reference by Governor in Council concerning the proposed Canadian Securities Act, as set out in Order in Council P.C. 2010-667, dated May 26, 2010

Counsel
Robert J. Frater
Peter W. Hogg, Q.C.
Myles J. Kirvan
Claude Joyal, Q.C.
Alexander Pless
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Attorney General of Quebec

Counsel
Jean-Yves Bernard
Bernard, Roy & Associés
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51467
FAX: (514) 873-7074
Email: jean-yves.bernard@justice.gouv.qc.ca
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

Party: Attorney General of Alberta

Counsel
L. Christine Enns
E. David D. Tavender, Q.C.
D. Brian Foster, Q.C.
Jordan C. Milne
Attorney General of Alberta
4th Floor, Bowker Bldg.
9833 - 109 Street
Edmonton, Alberta
T5J 3S8
Telephone: (780) 422-4850
FAX: (780) 425-0307
Email: christine.enns@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

Party: Attorney General of Manitoba

Counsel
Eugene B. Szach
Nathaniel Carnegie
Attorney General of Manitoba
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Email: eszach@gov.mb.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

Party: Attorney General of Saskatchewan

Counsel
Graeme G. Mitchell, Q.C.
Attorney General for Saskatchewan
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.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

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
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

Party: Attorney General of British Columbia

Counsel
George H. Copley, Q.C.
Nancy E. Brown
Donald Sutherland
Attorney General of British Columbia
6th Floor, 1001 Douglas St.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@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

Party: Canadian Foundation for Advancement of Investor Rights

Counsel
Andrew K. Lokan
Massimo C. Starnino
Michael Fenrick
Paliare, Roland, Rosenberg, Rothstein, LLP
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
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

Party: Canadian Coalition for Good Governance

Counsel
Luis Sarabia
Matthew Milne-Smith
David Stolow
Davies Ward Phillips & Vineberg LLP
1 First Canadian Place
44th Floor
Toronto, Ontario
M5X 1B1
Telephone: (416) 367-6961
FAX: (416) 863-0871
Email: lsarabia@dwpv.com
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

Party: Investment Industry Association of Canada

Counsel
John B. Laskin
Darryl C. Patterson
Torys LLP
3000 Maritime Life Tower, TD Centre
79 Wellington Street West
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7317
FAX: (416) 865-7380
Email: jlaskin@torys.com
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

Party: Canadian Bankers Association

Counsel
Mahmud Jamal
Éric Préfontaine
Raphael T. Eghan
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Attorney General of Ontario

Counsel
Janet E. Minor
Jennifer A. August
S. Zachary Green
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4137
FAX: (416) 326-4015
Email: janet.minor@jus.gov.on.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

Party: Mouvement d’Éducation et de Défense des Actionnaires

Counsel
Guy Paquette
Vanessa O'Connell-Chrétien
Paquette Gadler Inc.
300 Place d'Youville, bureau B-10
Montréal, Quebec
H2Y 2B6
Telephone: (514) 849-0771
FAX: (514) 849-4817
Email: gpaquette@paquettegadler.com

Party: Barreau du Québec

Counsel
Raymond Doray
Mathieu Quenneville
Lavery Montreal
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
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

Party: Ontario Teachers' Pension Plan Board

Counsel
Kelley M. McKinnon
Brent J. Arnold
Gowling WLG (Canada) LLP
Suite 1600
1 First Canadian Place
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-4432
FAX: (416) 862-7661
Email: kelley.mckinnon@gowlingwlg.com
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

Party: Institute for Governance of Private and Public Organizations

Counsel
Sébastien Grammond
Luc Giroux
Mélisa Thibault
Fraser Milner Casgrain s.r.l.
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-8893
FAX: (514) 866-2241
Email: sebastien.grammond@fmc-law.com
Agent
Thomas A. Houston
Fraser Milner Casgrain LLP
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690

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.

Constitutional law - Division of powers - Commercial law - Negotiable instruments - Securities - Reference

Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice and the Minister of Finance, pursuant to section 53 of the Supreme Court Act, R.S.C. 1985, c. S 26, refers to the Supreme Court of Canada for hearing and consideration the following question:

Is the proposed Canadian Securities Act within the legislative authority of the Parliament of Canada?

Lower court rulings

None.

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.

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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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Date modified: 2025-02-27