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.
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.
Date | Proceeding | Filed By (if applicable) |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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
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
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
Peter W. Hogg, Q.C.
Myles J. Kirvan
Claude Joyal, Q.C.
Alexander Pless
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
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
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
E. David D. Tavender, Q.C.
D. Brian Foster, Q.C.
Jordan C. Milne
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
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
Nathaniel Carnegie
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Email: eszach@gov.mb.ca
Agent
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
1874 Scarth Street
8th Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: gmitchell@justice.gov.sk.ca
Agent
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
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
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
Nancy E. Brown
Donald Sutherland
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
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
Massimo C. Starnino
Michael Fenrick
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
Agent
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
Matthew Milne-Smith
David Stolow
1 First Canadian Place
44th Floor
Toronto, Ontario
M5X 1B1
Telephone: (416) 367-6961
FAX: (416) 863-0871
Email: lsarabia@dwpv.com
Agent
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
Darryl C. Patterson
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
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
Éric Préfontaine
Raphael T. Eghan
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
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
Jennifer A. August
S. Zachary Green
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
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
Vanessa O'Connell-Chrétien
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
Mathieu Quenneville
4000 - 1 Place Ville-Marie
Montréal, Quebec
H3B 4M4
Telephone: (514) 871-1522
FAX: (514) 871-8977
Email: rdoray@lavery.ca
Agent
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
Brent J. Arnold
Suite 1600
1 First Canadian Place
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-4432
FAX: (416) 862-7661
Email: kelley.mckinnon@gowlingwlg.com
Agent
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
Luc Giroux
Mélisa Thibault
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
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.
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.
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