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.
34128
Pierino Divito v. Minister of Public Safety and Emergency Preparedness
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-09-20 | Appeal closed | |
| 2013-09-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-09-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-09-19 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-425-09, 2011 FCA 39, dated February 3, 2011, heard on February 18, 2013, is dismissed. The constitutional questions are answered as follows: (1) Do ss. 10(1)(a) and 10(2)(a), read in conjunction with s. 8(1), of the International Transfer of Offenders Act, S.C. 2004, c. 21, infringe the right guaranteed by s. 6(1) of the Canadian Charter of Rights and Freedoms? Answer: No. McLachlin C.J. and LeBel and Fish JJ. would answer in the affirmative. (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? Answer: It is not necessary to answer this question. McLachlin C.J. and LeBel and Fish JJ. would answer in the affirmative. Dismissed |
|
| 2013-03-14 | Correspondence received from, Ginette Gobeil dated Mar. 14/13 and rec'd by fax re: error in letter of Mar. 4/13 (sent to the Court Mar. 15/13) | Minister of Public Safety and Emergency Preparedness |
| 2013-03-04 | Correspondence received from, Ginette Gobeil dated Mar. 4/13 re: advising the Court the Mr. Divito as been released (sent to the Court Mar. 5/13) | Minister of Public Safety and Emergency Preparedness |
| 2013-03-01 | Transcript received, (91 pages) | |
| 2013-02-25 | Supplemental document, (Letter Form), Details concerning detention (Sent to the Court on February 25, 2013), Completed on: 2013-02-25 | Pierino Divito |
| 2013-02-21 | Correspondence received, From Thomas Ullyett of Yukon dated February 4, 2013. Re: Will not be filing a factum on intervention | |
| 2013-02-18 | Judgment reserved OR rendered with reasons to follow | |
| 2013-02-18 | Intervener's condensed book, Submitted in Court (14 copies) | David Asper Centre for Constitutional Rights |
| 2013-02-18 | Respondent's condensed book, Submitted in Court (14 copies) | Minister of Public Safety and Emergency Preparedness |
| 2013-02-18 | Appellant's condensed book, Submitted in Court (14 copies) | Pierino Divito |
| 2013-02-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-02-18 |
Hearing of the appeal, 2013-02-18, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-02-15 | Correspondence received from, 3 reserved seats requested | Canadian Civil Liberties Association |
| 2013-02-13 | Notice of appearance, Cheryl Milne and Audrey Macklin will be present at the hearing. | David Asper Centre for Constitutional Rights |
| 2013-02-12 | Notice of appearance, Gib van Ert, Michael Sobkin and Heather Cochran will be present at the hearing. | British Columbia Civil Liberties Association |
| 2013-02-12 |
Order by, F, FURTHER TO THE ORDER dated January 24, 2013, granting leave to intervene to the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights and the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2013-02-12 | Reply factum on appeal, Completed on: 2013-02-12 | Minister of Public Safety and Emergency Preparedness |
| 2013-02-11 | Correspondence received from, 6 reserved seats requested | Minister of Public Safety and Emergency Preparedness |
| 2013-02-08 | Intervener's book of authorities, Completed on: 2013-02-08 | David Asper Centre for Constitutional Rights |
| 2013-02-08 | Intervener's factum, Completed on: 2013-02-08 | David Asper Centre for Constitutional Rights |
| 2013-02-08 | Intervener's book of authorities, Completed on: 2013-02-08 | British Columbia Civil Liberties Association |
| 2013-02-08 | Intervener's factum, Completed on: 2013-02-08 | British Columbia Civil Liberties Association |
| 2013-02-08 | Intervener's book of authorities, Completed on: 2013-02-08 | Canadian Civil Liberties Association |
| 2013-02-08 | Intervener's factum, Completed on: 2013-02-08 | Canadian Civil Liberties Association |
| 2013-02-07 | Notice of appearance, Lorne Waldman, Clarisa Waldman and Tamara Morgenthau will be present at the hearing. | Canadian Civil Liberties Association |
| 2013-02-06 | Appeal perfected for hearing | |
| 2013-02-05 | Notice of appearance, Clemente Monterosso and Laurent Carignan will be present at the hearing. | Pierino Divito |
| 2013-02-04 | Respondent's book of authorities, (2 volumes), Completed on: 2013-02-04 | Minister of Public Safety and Emergency Preparedness |
| 2013-02-04 | Respondent's record, Completed on: 2013-02-04 | Minister of Public Safety and Emergency Preparedness |
| 2013-02-04 | Respondent's factum, Completed on: 2013-02-04 | Minister of Public Safety and Emergency Preparedness |
| 2013-01-25 | Order on motion to extend time, (by FISH J.) | |
| 2013-01-25 |
Decision on motion to extend time, F, UPON APPLICATION by the appellant for an extension of time to serve and file the Notice of Constitutional Questions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The extension of time is granted. Any Attorney General intending to intervene in this appeal pursuant to Rule 61(4) shall serve and file the notice of intervention together with the factum on or before February 8, 2013. Granted |
|
| 2013-01-25 | Submission of motion to extend time, F | |
| 2013-01-24 | Order on motion for leave to intervene, (by FISH J.) | |
| 2013-01-24 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Canadian Prison Law Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association and Newton Cohen and André Picard for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before February 8, 2013. The motions for leave to intervene of the Canadian Prison Law Association and Newton Cohen and André Picard are dismissed. 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. The interveners are not 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 interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondent by their interventions. AND IT IS HEREBY FURTHER ORDERED THAT the respondent may serve and file a single reply factum to the interveners not to exceed 10 pages in length on or before February 12, 2013 Allowed in part |
|
| 2013-01-24 | Submission of motion for leave to intervene, F | |
| 2013-01-24 | Reply to the motion for leave to intervene, (Letter Form), from Gib van Ert dated Jan. 24/13, Completed on: 2013-01-24 | British Columbia Civil Liberties Association |
| 2013-01-24 | Reply to the motion for leave to intervene, (Letter Form), from Lorne Waldman dated Jan. 24/13, Completed on: 2013-01-24 | Canadian Civil Liberties Association |
| 2013-01-23 | Notice of appearance, Ginette Gobeil and Claude Joyal will be present at the hearing. | Minister of Public Safety and Emergency Preparedness |
| 2013-01-22 | Response to motion to extend time, (Letter Form), from Ginette Gobeil dated Jan. 22/13, Completed on: 2013-01-22 | Minister of Public Safety and Emergency Preparedness |
| 2013-01-22 | Reply to the motion for leave to intervene, (Letter Form), from Cheryl Milne dated Jan. 22/13, Completed on: 2013-01-22 | David Asper Centre for Constitutional Rights |
| 2013-01-21 | Motion to extend time, to serve and file the Notice of Constitutional Questions to Jan. 11/13, Completed on: 2013-01-21 | Pierino Divito |
| 2013-01-18 | Response to the motion for leave to intervene, (Letter Form), from Ginette Gobeil dated Jan. 18/13 (by all interveners), Completed on: 2013-01-18 | Minister of Public Safety and Emergency Preparedness |
| 2013-01-18 | Response to the motion for leave to intervene, (Letter Form), from Clemente Monterosso dated Jan. 17/13 (original rec'd Jan. 21/13), Completed on: 2013-01-18 | Pierino Divito |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | British Columbia Civil Liberties Association |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | David Asper Centre for Constitutional Rights |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | Newton Cohen and André Picard |
| 2013-01-14 | Motion for leave to intervene, (Letter Form), Completed on: 2013-01-14 | Canadian Prison Law Association |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | Canadian Civil Liberties Association |
| 2013-01-11 | Notice of constitutional question(s), (served Jan. 11/13) (extension requested) | Pierino Divito |
| 2013-01-04 | Appellant's book of authorities, Completed on: 2013-01-04 | Pierino Divito |
| 2013-01-04 | Appellant's record, (2 volumes), Completed on: 2013-01-04 | Pierino Divito |
| 2013-01-04 | Appellant's factum, Completed on: 2013-01-04 | Pierino Divito |
| 2012-12-24 | Correspondence received from, S. Shaughnessy, dated Dec. 24/12; date of transfer (sent to the Court Jan. 2/13) | Minister of Public Safety and Emergency Preparedness |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-12-03 | Order on motion to extend time, (BY THE CHIEF JUSTICE) joint with motion to state a constitutional question | |
| 2012-12-03 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) joint with motion to extend time | |
| 2012-12-03 | Submission of motion to quash, CJ LeB De F Abe Ro Cro Mo Wa | |
| 2012-12-03 |
Decision on motion to extend time, CJ, The motion by the respondent to extend the time to serve and file the motion to quash the appeal and the motion to quash the appeal are referred to the panel that will hear the appeal; The motion by the appellant to extend the time to serve and file the response to the motion to quash the appeal is referred to the panel that will hear the appeal; The motion by the appellant to extend the time to serve and file his factum, record and book of authorities is granted. The schedule for serving and filing material is set as follows: a. The appellant’s factum, record and book of authorities are to be served and filed no later than January 7, 2013; b. Any application for leave to intervene is to be served and filed no later than January 14, 2013; c. The responses to any application for leave to intervene are to be served and filed no later than January 21, 2013; d. The replies on any application for leave to intervene are to be served and filed no later than January 24, 2013; e. The respondent’s factum, record and book of authorities are to be served and filed no later than February 4, 2013; f. The interveners’ factums are to be served and filed in accordance with the date set in the order granting leave to intervene; and g. The appeal is to be heard on February 18, 2013. Allowed in part, no order as to costs |
|
| 2012-12-03 |
Decision on the motion to state a constitutional question, CJ, The motion by the appellant to extend the time to serve and file the motion to state constitutional questions is granted, and the constitutional questions are stated as follows: (1) Do ss. 10(1)(a) and 10(2)(a), read in conjunction with s. 8(1), of the International Transfer of Offenders Act, S.C. 2004, c. 21, infringe the right guaranteed by s. 6(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, no order as to costs |
|
| 2012-11-30 | Reply to motion to extend time, Completed on: 2012-11-30 | Pierino Divito |
| 2012-11-28 | Correspondence received from, Susan Shaughnessy dated Nov 28/12 re: date of transfer | Minister of Public Safety and Emergency Preparedness |
| 2012-11-27 | Submission of motion to extend time, CJ | |
| 2012-11-27 | Submission of motion to state a constitutional question, CJ | |
| 2012-11-26 | Response to motion to extend time, to file the appellant's motion to state constitutional question and to respond to the motion to quash, Completed on: 2012-11-26 | Minister of Public Safety and Emergency Preparedness |
| 2012-11-26 | Response to the motion to state a constitutional question, (6 copies), Completed on: 2012-11-26 | Minister of Public Safety and Emergency Preparedness |
| 2012-11-26 | General proceeding, Notice of change - Rule 92.1 | Minister of Public Safety and Emergency Preparedness |
| 2012-11-22 |
Appeal hearing scheduled, 2013-02-18, (previously Jan. 25/13) Judgment reserved |
|
| 2012-11-20 | Motion to state a constitutional question, (Book Form), Completed on: 2012-11-20 | Pierino Divito |
| 2012-11-20 | Response to the motion to quash, (including an extension of time), Completed on: 2012-11-20 | Pierino Divito |
| 2012-10-25 | Correspondence received from, (by fax) G. Gobeil; hearing date | Minister of Public Safety and Emergency Preparedness |
| 2012-10-19 | Response to motion to extend time, Completed on: 2012-10-19 | Minister of Public Safety and Emergency Preparedness |
| 2012-10-19 | Motion to quash, (Book Form), Motion for extension of time also included, Completed on: 2012-10-19 | Minister of Public Safety and Emergency Preparedness |
| 2012-10-16 | Correspondence received from, L. Carignan, dated Oct. 10/12; notice of change of counsel and advising the Court that the appellant is eligible for parole | Pierino Divito |
| 2012-10-16 | Motion to extend time, (Book Form), to serve and file the factum, record and book of authorities to Dec. 3/12 (missing motion fee), Completed on: 2012-10-16 | Pierino Divito |
| 2012-10-16 | Notice of change of counsel, Clemente Monterosso replaces Marie-Hélène Giroux from the same law firm | Pierino Divito |
| 2012-06-26 | Correspondence received from, Susan Shaughnessy dated June 26 re: change of counsel | Minister of Public Safety and Emergency Preparedness |
| 2012-06-21 | Notice of appeal, (CD missing - rec'd on January 24, 2013), Completed on: 2012-06-21 | Pierino Divito |
| 2012-05-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-25 | Judgment on leave sent to the parties | |
| 2012-05-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-425-09, 2011 FCA 39, dated February 3, 2011, are granted without costs. Granted, without costs |
|
| 2012-05-24 |
Decision on motion to extend time to file and /or serve the leave application Granted, without costs |
|
| 2012-04-10 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-04-10 | Submission of motion to extend time to file and/ or serve the leave application, De F Ka | |
| 2012-02-29 | Respondent's response on the application for leave to appeal, Completed on: 2012-02-29 | Minister of Public Safety and Emergency Preparedness |
| 2012-02-06 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2012-02-06 | Minister of Public Safety and Emergency Preparedness |
| 2012-01-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-01-31 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-01-31 | Pierino Divito |
| 2012-01-31 | Application for leave to appeal, Completed on: 2012-01-31 | Pierino Divito |
| 2011-10-28 | Correspondence received from, Me Vincent Desbiens, dated Oct.28/11, by fax, Re: will be filing an application for leave with motion to extend time in the next month | Pierino Divito |
| 2011-03-01 | Notice of application for leave to appeal, Completed on: 2011-03-01 | Pierino Divito |
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 |
|---|---|---|
| Divito, Pierino | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Public Safety and Emergency Preparedness | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| David Asper Centre for Constitutional Rights | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Divito, Pierino
Counsel
Clemente Monterosso
Monterosso Giroux
6697, rue de Laroche
Outremont, Quebec
H2S 2E2
Telephone: (514) 948-2006
FAX: (514) 948-6131
Email: clemente.monterosso@videotron.ca
6697, rue de Laroche
Outremont, Quebec
H2S 2E2
Telephone: (514) 948-2006
FAX: (514) 948-6131
Email: clemente.monterosso@videotron.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
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: Minister of Public Safety and Emergency Preparedness
Counsel
Ginette Gobeil
Susan Shaugnessy
Claude Joyal
Susan Shaugnessy
Claude Joyal
Procureur général du Canada
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@justice.gc.ca
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Civil Liberties Association
Counsel
Lorne Waldman
Tamara Morgenthau
Clarisa Waldman
Tamara Morgenthau
Clarisa Waldman
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.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
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: David Asper Centre for Constitutional Rights
Counsel
Cheryl Milne
Audrey Macklin
Audrey Macklin
University of Toronto
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
Martha A. Healey
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
Party: British Columbia Civil Liberties Association
Counsel
Gib van Ert
Heather E. Cochran
Heather E. Cochran
Hunter Litigation Chambers Law Corporation
2100 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: gvanert@litigationchambers.com
2100 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: gvanert@litigationchambers.com
Agent
Michael J. Sobkin
90 blvd. de Lucerne
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of rights Constitutional law Mobility rights Whether s. 10(1)(a) and (2)(a), read in conjunction with s. 8(1), of International Transfer of Offenders Act, S.C. 2004, c. 21, infringe right guaranteed by s. 6(1) of Canadian Charter of Rights and Freedoms If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Charter.
The appellant Mr. Divito has been a Canadian citizen since 1980. In 1995, a Canadian court convicted him of serious drug related offences. While he was serving his sentence, the American authorities requested his extradition to the United States to face drug related charges. Canada extradited Mr. Divito in June 2005 after he had served his sentence in Canada. In the United States, Mr. Divito pleaded guilty. In December 2006, he made a request for a transfer under the International Transfer of Offenders Act so he could be authorized to serve the rest of his prison sentence in Canada. The request was approved by the American authorities but refused by the Canadian minister. A short time later, Mr. Divito made a second request, which was refused again on the following grounds:
The offender has been identified as an organized crime member, convicted for an offence involving a significant quantity of drugs. The nature of his offence and his affiliations suggest that the offender’s return to Canada would constitute a potential threat to the safety of Canadians and the security of Canada.
Mr. Divito argues that the sections of the Act on which the refusal was based infringe his mobility rights guaranteed by s. 6 of the Canadian Charter of Rights and Freedoms and that the infringement cannot be justified under s. 1.
Lower court rulings
September 30, 2009
Federal Court
T-1094-08, 2009 CF 983
Federal Court
T-1094-08, 2009 CF 983
Application for judicial review and constitutional challenge dismissed
February 3, 2011
Federal Court of Appeal
A-425-09, 2011 FCA 39
Federal Court of Appeal
A-425-09, 2011 FCA 39
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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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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Date modified: 2025-02-27