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35448

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

(Quebec) (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)
2015-03-31 Appeal closed
2015-03-30 Formal judgment sent to the registrar of the court of appeal and all parties
2015-03-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-03-27 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023030-125, 2013 QCCA 1138, dated June 27, 2013, heard on October 8, 2014, is dismissed with costs throughout, LeBel, Abella, Wagner and Gascon JJ. dissenting. The constitutional question is answered as follows:

1. Is s. 29 of the Ending the Long-gun Registry Act, S.C. 2012, c. 6, ultra vires Parliament having regard to its criminal law power under s. 91(27) of the Constitution Act, 1867?

Answer: No. LeBel, Abella, Wagner and Gascon JJ. would answer in the affirmative.
Dismissed, with costs
2015-03-25 Correspondence received from, (Letter Form), Éric Dufour, Suzanne Gauthier and Hugo Jean will participate in the lock-up Attorney General of Quebec
2015-03-25 Correspondence received from, (Letter Form), Claude Joyal, Ian Demers and Dominique Guimond will participate in the lock-up Attorney General of Canada
2015-03-24 Media lock-up letter, consent form and undertaking sample sent to all parties
2015-03-23 Correspondence received from, (Letter Form), Guy Lavergne will participate in the lock-up Canada's National Firearms Association
2015-01-05 Media lock-up request accepted
2015-01-05 Media lock-up consent form received from Attorney General of Quebec
2015-01-05 Media lock-up consent form received from Attorney General of Canada
2014-12-16 Media lock-up letter, consent form and undertaking sample sent to all parties
2014-12-01 Media lock-up requested or proposed
2014-10-23 Transcript received, 104 pages
2014-10-08 Judgment reserved OR rendered with reasons to follow
2014-10-08 Hearing of the appeal, 2014-10-08, CJ LeB Abe Ro Cro Mo Ka Wa Ga
Judgment reserved
2014-10-08 Respondent's condensed book, (Book Form), Filed in Court with a CD, (Electronic version filed on 2014-10-08) Attorney General of Canada
2014-10-08 Appellant's condensed book, (Book Form), File in Court Attorney General of Quebec
2014-09-30 Correspondence received from, (Letter Form), 2 reserved seats requested Canada's National Firearms Association
2014-09-30 Notice of appearance, (Letter Form), Frédérick Michaud will be appearing Canada's National Firearms Association
2014-09-24 Correspondence received from, 5 reserved seats requested Coalition pour le contrôle des armes
2014-09-24 Notice of appearance, Frédérick Langlois and Alain M. Gaulin will be appearing Coalition pour le contrôle des armes
2014-09-23 Correspondence received from, 4 reserved seats requested - 2014-10-07 now requesting only 2 reserve seats Attorney General of Quebec
2014-09-23 Notice of appearance, Éric Dufour, Hugo Jean and Suzanne-L. Gauthier will be appearing Attorney General of Quebec
2014-09-19 Correspondence received from, 4 reserved seats requested Attorney General of Canada
2014-09-19 Notice of appearance, Claude Joyal and Ian Demers will be present at the hearing.
4 reserved seats requested
Attorney General of Canada
2014-09-16 Order by, (corrected on September 23, 2014), Cro, FURTHER TO THE ORDER dated June 5, 2014, granting leave to intervene to the Coalition pour le contrôle des armes and the Canada’s National Firearms Association;
IT IS HEREBY FURTHER ORDERED THAT the factum of the said two interveners will be considered without the need for oral argument.
Dismissed
2014-09-05 Notice of hearing sent to parties
2014-09-05 Appeal hearing scheduled, 2014-10-08
Judgment reserved
2014-08-15 Appeal perfected for hearing
2014-08-14 Reply factum on appeal, (Letter Form), Reply to the Intervener, Canada's National Firearms Association., Completed on: 2014-08-14 Attorney General of Quebec
2014-08-14 Respondent's book of authorities, (Book Form), (2 volumes) Book of authorities for factum filed in Reply of the Interveners, Completed on: 2014-08-14, (Electronic version filed on 2014-08-25) Attorney General of Canada
2014-08-14 Reply factum on appeal, (Book Form), Reply to the Interveners (cd rec'd Aug.25/2014), Completed on: 2014-09-02, (Electronic version filed on 2014-08-25) Attorney General of Canada
2014-07-31 Intervener's book of authorities, (Book Form), Completed on: 2014-07-31, (Electronic version filed on 2014-07-31) Canada's National Firearms Association
2014-07-31 Intervener's factum, (Book Form), 2 VOLUMES, Completed on: 2014-08-01, (Electronic version filed on 2014-07-31) Canada's National Firearms Association
2014-07-30 Intervener's book of authorities, (Book Form), Completed on: 2014-07-30, (Electronic version filed on 2014-07-30) Coalition pour le contrôle des armes
2014-07-30 Intervener's factum, (Book Form), Service to come - rec'd July 31, 2014, Completed on: 2014-07-31, (Electronic version filed on 2014-07-30) Coalition pour le contrôle des armes
2014-06-23 Correspondence received from, Guy Lavergne dated 2014-06-23. Re: Solomon Friedman of Edelson Clifford D'Angelo Friedman will be acting as agent. Canada's National Firearms Association
2014-06-20 Order on motion to file a reply factum on appeal
2014-06-20 Decision on the motion to file a reply factum on appeal, not exceeding 5 pages, in reply to all interveners on or before August 14, 2014, LeB
Granted
2014-06-20 Submission of motion to file a reply factum on appeal, LeB
2014-06-17 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2014-06-17 Canada's National Firearms Association
2014-06-17 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2014-06-17, (Electronic version filed on 2014-06-17) Attorney General of Canada
2014-06-16 Respondent's book of authorities, (Book Form), (Vol. 1 to 3) new cédé of vol. 2 and 3 rec'd 2014-06-30, Completed on: 2014-07-03, (Electronic version due on 2014-06-23) Attorney General of Canada
2014-06-16 Respondent's factum, (Book Form), 24 copies of the English Version rec'd 2014-07-16 with service, Completed on: 2014-06-24, (Electronic version filed on 2014-06-24) Attorney General of Canada
2014-06-13 Response to motion to file a reply factum on appeal, (Letter Form), (will not be filing a response), Completed on: 2014-06-18 Coalition pour le contrôle des armes
2014-06-10 Motion to file a reply factum on appeal, (Letter Form), fees missing. Received 2014-06-17., Completed on: 2014-06-17, (Printed version filed on 2014-06-10) Attorney General of Quebec
2014-06-05 Order on motion for leave to intervene, (by CROMWELL J)
2014-06-05 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Coalition pour le contrôle des armes and the Canada’s National Firearms Association 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 Coalition pour le contrôle des armes and the Canada’s National Firearms 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 July 31, 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.
The respondents are permitted to serve and file a single factum not exceeding 5 pages in reply to all interveners on or before August 14, 2014.
Granted
2014-06-05 Submission of motion for leave to intervene, Cro
2014-06-03 Reply to the motion for leave to intervene, Reply to Attorney General of Quebec, Completed on: 2014-06-03 Canada's National Firearms Association
2014-06-03 Reply to the motion for leave to intervene, Reply to Attorney General of Canada, Completed on: 2014-06-03 Canada's National Firearms Association
2014-05-27 Response to the motion for leave to intervene, (Letter Form), Joint response to Motions to Intervene submitted by CNFA + la Coalition pour le contrôle des armes. Also requesting to submit a 10 page Reply Factum (5 pages for both interveners), Completed on: 2014-05-29, (Electronic version filed on 2014-05-27) Attorney General of Canada
2014-05-27 Response to the motion for leave to intervene, (Letter Form), Joint response to Motions to Intervene submitted by CNFA + la Coalition pour le contrôle des armes , Completed on: 2014-05-27, (Electronic version filed on 2014-05-27) Attorney General of Quebec
2014-05-20 Other book of authorities, (Book Form), Completed on: 2014-05-23, (Electronic version filed on 2014-05-20) Canada's National Firearms Association
2014-05-20 Motion for leave to intervene, (Book Form), Completed on: 2014-05-23, (Electronic version filed on 2014-05-20) Canada's National Firearms Association
2014-05-20 Motion for leave to intervene, Completed on: 2014-05-20, (Electronic version filed on 2014-05-20) Coalition pour le contrôle des armes
2014-04-22 Appellant's book of authorities, (6 volumes), Completed on: 2014-04-22 Attorney General of Quebec
2014-04-22 Appellant's factum, Completed on: 2014-04-22, (Electronic version filed on 2014-04-28) Attorney General of Quebec
2014-04-14 Certificate of counsel (attesting to record) Attorney General of Quebec
2014-04-14 Appellant's record, Joint - Table of contents + 21 volumes , Completed on: 2014-04-14 Attorney General of Quebec
2014-04-03 Order on motion to file a lengthy factum, (by WAGNER J.)
2014-04-03 Decision on motion to file a lengthy factum, Wa, UPON APPLICATION by the Attorney General of Quebec for an order permitting the filing of a 50-page factum;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2014-04-03 Submission of motion to file a lengthy factum, Wa
2014-03-24 Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2014-03-24, (Electronic version filed on 2014-03-24) Attorney General of Canada
2014-03-21 Motion to file a lengthy factum, Completed on: 2014-03-21, (Printed version filed on 2014-03-21) Attorney General of Quebec
2014-01-29 Notice of constitutional question(s), Served on all AGs on January 29, 2014 Attorney General of Quebec
2014-01-24 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2014-01-24 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating a constitutional question in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTION BE STATED AS FOLLOWS:
1. Is s. 29 of the Ending the Long-gun Registry Act, S.C. 2012, c. 6, ultra vires Parliament having regard to its criminal law power under s. 91(27) of the Constitution Act, 1867?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondents the costs of any additional disbursements they incur as a result of the intervention.
Granted
2014-01-24 Submission of motion to state a constitutional question, CJ
2014-01-08 Reply to the motion to state a constitutional question, Completed on: 2014-01-08 Attorney General of Quebec
2013-12-23 Response to the motion to state a constitutional question, Completed on: 2013-12-23 Attorney General of Canada
2013-12-18 Motion to state a constitutional question, Completed on: 2013-12-18 Attorney General of Quebec
2013-12-18 Notice of appeal, Completed on: 2013-12-18 Attorney General of Quebec
2013-12-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-11-22 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-11-22 Judgment on leave sent to the parties
2013-11-21 Judgment of the Court on the application for leave to appeal, The motion for a stay of execution is granted. The motions for leave to intervene of the Coalition for Gun Control and Canada’s National Firearms Association are dismissed without prejudice to their respective right to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-023030-125, 2013 QCCA 1138, dated June 27, 2013, is granted with costs in the cause.
Granted, with costs in the cause
2013-11-21 Decision on motion for leave to intervene
Dismissed
2013-11-21 Decision on motion for leave to intervene
Dismissed
2013-11-21 Decision on the motion for a stay of execution
Granted
2013-10-15 All materials on application for leave submitted to the Judges, LeB Ka Wa
2013-10-15 Submission of motion for leave to intervene, LeB Ka Wa
2013-10-15 Submission of motion for leave to intervene, LeB Ka Wa
2013-10-15 Submission of motion for a stay of execution, LeB Ka Wa
2013-10-10 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2013-10-10 Attorney General of Quebec
2013-10-10 Reply to the motion for leave to intervene., (Letter Form), Completed on: 2013-10-10 Coalition pour le contrôle des armes
2013-10-10 Response to the motion for leave to intervene, (Letter Form), Letter rec'd by email from Éric Dufour on 2013-10-10, Completed on: 2013-10-10 Attorney General of Quebec
2013-10-09 Response to the motion for leave to intervene, Response to both motions for leave to intervene (La Coalition et Canada's NAtional FIrearms), 3 add'l copies requested (rec'd 2013-10-11), Completed on: 2013-10-09 Attorney General of Canada
2013-09-30 Motion for leave to intervene, Completed on: 2013-09-30 Canada's National Firearms Association
2013-09-30 Motion for leave to intervene, (3 add. copies rec'd Oct. 1/13), Completed on: 2013-09-30 Coalition pour le contrôle des armes
2013-09-30 Book of authorities, (Book Form) Attorney General of Canada
2013-09-30 Respondent's response on the application for leave to appeal, (Book Form), Volumes 1-2, service to come (rec'd 2013-09-30), Completed on: 2013-10-01 Attorney General of Canada
2013-09-09 Correspondence received from, Éric Dufour, email dated 2013-09-09, re.: reply to stay of execution Attorney General of Quebec
2013-09-06 Correspondence received from, René LeBlanc, fax dated 2013-09-06, re.: response to stay of execution Attorney General of Canada
2013-09-05 Correspondence received from, Éric Dufour, email dated 2013-09-05, re.: stay of execution Attorney General of Quebec
2013-09-04 Letter acknowledging receipt of a complete application for leave to appeal
2013-08-30 Correspondence received from, Pierre Landry, dated Aug.30/13 re Contrôleur des armes à feu & the Applicant have same counsel and agent. Attorney General of Quebec
2013-08-30 Application for leave to appeal, (Book Form), Volumes 1-12, service to come (rec'd 2013-09-06), Completed on: 2013-09-06 Attorney General of Quebec
2013-08-15 Order issued on motion for a stay of execution, (by WAGNER J.)
2013-08-15 Decision on the motion for a stay of execution, UPON MOTION by the applicant for a stay of execution of the judgment of the Quebec Court of Appeal dated June 27, 2013 in file 500-09-023030-125;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is referred to the judges to whom the application for leave to appeal is submitted.
Referred
2013-08-15 Submission of motion for a stay of execution, Wa
2013-08-08 Reply to motion for a stay of execution, (Book Form), (3 add. copies rec'd Aug. 27/13), Completed on: 2013-08-08 Attorney General of Quebec
2013-08-01 Book of authorities, (on motion for stay) Attorney General of Canada
2013-08-01 Response to the motion for a stay of execution, (Book Form), Completed on: 2013-08-01 Attorney General of Canada
2013-07-25 Correspondence received from, Claude Joyal dated Juil. 25/13 re will file a response to the motion for stay shortly Attorney General of Canada
2013-07-23 Motion for a stay of execution, (Book Form), (3 add. copies rec'd Aug. 27/13), Completed on: 2013-07-24 Attorney General of Quebec
2013-07-23 Notice of application for leave to appeal, (included with motion for a stay), Completed on: 2013-07-23 Attorney General of Quebec

Parties

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

Main parties

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

v.

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

Other parties

Other parties
Name Role Status
Contrôleur des armes à feu Intervener Active
Coalition pour le contrôle des armes Intervener Active
Canada's National Firearms Association Intervener Active

Counsel

Party: Attorney General of Quebec

Counsel
Éric Dufour
Hugo Jean
Suzanne-L. Gauthier
Marie-Ève Mayer
Bernard, Roy & Associés
Bureau 8.00
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: eric.dufour@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Attorney General of Canada

Counsel
Claude Joyal, c.r.
René Leblanc
Dominique Guimond
Ian Demers
William F. Pentney
Procureur général du Canada
Tour est, 5e étage, Complexe Guy-Favreau
200, boul. René-Lévesque ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8768
FAX: (514) 283-3856
Email: claude.joyal@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: Commissioner of Firearms

Counsel
Claude Joyal, c.r.
Procureur général du Canada
Tour est, 5e étage, Complexe Guy-Favreau
200, boul. René-Lévesque ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8768
FAX: (514) 283-3856
Email: claude.joyal@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: Registrar

Counsel
Claude Joyal, c.r.
Procureur général du Canada
Tour est, 5e étage, Complexe Guy-Favreau
200, boul. René-Lévesque ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8768
FAX: (514) 283-3856
Email: claude.joyal@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: Contrôleur des armes à feu

Counsel
Éric Dufour
Hugo Jean
Suzanne-L. Gauthier
Bernard Roy
Bernard, Roy & Associés
Bureau 8.00
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: eric.dufour@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Coalition pour le contrôle des armes

Counsel
Alain M. Gaulin
Juripop s.e.n.c.r.l.
253, rue Ste-Catherine Ouest
Bureau 200
St-Constant, Quebec
J5A 2J6
Telephone: (450) 845-1637
FAX: (450) 845-1667
Email: amgaulin@juripop.org
Agent
Frédérick Langlois
Deveau, Bourgeois, Gagné, Hébert & associées, sencrl
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca

Party: Canada's National Firearms Association

Counsel
Guy Lavergne
2051, rue du Bordelais
Saint-Lazare, Quebec
J7T 3C6
Telephone: (514) 245-0949
FAX: (514) 800-2918
Email: guy.lavergne@f-lex.ca
Agent
Solomon Friedman
Edelson Clifford D'Angelo Friedman LLP
200 Elgin Street
Suite 600
Ottawa, Ontario
K2P 1L5
Telephone: (613) 237-2290
FAX: (613) 237-0071
Email: solomon@edelsonlaw.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.

Constitutional law - Division of powers - Destruction of records related to registration of firearms originating from Quebec - Whether Court of Appeal erred in dismissing motion for declaration that s. 29 of Ending the Long-gun Registry Act (S.C. 2012, c. 6) is unconstitutional - Whether Court of Appeal should have concluded that federal government’s refusal to disclose data sought by Quebec is contrary to partnership existing between parties, privacy laws and organizing principle of co-operative federalism.

To save Quebec data related to the registration of long guns, the Attorney General of Quebec seeks a declaration that s. 29 of the Ending the Long-gun Registry Act, S.C. 2012, c. 6, a statute that amends the Criminal Code and the Firearms Act, S.C. 1995, c. 39, and requires the destruction of all records in the Canadian Firearms Registry related to the registration of firearms that are neither prohibited firearms nor restricted firearms, is unconstitutional.


Lower court rulings

September 10, 2012
Superior Court of Quebec

500-17-071284-122

Motion for declaration of constitutional invalidity allowed

June 27, 2013
Court of Appeal of Quebec (Montréal)

2013 QCCA 1138, 500-09-023030-125

Appeal allowed; motion for declaration of constitutional invalidity 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