Case information
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36231
Attorney General of Quebec, et al. v. Attorney General of Canada
(Quebec) (Civil) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-05-11 | Transcript received, 112 pages | |
| 2015-04-27 | Appeal closed | |
| 2015-04-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-04-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-04-24 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-024618-142, 2014 QCCA 2365, dated December 23, 2014, was heard on April 24, 2015, and the Court on that day delivered the following judgment orally: WAGNER J. — [TRANSLATION] We are all of the view that the appeal should be dismissed, essentially for the reasons given by the Quebec Court of Appeal. The appellants have not persuaded us that the Court of Appeal erred in interpreting s. 98 of the Constitution Act, 1867. The arguments based on Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, [2014] 1 S.C.R. 433, do not stand up to analysis. As the Court of Appeal mentioned in paras. 26-36 of its opinion, this appeal concerns different constitutional and statutory provisions, and the reasoning and conclusions from that reference do not apply to it. For these reasons, the appeal is dismissed. Dismissed |
|
| 2015-04-24 |
Hearing of the appeal, 2015-04-24, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment rendered |
|
| 2015-04-24 | Intervener's condensed book, (Book Form), Outline of Oral Argument filed in Court | Attorney General of Ontario |
| 2015-04-24 | Respondent's condensed book, (Book Form), Filed in Court | Attorney General of Canada |
| 2015-04-24 | Appellant's condensed book, (Book Form), Filed in Court | Attorney General of Quebec |
| 2015-04-21 | Correspondence received from, 5 reserved seats. | Attorney General of Canada |
| 2015-04-21 | Appeal perfected for hearing | |
| 2015-04-17 | Notice of appearance, Mr Patrick J. Monahan and Mr. Padraic Ryan will be appearing at the hearing and Mr Monahan will make the oral argument. | Attorney General of Ontario |
| 2015-04-17 | Notice of appearance, Mr Jean-Yves Bernard, Ms Marie-Catherine Bolduc and Mr Francis Demers will appear at the hearing and Mr Bernard will do the oral presentation. Mr. Demers won't be at the hearing. | Attorney General of Quebec |
| 2015-04-16 | Notice of appearance, Mr. Guy Régimbald and Mr. François Baril will appear at the hearing and Mr. Baril will do the oral presentation. | Association of the Tax Court of Canada Judges |
| 2015-04-14 |
Order by, Abe, FURTHER TO THE ORDER dated March 31, 2015, granting leave to intervene to the Attorney General of Ontario and the Association of the Tax Court of Canada Judges; 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 |
|
| 2015-04-14 | Notice of appearance, Mr. Rocco Galatti will be present at the hearing. | Rocco Galati |
| 2015-04-14 | Notice of appearance, Mr. James O'Reilly, Ms. Patricia Ochman and Mr. Alex O'Reilly, counsel for the GCC and the GNC will be presents at the hearing and Mr. James O'Reilly will make the oral presentation. | Grand Council of Cree (Eeyou Istchee) |
| 2015-04-14 | Notice of appearance, Mr. Paul Slansky, counsel for the Constitutional Rights Centre Inc. will appear at the hearing. | Constitutional Rights Centre Inc. |
| 2015-04-10 | Intervener's book of authorities, (Book Form), 2 volumes., Completed on: 2015-04-10, (Electronic version filed on 2015-04-10) | Association of the Tax Court of Canada Judges |
| 2015-04-10 | Intervener's factum, (Book Form), Completed on: 2015-04-10, (Electronic version filed on 2015-04-10) | Association of the Tax Court of Canada Judges |
| 2015-04-10 | Intervener's book of authorities, (Book Form), Completed on: 2015-04-10, (Electronic version filed on 2015-04-10) | Attorney General of Ontario |
| 2015-04-10 | Intervener's factum, (Book Form), Completed on: 2015-04-10, (Electronic version filed on 2015-04-10) | Attorney General of Ontario |
| 2015-04-10 | Notice of appearance, Sébastien Grammond, counsel for the Canadian Association of Provincial Court Judges will appear at the hearing. | Canadian Association of Provincial Court Judges |
| 2015-04-07 | Certificate of counsel (attesting to record), (Letter Form), Certificate from the respondant., (Electronic version filed on 2015-04-13) | Attorney General of Canada |
| 2015-04-07 | Respondent's book of authorities, (Book Form), 8 volumes. Proof of service and CD missing. Service received 2015-04-09. CD received 2015-04-13., Completed on: 2015-04-13, (Electronic version filed on 2015-04-13) | Attorney General of Canada |
| 2015-04-07 | Respondent's record, (Book Form), 7 volumes. Proof of services and CD missing. Service received 2015-04-09. CD received 2015-04-13., Completed on: 2015-04-13, (Electronic version filed on 2015-04-13) | Attorney General of Canada |
| 2015-04-07 | Respondent's factum, (Book Form), 24 English copies received. Proof of service and CD missing. Service received 2015-04-09. CD received 2015-04-13., Completed on: 2015-04-13, (Electronic version filed on 2015-04-13) | Attorney General of Canada |
| 2015-04-02 | Certificate of counsel (attesting to record), (Letter Form), from Intervener, Grand Conseil des Cris (Eeyou Istchee) and Gouvernement de la Nation Crie., (Electronic version filed on 2015-04-09) | Grand Council of Cree (Eeyou Istchee) |
| 2015-04-02 | Intervener's book of authorities, (Book Form), 3 volumes., Completed on: 2015-04-13, (Electronic version filed on 2015-04-09) | Grand Council of Cree (Eeyou Istchee) |
| 2015-04-02 | Intervener's factum, (Book Form), Proof of service and CD missing. CD received 2015-04-09. Proof of service received 2015-04-13., Completed on: 2015-04-13, (Electronic version filed on 2015-04-09) | Grand Council of Cree (Eeyou Istchee) |
| 2015-04-02 | Intervener's book of authorities, (Book Form), Completed on: 2015-04-14, (Electronic version filed on 2015-04-13) | Canadian Association of Provincial Court Judges |
| 2015-04-02 | Intervener's factum, (Book Form), Completed on: 2015-04-14, (Electronic version filed on 2015-04-13) | Canadian Association of Provincial Court Judges |
| 2015-04-02 | Notice of appearance, Mr. Bernard Letarte and Mr. Alexander Pless will be appearing as Counsel for the Respondant, Attorney General of Canada and Mr. Letarte will do the oral hearing. | Attorney General of Canada |
| 2015-03-31 | Order on motion for leave to intervene, (by JUSTICE ABELLA) | |
| 2015-03-31 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Attorney General of Ontario and the Association of the Tax Court of Canada Judges 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 are granted and the said interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before April 10, 2015. 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 appellants and respondent by their interventions. Granted |
|
| 2015-03-31 | Submission of motion for leave to intervene, Abe | |
| 2015-03-24 | Response to the motion for leave to intervene, (Letter Form), will not file a response , Completed on: 2015-03-24 | Attorney General of Quebec |
| 2015-03-24 | Response to the motion for leave to intervene, (Letter Form), does not oppose both motions to intervene , Completed on: 2015-03-24 | Attorney General of Canada |
| 2015-03-20 | Motion for leave to intervene, (Book Form), Completed on: 2015-03-20, (Electronic version filed on 2015-03-20) | Attorney General of Ontario |
| 2015-03-20 | Motion for leave to intervene, (Book Form), Completed on: 2015-03-26, (Electronic version filed on 2015-03-20) | Association of the Tax Court of Canada Judges |
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 |
Appeal hearing scheduled, 2015-04-24 Judgment rendered |
|
| 2015-03-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-03-27) | Constitutional Rights Centre Inc. |
| 2015-03-06 | Appellant's book of authorities, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-27) | Constitutional Rights Centre Inc. |
| 2015-03-06 | Appellant's factum, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-27) | Constitutional Rights Centre Inc. |
| 2015-03-06 | Appellant's book of authorities, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-06) | Attorney General of Quebec |
| 2015-03-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-03-06) | Attorney General of Quebec |
| 2015-03-06 | Appellant's record, (Book Form), Vol. 1 to 5, Completed on: 2015-03-06, (Electronic version filed on 2015-03-06) | Attorney General of Quebec |
| 2015-03-06 | Appellant's factum, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-06) | Attorney General of Quebec |
| 2015-03-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-03-27) | Rocco Galati |
| 2015-03-06 | Appellant's book of authorities, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-27) | Rocco Galati |
| 2015-03-06 | Appellant's record, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-27) | Rocco Galati |
| 2015-03-06 | Appellant's factum, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-27) | Rocco Galati |
| 2015-02-16 | Order on motion to state a constitutional question, (by CHIEF JUSTICE MCLACHLIN) | |
| 2015-02-16 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants, Rocco Galati and the Constitutional Rights Centre Inc., for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2015-02-16 | Submission of motion to state a constitutional question, CJ | |
| 2015-02-10 | Order on motion to quash, (by THE COURT) | |
| 2015-02-10 |
Decision on the motion to quash the appeal, (The Court), UPON APPLICATION by the Attorney General of Canada to quash the Notice of Appeal filed by Rocco Galati and the Constitutional Rights Centre Inc. on December 24, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion is dismissed without costs. 2. The order dated January 21, 2015, is varied to allow Rocco Galati, the Constitutional Rights Centre Inc. and the Association of Provincial Court Judges to each serve and file a factum not to exceed 20 pages in length. The Grand Council of Cree (Eeyou Istchee) and the Cree Nation Government shall be entitled to serve and file a joint factum not to exceed 20 pages in length. 3. The style of cause shall be modified. The Attorney General of Quebec, Rocco Galati and the Constitutional Rights Centre Inc. shall be designated as appellants. The Attorney General of Canada shall be designated as respondent, and the Canadian Association of Provincial Court Judges, the Grand Council of Cree (Eeyou Istchee) and the Cree Nation Government shall be designated as interveners. 4. Rocco Galati, the Constitutional Rights Centre Inc. and the Canadian Association of Provincial Court Judges shall each be allowed to present oral argument not exceeding 10 minutes at the hearing of the appeals. The Grand Council of Cree (Eeyou Istchee) and the Cree Nation Government, together, shall be allowed to present oral argument not exceeding 10 minutes at the hearing of the appeals. Dismissed, without costs |
|
| 2015-02-10 | Submission of motion to quash, (To the Court) | |
| 2015-02-06 | Correspondence received from, Bernard Letarte by email, re: leaves the constitutional questions to the discretion of the Court | Attorney General of Canada |
| 2015-02-04 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (French and English letters) | |
| 2015-02-02 | Response to the motion to state a constitutional question, (Letter Form), cc. to all parties, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Attorney General of Quebec |
| 2015-01-30 | Other book of authorities, (Book Form), in support of the response to the motion to quash , Completed on: 2015-04-01 | Rocco Galati |
| 2015-01-30 | Response to the motion to quash, (Book Form), Completed on: 2015-04-01 | Rocco Galati |
| 2015-01-30 | Response to the motion to quash, (Letter Form), Completed on: 2015-01-30 | Grand Council of Cree (Eeyou Istchee) |
| 2015-01-30 | Response to the motion to quash, (Letter Form), Completed on: 2015-01-30 | Canadian Association of Provincial Court Judges |
| 2015-01-30 | Response to the motion to quash, (Letter Form), Completed on: 2015-01-30 | Attorney General of Quebec |
| 2015-01-28 | Other book of authorities, (Book Form), in support of the motion to quash , Completed on: 2015-01-28, (Electronic version filed on 2015-01-28) | Attorney General of Canada |
| 2015-01-28 | Motion to quash, (Book Form), the Notice of Appeal filed by Rocco Galati and the Constitutional Rights Centre Inc. on December 24, 2014 , Completed on: 2015-01-28, (Electronic version filed on 2015-01-28) | Attorney General of Canada |
| 2015-01-22 | Correspondence (sent by the Court) to, all parties by fax, re: written submissions requested on the standing of Mr. Galati and Constitutional Rights Centre Inc. | |
| 2015-01-22 | Correspondence received from, Paul Slansky and Rocco Galati by email, re: reconsideration of the Order of the Chief Justice; opportunity to respond to the letters of the Attorney General of Canada | Rocco Galati |
| 2015-01-21 | Correspondence (sent by the Court) to, all parties by fax, re: appeals being expedited; Court's order reflects the relative participation of the various parties at the Court of Appeal (French and English letters) | |
| 2015-01-21 |
Order by, CJ, HAVING READ the material filed, including the correspondence from the Attorney General of Canada and from the Constitutional Rights Centre Inc. regarding the standing of Mr. Rocco Galati to file a Notice of Appeal; IT IS HEREBY ORDERED THAT: 1. Any further motion to state constitutional questions shall be served and filed on or before January 28, 2015. 2. Responses to any motion to state constitutional questions shall be served and filed on or before February 2, 2015. 3. Replies to any responses to a motion to state constitutional questions shall be served and filed on or before February 4, 2015. 4. In the event that constitutional questions are stated in this appeal, the notice of constitutional questions shall be served on the attorneys general no later than two (2) days after receipt of the order referred to under Rule 61(1) of the Rules of the Supreme Court of Canada. 5. The Attorney General of Quebec shall serve and file a single factum and its record and book of authorities on or before March 6, 2015. Its factum shall not exceed 40 pages in length. 6. Mr. Galati shall serve and file a single factum and his record and book of authorities on or before March 6, 2015. Mr. Galati’s factum shall not exceed 10 pages in length. 7. The Constitutional Rights Centre Inc. shall serve and file a single factum and its record and book of authorities on or before March 6, 2015. Its factum shall not exceed 10 pages in length. 8. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 20, 2015. 9. The parties shall serve and file their responses, if any, to the motions for leave to intervene on or before March 24, 2015. 10. Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 26, 2015. 11. The Attorney General of Canada shall serve and file a single factum and its record and book of authorities on or before April 7, 2015. Its factum shall not exceed 40 pages in length. 12. The Canadian Association of Provincial Court Judges shall serve and file a single factum and its record and book of authorities on or before April 2, 2015. Its factum shall not exceed 10 pages in length. 13. The Grand Council of Cree (Eeyou Istchee) and the Cree Nation Government shall serve and file a single factum and their record and book of authorities on or before April 2, 2015. Their joint factum shall not exceed 10 pages in length. 14. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 10, 2015. 15. In the event that constitutional questions are stated in this appeal, any attorney general wishing to intervene pursuant to Rule 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 7, 2015. 16. Consideration of the issues raised by the Attorney General of Canada in his correspondence dated January 21, 2015, is deferred until the hearing, and the parties may address them in their written submissions, allocated above. Granted |
|
| 2015-01-21 | Correspondence received from, Paul Slansky by email, re: standing in this Court | Rocco Galati |
| 2015-01-21 | Correspondence received from, James O'Reilly by email, re: consent to being named intervener in these proceedings; would like to file a factum of 40 pages | Grand Council of Cree (Eeyou Istchee) |
| 2015-01-21 | Correspondence received from, Claude Joyal and Alexander Pless by email, re: opposes the Attorney General of Quebec's proposal that all parties file their materials on the same day | Attorney General of Canada |
| 2015-01-21 | Correspondence received from, Jean-Yves Bernard by email, re: intervening parties in these proceedings; schedule for filing at the Court of Appeal | Attorney General of Quebec |
| 2015-01-21 | Correspondence received from, Sébastien Grammond by email, re: awaiting instructions from client as to its participation in this matter; status in these proceedings | Canadian Association of Provincial Court Judges |
| 2015-01-21 | Correspondence received from, Paul Slansky by email, re: would like an opportunity to respond to the letter of the Attorney General of Canada | Rocco Galati |
| 2015-01-21 | Correspondence received from, Claude Joyal and Alexander Pless by email, re: style of cause and schedule for the filing of documents | Attorney General of Canada |
| 2015-01-20 | Certificate (on limitations to public access), (Included in the notice of appeal) | Attorney General of Quebec |
| 2015-01-20 | Notice of appeal, (Letter Form), Completed on: 2015-01-20 | Attorney General of Quebec |
| 2015-01-19 | Correspondence received from, from Guy Régimbald by fax, re: Grand Council of the Crees (Eeyou Istchee) and Cree Nation Government intend to participate in this matter | Grand Council of Cree (Eeyou Istchee) |
| 2015-01-13 | Motion to state a constitutional question, (Letter Form), Completed on: 2015-01-13, (Electronic version due on 2015-01-20) | Rocco Galati |
| 2014-12-24 | Notice of appeal, (Letter Form), Completed on: 2014-12-24 | Rocco Galati |
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 |
|---|---|---|
| Attorney General of Quebec | Appellant | Active |
| Galati, Rocco | Appellant | Active |
| Constitutional Rights Centre Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Association of Provincial Court Judges | Intervener | Active |
| Grand Council of Cree (Eeyou Istchee) | Intervener | Active |
| Cree Nation Government | Intervener | Active |
| Association of the Tax Court of Canada Judges | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Galati, Rocco
Counsel
1062 College Street
Lower Level
Toronto, Ontario
M6H 1A9
Telephone: (416) 530-9684
FAX: (416) 530-8129
Email: rocco@idirect.com
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Constitutional Rights Centre Inc.
Counsel
1062 College Street
Toronto, Ontario
M6H 1A9
Telephone: (416) 536-1220
FAX: (416) 536-8842
Email: paul.slansky@bellnet.ca
Agent
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 Quebec
Counsel
1 rue Notre-Dame Est, 8e étage
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: jean-yves.bernard@justice.gouv.qc.ca
Agent
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
Sara Gauthier
Bernard Letarte
200, boulevard René-Lévesque Ouest
Complexe Guy Favreau, Tour Est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8767
FAX: (514) 283-3856
Email: apless@justice.gc.ca
Agent
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: Canadian Association of Provincial Court Judges
Counsel
Mélisa Thibault
bur. 203
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5902
FAX: (613) 562-5121
Email: sebastien.grammond@uottawa.ca
Party: Grand Council of Cree (Eeyou Istchee)
Counsel
Patricia Ochman
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Cree Nation Government
Counsel
Patricia Ochman
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Association of the Tax Court of Canada Judges
Counsel
François Baril
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Padraic Ryan
720 Bay Street, 11th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-2640
FAX: (416) 326-4018
Email: patrick.monahan@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Constitutional law - Courts - Judges - Which Quebec courts are covered by s. 98 of the Constitution Act, 1867? - What conditions for appointing judges to Quebec courts are required under s. 98 of the Constitution Act, 1867, and does that section allow the appointment of persons who are members of federal courts?
On June 13, 2014, the Governor General of Canada appointed the Honourable Justice Robert Mainville to the Court of Appeal of Quebec. Rocco Galati and the Constitutional Rights Centre Inc. sought judicial review of the appointment in the Federal Court, on the basis that as a member of the Federal Court of Appeal, Justice Mainville could not legally be appointed to the Court of Appeal of Quebec in light of s. 98 of the Constitution Act, 1867, which provides that “The Judges of the Courts of Quebec shall be selected from the Bar of that Province”. The Attorney General of Quebec sought the opinion of the Quebec Court of Appeal by way of reference on two questions, which received the following answers:
1. Which Quebec courts are covered by section 98 of the Constitution Act, 1867?
The “Courts of Quebec” contemplated by s. 98 of the Constitution Act, 1867 are those whose judges are appointed by the Governor General, that is, the Court of Appeal of Quebec and the Superior Court of Quebec.
2. What conditions for appointing judges to Quebec courts are required under section 98 of the Constitution Act, 1867 and does that section allow the appointment of persons who are members of federal courts?
Section 98 of the Constitution Act, 1867 requires that a person appointed to one of the Courts of Quebec have previously been a member of the Barreau du Québec or be such a member when appointed. Therefore, a judge of the federal courts who was a member of the Barreau du Québec prior to becoming a judge may be appointed to the Court of Appeal or the Superior Court of Quebec.
Lower court rulings
Court of Appeal of Quebec (Montréal)
500-09-024618-142
see file
Filed documents
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 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 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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Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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