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.
34948
Mounted Police Association of Ontario, et al. v. Attorney General of Canada
(Ontario) (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) |
|---|---|---|
| 2016-01-15 | Appeal closed | |
| 2016-01-15 | Order on miscellaneous motion, (by MCLACHLIN C.J. AND ABELLA, CROMWELL, KARAKATSANIS AND WAGNER JJ.) | |
| 2016-01-15 |
Decision on miscellaneous motion, UPON APPLICATION by the Attorney General of Canada, for an order extending the suspension of the declaration of invalidity of s. 2(1) of the Public Service Labour Relations Act as granted in this appeal on January 16, 2015, for a further six (6) months; AND UPON APPLICATIONS by the appellant, the Mounted Police Association of Ontario, and by the interveners, the Association des Membres de la Police Montée du Québec and the Mounted Police Members’ Legal Fund, for an order permitting the filing of sur-replies; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for an order permitting the filing of sur-replies are dismissed. The motion for an order extending the suspension of the declaration of invalidity is granted without costs. The suspension of the declaration of invalidity is extended for a period of four (4) months from the original deadline set by this Court in the judgment dated January 16, 2015. Allowed in part, without costs |
|
| 2016-01-15 | Submission of miscellaneous motion, CJ Abe Cro Ka Wa | |
| 2016-01-13 | Correspondence received from, the appellant, BCMPPA. Amendment to the response to the motion filed on December 8, 2015. | B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police |
| 2016-01-12 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-01-12 | Mounted Police Members' Legal Fund |
| 2016-01-12 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-01-12 | B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police |
| 2016-01-11 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-01-11 | Attorney General of Canada |
| 2016-01-11 | Notice of miscellaneous motion, (Letter Form), to file a sur-reply to the respondent's reply., Completed on: 2016-01-11, (Printed version filed on 2016-01-11) | Mounted Police Association of Ontario |
| 2016-01-08 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-01-08 | Mounted Police Members' Legal Fund |
| 2016-01-07 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-01-07 | Attorney General of Canada |
| 2016-01-07 | Notice of miscellaneous motion, (Letter Form), to file a sur-reply to the respondent's reply. , Completed on: 2016-01-08, (Printed version filed on 2016-01-07) | Association des membres de la police montée du Québec |
| 2016-01-05 | Correspondence received from, the intervener, MPMLF. Requesting direction on filing a sur reply. A motion was requested. | Mounted Police Members' Legal Fund |
| 2016-01-05 | Submission of miscellaneous motion, to the COURT | |
| 2015-12-30 | Reply to miscellaneous motion, Completed on: 2015-12-30 | Attorney General of Canada |
| 2015-12-21 | Response to miscellaneous motion, (Letter Form), Completed on: 2015-12-21, (Electronic version filed on 2015-12-21) | Attorney General of Alberta |
| 2015-12-21 | Response to miscellaneous motion, (Letter Form), Completed on: 2015-12-21, (Electronic version filed on 2015-12-21) | Attorney General of Saskatchewan |
| 2015-12-18 | Notice of change of counsel, (Letter Form), Ian J. Roland replaces Laura Young., (Electronic version filed on 2015-12-18) | Mounted Police Association of Ontario |
| 2015-12-18 | Response to miscellaneous motion, (Letter Form), Completed on: 2015-12-18, (Electronic version filed on 2015-12-18) | Attorney General of British Columbia |
| 2015-12-18 | Response to miscellaneous motion, (Letter Form), Completed on: 2015-12-18, (Electronic version filed on 2015-12-18) | Canadian Police Association |
| 2015-12-18 | Response to miscellaneous motion, (Book Form), Completed on: 2015-12-18, (Electronic version filed on 2016-01-05) | Mounted Police Members' Legal Fund |
| 2015-12-18 | Respondent's book of authorities, (Book Form), Completed on: 2015-12-18 | B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police |
| 2015-12-18 | Response to miscellaneous motion, (Book Form), Completed on: 2015-12-18, (Electronic version filed on 2015-12-18) | B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police |
| 2015-12-18 | Response to miscellaneous motion, (Book Form), Completed on: 2015-12-18, (Electronic version filed on 2015-12-18) | Mounted Police Association of Ontario |
| 2015-12-18 | Notice of change of counsel, (Letter Form), Peter Engelmann and Steven Barrett replaces Laura Young., (Electronic version filed on 2015-12-18) | B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police |
| 2015-12-16 | Response to miscellaneous motion, (Letter Form), Completed on: 2015-12-16, (Electronic version filed on 2015-12-16) | Association des membres de la police montée du Québec |
| 2015-12-08 | Correspondence received from, (Letter Form), Peter Southey for the Respondent, Attorney General of Canada stating the Notice of Motion should be considered an urgent matter., (Electronic version filed on 2015-12-09) | Attorney General of Canada |
| 2015-12-08 | Notice of miscellaneous motion, (Book Form), Respondent, Attorney General of Canada requesting an order to extend the suspension of the declaration of the constitutional invalidity os s. 2(1)(d) of the Public Service Labour Relations Act for a further 6 months., Completed on: 2015-12-08, (Electronic version filed on 2015-12-09) | Attorney General of Canada |
| 2015-02-03 | Appeal closed | |
| 2015-01-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-01-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-01-16 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C-50475, 2012 ONCA 363, dated June 1, 2012, heard on February 18, 2014, is allowed with costs to the appellants throughout. Rothstein J. is dissenting. Section 96 of the Royal Canadian Mounted Police Regulations, 1988, was unconstitutional and would have been declared to be of no force or effect had it not been repealed. Paragraph (d) of the definition of “employee” at s. 2(1) of the Public Service Labour Relations Act is unconstitutional and is of no force or effect. This declaration of invalidity is suspended for a period of 12 months. The constitutional questions are answered as follows: 1) Does s. 96 of the Royal Canadian Mounted Police Regulations, 1988, SOR/88-361, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? Yes. Rothstein J. would answer no. 2) If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? No. Rothstein J. finds it unnecessary to answer this question. 3) Does paragraph (d) of the definition of “employee” at s. 2(1) of the Public Service Labour Relations Act, S.C. 2003, c. 22, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? Yes. Rothstein J. would answer no. 4) If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? No. Rothstein J. finds it unnecessary to answer this question. Allowed, costs against the respondent |
|
| 2014-04-07 | Media lock-up request accepted | |
| 2014-04-07 | Media lock-up consent form received from, Peter Southey | Attorney General of Canada |
| 2014-04-01 | Media lock-up consent form received from, Laura Young | Mounted Police Association of Ontario |
| 2014-03-19 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2014-03-18 | Media lock-up requested or proposed | |
| 2014-03-05 | Transcript received, (173 pages) | |
| 2014-02-18 | Judgment reserved OR rendered with reasons to follow | |
| 2014-02-18 | Intervener's condensed book, Submitted in Court (14 copies) | Association des membres de la police montée du Québec |
| 2014-02-18 | Intervener's condensed book, Submitted in Court (14 copies) | Public Service Alliance of Canada |
| 2014-02-18 | Intervener's condensed book, Submitted in Court (14 copies) | Confédération des syndicats nationaux |
| 2014-02-18 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian Civil Liberties Association |
| 2014-02-18 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2014-02-18 | Appellant's condensed book, Submitted in Court (14 copies) | Mounted Police Association of Ontario |
| 2014-02-18 |
Hearing of the appeal, 2014-02-18, CJ LeB Abe Ro Cro Ka Wa Judgment reserved |
|
| 2014-02-14 | Correspondence received from, Colleen Bauman dated 2014-02-14. Re: Order of the interveners at the hearing | Mounted Police Association of Ontario |
| 2014-02-13 | Correspondence received from, 3 reserved seats requested | Canadian Labour Congress |
| 2014-02-13 | Correspondence received from, Andrew Raven dated 2014-02-13. Re: Filing of a supplemental authority (Sent to the Court on 2014-02-14) | Public Service Alliance of Canada |
| 2014-02-12 | Correspondence received from, Judith Parisien dated 2014-02-12. Re: Counsel has changed law firm | Mounted Police Members' Legal Fund |
| 2014-02-12 | Correspondence received from, 1 reserved seat requested | Canadian Police Association |
| 2014-02-10 | Correspondence received from, 2 reserved seats requested | Attorney General of Ontario |
| 2014-02-07 | Correspondence received from, Christopher Pigott dated 2014-02-07. Re: Agent has changed law firm | Mounted Police Members' Legal Fund |
| 2014-02-06 | Correspondence received from, 2 reserved seats requested | Confédération des syndicats nationaux |
| 2014-02-04 | Correspondence received from, 3 reserved seats requested | Public Service Alliance of Canada |
| 2014-02-03 | Notice of appearance, James Duggan and Alexander Duggan will be present at the hearing. | Association des membres de la police montée du Québec |
| 2014-01-31 | Notice of appearance, Steven Barrett and Ethan Poskanzer will be present at the hearing. | Canadian Labour Congress |
| 2014-01-30 | Notice of appearance, Ian Roland and Michael Fenrick will be present at the hearing. | Canadian Police Association |
| 2014-01-30 | Notice of appearance, Andrew Raven, Andrew Astritis and Morgan Rowe will be present at the hearing. | Public Service Alliance of Canada |
| 2014-01-14 | Correspondence received from, 7 reserved seays requested | Mounted Police Association of Ontario |
| 2014-01-14 | Notice of appearance, Laura Young and Patric Senson will be present at the hearing. | Mounted Police Association of Ontario |
| 2014-01-07 | Notice of appearance, Robin Basu and Michael Dunn will be present at the hearing. | Attorney General of Ontario |
| 2014-01-07 | Notice of appearance, Éric Lévesque and Benoit Laurin will be appearing, Mr. Laurin will make oral argument - 1 reserve seat requested for Anne Thibault (stagiaire en droit) | Confédération des syndicats nationaux |
| 2013-12-18 | Correspondence received from, 2 reserved seats requested | Association des membres de la police montée du Québec |
| 2013-12-06 | Correspondence received from, 4 reserved seats requested | Mounted Police Members' Legal Fund |
| 2013-12-05 | Notice of appearance, John Craig and Christopher Pigott will be present at the hearing. | Mounted Police Members' Legal Fund |
| 2013-11-25 | Notice of hearing sent to parties | |
| 2013-11-21 | Notice of appearance, Lindsay M. Lyster wil be appearing | British Columbia Civil Liberties Association |
| 2013-11-20 | Correspondence received from, 4 reserves seats requested | Attorney General of Canada |
| 2013-11-20 | Notice of appearance, Peter Southey, Donnaree Nygard and Kathryn Hucal will be appearing and Mr. Southey will make oral submission | Attorney General of Canada |
| 2013-11-20 | Notice of appearance, Jonathan Penner will be present at the hearing. | Attorney General of British Columbia |
| 2013-11-19 |
Appeal hearing scheduled, 2014-02-18, (previously scheduled for November 5, 2013) Judgment reserved |
|
| 2013-10-22 | Notice of appearance, Graeme Mitchell will be present at the hearing. | Attorney General of Saskatchewan |
| 2013-10-22 | Notice of appearance, Roderick Wiltshire will be present at the hearing. | Attorney General of Alberta |
| 2013-10-08 | Notice of appearance, Ranjan K. Agarwall will present oral argument. Ashley L. Paterson will appear as co-counsel. | Canadian Civil Liberties Association |
| 2013-10-02 | Correspondence (sent by the Court) to, all parties by fax, re: new hearing date | |
| 2013-10-02 |
Order by, LeB, FURTHER TO THE ORDER dated July 25, 2013, granting leave to intervene to the Association des Membres de la Police Montée du Québec, the Confédération des syndicats nationaux, the Canadian Police Association, the Canadian Labour Congress, the Canadian Civil Liberties Association, the Mounted Police Members’ Legal Fund, the Public Service Alliance of Canada 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. Allowed |
|
| 2013-09-19 | Intervener's book of authorities, (Book Form), Completed on: 2013-09-19 | Canadian Police Association |
| 2013-09-19 | Intervener's factum, (Book Form), Completed on: 2013-09-19 | Canadian Police Association |
| 2013-09-19 | Intervener's book of authorities, (Book Form), Completed on: 2013-09-19 | Canadian Labour Congress |
| 2013-09-19 | Intervener's factum, (Book Form), Completed on: 2013-09-19 | Canadian Labour Congress |
| 2013-09-19 | Intervener's book of authorities, (Book Form), Completed on: 2013-09-19 | Mounted Police Members' Legal Fund |
| 2013-09-19 | Intervener's factum, (Book Form), Completed on: 2013-09-19 | Mounted Police Members' Legal Fund |
| 2013-09-19 | Intervener's book of authorities, (Book Form), Completed on: 2013-09-19 | Canadian Civil Liberties Association |
| 2013-09-19 | Intervener's factum, (Book Form), service to come (rec'd 2013-09-20), Completed on: 2013-09-20 | Canadian Civil Liberties Association |
| 2013-09-19 | Intervener's book of authorities, (3 volumes), Completed on: 2013-09-19 | Confédération des syndicats nationaux |
| 2013-09-19 | Intervener's factum, Completed on: 2013-09-19 | Confédération des syndicats nationaux |
| 2013-09-19 | Intervener's book of authorities, Completed on: 2013-09-19 | Public Service Alliance of Canada |
| 2013-09-19 | Intervener's factum, Completed on: 2013-09-19 | Public Service Alliance of Canada |
| 2013-09-19 |
Order by, LeB, IT IS HEREBY ORDERED THAT: The above appeal scheduled to be heard on November 5, 2013, is traversed to the winter session. The Registrar shall fix a new hearing date. Traversed |
|
| 2013-09-18 | Intervener's book of authorities, (Book Form), service rec'd 2013-09-19, Completed on: 2013-09-18 | British Columbia Civil Liberties Association |
| 2013-09-18 | Intervener's factum, (Book Form), service rec'd 2013-09-19 and Word version to follow, Completed on: 2013-09-18 | British Columbia Civil Liberties Association |
| 2013-09-13 | Correspondence received from, Ashley Paterson dated September 13, 2013. Re: Sheridan Scott will be acting as agent | Canadian Civil Liberties Association |
| 2013-09-12 | Correspondence received from, Raija Pulkkinen dated September 12, 2013. Re: New contact information | Mounted Police Association of Ontario |
| 2013-09-09 | Correspondence received from, Marie-France Major re: correction to tab 1 of the Book of Authorities (sent to the Court 2013-09-10) | Association des membres de la police montée du Québec |
| 2013-09-06 | Correspondence received from, Request for 4 reserved seats | Mounted Police Members' Legal Fund |
| 2013-08-30 | Intervener's book of authorities, (Book Form), New Tab 1 and CD rec'd 2013-09-10, Completed on: 2013-08-30 | Association des membres de la police montée du Québec |
| 2013-08-30 | Intervener's factum, (Book Form), Completed on: 2013-08-30 | Association des membres de la police montée du Québec |
| 2013-08-23 | Notice of hearing sent to parties | |
| 2013-08-22 | Correspondence received from, Gowlings re: Amended pages | Attorney General of Saskatchewan |
| 2013-08-22 | Correspondence received from, Lindsay M. Lyster dated Aug 22/13 re: Moira Dillon will act as agent | British Columbia Civil Liberties Association |
| 2013-08-22 | Correspondence received from, Gowling Lafleur Henderson dated Aug 22/13 re: amended pages | Attorney General of Saskatchewan |
| 2013-08-21 | Intervener's book of authorities, (Book Form), Completed on: 2013-08-22 | Attorney General of British Columbia |
| 2013-08-21 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-08-21 | Attorney General of British Columbia |
| 2013-08-13 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-08-13 | Attorney General of Ontario |
| 2013-08-13 | Intervener's book of authorities, (Book Form), Completed on: 2013-08-13 | Attorney General of Saskatchewan |
| 2013-08-13 | Intervener's factum - AG on constitutional question, (Book Form), Electronic and word version rec'd Aug. 16/13, Completed on: 2013-09-04 | Attorney General of Saskatchewan |
| 2013-08-13 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2013-08-13 | Attorney General of Ontario |
| 2013-08-12 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-08-12 | Attorney General of Alberta |
| 2013-07-25 | Order on motion for leave to intervene, (by LEBEL J.) | |
| 2013-07-25 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by the Association des Membres de la Police Montée du Québec, the Confédération des syndicats nationaux, the Canadian Police Association, the Canadian Labour Congress, the Saskatchewan Federation of Labour, the Canadian Civil Liberties Association, the Mounted Police Members’ Legal Fund, the Public Service Alliance of Canada and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND UPON APPLICATION by the Alberta Union of Provincial Employees and SAIT Academic Faculty Association for an extension of time to apply for leave to intervene and 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 Association des Membres de la Police Montée du Québec, the Confédération des syndicats nationaux, the Canadian Police Association, the Canadian Labour Congress, the Canadian Civil Liberties Association, the Mounted Police Members’ Legal Fund, the Public Service Alliance of Canada 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 September 19, 2013. IT IS HEREBY FURTHER ORDERED THAT: The motion for an extension of time to apply for leave to intervene of the Alberta Union of Provincial Employees and SAIT Academic Faculty Association is dismissed. The motion for leave to intervene of the Saskatchewan Federation of Labour is 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. To the extent that the interests are similar, interveners shall consult to avoid repetition. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions Allowed in part |
|
| 2013-07-25 | Submission of motion for leave to intervene, LeB | |
| 2013-07-12 | Appeal perfected for hearing | |
| 2013-07-10 | Response to the motion for leave to intervene, (Letter Form), from Peter Southey dated July 10/13 (by the AUPE & SAIT), Completed on: 2013-07-10 | Attorney General of Canada |
| 2013-07-10 | Respondent's book of authorities, Completed on: 2013-07-10 | Attorney General of Canada |
| 2013-07-10 | Respondent's record, (6 volumes), Completed on: 2013-07-10 | Attorney General of Canada |
| 2013-07-10 | Respondent's factum, Completed on: 2013-07-10 | Attorney General of Canada |
| 2013-07-03 | Motion for leave to intervene, (Book Form), (motion for an extension of time included), Completed on: 2013-07-03 | Alberta Union of Provincial Employees and SAIT Academic Faculty Association |
| 2013-06-28 | Reply to the motion for leave to intervene, (Letter Form), (by fax) from Lindsay M. Lyster dated June 28/13, Completed on: 2013-06-28 | British Columbia Civil Liberties Association |
| 2013-06-28 | Reply to the motion for leave to intervene, (Letter Form), (by fax) from Ranjan K. Agarwal dated June 28/13, Completed on: 2013-06-28 | Canadian Civil Liberties Association |
| 2013-06-21 | Response to the motion for leave to intervene, (Letter Form), from Peter Southey dated June 21/13 re: response to all motions for intervention, Completed on: 2013-06-21 | Attorney General of Canada |
| 2013-06-17 | Response to the motion for leave to intervene, (Letter Form), from Laura Young dated June 17/13, Completed on: 2013-06-17 | Mounted Police Association of Ontario |
| 2013-06-12 | Motion for leave to intervene, Completed on: 2013-06-13 | British Columbia Civil Liberties Association |
| 2013-06-12 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-12 | Mounted Police Members' Legal Fund |
| 2013-06-12 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-12 | Public Service Alliance of Canada |
| 2013-06-12 | Correspondence received from, Pierre Landry dated June 12/13 re: clarification on motion for leave to intervene | Confédération des syndicats nationaux |
| 2013-06-12 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-14 | Canadian Civil Liberties Association |
| 2013-06-11 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-11 | Saskatchewan Federation of Labour |
| 2013-06-11 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-11 | Canadian Labour Congress |
| 2013-06-11 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-14 | Canadian Police Association |
| 2013-06-11 | Intervener's book of authorities, (Book Form), on motion for leave to intervene (3 volumes), Completed on: 2013-06-11 | Confédération des syndicats nationaux |
| 2013-06-11 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-11 | Confédération des syndicats nationaux |
| 2013-06-10 | Response to the motion for leave to intervene, (Letter Form), from Peter Southey dated June 10/13 re: request that the factum is 10 pages long and oral argument be limited to 10 mins, Completed on: 2013-06-10 | Attorney General of Canada |
| 2013-05-31 | Motion for leave to intervene, Completed on: 2013-05-31 | Association des membres de la police montée du Québec |
| 2013-05-15 | Appellant's book of authorities, (3 volumes), Completed on: 2013-05-15 | Mounted Police Association of Ontario |
| 2013-05-15 | Appellant's record, (16 volumes), Completed on: 2013-05-15 | Mounted Police Association of Ontario |
| 2013-05-15 | Appellant's factum, Completed on: 2013-05-15 | Mounted Police Association of Ontario |
| 2013-05-09 | Order on motion to extend time | |
| 2013-05-09 |
Decision on motion to extend time, to serve and file the notice of intervention respecting constitutional questions of the Attorney General of British Columbia to April 4, 2013, DeRg Granted |
|
| 2013-05-09 | Submission of motion to extend time, DeRg | |
| 2013-04-23 | Motion to extend time, to serve and file the notice of intervention respecting constitutional questions to April 4/13, Completed on: 2013-04-23 | Attorney General of British Columbia |
| 2013-04-04 | Notice of intervention respecting a constitutional question, Motion for extension of time requested - rec'd April 18/13 | Attorney General of British Columbia |
| 2013-03-26 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2013-03-25 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2013-03-25 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 2013-02-27 | Notice of constitutional question(s), (served Feb. 26/13) | Mounted Police Association of Ontario |
| 2013-02-20 | Order on motion to state a constitutional question, (by the CHIEF JUSTICE) | |
| 2013-02-20 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants 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 FOLLOW: 1. Does s. 96 of the Royal Canadian Mounted Police Regulations, 1988, SOR/88-361, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does paragraph (d) of the definition of “employee” at s. 2(1) of Public Service Labour Relations Act, S.C. 2003, c. 22, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2013-02-20 | Submission of motion to state a constitutional question, CJ | |
| 2013-01-30 | Response to the motion to state a constitutional question, (Letter Form), from Peter Southey dated Jan. 30/13, Completed on: 2013-01-30 | Attorney General of Canada |
| 2013-01-18 | Motion to state a constitutional question, Completed on: 2013-01-18 | Mounted Police Association of Ontario |
| 2013-01-18 | Notice of appeal, Completed on: 2013-01-18 | Mounted Police Association of Ontario |
| 2012-12-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-12-21 | Judgment on leave sent to the parties | |
| 2012-12-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the motion for leave to intervene of the Canadian Police Association is granted. The motions for leave to intervene of the Association des Membres de la Police Montée du Québec inc., the Mounted Police Members’ Legal Fund, the Confédération des syndicats nationaux and the Canadian Police Association are dismissed without costs. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50475, 2012 ONCA 363, dated June 1, 2012, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2012-12-20 |
Decision on motion for leave to intervene, see judgment above Dismissed, without costs |
|
| 2012-11-05 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2012-11-05 | Submission of motion for leave to intervene, LeB Ka Wa | |
| 2012-10-22 | Motion for leave to intervene, (Book Form), (extension of time included), Completed on: 2012-10-22 | Canadian Police Association |
| 2012-10-16 | Correspondence received from, Raija Pulkkinen dated October 16, 2012. Re: Costs endorsement of the Ontario C/A dated October 12, 2012 | Mounted Police Association of Ontario |
| 2012-10-15 | Reply to the motion for leave to intervene., (Book Form), Completed on: 2012-10-15 | Mounted Police Members' Legal Fund |
| 2012-10-09 | Response to the motion for leave to intervene, (Book Form), Completed on: 2012-10-09 | Mounted Police Association of Ontario |
| 2012-10-09 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2012-10-09 | Mounted Police Association of Ontario |
| 2012-10-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2012-10-03 | Attorney General of Canada |
| 2012-09-28 | Motion for leave to intervene, Completed on: 2012-09-28 | Confédération des syndicats nationaux |
| 2012-09-28 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-28 | Mounted Police Members' Legal Fund |
| 2012-09-28 | Book of authorities | Attorney General of Canada |
| 2012-09-28 | Respondent's response on the application for leave to appeal, Completed on: 2012-09-28 | Attorney General of Canada |
| 2012-09-25 | Motion for leave to intervene, Completed on: 2012-09-25 | Association des membres de la police montée du Québec |
| 2012-09-04 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2012-08-30 | Book of authorities | Mounted Police Association of Ontario |
| 2012-08-30 | Application for leave to appeal, Final C/A order missing - Rec'd on September 18, 2012, Completed on: 2012-08-30 | Mounted Police Association of Ontario |
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 |
|---|---|---|
| Mounted Police Association of Ontario | Appellant | Active |
| B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Association des membres de la police montée du Québec | Intervener | Active |
| Mounted Police Members' Legal Fund | Intervener | Active |
| Confédération des syndicats nationaux | Intervener | Active |
| Canadian Police Association | Intervener | Active |
| Canadian Labour Congress | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Public Service Alliance of Canada | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Mounted Police Association of Ontario
Counsel
Laura C. Young
Patric Senson
Patric Senson
Laura Young Law Offices
65 Queen Street West
Suite 1000
Toronto, Ontario
M5H 2M5
Telephone: (416) 361-0094
FAX: (416) 850-5134
65 Queen Street West
Suite 1000
Toronto, Ontario
M5H 2M5
Telephone: (416) 361-0094
FAX: (416) 850-5134
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: B.C. Mounted Police Professional Association, on their own behalf and on behalf of all Members and Employees of the Royal Canadian Mounted Police
Counsel
Laura C. Young
Laura Young Law Offices
65 Queen Street West
Suite 1000
Toronto, Ontario
M5H 2M5
Telephone: (416) 361-0094
FAX: (416) 850-5134
65 Queen Street West
Suite 1000
Toronto, Ontario
M5H 2M5
Telephone: (416) 361-0094
FAX: (416) 850-5134
Agent
Raija Pulkkinen
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
Party: Attorney General of Canada
Counsel
Peter Southey
Donnaree Nygard
Kathryn Hucal
Donnaree Nygard
Kathryn Hucal
Attorney General of Canada
The Exchange Tower, Box 36
Suite 3400, 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: peter.southey@justice.gc.ca
The Exchange Tower, Box 36
Suite 3400, 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: peter.southey@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Association des membres de la police montée du Québec
Counsel
James R.K. Duggan
Alexander H. Duggan
Alexander H. Duggan
1100 Avenue des Canadiens-de-Montréal (Ouest)
Bureau 900
Montréal, Quebec
H3B 2S2
Telephone: (514) 879-1459
FAX: (514) 879-5648
Email: james@dugganavocats.ca
Bureau 900
Montréal, Quebec
H3B 2S2
Telephone: (514) 879-1459
FAX: (514) 879-5648
Email: james@dugganavocats.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Mounted Police Members' Legal Fund
Counsel
John D. R. Craig
Christopher D. Pigott
Christopher D. Pigott
Fasken Martineau DuMoulin LLP
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Email: jcraig@fasken.com
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Email: jcraig@fasken.com
Agent
Judith Parisien
Fasken Martineau DuMoulin LLP
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6858
FAX: (613) 230-6423
Email: jparisien@fasken.com
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6858
FAX: (613) 230-6423
Email: jparisien@fasken.com
Party: Confédération des syndicats nationaux
Counsel
Benoit Laurin
Éric Lévesque
Éric Lévesque
Laroche Martin
2100 boulevard de Maisonneuve Est
Bureau 501
Montréal, Quebec
H2K 4S1
Telephone: (514) 529-4901
FAX: (514) 529-4932
Email: benoit.laurin@csn.qc.ca
2100 boulevard de Maisonneuve Est
Bureau 501
Montréal, Quebec
H2K 4S1
Telephone: (514) 529-4901
FAX: (514) 529-4932
Email: benoit.laurin@csn.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
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Canadian Police Association
Counsel
Ian J. Roland
Michael Fenrick
Michael Fenrick
Paliare, Roland, Rosenberg, Rothstein, LLP
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4319
FAX: (416) 646-4320
Email: ian.roland@paliareroland.com
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4319
FAX: (416) 646-4320
Email: ian.roland@paliareroland.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
Roderick Wiltshire
Attorney General of Alberta
9833 - 109 Street
Bowker Building, 4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-7145
FAX: (780) 425-0307
Email: roderick.wiltshire@gov.ab.ca
9833 - 109 Street
Bowker Building, 4th Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-7145
FAX: (780) 425-0307
Email: roderick.wiltshire@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Saskatchewan
Counsel
Graeme G. Mitchell, Q.C.
Katherine M. Roy
Katherine M. Roy
Attorney General for Saskatchewan
820-1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: graeme.mitchell@gov.sk.ca
820-1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-8385
FAX: (306) 787-9111
Email: graeme.mitchell@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Robin K. Basu
Michael Dunn
Michael Dunn
Attorney General of Ontario
Constitutional Law Branch
720 Bay Street - 4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4476
FAX: (416) 326-4015
Email: robin.basu@jus.gov.on.ca
Constitutional Law Branch
720 Bay Street - 4th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4476
FAX: (416) 326-4015
Email: robin.basu@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
Jonathan G. Penner
Keith Evans
Karen Horsman
Keith Evans
Karen Horsman
Attorney General of British Columbia
1001 Douglas Street, 6th Floor
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-0122
FAX: (250) 356-9154
Email: jonathan.penner@gov.bc.ca
1001 Douglas Street, 6th Floor
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-0122
FAX: (250) 356-9154
Email: jonathan.penner@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Labour Congress
Counsel
Steven Barrett
Ethan Poskanzer
Ethan Poskanzer
Sack Goldblatt Mitchell LLP
20 Dundas St West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6070
FAX: (416) 591-7333
Email: stevenbarrett@sgmlaw.com
20 Dundas St West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6070
FAX: (416) 591-7333
Email: stevenbarrett@sgmlaw.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Canadian Civil Liberties Association
Counsel
Ranjan K. Agarwal
Ashley Paterson
Ashley Paterson
Bennett Jones LLP
3400 One First Canadian Place
P.O. Box 130, Station 1st Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
3400 One First Canadian Place
P.O. Box 130, Station 1st Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Agent
Robyn Ryan Bell
Bennett Jones LLP
1900 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (416) 777-4874
FAX: (416) 863-1716
Email: ryanbellr@bennettjones.com
1900 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (416) 777-4874
FAX: (416) 863-1716
Email: ryanbellr@bennettjones.com
Party: Public Service Alliance of Canada
Counsel
Andrew Raven
Andrew Astritis
Morgan Rowe
Andrew Astritis
Morgan Rowe
Raven, Cameron, Ballantyne & Yazbeck LLP
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com
Party: British Columbia Civil Liberties Association
Counsel
Lindsay M. Lyster
Jessica L. Derynck
Jessica L. Derynck
Moore, Edgar, Lyster
195 Alexander St.
3rd Floor
Vancouver, British Columbia
V6A 1N8
Telephone: (604) 689-4457
FAX: (604) 689-4467
Email: lindsaylyster@unionlawyers.com
195 Alexander St.
3rd Floor
Vancouver, British Columbia
V6A 1N8
Telephone: (604) 689-4457
FAX: (604) 689-4467
Email: lindsaylyster@unionlawyers.com
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.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.
Canadian Charter of Rights and Freedoms - Labour and employment law - Freedom of association - Collective bargaining - Regulations imposing a labour relations regime for RCMP members - Whether s. 96 of the Royal Canadian Mounted Police Regulations, 1998, SOR/88-361, infringes s. 2(d) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms - Whether para. (d) of the definition of “employee” at s. 2(1) of the Public Service Labour Relations Act, S.C. 2003, c. 22, infringes s. 2(d) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms.
The Royal Canadian Mounted Police Regulations (“Regulations”) impose an employee relations regime for members of the RCMP. Section 96 of the Regulations stipulates that the Staff Relations Representative Program (“SRRP”) was created “to provide for representation of the interests of all members [of the RCMP] with respect to staff relations matters”. The work of the SRRP is carried out by Staff Relations Representatives that are elected by members of the RCMP. The Mounted Police Association of Ontario (“MPAO”) and the British Columbia Mounted Police Professional Association (BCMPPA) are associations that were formed in the hopes of providing a collective means of resolving employment issues with RCMP management. However, while RCMP members are free to form and participate in such organizations, s. 96 of the Regulations establishes the SRRP as the only process by which RCMP members can address labour issues with RCMP management. The MPAO and BCMPPA brought an application seeking, among other things, a declaration that s. 96 of the Regulations unjustifiably infringes the rights of members of the RCMP under s. 2(d) of the Charter by preventing the formation and maintenance of an independent labour association by members of the RCMP for the purposes of engaging in collective bargaining.
Lower court rulings
April 6, 2009
Ontario Superior Court of Justice
06-CV-311508PD2
Ontario Superior Court of Justice
06-CV-311508PD2
S. 96 of the Royal Canadian Mounted Police Regulations, 1988 held to be contrary to s. 2(d) of the Charter and declared of no force or effect; declaration of invalidity suspended for 18 months;
June 1, 2012
Court of Appeal for Ontario
C50475, 2012 ONCA 363
Court of Appeal for Ontario
C50475, 2012 ONCA 363
Appeal allowed; cross-appeal dismissed
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The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Date modified: 2025-02-27