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33990

Attorney General of Quebec, et al. v. A, et al.

(Quebec) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party) (Sealing order)

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)
2013-02-04 Appeal closed
2013-01-28 Formal judgment sent to the registrar of the court of appeal and all parties
2013-01-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-01-25 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeals of the Attorney General of Quebec and B from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019939-099, 2010 QCCA 1978, dated November 3, 2010, heard on January 18, 2012, are allowed and the appeal of A is dismissed, without costs in all cases. Articles 401 to 430, 432, 433, 448 to 484 and 585 of the Civil Code of Québec, S.Q. 1991, c. 64, are constitutional. Deschamps, Cromwell and Karakatsanis JJ. are dissenting in part in the result and Abella J. is dissenting in the result.

The constitutional questions are answered as follows:

1. Do arts. 401 to 430, 432, 433, 448 to 484 and 585 of the Civil Code of Québec, S.Q. 1991, c. 64, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
Answers:

McLachlin C.J. and Deschamps, Abella, Cromwell and Karakatsanis JJ: Yes.
LeBel, Fish, Rothstein and Moldaver JJ.: No.

2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answers:

LeBel, Fish, Rothstein and Moldaver JJ.: It is not necessary to answer this question.
McLachlin C.J.: Yes.
Deschamps, Cromwell and Karakatsanis JJ: Only art. 585 cannot be justified under s. 1.

Abella J.: No.

Allowed in part, without costs
2012-04-04 Correspondence received from, Robert Normey dated April 3, 2012. Re: Return of the lock-up consent form Attorney General of Alberta
2012-04-03 Media lock-up request accepted
2012-04-03 Media lock-up consent form received from, Suzanne Pringle B
2012-04-03 Media lock-up consent form received from, Mark Phillips A
2012-04-02 Media lock-up consent form received from, Benoît Belleau Attorney General of Quebec
2012-03-20 Media lock-up letter, consent form and undertaking sample sent to all parties
2012-03-19 Media lock-up requested or proposed
2012-02-23 Correspondence received from, Pierre Bienvenu dated March 23, 2012 (by e-mail). Re: Hearing can be webcasted B
2012-02-23 Correspondence received from, Mark Phillips dated March 23, 2012 (by e-mail). Re: Hearing can be webcasted A
2012-02-02 Transcript received, (106 pages)
2012-01-18 Judgment reserved OR rendered with reasons to follow
2012-01-18 Hearing of the appeal, 2012-01-18, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2012-01-18 General proceeding, Form re: Webcast Attorney General of Quebec
2012-01-18 Intervener's condensed book, Filed in Court Fédération des associations de familles monoparentales et recomposées du Québec
2012-01-18 Intervener's condensed book, Filed in Court Attorney General of Alberta
2012-01-18 Respondent's condensed book, Filed in Court - SEALED A
2012-01-18 Appellant's condensed book, Filed in Court B
2012-01-18 Appellant's condensed book, Filed in Court Attorney General of Quebec
2012-01-18 Acknowledgement and consent for video taping of proceedings, all parties consented
2012-01-16 Correspondence received from, Ms. Hanlon rec'd by fax re: request for 3 additional seats Women's Legal Education and Action Fund
2012-01-10 Correspondence received from, F. J. Poirier for Suzanne H. Pringle dated Jan. 9/12 re: confirming that Suzanne Pringle is also co-counsel but is not for the firm Norton Rose and that Johane Thibodeau is no longer working for the firm of Suzanne Pringle (by fax) B
2012-01-09 Notice of appearance, Robert J. Normey will be appearing Attorney General of Alberta
2012-01-09 Notice of appearance, Benoit Belleau and Hugo Jean will be appearing Attorney General of Quebec
2012-01-09 Notice of appearance, Guy Pratte, Mark Phillips will be appearing A
2012-01-05 Correspondence received from, Nadia Effendi dated Jan. 5/12 re: request for 2 reserved seats Women's Legal Education and Action Fund
2012-01-05 Notice of appearance, Martha McCarthy and Johanne O'Hanlon will be appearing Women's Legal Education and Action Fund
2011-12-30 Correspondence received from, Pierre Bienvenu dated Dec. 30/11; counsel sheet B
2011-12-30 Correspondence received from, Mark Phillips dated Dec. 30/11; counsel sheet A
2011-12-23 Order by, (BY CROMWELL J.), Cro, FURTHER TO THE ORDER dated October 21, 2011, granting leave to intervene to the Women's Legal Education and Action Fund;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal.
Granted
2011-12-23 Correspondence received from, Mark Phillips dated Dec. 22/11 in response to Mr. Belleau's letter of Dec. 21/11 A
2011-12-22 Correspondence received from, Benoit Belleau dated December 21, 2011. Re: Proposition of distribution of time at the hearing. Attorney General of Quebec
2011-12-20 Correspondence received from, Norton Rose by fax, re.: request for 2 reserved seats at the hearing B
2011-12-20 Notice of appearance, Pierre Bienvenu, Suzanne Pringle, Catherine Martel and Azim Hussain will be present at the hearing. B
2011-12-16 Intervener's book of authorities, (2 volumes), Completed on: 2011-12-16 Women's Legal Education and Action Fund
2011-12-16 Intervener's factum, Completed on: 2011-12-16 Women's Legal Education and Action Fund
2011-12-14 Correspondence received from, J. Verdon by fax, re.: request for 2 reserved seats at the hearing Fédération des associations de familles monoparentales et recomposées du Québec
2011-12-14 Notice of appearance, Gaétan Migneault will be present at the hearing. Attorney General of New Brunswick
2011-12-14 Notice of appearance, Jocelyn Verdon, Dominique Goubau and Mireille Pélissier-Simard will be present at the hearing. Fédération des associations de familles monoparentales et recomposées du Québec
2011-12-08 Notice of hearing sent to parties
2011-12-07 Appeal hearing scheduled, 2012-01-18
Judgment reserved
2011-11-29 Correspondence received from, BLG by mail, re.: request for 3 reserved seats at the hearing A
2011-11-08 Order on motion to seal, BY THE REGISTRAR
2011-11-08 Decision on motion to seal, Reg, UPON MOTIONS by party A for an order sealing the factums filed by A as appellant on September 2, 2011 and as respondent on October 28, 2011;
AND GIVEN the material filed;
IT IS HEREBY ORDERED THAT:
(1) The motions are granted.
(2) The sealed unredacted versions of the factums of party A will be made available only to counsel for the appellants and respondents, their Ottawa agents, the Attorney General of Quebec, the members and staff of this Court, and such other persons as the parties may, in writing, agree or as this Court may further order.
(3) Only the redacted versions of the said factums will be available to the public
Granted
2011-11-08 Submission of motion to seal, Reg
2011-11-07 Intervener's book of authorities, Completed on: 2011-11-07 Attorney General of Alberta
2011-11-07 Intervener's factum - AG on constitutional question, Completed on: 2011-11-07 Attorney General of Alberta
2011-11-03 Appeal perfected for hearing
2011-10-28 Intervener's book of authorities, Completed on: 2011-10-28 Fédération des associations de familles monoparentales et recomposées du Québec
2011-10-28 Intervener's factum, Completed on: 2011-10-28 Fédération des associations de familles monoparentales et recomposées du Québec
2011-10-28 Respondent's book of authorities, (2 volumes), Completed on: 2011-10-28 B
2011-10-28 Respondent's factum, Completed on: 2011-10-28 B
2011-10-28 Respondent's factum, Completed on: 2011-10-28 Attorney General of Quebec
2011-10-28 Motion to seal, the Factum of the Respondent "A" filed on October 28, 2011., Completed on: 2011-11-02 A
2011-10-28 Respondent's book of authorities, Completed on: 2011-10-28 A
2011-10-28 Respondent's factum, SEALED + 2 REDACTED VERSION, Completed on: 2011-10-28 A
2011-10-21 Order on motion for leave to intervene, (BY CROMWELL J.)
2011-10-21 Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Women's Legal Education and Action Fund for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Women's Legal Education and Action Fund is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length.
The request to present oral argument is 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.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Granted
2011-10-21 Submission of motion for leave to intervene, Cro
2011-10-19 Intervener's book of authorities, Completed on: 2011-10-19 Attorney General of New Brunswick
2011-10-19 Intervener's factum - AG on constitutional question, Completed on: 2011-10-19 Attorney General of New Brunswick
2011-10-14 Reply to the motion for leave to intervene, (Letter Form), from Johanne O'Hanlon dated oct. 14/11, Completed on: 2011-10-14 Women's Legal Education and Action Fund
2011-10-11 Response to the motion for leave to intervene, (Letter Form), from Benoît Belleau dated Oct. 11/11, Completed on: 2011-10-11 Attorney General of Quebec
2011-10-11 Response to the motion for leave to intervene, (Letter Form), from Pierre Bienvenu dated Oct. 11/11, Completed on: 2011-10-11 B
2011-10-11 Correspondence received from, (Letter Form), from M. Phillips dated october 11, 2011 re: persons that have access to the sealed documents A
2011-10-11 Response to the motion for leave to intervene, (Letter Form), from M. Phillips dated October 11, 2011, Completed on: 2011-10-11 A
2011-09-30 Motion for leave to intervene, (bookform), Completed on: 2011-09-30 Women's Legal Education and Action Fund
2011-09-02 Appellant's book of authorities, (Vol. 1 to 3), Completed on: 2011-09-23 A
2011-09-02 Appellant's factum, (SEALED + 3 redacted version), Completed on: 2011-09-02 A
2011-09-02 Appellant's record, (JOINT Vol. 1 to 24; 21 to 24 are sealed) please note that we rec'd 3 extra copies of vol. 1., Completed on: 2011-09-02 Attorney General of Quebec
2011-09-02 Appellant's book of authorities, (Vol 1 and 2), Completed on: 2011-09-22 Attorney General of Quebec
2011-09-02 Appellant's factum, (version word rec'd Sept. 23/11), Completed on: 2011-09-23 Attorney General of Quebec
2011-09-02 Appellant's book of authorities, (Vol. 1 and 2), Completed on: 2011-09-22 B
2011-09-02 Appellant's factum, (version rec'd Sept. 23/11), Completed on: 2011-09-23 B
2011-09-02 Motion to seal, Paper form, Completed on: 2011-09-02 A
2011-07-22 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-07-22 Order on motion to directions, (BY LEBEL J.)
2011-07-22 Decision on motion for directions, LeB, UPON A MOTION by B for directions regarding the preparation of and the time to file records and factums;
AND THE MATERIAL FILED by each of the parties having been read;
IT IS HEREBY ORDERED THAT:
1. The filing of a single joint record is granted.
2. The time to file the joint record and the appellants’ factums is extended to September 2, 2011.
3. The time to file the factums of the respondents and of the intervener Fédération des associations de familles monoparentales et recomposées du Québec is extended to October 28, 2011.
4. The addition of the Attorney General of Quebec as a respondent in A’s appeal is granted.
5. The withdrawal of the Attorney General of Canada from the case is granted.
6. Each of the appellants A, B and Attorney General of Quebec is authorized to file a factum not exceeding 60 pages.
The respondent A is authorized to file a factum not exceeding 40 pages.
Each of the respondents B and Attorney General of Quebec is authorized to file a factum not exceeding 20 pages.
The intervener Fédération des associations de familles monoparentales et recomposées du Québec is authorized to file only one factum not exceeding 10 pages
Granted
2011-07-22 Submission of motion for directions, LeB
2011-07-21 Correspondence received from, Richard Gaudreau dated July 21, 2011. Re: Bergeron, Gaudreau will be acting as agent Fédération des associations de familles monoparentales et recomposées du Québec
2011-07-21 Response to motion for directions, (Letter Form), from Jocelyn Verdon dated July 20/11, Completed on: 2011-07-21 Fédération des associations de familles monoparentales et recomposées du Québec
2011-07-15 Correspondence received from, Mark Phillips dated July 15/11 in response to Benoît Belleau's letter of June 30/11 A
2011-07-06 Correspondence received from, M. Phillips by fax, re.: response to document filed June 30/11 A
2011-06-30 Response to motion for directions, motion by "B", Completed on: 2011-06-30 Attorney General of Quebec
2011-06-30 Correspondence received from, Benoit Belleau by fax and dated June 30/11, re.: Style of cause Attorney General of Quebec
2011-06-30 Reply to motion for directions, Completed on: 2011-06-30 B
2011-06-28 Response to motion for directions, motion by "B", Completed on: 2011-06-28 A
2011-06-24 Correspondence received from, François Joyal by fax, re.: AGC does not wish to participate in this appeal
 Attorney General of Canada
2011-06-21 Motion for directions, to file a joint record, a single factum by each of the appellants, respondents and interveners and to extend the time to serve and file the documents to Sept. 2/11, Completed on: 2011-06-21 B
2011-06-21 Notice of intervention respecting a constitutional question Attorney General of Alberta
2011-06-21 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2011-05-31 Correspondence received from, From Sally Gomery dated May 31, 2011. RE: Ogilvy Renault LLP will be known as Norton Rose OR LLP as of June 1, 2011 B
2011-05-25 Notice of constitutional question(s), (bookform) (served upon AGs May 24/11) Attorney General of Quebec
2011-05-20 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2011-05-20 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the Attorney General of Quebec for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1.Do arts. 401 to 430, 432, 433, 448 to 484 and 585 of the Civil Code of Québec, S.Q. 1991, c. 64, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms?
2.If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2011-05-20 Submission of motion to state a constitutional question, CJ
2011-05-11 Reply to the motion to state a constitutional question, (Letter Form), from Pierre Bienvenu dated May 10/11 to Mr. Verdon's letter dated May 6/11, Completed on: 2011-05-10 B
2011-05-10 Reply to the motion to state a constitutional question, (Letter Form), from Benoît Belleau dated May 10/11, Completed on: 2011-05-10 Attorney General of Quebec
2011-05-09 Response to the motion to state a constitutional question, (Letter Form), from Jocelyn Verdon dated May 6/11, Completed on: 2011-05-09 Fédération des associations de familles monoparentales et recomposées du Québec
2011-05-06 Correspondence received from, Benoît Belleau dated May 6/11 re Const. Question Attorney General of Quebec
2011-04-26 Response to the motion to state a constitutional question, (Letter Form), from Sally Gomery dated Apr. 26/11, Completed on: 2011-04-26 B
2011-04-26 Response to the motion to state a constitutional question, email from Mark Phillips dated Apr. 26/11, Completed on: 2011-04-26 A
2011-04-21 Motion to state a constitutional question, Completed on: 2011-04-21 Attorney General of Quebec
2011-04-21 Notice of appeal, Completed on: 2011-04-21 B
2011-04-21 Notice of appeal, Completed on: 2011-04-21 A
2011-04-21 Notice of appeal, Completed on: 2011-04-21 Attorney General of Quebec
2011-03-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-03-25 Judgment on leave sent to the parties
2011-03-24 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019939-099, 2010 QCCA 1978, dated November 3, 2010, are granted with costs in the cause.
Granted, with costs in the cause
2011-02-21 All materials on application for leave submitted to the Judges, LeB De Cha
2011-02-17 Order on miscellaneous motion
2011-02-17 Decision on the miscellaneous motion, for a publication ban of the names and initials of the parties and their children, Reg
Granted
2011-02-17 Submission of miscellaneous motion, Reg
2011-02-14 Applicant's reply to respondent's argument, (Letter Form), from Pierre Bienvenu dated Feb. 14/11 re will not be filing a reply, Completed on: 2011-02-14 B
2011-02-14 Applicant's reply to respondent's argument, (to B and A.G. of Qc), Completed on: 2011-02-14 A
2011-02-11 Response to miscellaneous motion, email from Mark Phillips dated Feb. 11/11, Completed on: 2011-02-11 A
2011-02-10 Response to miscellaneous motion, email from François Joyal dated Feb. 10/11, Completed on: 2011-02-10 Attorney General of Canada
2011-02-07 Respondent's response on the application for leave to appeal, (Letter Form), from Benoît Belleau dated Feb. 7/11, Completed on: 2011-02-07 Attorney General of Quebec
2011-02-07 Respondent's response on the application for leave to appeal, Completed on: 2011-02-07 B
2011-02-07 Respondent's response on the application for leave to appeal, (joint response to B and A.G. of Qc), Completed on: 2011-02-07 A
2011-02-04 Notice of miscellaneous motion, re publication ban with respect to parties and children, Completed on: 2011-02-04 B
2011-02-02 Correspondence received from, Jocelyn Verdon dated Feb. 2/11 in response to Mr. Bienvenu's letter of Jan. 27/11 Fédération des associations de familles monoparentales et recomposées du Québec
2011-01-28 Intervener's memorandum of argument on application for leave, (Letter Form), from François Joyal dated Jan. 28/11 re will not be filing a response to the applications, Completed on: 2011-01-28 Attorney General of Canada
2011-01-27 Intervener's memorandum of argument on application for leave, (Letter Form), from Jocelyn Verdon dated Jan. 25/11 re will not be filing a response to the applications, Completed on: 2011-01-27 Fédération des associations de familles monoparentales et recomposées du Québec
2011-01-27 Correspondence received from, Pierre Bienvenu dated Jan. 27/11 re intervener status B
2011-01-06 Correspondence received from, from François Joyal dated Jan. 4/11 re is counsel of the record Attorney General of Canada
2010-12-30 Application for leave to appeal, THIRD application, Completed on: 2010-12-30 A
2010-12-29 Application for leave to appeal, SECOND application, Completed on: 2010-12-29 B
2010-12-22 Application for leave to appeal, FIRST application, Completed on: 2010-12-22 Attorney General of Quebec

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Attorney General of Quebec Appellant Active

v.

Main parties - Respondents
Name Role Status
A Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
B Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
A Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
A Appellant Active

v.

Sub parties (2) - Respondents
Name Role Status
B Respondent Active
Attorney General of Quebec Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of New Brunswick Intervener Active
Attorney General of Alberta Intervener Active
Fédération des associations de familles monoparentales et recomposées du Québec Intervener Active
Women's Legal Education and Action Fund Intervener Active

Counsel

Party: Attorney General of Quebec

Counsel
Benoit Belleau
Hugo Jean
Bernard, Roy & Associés
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@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: A

Counsel
Guy J. Pratte
Mark Phillips
Borden Ladner Gervais s.e.n.c.r.l., s.r.l.
1000 rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (416) 350-2638
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: B

Counsel
Pierre Bienvenu
Azimuddin Hussain
Catherine Martel
Suzanne H. Pringle
Norton Rose Canada LLP
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4452
FAX: (514) 286-5474
Email: pierre.bienvenu@nortonrose.com
Agent
Sally Gomery
Norton Rose Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.com

Party: Fédération des associations de familles monoparentales et recomposées du Québec

Counsel
Jocelyn Verdon
Mireille Pélissier-Simard
Dominique Goubau
Garneau, Verdon, Michaud, Samson
67, rue Ste-Ursule
Québec, Quebec
G1R 4E7
Telephone: (418) 692-3010
FAX: (418) 692-1742
Email: jocelyn.verdon@gvms.ca
Agent
Richard Gaudreau
Bergeron, Gaudreau
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.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
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: Attorney General of Alberta

Counsel
Robert J. Normey
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@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: Women's Legal Education and Action Fund

Counsel
Johanne Elizabeth O'Hanlon
Martha McCarthy
O'Hanlon, Sanders, Teixeira
101 - 3187 Saint-Jacques St.
Montreal, Quebec
H4C 1G7
Telephone: (514) 985-0965
FAX: (514) 985-0005
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights — Right to equality — Marital status — Remedy — Family law — De facto spouses — Support — Family assets — Whether de facto spouses in Quebec are victims of discrimination within meaning of s. 15 of Charter because Civil Code of Québec does not give them right to support, partition of family patrimony, protection of family residence, partnership of acquests and compensatory allowance, unlike married or civil union spouses — If so, whether such discriminatory treatment is reasonable limit that can be demonstrably justified in free and democratic society within meaning of s. 1 of Charter — Whether majority of Court of Appeal erred in choice of remedy — Civil Code of Québec, R.S.Q., c. C 1991, arts. 401 430, 432 433, 448 484, 585 — Canadian Charter of Rights and Freedoms, ss. 1, 15(1), 24(1).

Under the Civil Code of Québec, de facto spouses have no rights, duties or obligations arising out of living together. As a result, they may not bring support proceedings against each other or partition the family patrimony, and they are not governed by any statutory matrimonial regime. If they break up, support will be awarded only for the needs of children born out of their relationship, in the same way as if they were married or civil union spouses. De facto spouses may decide to enter into a cohabitation agreement. In the instant case, A and B lived together for seven years and had three children together. When they separated, A filed a motion in the Superior Court seeking child custody, support, a lump sum, use of the family residence, a provision for costs and an interim order. The motion was accompanied by a notice to the Attorney General of Quebec stating that A intended to challenge the constitutionality of several provisions of the Civil Code of Québec in order to obtain the same rights for de facto spouses as were granted to married and civil union spouses. The instant applications concern only the constitutional aspect of the motion.

Lower court rulings

July 16, 2009
Superior Court of Quebec

2009 QCCS 3210, 500-04-028504-026

Demandes constitutionnelles rejetées : les dispositions du C.c.Q. contestées sont intra vires de la compétence législative provinciale et ne contreviennent pas à l’art. 15 de la Charte
November 3, 2010
Court of Appeal of Quebec (Montréal)

2010 QCCA 1978, 500-09-019939-099

Pourvoi accueilli en partie : art. 585 C.c.Q. portant sur l’obligation alimentaire déclaré inopérant en raison de son caractère discriminatoire; déclaration d’invalidité suspendue pour 12 mois

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

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27