Case information

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)
2014-11-17	Appeal closed
2014-11-17	Formal judgment sent to the registrar of the court of appeal and all parties
2014-11-17	Judgment on appeal and notice of deposit of judgment sent to all parties
2014-11-14	Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039032, 2012 BCCA 397, dated October 9, 2012, heard on April 22, 2014, is dismissed. Abella, Cromwell and Karakatsanis JJ. dissenting. Dismissed
2014-05-05	Transcript received, 130 pages
2014-04-22	Judgment reserved OR rendered with reasons to follow
2014-04-22	Hearing of the appeal, 2014-04-22, CJ LeB Abe Ro Cro Mo Ka Judgment reserved
2014-04-22	Intervener's condensed book, (Book Form), Filed in Court	Attorney General of Quebec
2014-04-22	Intervener's condensed book, (Book Form), Filed in Court	Information and Privacy Commissioner of Ontario
2014-04-22	Intervener's condensed book, (Book Form), Filed in Court	Canadian Civil Liberties Association
2014-04-22	Intervener's condensed book, (Letter Form), Filed in Court - (2 page document)	Privacy Commissioner of Canada
2014-04-22	Respondent's condensed book, (Book Form), Filed in Court	Attorney General of Canada on behalf of the United States of America
2014-04-22	Appellant's condensed book, (Book Form), Filed in Court	Andrew Gordon Wakeling
2014-04-17	Correspondence received from, (Letter Form), David Goodis, Counsel for the Intervener IPCO, email dated 04-17-2014, re.: Reply to objection of filing an additional authority.	Information and Privacy Commissioner of Ontario
2014-04-17	Correspondence received from, (Letter Form), Nadia Effendi, email dated April 17, 2014, re.: Order of Oral Submission	British Columbia Civil Liberties Association
2014-04-17	Correspondence received from, W. Paul Riley, dated April 17/14, by fax, Re: response to IPCO material submitted on April 16/14	Attorney General of Canada on behalf of the United States of America
2014-04-16	Correspondence received from, (Letter Form), Counsel for IPCO, Stephen McCammon, re.: one additional authority to add: Crossing the Line (submitted to the panel April 17, 2014	Information and Privacy Commissioner of Ontario
2014-04-11	Notice of appearance, Mahmud Jamal, Patricia Kosseim and Jennifer Seligy will be present at the hearing.	Privacy Commissioner of Canada
2014-04-11	Notice of appearance, Mr. Michael A. Feder and Ms. Emily MacKinnon will be present at the hearing, Mr. Feder will present the oral argument.	British Columbia Civil Liberties Association
2014-04-10	Correspondence (sent by the Court) to, BCCLA: Permission to appear as co-counsel granted to Ms. Emily Mackinnon
2014-04-10	Notice of appearance, Mr Jean-Vincent Lacroix will present oral argument and Mrs Dominique A. Jobin and Émilie-Annick Landry-Theriault will also be present at the hearing.	Attorney General of Quebec
2014-04-07	Notice of appearance, Gregory P. Delbigio for the Appellant and Peter M. Rogers, Q.C. and Jane O'Neil for CCLA	Andrew Gordon Wakeling
2014-04-07	Notice of appearance, (Letter Form), Mr. David Goodis and Mr. Stephen McCammon will be appearing for the IPCO, and Mr. Goodis will be presenting oral argument	Information and Privacy Commissioner of Ontario
2014-04-04	Correspondence received from, Emily MacKinnon, counsel for BCCLA who served as a law clerk to Chief Justice McLachlin. She is requesting permission to appear as co-counsel at the hearing of the appeal.	British Columbia Civil Liberties Association
2014-04-02	Order by, Ro, FURTHER TO THE ORDER dated February 4, 2014, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario and the Privacy Commissioner of Canada; 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
2014-04-01	Intervener's book of authorities, (Book Form), Completed on: 2014-04-01, (Electronic version filed on 2014-04-01)	Canadian Civil Liberties Association
2014-04-01	Intervener's factum, (Book Form), Completed on: 2014-04-02, (Electronic version filed on 2014-04-01)	Canadian Civil Liberties Association
2014-04-01	Intervener's book of authorities, (Book Form), Completed on: 2014-04-01, (Electronic version filed on 2014-04-01)	Information and Privacy Commissioner of Ontario
2014-04-01	Intervener's factum, (Book Form), One copy of the Factum to come - rec'd 04-03-2014, Completed on: 2014-04-03, (Electronic version filed on 2014-04-01)	Information and Privacy Commissioner of Ontario
2014-04-01	Intervener's book of authorities, (Book Form), Completed on: 2014-04-01, (Electronic version filed on 2014-04-01)	Privacy Commissioner of Canada
2014-04-01	Intervener's factum, (Book Form), Only two parties were served - service to come, rec'd 04-02-2014 , Completed on: 2014-04-02, (Electronic version filed on 2014-04-01)	Privacy Commissioner of Canada
2014-03-31	Intervener's book of authorities, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31)	Attorney General of Quebec
2014-03-31	Intervener's factum, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31)	Attorney General of Quebec
2014-03-31	Intervener's book of authorities, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31)	British Columbia Civil Liberties Association
2014-03-31	Intervener's factum, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31)	British Columbia Civil Liberties Association
2014-03-18	Intervener's book of authorities, (Book Form), Completed on: 2014-03-18, (Electronic version filed on 2014-03-18)	Attorney General of Ontario
2014-03-18	Intervener's factum, (Book Form), Completed on: 2014-03-18, (Electronic version filed on 2014-03-18)	Attorney General of Ontario
2014-03-10	Notice of hearing sent to parties
2014-03-04	Appeal hearing scheduled, 2014-04-22 Judgment reserved
2014-02-19	Correspondence received from, Jennifer Seligy dated 2014-02-19. Re: Change of address for the agent	Privacy Commissioner of Canada
2014-02-19	Notice of appearance, Joan Barrett will be present at the hearing.	Attorney General of Ontario
2014-02-19	Notice of appearance, W. Paul Riley and Jeffrey G. Johnston will appear as counsel for the Respondents, AG of Canada on Behalf of the USA and Minister of Justice. Mr. Riley will present oral argument.	Attorney General of Canada on behalf of the United States of America
2014-02-18	Certificate of counsel (attesting to record), (Letter Form)	Attorney General of Canada on behalf of the United States of America
2014-02-18	Respondent's book of authorities, (Book Form), 3 volumes, Completed on: 2014-02-18	Attorney General of Canada on behalf of the United States of America
2014-02-18	Respondent's record, (Book Form), Completed on: 2014-02-18	Attorney General of Canada on behalf of the United States of America
2014-02-18	Respondent's factum, (Book Form), Completed on: 2014-02-18	Attorney General of Canada on behalf of the United States of America
2014-02-18	Appeal perfected for hearing
2014-02-14	Correspondence received from, Joyce DeWitt-Van Oosten, Q.C. dated 2014-02-11. Re: Attorney General of British Columbia as respondent	Attorney General of British Columbia
2014-02-14	Respondent's book of authorities, Completed on: 2014-02-14	Attorney General of British Columbia
2014-02-14	Respondent's factum, Completed on: 2014-02-14	Attorney General of British Columbia
2014-02-12	Notice of appearance, (Letter Form), M. Joyce DeWitt-Van Oosten, Q.C. will be appearing as counsel on behalf of the Respondent AG of BC.	Attorney General of British Columbia
2014-02-04	Order on motion for leave to intervene, (by ROTHSTEIN J.)
2014-02-04	Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario and the Privacy Commissioner of Canada 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 British Columbia Civil Liberties Association, the Information and Privacy Commissioner of Ontario and the Privacy Commissioner of Canada 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 April 1, 2014. 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 respondents by their interventions. Granted
2014-02-04	Submission of motion for leave to intervene, Ro
2014-01-28	Reply to the motion for leave to intervene, Reply to the response of the Attorney General of Canada, Completed on: 2014-01-28, (Printed version filed on 2014-01-28)	British Columbia Civil Liberties Association
2014-01-27	Response to the motion for leave to intervene, (Letter Form), On all motions for intervention, Completed on: 2014-01-27, (Electronic version filed on 2014-01-27)	Attorney General of Canada on behalf of the United States of America
2014-01-24	Response to the motion for leave to intervene, (Letter Form), On all motions for intervention, Completed on: 2014-01-27	Attorney General of British Columbia
2014-01-22	Response to the motion for leave to intervene, (Letter Form), Consent to Privacy Commissioner of Canada, Completed on: 2014-01-22, (Printed version filed on 2014-01-22)	Andrew Gordon Wakeling
2014-01-21	Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-01-21	Andrew Gordon Wakeling
2014-01-21	Motion for leave to intervene, (Book Form), Completed on: 2014-01-21, (Electronic version filed on 2014-01-21)	Privacy Commissioner of Canada
2014-01-21	Motion for leave to intervene, (Book Form), Completed on: 2014-01-21, (Printed version filed on 2014-01-21)	Information and Privacy Commissioner of Ontario
2014-01-20	Response to the motion for leave to intervene, On BCCLA, Completed on: 2014-01-20	Andrew Gordon Wakeling
2014-01-20	Response to the motion for leave to intervene, On CCLA, Completed on: 2014-01-20	Andrew Gordon Wakeling
2014-01-20	Motion for leave to intervene, Completed on: 2014-01-20, (Printed version due on 2014-01-27)	Canadian Civil Liberties Association
2014-01-17	Motion for leave to intervene, (Book Form), Completed on: 2014-01-20, (Electronic version filed on 2014-01-17)	British Columbia Civil Liberties Association
2014-01-07	Order on motion to extend time, (by the REGISTRAR)
2014-01-07	Decision on motion to extend time, to serve and file the factum, record and book of authorities of the Appellant, Reg Granted
2014-01-07	Submission of motion to extend time, Reg
2014-01-07	Response to motion to extend time, (Letter Form), from W. Paul Riley dated 2014-01-07 , Completed on: 2014-01-07	Attorney General of Canada on behalf of the United States of America
2013-12-24	Response to motion to extend time, email by Karen Collins dated 2013-12-24, Completed on: 2013-12-24	Attorney General of British Columbia
2013-12-20	Motion to extend time, to serve and file the Appellant's documents to Dec 17/13, Completed on: 2013-12-20	Andrew Gordon Wakeling
2013-12-17	Appellant's book of authorities, (2 volumes), Completed on: 2013-12-17	Andrew Gordon Wakeling
2013-12-17	Appellant's record, Completed on: 2013-12-17	Andrew Gordon Wakeling
2013-12-06	Appellant's factum, Motion for extension of time requested - Rec'd on 2013-12-20, Completed on: 2013-12-23	Andrew Gordon Wakeling
2013-10-23	Notice of intervention respecting a constitutional question, All parties served on 2013-10-23	Attorney General of Ontario
2013-10-23	Notice of intervention respecting a constitutional question, All parties served by fax on 2013-10-23	Attorney General of Quebec
2013-09-26	Notice of constitutional question(s), served on September 25, 2013	Andrew Gordon Wakeling
2013-09-24	Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-09-24	Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions and extending the time within which the appellant may serve and file its motion to state constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 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. Does s. 8(1)(f) of the Privacy Act, R.S.C. 1985, c. P-21 infringe s. 7 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 s. 8(1)(f) of the Privacy Act, R.S.C. 1985, c. P-21 infringe s. 8 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? 5. Does s. 193(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46 infringe s. 7 of the Canadian Charter of Rights and Freedoms? 6. 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? 7. Does s. 193(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46 infringe s. 8 of the Canadian Charter of Rights and Freedoms? 8. 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? 9. Does s. 193(2)(e) of the Criminal Code, R.S.C. 1985, c. C-46 infringe s. 7 of the Canadian Charter of Rights and Freedoms? 10. 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? 11. Does s. 193(2)(e) of the Criminal Code, R.S.C. 1985, c. C-46 infringe s. 8 of the Canadian Charter of Rights and Freedoms? 12. 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? Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellant and respondents the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before December 3, 2013. Granted
2013-09-24	Submission of motion to state a constitutional question, CJ
2013-09-17	Affidavit, in support of the motion for an extension of time to serve and file a motion to state constitutional questions	Andrew Gordon Wakeling
2013-09-11	Reply to the motion to state a constitutional question, from Greg DelBigio, Q.C. by fax, dated September 11, 2013, Completed on: 2013-09-11	Andrew Gordon Wakeling
2013-09-09	Response to the motion to state a constitutional question, Completed on: 2013-09-11	Attorney General of British Columbia
2013-09-06	Response to the motion to state a constitutional question, Completed on: 2013-09-11	Attorney General of Canada on behalf of the United States of America
2013-09-06	Order on motion to extend time, (by KARAKATSANIS J.)
2013-09-06	Decision on motion to extend time, Ka, UPON APPLICATION by counsel on behalf of the appellant, for an order extending the time within which to serve and file its Notice of Appeal to August 22, 2013; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted
2013-09-06	Submission of motion to extend time, Ka
2013-09-05	Response to motion to extend time, from W. Paul Riley by fax, dated Sept. 5/13, Completed on: 2013-09-05	Attorney General of Canada on behalf of the United States of America
2013-08-29	Response to motion to extend time, email from Joyce DeWitt-Van Oosten, Q.C. dated Aug. 29/13, Completed on: 2013-08-29	Attorney General of British Columbia
2013-08-27	Motion to extend time, to serve and file the notice of appeal to Aug. 22/13, Completed on: 2013-08-27	Andrew Gordon Wakeling
2013-08-26	Motion to state a constitutional question, (joint with a motion for an extension of time), Completed on: 2013-08-26	Andrew Gordon Wakeling
2013-08-22	Notice of appeal, (Motion to extend time to file NOA rec'd Aug. 27/13), Completed on: 2013-08-27	Andrew Gordon Wakeling
2013-06-18	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-06-14	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-06-14	Judgment on leave sent to the parties
2013-06-13	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 is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039032, 2012 BCCA 397, dated October 9, 2012, is granted without costs. Granted, without costs
2013-06-13	Decision on motion to extend time to file and /or serve the leave application, See judgment Granted
2013-03-25	All materials on application for leave submitted to the Judges, CJ Abe Cro
2013-03-25	Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Cro
2013-03-15	Affidavit, in support of the motion for extension of time	Andrew Gordon Wakeling
2013-01-29	Respondent's response on the application for leave to appeal, Completed on: 2013-01-29	Attorney General of Canada on behalf of the United States of America
2013-01-25	Respondent's response on the application for leave to appeal, Service missing - Rec'd on January 31, 2013, Completed on: 2013-02-01	Attorney General of British Columbia
2012-12-19	Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2012-12-17	Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-12-17	Andrew Gordon Wakeling
2012-12-17	Application for leave to appeal, C/A order missing - Rec'd on January 28, 2013, Completed on: 2013-01-28	Andrew Gordon Wakeling
2012-11-09	Notice of application for leave to appeal, Completed on: 2012-11-09	Andrew Gordon Wakeling

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Wakeling, Andrew Gordon	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Attorney General of Canada on behalf of the United States of America	Respondent	Active
Attorney General of British Columbia	Respondent	Active

And Between

Sub parties (1) - Appellants

Name	Role	Status
Wakeling, Andrew	Appellant	Active

v.

Sub parties (1) - Respondents

Name	Role	Status
Attorney General of Canada on behalf of the Minister of Justice	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Ontario	Intervener	Active
Attorney General of Quebec	Intervener	Active
Canadian Civil Liberties Association	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Information and Privacy Commissioner of Ontario	Intervener	Active
Privacy Commissioner of Canada	Intervener	Active

Counsel

Summary

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.

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Factums on appeal

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

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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