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35424

Robert Meredith, et al. v. Attorney General of Canada

(Federal) (Civil) (By Leave)

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)
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 Federal Court of Appeal, Number A-268-11, 2013 FCA 112, dated April 26, 2013, heard on February 19, 2014, is dismissed with costs to the respondent throughout, Abella J. dissenting. The constitutional questions are answered as follows:
1) Do sections 16, 35, 38, 43, 46 and 49 of the Expenditure Restraint Act, S.C. 2009, c. 2, s. 393, infringe s. 2(d) of the Canadian Charter of Rights and Freedoms?
No. Abella J. would answer yes.
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?
It is not necessary to answer this question. Abella J. would answer no.
Dismissed, costs against the appellant
2014-06-04 Correspondence received from, Peter Southey re: consent to file CA Quebec judgment Attorney General of Canada
2014-06-03 Correspondence received from, Annick Desjardins re: will be filing an application for leave to appeal from the CA of Quebec judgment dated 2014-05-27 Canadian Union of Public Employees, Local 675
2014-05-29 Supplemental document, Decision from the CA of Quebec dated 2014-05-27, Completed on: 2014-05-29 Attorney General of Canada
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, R. Basu Attorney General of Ontario
2014-04-01 Media lock-up consent form received from, Chris Rootham Robert Meredith
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, 164 pages
2014-02-19 Judgment reserved OR rendered with reasons to follow
2014-02-19 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Union of Public Employees, Local 675
2014-02-19 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Labour Congress
2014-02-19 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Public Service Alliance of Canada
2014-02-19 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-02-19 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Brian Roach (representing all members of the Royal Canadian Mounted Police)
2014-02-19 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Robert Meredith
2014-02-19 Hearing of the appeal, 2014-02-19, CJ LeB Abe Ro Cro Ka Wa
Judgment reserved
2014-02-17 Correspondence received from, Colleen Bauman re: interverers Professional Institute of the Public Service of Canada
2014-02-13 Correspondence received from, 3 reserved seats requested Canadian Labour Congress
2014-02-13 Correspondence received from, (Letter Form), Andrew Raven, letter dated February 13, 2014, re.: providing the Court with a copy of the Ontario Superior Court's decision released 02-13-2014 in Professional Institute of the Public Service of Canada v. Attorney General of Canada. , (Electronic version filed on 2014-02-14) Public Service Alliance of Canada
2014-02-10 Correspondence received from, Karen Collins re: 2 reserved seats Attorney General of Ontario
2014-02-07 Notice of appearance, Fay Faraday will present, 4 seats requested Professional Institute of the Public Service of Canada
2014-02-07 Notice of appearance, Steven Barrett and Ethan Poskanzer Canadian Labour Congress
2014-02-07 Correspondence received from, Peter Southey re: error in factum Attorney General of Canada
2014-02-07 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-02-07) Attorney General of Canada
2014-02-07 Appeal perfected for hearing
2014-02-06 Correspondence received from, Request for 2 reserved seats Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-02-06 Notice of appearance, Éric Lévesque and Benoit Laurin will be present at the hearing. Éric Lévesque will make oral argument. Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-02-06 Order by, FURTHER TO THE ORDERS dated January 10, 2014 and January 15, 2014, granting leave to intervene to the Canadian Labour Congress, the Professional Institute of the Public Service of Canada, the Canadian Union of Public Employees, Local 675, the Public Service Alliance of Canada and the Confédération des syndicats nationaux and the Union of Canadian Correctional Officers;
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., Ro
2014-02-06 Notice of appearance, Karen Horsman and Keith Evans will be present Attorney General of British Columbia
2014-02-06 Notice of appearance, Robin K. Basu and Michael S. Dunn will be present Attorney General of Ontario
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Attorney General of Alberta
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Attorney General of Alberta
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Attorney General of British Columbia
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Attorney General of British Columbia
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Public Service Alliance of Canada
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Public Service Alliance of Canada
2014-02-05 Respondent's book of authorities, (Book Form), Completed on: 2014-02-10, (Electronic version filed on 2014-02-07) Attorney General of Canada
2014-02-05 Respondent's factum, (Book Form), Amended page 9 filed 2014-02-07, Completed on: 2014-02-10, (Electronic version filed on 2014-02-07) Attorney General of Canada
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Attorney General of Ontario
2014-02-05 Intervener's factum, (Book Form), CD rec'd 02-06-2014, Completed on: 2014-02-07 Attorney General of Ontario
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Canadian Labour Congress
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Canadian Labour Congress
2014-02-05 Intervener's book of authorities, (Book Form), 3 volumes, Completed on: 2014-02-05 Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Canadian Union of Public Employees, Local 675
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-07 Canadian Union of Public Employees, Local 675
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-05 Professional Institute of the Public Service of Canada
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Professional Institute of the Public Service of Canada
2014-02-05 Intervener's book of authorities, (Book Form), Completed on: 2014-02-06 Attorney General for Saskatchewan
2014-02-05 Intervener's factum, (Book Form), Completed on: 2014-02-05 Attorney General for Saskatchewan
2014-02-05 Notice of appearance, Annick Desjardins will be present Canadian Union of Public Employees, Local 675
2014-02-05 Notice of appearance, Alison McEwan and Christopher Rootham will be present Robert Meredith
2014-02-05 Notice of appearance, Andrew Raven, Andrew Astritis, Morgan Rowe will be present Public Service Alliance of Canada
2014-02-05 Notice of appearance, Donnaree Nygard, Peter Southey, J. Sanderson Graham will be present, 4 seats requested Attorney General of Canada
2014-01-22 Correspondence received from, Christopher Rootham re: 5 reserved seats Robert Meredith
2014-01-15 Order on motion to extend time, (by LEBEL J.)
2014-01-15 Decision on motion to extend time, to serve and file the motion for leave to intervene, LeB
Granted
2014-01-15 Submission of motion to extend time, LeB
2014-01-15 Order on motion for leave to intervene, (by LEBEL J.)
2014-01-15 Decision on the motion for leave to intervene, LeB, UPON JOINT MOTIONS by the Confédération des syndicats nationaux and the Union of Canadian Correctional Officers for an extension of the time to serve and file a motion for leave to intervene, and for leave to intervene in the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for an extension of time and for leave to intervene are granted, and this intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before February 5, 2014.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention.
Granted
2014-01-15 Submission of motion for leave to intervene, LeB
2014-01-14 Reply to the motion for leave to intervene, (Letter Form), from Benoit Laurin dated 2014-01-14, Completed on: 2014-01-14 Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-01-10 Response to the motion for leave to intervene, (Letter Form), from Peter Southey dated 2014-01-10, Completed on: 2014-01-10 Attorney General of Canada
2014-01-10 Response to motion to extend time, (Letter Form), to serve and file the motion for leave to intervene from Christohper Rootham dated 2014-01-10, Completed on: 2014-01-10 Robert Meredith
2014-01-10 Motion to extend time, to serve and file the motion for leave to intervene to 2014-01-07, Completed on: 2014-01-10 Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-01-10 Order on motion for leave to intervene, (by LEBEL J.)
2014-01-10 Decision on the motion for leave to intervene, LeB, UPON APPLICATIONS by the Canadian Labour Congress, the Professional Institute of the Public Service of Canada, the Canadian Union of Public Employees, Local 675 and the Public Service Alliance of Canada for leave to intervene in the above appeal;
UPON APPLICATION by the Canadian Union of Public Employees, Local 675 for an order to adduce new evidence in the above appeal, namely the evidence filed in the Superior Court;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Canadian Labour Congress, the Professional Institute of the Public Service of Canada, Canadian Union of Public Employees, Local 675 and the Public Service Alliance 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 in these appeals on or before February 5, 2014.
The motion by the Canadian Union of Public Employees, Local 675 to adduce new evidence 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.
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 appellant and respondent by their interventions.
Granted
2014-01-10 Submission of motion for leave to intervene, LeB
2014-01-09 Correspondence received from, Andrew Raven dated 2014-01-09 re: clarifications Public Service Alliance of Canada
2014-01-08 Response to the motion for leave to intervene, (Letter Form), from Christopher Rootham dated 2014-01-08 re: response to motion of UCCO , Completed on: 2014-01-08 Robert Meredith
2014-01-07 Reply to the motion for leave to intervene, (Letter Form), from Annick Desjardins dated 2014-01-07, Completed on: 2014-01-07 Canadian Union of Public Employees, Local 675
2014-01-07 Motion for leave to intervene, (Book Form), Completed on: 2014-01-07 Confédération des syndicats nationaux and Union of Canadian Correctional Officers
2014-01-07 Reply to the motion for leave to intervene, (Letter Form), from Andrew Raven dated 2014-01-07, Completed on: 2014-01-07 Public Service Alliance of Canada
2014-01-06 Reply to the motion for leave to intervene, (Letter Form), from Steven M. Barrett dated 2014-01-06, Completed on: 2014-01-06 Canadian Labour Congress
2014-01-03 Response to the motion for leave to intervene, (Letter Form), from Peter Southey dated 2014-01-03 re: response to all motions, Completed on: 2014-01-03 Attorney General of Canada
2014-01-02 Response to the motion for leave to intervene, (Letter Form), from Christopher Rootham dated 2014-01-02 re: response to motion for intervention of PSAC and CUPE, Completed on: 2014-01-02 Robert Meredith
2013-12-24 Motion for leave to intervene, (Book Form), Completed on: 2013-12-24 Public Service Alliance of Canada
2013-12-24 Motion for leave to intervene, (Book Form), Completed on: 2013-12-24 Canadian Union of Public Employees, Local 675
2013-12-23 Response to the motion for leave to intervene, (Letter Form), from Christopher Rootham dated 2013-12-23 re: reponse to motions for intervention filed by CLC and PIPSC, Completed on: 2013-12-30 Robert Meredith
2013-12-20 Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 Professional Institute of the Public Service of Canada
2013-12-20 Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 Canadian Labour Congress
2013-12-13 Supplemental document, Book of Statutes, Completed on: 2013-12-13 Robert Meredith
2013-12-13 Appellant's book of authorities, (3 volumes), Completed on: 2013-12-13 Robert Meredith
2013-12-13 Appellant's record, (9 volumes), Completed on: 2013-12-13 Robert Meredith
2013-12-13 Appellant's factum, Completed on: 2013-12-13 Robert Meredith
2013-12-03 Order on motion to extend time, (by ROTHSTEIN J.)
2013-12-03 Decision on motion to extend time, to serve and file the Notice of Constitutional Questions to November 27, 2013., Ro, UPON APPLICATION by the appellants 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 motion is granted.
Granted
2013-12-03 Submission of motion to extend time, Ro
2013-12-02 Response to motion to extend time, Completed on: 2013-12-02 Attorney General of Canada
2013-11-29 Notice of intervention respecting a constitutional question Attorney General of Ontario
2013-11-29 Notice of intervention respecting a constitutional question Attorney General of Alberta
2013-11-29 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2013-11-28 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2013-11-27 Motion to extend time, (Book Form), to serve and file the notice of constitutional question to Nov 27/13 - amended motion rec'd 2013-11-29 (CD filed), Completed on: 2013-11-29 Robert Meredith
2013-11-25 Notice of constitutional question(s), Attorneys General of British Columbia and Ontario served November 22, 2013. All other Attorneys General served November 21, 2013. (motion for extension of time requested) Robert Meredith
2013-11-25 Notice of hearing sent to parties
2013-11-19 Appeal hearing scheduled, 2014-02-19
Judgment reserved
2013-11-04 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2013-11-04 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 FOLLOWS:
1. Do sections 16, 35, 38, 43, 46 and 49 of the Expenditure Restraint Act, S.C. 2009, c.2, s. 393 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?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. Any notices of intervention shall be served and filed no later than November 29, 2013.
2. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than February 5, 2014.
Granted
2013-11-04 Submission of motion to state a constitutional question, CJ
2013-10-22 Response to the motion to state a constitutional question, Completed on: 2013-10-22 Attorney General of Canada
2013-10-09 Motion to state a constitutional question, (Book Form), Completed on: 2013-10-28 Robert Meredith
2013-10-09 Notice of appeal, Completed on: 2013-10-09 Robert Meredith
2013-10-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), Filing timetable: Notice of appeal & Motion to state C.Q. due Oct-11-13; Appell. docs. due Dec-13-13; Motion for leave to intervene due Dec-30-13; Responses to motions due Jan-3-14; Replies due Jan-7-14; Resp. docs due Feb-5-14; Int. Factums due Feb-5-14
2013-09-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-09-20 Judgment on leave sent to the parties
2013-09-19 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-268-11, 2013 FCA 112, dated April 26, 2013, is granted with costs in the cause. This appeal will be heard with Mounted Police Association of Ontario/Association de la Police Montée de l’Ontario and B.C. Mounted Police Professional Association, on their own behalf and on behalf of All Members and Employees of the Royal Canadian Mounted Police v. Attorney General of Canada (34948). The timelines will be abridged, if necessary, by the Registrar.
Granted, with costs in the cause
2013-08-15 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-08-15 Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-08-15 Robert Meredith
2013-08-13 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-08-13 Attorney General of Canada
2013-06-25 Letter acknowledging receipt of a complete application for leave to appeal
2013-06-25 Book of authorities, (Book Form) Robert Meredith
2013-06-25 Application for leave to appeal, (Book Form), Completed on: 2013-06-25 Robert Meredith

Parties

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

Main parties

Main parties - Appellants
Name Role Status
Meredith, Robert Appellant Active
Brian Roach (representing all members of the Royal Canadian Mounted Police) Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General for Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Canadian Labour Congress Intervener Active
Professional Institute of the Public Service of Canada Intervener Active
Canadian Union of Public Employees, Local 675 Intervener Active
Public Service Alliance of Canada Intervener Active
Confédération des syndicats nationaux and Union of Canadian Correctional Officers Intervener Active

Counsel

Party: Meredith, Robert

Counsel
Christopher Rootham
Nelligan O'Brien Payne LLP
1500-50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelligan.ca

Party: Brian Roach (representing all members of the Royal Canadian Mounted Police)

Counsel
Christopher Rootham
Nelligan O'Brien Payne LLP
1500-50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelligan.ca

Party: Attorney General of Canada

Counsel
Peter Southey
Donnaree Nygard
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
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

Party: Attorney General for Saskatchewan

Counsel
Graeme G. Mitchell, Q.C.
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
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

Party: Attorney General of British Columbia

Counsel
Jonathan G. Penner
Karen Horsman
Keith Evans
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
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

Party: Attorney General of Ontario

Counsel
Robin K. Basu
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
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

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
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

Party: Canadian Labour Congress

Counsel
Steven Barrett
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
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

Party: Professional Institute of the Public Service of Canada

Counsel
Fay Faraday
860 Manning Ave.
Toronto, Ontario
M6G 2W8
Telephone: (416) 389-4399
FAX: (647) 776-3147
Email: fay.faraday@faradaylaw.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

Party: Canadian Union of Public Employees, Local 675

Counsel
Annick Desjardins
Syndicat canadien de la fonction publique
Bureau 7100
565, boulevard Crémazie Est
Montréal, Quebec
H2M 2V9
Telephone: (514) 384-9681 Ext: 254
FAX: (514) 384-9680
Email: adesjardins@scfp.qc.ca

Party: Public Service Alliance of Canada

Counsel
Andrew Raven
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

Party: Confédération des syndicats nationaux and Union of Canadian Correctional Officers

Counsel
Benoit Laurin
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
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

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 and Freedoms - Freedom of association - Treasury Board unilaterally reducing scheduled wage increases for RCMP members - Parliament subsequently passing an Act legislating limits on RCMP wage increases previously implemented by Treasury Board - Does Treasury Board decision infringe appellants’ freedom of association? - If so, is 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? - Do sections 16, 35, 38, 43, 46 and 49 of the Expenditure Restraint Act, S.C. 2009, c.2, s. 393 infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? - If so, is 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?

The Treasury Board is the employer of the members of the RCMP. The Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, provides that the Treasury Board shall establish the pay and allowances paid to members of the RCMP.

In response to the 2008-2009 worldwide financial crisis and global recession, the Treasury Board approved a modification to a previously approved RCMP pay package which had promised pay increases for the years 2008 to 2010, inclusively, as well as pay increments for economic increases and market adjustments.

The appellants filed an application for judicial review in which they sought, on behalf of all members of the RCMP, a ruling quashing the decision of the Treasury Board as well as a declaration that that decision violated s. 2(d) of the Canadian Charter of Rights and Freedoms. Shortly thereafter, the Expenditure Restraint Act, S.C. 2009, c. 2 (ERA), was enacted. That Act legislatively imposed the limits on RCMP wage increases previously implemented by the Treasury Board. The appellants sought, and obtained, leave to amend their notice of application to also put in issue the constitutionality of the ERA.

Lower court rulings

June 21, 2011
Federal Court

T-50-09, 2011 FC 735

Application for judicial review allowed; Treasury Board decision and ss. 16, 35, 38, 43, 46 and 49 of Expenditure Restraint Act found to violate s. 2(d) of Charter; neither violation found to be saved by s. 1 of Charter
April 26, 2013
Federal Court of Appeal

A-268-11, 2013 FCA 112

Appeal allowed and application for judicial review dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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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