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Case information

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38381

Attorney General of British Columbia v. Provincial Court Judges' Association of British Columbia

(British Columbia) (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)
2021-03-05 Appeal closed
2020-08-04 Formal judgment sent to the registrar of the court of appeal and all parties
2020-08-04 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-07-31 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45521, 2018 BCCA 394, dated October 23, 2018, heard on December 9, 2019, is allowed without costs. The master’s order for production of the Cabinet submission is quashed.
Allowed, without costs
2019-12-27 Transcript received, Joint with 38459 - 159 pages
2019-12-09 Judgment reserved OR rendered with reasons to follow
2019-12-09 Hearing of the appeal, 2019-12-09, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-12-09 Intervener's condensed book, (Book Form), Joint with 38459 - Submitted in Court (14 copies) Attorney General of Ontario
2019-12-09 Intervener's condensed book, (Book Form), Joint with 38459 - Submitted in Court (14 copies) Attorney General of Canada
2019-12-09 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Provincial Court Judges' Association of British Columbia
2019-12-09 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of British Columbia
2019-12-05 Correspondence received from, (Letter Form), Joint with 38459. Marilyn Venney will appear before the Court instead of Dayna Anderson. Attorney General of Canada
2019-12-04 Correspondence received from, (Letter Form), Joint with 38459 - 2 reserved seats requested. Canadian Superior Courts Judges Association
2019-12-03 Correspondence received from, (Letter Form), Only Mr. Arvay, Q.C. will present oral arguments. Provincial Court Judges' Association of British Columbia
2019-11-27 Correspondence received from, (Letter Form), Joint with 38459.
2 reserved seats requested. 		Canadian Association of Provincial Court Judges
2019-11-22 Correspondence received from, (Letter Form), Joint with 38459.
1 reserved seat requested. 		Canadian Bar Association
2019-11-21 Notice of appearance, (Letter Form), Joint with 38459.
Thomson Irvine, Q.C. will appear before the court, and will present oral arguments.
 Attorney General for Saskatchewan
2019-11-19 Notice of appearance, (Letter Form), Joint with 38459.
Doreen C. Mueller will appear before the court, and will present oral arguments.
 Attorney General of Alberta
2019-11-19 Correspondence received from, (Letter Form), Joint with 38459.
1 reserved seat requested.
 Attorney General of Ontario
2019-11-19 Notice of appearance, (Letter Form), Joint with 38549.
Sarah Kraicer and Andrea Bolieiro will appear before the court. Ms. Kraicer will present oral arguments.
 Attorney General of Ontario
2019-11-18 Correspondence received from, (Letter Form), Joint with 38459.
1 reserved seat requested. 		Canadian Taxpayers Federation
2019-11-18 Notice of appearance, (Letter Form), Joint with 38459.
Adam Goldenberg and Stephanie Willsey will appear before the court. Mr. Goldenberg will present oral arguments.
 Canadian Taxpayers Federation
2019-11-15 Notice of appearance, (Letter Form), Joint with 38459.
Guy J. Pratte, Ewa Krajewska and Neil Abraham will appear before the court. Mr. Pratte will present oral arguments.
 Canadian Bar Association
2019-11-14 Notice of appearance, (Letter Form), Joint with 38459.
Pierre Bienvenu, AD. E., Azim Hussain and Jean-Simon Schoenholz will appear before the court. Mr. Bienvenu will present oral arguments.
 Canadian Superior Courts Judges Association
2019-11-13 Correspondence received from, (Letter Form), Joint with 38459.
3 reserved seats requested. 		Canadian Civil Liberties Association
2019-11-13 Notice of appearance, (Letter Form), Joint with 38459.
Steven M. Barrett and Colleen Bauman will appear before the court. Mr. Barrett will present oral arguments.
 Canadian Association of Provincial Court Judges
2019-11-13 Notice of appearance, (Letter Form), Joint with 38459.
Brigitte Bussières and Robert Desroches will appear before the court. Ms. Bussières will present oral arguments.
 Attorney General of Quebec
2019-11-13 Notice of appearance, (Letter Form), Stein K. Gudmundseth, Q.C, Andrew D. Gay, Q.C. and Clayton J. Gallant will appear before the court. Mr. Gudmundseth and Mr. Gay will present oral arguments. Attorney General of British Columbia
2019-11-13 Correspondence received from, (Letter Form), Joint with 38459.
2 reserved seats requested. 		Canadian Civil Liberties Association
2019-11-13 Notice of appearance, (Letter Form), Joint with 38459.
Andrew K. Lokan and Lauren Pearce will appear before the court. Mr. Lokan will present oral arguments.
 Canadian Civil Liberties Association
2019-11-12 Notice of appearance, (Letter Form), Joint with 38459.
Michael H. Morris and Dayna Anderson will appear before the court. Mr. Morris will present oral arguments. 		Attorney General of Canada
2019-11-12 Notice of appearance, (Letter Form), Joseph J. Arvay, O.C., Q.C. and Alison M. Latimer will appear before the court, and they will both present oral arguments. Provincial Court Judges' Association of British Columbia
2019-11-06 Reply factum on appeal, (Book Form), Completed on: 2019-11-06 Provincial Court Judges' Association of British Columbia
2019-11-06 Reply factum on appeal, (Book Form), Completed on: 2019-11-06 Attorney General of British Columbia
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Superior Courts Judges Association
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Superior Courts Judges Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Taxpayers Federation
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Taxpayers Federation
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Bar Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Association of Provincial Court Judges
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Association of Provincial Court Judges
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Civil Liberties Association
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Canadian Civil Liberties Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General of Alberta
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General of Alberta
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General for Saskatchewan
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General for Saskatchewan
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General of Quebec
2019-10-23 Intervener's factum, (Book Form), (Joint 38459), Completed on: 2019-10-23 Attorney General of Quebec
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General of Ontario
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General of Canada
2019-10-23 Intervener's factum, (Book Form), (Joint with 38459), Completed on: 2019-10-23 Attorney General of Canada
2019-10-03 Appeal perfected for hearing
2019-09-13 Notice of hearing sent to parties
2019-09-11 Order on motion for leave to intervene, by MOLDAVER J.
2019-09-11 Decision on the motion for leave to intervene, Mo
2019-09-11 Decision on motion to extend time,
Joint with 38459.
REVISED September 12, 2019., Mo,

UPON APPLICATION by the Attorney General for Saskatchewan for an order extending the time to serve and file a motion for leave to intervene in the appeal Attorney General of British Columbia v. Provincial Court Judges’ Association of British Columbia (38381);
AND UPON APPLICATION by the Canadian Civil Liberties Association for an order extending the time to serve and file a motion for leave to intervene in the above appeals;
AND UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General for Saskatchewan, the Attorney General of Alberta, the Canadian Superior Courts Judges Association, the Canadian Bar Association, the Canadian Association of Provincial Court Judges, the Canadian Taxpayers Federation and the Canadian Civil Liberties Association for leave to intervene in the above appeals;
AND UPON REQUESTS by the appellants to serve and file a factum in reply to the interventions;
AND UPON REQUESTS by the respondents to serve and file a factum in reply to the interventions;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for an extension of time to serve and file a motion for leave to intervene are granted.
The motions for leave to intervene are granted and the said ten (10) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length on or before October 23, 2019.
The said ten (10) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The appellants are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 6, 2019.
The respondents are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before November 6, 2019.
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 respondents any additional disbursements resulting from their interventions.

Granted
2019-09-11 Submission of motion for leave to intervene, Mo
2019-09-11 Order on motion to extend time, by MOLDAVER J.
2019-09-11 Decision on motion to extend time,
See order on motions for leave to intervene., Mo
Granted
2019-09-11 Submission of motion to extend time, Mo
2019-08-16 Certificate of counsel (attesting to record), (Letter Form) Provincial Court Judges' Association of British Columbia
2019-08-16 Respondent's record, (Book Form), Completed on: 2019-08-16 Provincial Court Judges' Association of British Columbia
2019-08-16 Respondent's book of authorities, (Book Form), Completed on: 2019-08-16 Provincial Court Judges' Association of British Columbia
2019-08-16 Respondent's factum, (Book Form), Completed on: 2019-08-16 Provincial Court Judges' Association of British Columbia
2019-08-15 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2019-08-15 Attorney General of British Columbia
2019-08-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-15 Attorney General of British Columbia
2019-08-13 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2019-08-13 Provincial Court Judges' Association of British Columbia
2019-08-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-13 Provincial Court Judges' Association of British Columbia
2019-08-08 Notice of name, (Letter Form), Joint with 38459 Canadian Civil Liberties Association
2019-08-08 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file a motion for leave to intervene.
Joint with 38459, Completed on: 2019-08-08 		Canadian Civil Liberties Association
2019-08-08 Motion for leave to intervene, (Book Form), Joint with 38459, Completed on: 2019-08-08 Canadian Civil Liberties Association
2019-07-31 Reply to the motion for leave to intervene, (Letter Form), Joint with 38459, Completed on: 2019-07-31 Canadian Association of Provincial Court Judges
2019-07-31 Appeal hearing scheduled, 2019-12-09, (Previously tentatively scheduled for November 6, 2019)
Judgment reserved
2019-07-30 Reply to the motion for leave to intervene, (Letter Form), Joint with 38459, Completed on: 2019-07-30 Canadian Taxpayers Federation
2019-07-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-07-29 Attorney General of British Columbia
2019-07-25 Correspondence received from, (Letter Form), Jeff W. Beedell will now be agent for the appellant. Attorney General of British Columbia
2019-07-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-07-24 Provincial Court Judges' Association of British Columbia
2019-07-24 Response to motion to extend time, (Letter Form), Completed on: 2019-07-24 Attorney General of British Columbia
2019-07-24 Response to motion to extend time, (Letter Form), Completed on: 2019-07-24 Provincial Court Judges' Association of British Columbia
2019-07-23 Correspondence received, from D. Lynne Watt.
Appellant in file 38459, Attorney General of Nova Scotia, consents to the motion for extension of time by the Attorney General of Saskatchewan to serve and file its motion for leave to intervene in the appeal.
2019-07-23 Motion to extend time, (Book Form), to serve and file motion for leave to intervene.
MISSING: filing fee (received 2019-07-29), Completed on: 2019-07-31 		Attorney General for Saskatchewan
2019-07-22 Motion for leave to intervene, (Book Form), Joint with 38459
MISSING: motion for an extension of time (received 2019-07-23), Completed on: 2019-07-24 		Attorney General for Saskatchewan
2019-07-19 Motion for leave to intervene, (Letter Form), Joint with 38459, Completed on: 2019-07-19 Attorney General of Quebec
2019-07-19 Notice of name, (Letter Form), Joint with 38459 Canadian Taxpayers Federation
2019-07-19 Certificate (on limitations to public access), (Letter Form), Form 23A - Joint with 38459 Canadian Taxpayers Federation
2019-07-19 Motion for leave to intervene, (Book Form), Joint with 38459, Completed on: 2019-07-19 Canadian Taxpayers Federation
2019-07-19 Certificate (on limitations to public access), (Letter Form), Form 23A Attorney General of Ontario
2019-07-19 Notice of name, (Letter Form), Joint with 38459 Attorney General of Ontario
2019-07-19 Motion for leave to intervene, (Book Form), Completed on: 2019-07-19 Attorney General of Ontario
2019-07-19 Motion for leave to intervene, (Book Form), Joint with 38459, Completed on: 2019-07-19 Attorney General of Canada
2019-07-18 Response to the motion for leave to intervene, (Letter Form),
Response to motion for leave to intervene filed by Canadian Superior Courts Judges Association., Completed on: 2019-07-18 		Provincial Court Judges' Association of British Columbia
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38459
MISSING:
1) filing fee (rec'd 2019/07/22)
2) proof of service (received 2019-07-19), Completed on: 2019-07-22 		Attorney General of Alberta
2019-07-18 Notice of name, (Letter Form), Joint with 38459
 Canadian Association of Provincial Court Judges
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38459
MISSING: proof of service (received 2019-07-19), Completed on: 2019-07-23 		Canadian Association of Provincial Court Judges
2019-07-18 Notice of name, (Letter Form), Joint with 38459 Canadian Bar Association
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38459, Completed on: 2019-07-18 Canadian Bar Association
2019-07-17 Notice of name, (Letter Form), Joint with 38459 Canadian Superior Courts Judges Association
2019-07-17 Motion for leave to intervene, (Book Form), Joint with 38459.
MISSING: filing fee-rec'd 2019/07/22, Completed on: 2019-07-22 		Canadian Superior Courts Judges Association
2019-06-21 Certificate of counsel (attesting to record), (Letter Form) Attorney General of British Columbia
2019-06-21 Appellant's book of authorities, (Book Form), Completed on: 2019-06-21 Attorney General of British Columbia
2019-06-21 Appellant's record, (Book Form), Completed on: 2019-06-21 Attorney General of British Columbia
2019-06-21 Appellant's factum, (Book Form), Completed on: 2019-06-21 Attorney General of British Columbia
2019-06-04 Correspondence (sent by the Court) to, the parties. The hearing of this appeal is tentatively rescheduled for December 9, 2019.
2019-05-08 Correspondence received from, (Letter Form), Andrew D. Gay, Q.C.. RE: Tentative hearing date. Attorney General of British Columbia
2019-05-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-04-26 Notice of appeal, (Letter Form), Completed on: 2019-04-26 Attorney General of British Columbia
2019-03-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-03-29 Judgment on leave sent to the parties
2019-03-28 Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45521, 2018 BCCA 394, dated October 23, 2018, is granted with costs in the cause.

The appeal will be heard with Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia and Governor in Council v. Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges’ Association (38459).
Granted, with costs in the cause
2019-03-28 Decision on motion to expedite the application for leave to appeal, See judgment on leave application.
Dismissed
2019-02-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-02-18 Submission of motion to expedite the application for leave to appeal, for consideration by the Court
2019-02-11 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-11 Attorney General of British Columbia
2019-02-06 Notice of name, (Letter Form) Provincial Court Judges' Association of British Columbia
2019-01-30 Certificate (on limitations to public access), (Letter Form) Provincial Court Judges' Association of British Columbia
2019-01-30 Respondent's response on the application for leave to appeal, (Book Form), Notice of name missing-rec'd 2019/02/06, Completed on: 2019-02-06 Provincial Court Judges' Association of British Columbia
2019-01-09 Response to the motion to expedite the application for leave to appeal, (Letter Form), consents to the motion, Completed on: 2019-01-09 Provincial Court Judges' Association of British Columbia
2018-12-21 Certificate (on limitations to public access), Form 23A Attorney General of British Columbia
2018-12-21 Application for leave to appeal, (Book Form), Completed on: 2018-12-21 Attorney General of British Columbia
2018-12-21 Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2018-12-21 Attorney General of British Columbia
2018-11-08 Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2018-11-08
2018-11-05 Certificate (on limitations to public access), (Letter Form) Attorney General of British Columbia
2018-11-05 Notice of application for leave to appeal, Completed on: 2018-11-05 Attorney General of British Columbia

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 British Columbia Appellant Active

v.

Main parties - Respondents
Name Role Status
Provincial Court Judges' Association of British Columbia Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Ontario Intervener Active
Attorney General of Quebec Intervener Active
Attorney General for Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Canadian Superior Courts Judges Association Intervener Active
Canadian Bar Association Intervener Active
Canadian Association of Provincial Court Judges Intervener Active
Canadian Taxpayers Federation Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: Attorney General of British Columbia

Counsel
Stein K. Gudmundseth, Q.C.
Andrew D. Gay, Q.C.
Clayton J. Gallant
Gudmundseth Mickelson LLP
2525 - 1075 West Georgia Street
Vancouver, British Columbia
V6E 4H3
Telephone: (604) 685-6272
FAX: (604) 685-8434
Email: skg@lawgm.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Provincial Court Judges' Association of British Columbia

Counsel
Joseph J. Arvay Q.C.
Alison Latimer
Arvay Finlay LLP
1512-808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 283-9018
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Canadian Superior Courts Judges Association

Counsel
Pierre Bienvenu
Azim Hussain
Andres C. Garin
Jean-Simon Schoenholz
Norton Rose Fulbright Canada LLP
1, Place Ville Marie
Bureau 2500
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: pierre.bienvenu@nortonrosefulbright.com
Agent
Matthew Halpin
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com

Party: Canadian Bar Association

Counsel
Guy J. Pratte
Nadia Effendi
Ewa Krajewska
Neil Abraham
Borden Ladner Gervais LLP
Bay Adelaide Centre, East Tower
3400 - 22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6000
FAX: (416) 367-6749
Email: gpratte@blgcanada.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Association of Provincial Court Judges

Counsel
Steven M. Barrett
Colleen Bauman
Goldblatt Partners LLP
20 Dundas Street West
Suite 1039
Toronto, Ontario
M5G 2C2
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: sbarrett@goldblattpartners.com

Party: Attorney General of Alberta

Counsel
Doreen Mueller
Attorney General of Alberta
9th Floor Peace Hills Trust Tower
10011-109 Street
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-1295
FAX: (780) 427-1230
Email: doreen.mueller@gov.ab.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Attorney General of Canada

Counsel
Michael H. Morris
Dayna S. Anderson
Attorney General of Canada
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-7539
FAX: (416) 952-4518
Email: michael.morris@justice.gc.ca
Agent
Christopher Rupar
Department of Justice
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Ontario

Counsel
Sarah Kraicer
Andrea Bolieiro
Attorney General of Ontario
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 894-5276
FAX: (416) 326-4015
Email: sarah.kraicer@ontario.ca
Agent
Maxine Vincelette
Juristes Power
130 rue Albert
bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca

Party: Canadian Taxpayers Federation

Counsel
Adam Goldenberg
Amanda D. Iarusso
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Agent
Darius Bossé
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5566
FAX: (613) 702-5566
Email: DBosse@juristespower.ca

Party: Attorney General of Quebec

Counsel
Stéphane Rochette
Robert Desroches
Brigitte Bussières
Procureur général du Québec
1200, Route de l'Église
3e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-6552 Ext: 20734
FAX: (418) 643-9749
Email: stephane.rochette@justice.gouv.qc.ca
Agent
Sylvie Labbé
Noël et Associés, s.e.n.c.r.l.
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2174
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com

Party: Attorney General for Saskatchewan

Counsel
Thomson Irvine, Q.C.
Kyle McCreary
Attorney General for Saskatchewan
Legal Services Division
900 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: tom.irvine@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: Canadian Civil Liberties Association

Counsel
Andrew K. Lokan
Paliare, Roland, Rosenberg, Rothstein, LLP
155 Wellington Street West
35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4324
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
Agent
David R. Elliot
Dentons Canada LLP
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com

Summary

Keywords

Constitutional law – Division of powers – Judicial independence – Judicial compensation – Public interest immunity – Cabinet confidentiality – Administrative law – Judicial review – Whether the Cabinet Submission is relevant to the Bodner test – How reviewing courts should consider public interest immunity should confidential Cabinet records be produced as a matter of routine

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.

A Judicial Compensation Commission (JCC) is formed every three years in British Columbia according to the Judicial Compensation Act, SBC 2003, c. 59, (the Act). The JCC makes recommendations to the Chief Judge of the provincial court and the Attorney General of British Columbia about pay and benefits for provincial court judges. The Act requires the Attorney General to provide the JCC’s final report to the legislative assembly. The JCC’s recommendations are not binding. The legislature can accept or reject one or more of the recommendations and set the pay and benefits for judges. However, the legislature must provide reasons for rejecting any of the JCC’s recommendations. Prior to tabling the JCC report in the legislature in October 2017, Cabinet received a confidential submission from the Attorney General concerning the JCC’s 2016 recommendations. After Cabinet considered the submission, the Attorney General tabled the JCC report and moved that the legislature resolve to accept eight and reject two of the JCC’s recommendations. Accompanying reasons were also tabled setting out the government’s proposed response. The Provincial Court Judges’ Association filed for judicial review of the two JCC recommendations rejected by the legislature. A Master of the Supreme Court of British Columbia ordered the confidential Cabinet submission disclosed. Subsequent appeals to the Supreme Court of British Columbia and the Court of Appeal for British Columbia were dismissed.

Lower court rulings

July 16, 2018
Supreme Court of British Columbia

2018 BCSC 1193, S1711757

Order for production of cabinet document.
August 16, 2018
Supreme Court of British Columbia

2018 BCSC 1390, S1711757

Appeal dismissed.
October 23, 2018
Court of Appeal for British Columbia (Vancouver)

2018 BCCA 394, CA45521

Appeal 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.

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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