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Case information

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38459

Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia, et al. v. Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association

(Nova Scotia) (Civil) (By Leave)

(Publication ban in case) (Sealing order) (Certain information not available to the public)

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)
2020-12-03 Appeal closed
2020-12-03 Certificate of taxation issued to, Susan Dawes
2020-12-03 Decision on the bill of costs, in the amount of $8,322.20, DeRg
2020-12-03 Submission of the bill of costs, DeRg
2020-09-17 Bill of costs, (Book Form), Completed on: 2020-09-17, (Printed version due on 2020-09-24) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2020-08-12 Appellant's record, (Book Form), REDACTED - Amended version of VOLUME 3, pursuant to a direction from the Court outlined in their Reasons for Judgment. (2020 SCC 21) , Completed on: 2020-08-12 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
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 Nova Scotia Court of Appeal, Number CA 475635, 2018 NSCA 83, dated October 30, 2018, heard on December 9, 2019, is allowed in part, with costs to the respondents. The Supreme Court of Nova Scotia’s declaration is modified such that the components of the Attorney General’s report titled “government-wide implications” and “communications plan” should be included in the record. Within 10 days of this judgment, the appellants shall file in this Court a new redacted version of volume 3 of the appellants’ record, amended accordingly.
Allowed in part, with costs
2019-12-27 Transcript received, Joint with 38381 - 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 General proceeding, (Letter Form), Case Sensitivity Questionnaire Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-12-09 General proceeding, (Letter Form), Case Sensitivity Questionnaire Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-12-09 Intervener's condensed book, (Book Form), Joint with 38381 - Submitted in Court (14 copies) Attorney General of Ontario
2019-12-09 Intervener's condensed book, (Book Form), Joint with 38381 - Submitted in Court (14 copies) Attorney General of Canada
2019-12-09 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-12-09 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-12-06 Correspondence received from, (Letter Form), Andrew D. Taillon will present oral arguments instead of Edward A. Gores, Q.C. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-12-05 Correspondence received from, (Letter Form), Joint with 38381. 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 38381 - 2 reserved seats requested. Canadian Superior Courts Judges Association
2019-11-27 Correspondence received from, (Letter Form), Joint with 38381.
2 reserved seats requested. 		Canadian Association of Provincial Court Judges
2019-11-22 Correspondence received from, (Letter Form), Joint with 38381.
1 reserved seat requested. 		Canadian Bar Association
2019-11-21 Notice of appearance, (Letter Form), Edward A. Gores, Q.C. and Andrew D. Taillon will appear before the court. Mr. Gores will present oral arguments. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-11-21 Notice of appearance, (Letter Form), Joint with 38381.
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 38381.
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 38381.
1 reserved seat requested.
 Attorney General of Ontario
2019-11-19 Notice of appearance, (Letter Form), Joint with 38381.
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 38381.
1 reserved seat requested. 		Canadian Taxpayers Federation
2019-11-18 Notice of appearance, (Letter Form), Joint with 38381.
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 38381.
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 38381.
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 38381.
3 reserved seats requested. 		Canadian Civil Liberties Association
2019-11-13 Notice of appearance, (Letter Form), Joint with 38381.
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 38381.
Brigitte Bussières and Robert Desroches will appear before the court. Ms. Bussières will present oral arguments.
 Attorney General of Quebec
2019-11-13 Correspondence received from, (Letter Form), Joint with 38381.
2 reserved seats requested. 		Canadian Civil Liberties Association
2019-11-13 Notice of appearance, (Letter Form), Joint with 38381.
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 38381.
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), Susan Dawes and Kristen Worbanski will appear before the court. Ms. Dawes will present oral arguments. Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-11-06 Reply factum on appeal, (Book Form), Completed on: 2019-11-06 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-11-06 Reply factum on appeal, (Book Form), Completed on: 2019-11-06 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Superior Courts Judges Association
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Superior Courts Judges Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Taxpayers Federation
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Taxpayers Federation
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Bar Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Association of Provincial Court Judges
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Association of Provincial Court Judges
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Civil Liberties Association
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Canadian Civil Liberties Association
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Alberta
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Alberta
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General for Saskatchewan
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General for Saskatchewan
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Quebec
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Quebec
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Ontario
2019-10-23 Intervener's book of authorities, (Book Form), (Joint with 38381), Completed on: 2019-10-23 Attorney General of Canada
2019-10-23 Intervener's factum, (Book Form), (Joint with 38381), 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,
Joint with 38381.
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
2019-08-19 Respondent's book of authorities, (Book Form), Completed on: 2019-08-19 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-19 Respondent's factum, (Book Form), Completed on: 2019-08-19 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
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 Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-08-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-15 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-08-12 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2019-08-12 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-12 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-08-08 Notice of name, (Letter Form), Joint with 38381 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 38381, Completed on: 2019-08-08 		Canadian Civil Liberties Association
2019-08-08 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-08-08 Canadian Civil Liberties Association
2019-07-31 Reply to the motion for leave to intervene, (Letter Form), Joint with 38381, 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 38381, Completed on: 2019-07-30 Canadian Taxpayers Federation
2019-07-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-07-26 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-07-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-07-24 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-07-22 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-22 Attorney General for Saskatchewan
2019-07-19 Motion for leave to intervene, (Letter Form), Joint with 38381, Completed on: 2019-07-19 Attorney General of Quebec
2019-07-19 Notice of name, (Letter Form), Joint with 38381 Canadian Taxpayers Federation
2019-07-19 Certificate (on limitations to public access), (Letter Form), Form 23A - Joint with 38381 Canadian Taxpayers Federation
2019-07-19 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-19 Canadian Taxpayers Federation
2019-07-19 Notice of name, (Letter Form), Joint with 38381 Attorney General of Ontario
2019-07-19 Certificate (on limitations to public access), (Letter Form), Form 23A 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 38381, Completed on: 2019-07-19 Attorney General of Canada
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38381
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 38381 Canadian Association of Provincial Court Judges
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38381
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 38381 Canadian Bar Association
2019-07-18 Motion for leave to intervene, (Book Form), Joint with 38381, Completed on: 2019-07-18 Canadian Bar Association
2019-07-17 Notice of name, (Letter Form), Joint with 38381 Canadian Superior Courts Judges Association
2019-07-17 Motion for leave to intervene, (Book Form), Joint with 38381.
MISSING: filing fee-rec'd 2019/07/22, Completed on: 2019-07-22 		Canadian Superior Courts Judges Association
2019-06-24 Certificate (on limitations to public access), (Letter Form) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Certificate (on limitations to public access), (Letter Form), Amended 23A Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Certificate of counsel (attesting to record), (Book Form) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Correspondence received from, (Letter Form), the appellants; explanation of the Sealed document filed. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Appellant's book of authorities, (Book Form), Completed on: 2019-06-24 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Appellant's record, (Book Form), (3 volumes), VOLUME 3 SEALED; 2 Redacted copies of Volume 3 filed 2019/06/24, Completed on: 2019-06-24 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-24 Appellant's factum, (Book Form), Completed on: 2019-06-24 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-06-04 Correspondence (sent by the Court) to, the parties. The hearing of this appeal is tentatively rescheduled for December 9, 2019.
2019-05-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-04-29 Notice of appeal, (Letter Form), Completed on: 2019-04-29 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
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 application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 475635, 2018 NSCA 83, dated October 30, 2018, is granted with costs in the cause.

The appeal will be heard with Attorney General of British Columbia v. Provincial Court Judges’ Association of British Columbia (38381).
Granted, with costs in the cause
2019-02-18 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-02-07 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-02-07 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-01-28 Notice of name, (Letter Form) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-01-28 Certificate (on limitations to public access), (Letter Form) Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-01-28 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-01-28 Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association
2019-01-04 Notice of name, (Letter Form) Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2019-01-03 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019/01/03
2018-12-28 Certificate (on limitations to public access), (Letter Form), Amended certificate required-rec'd 2019/02/20 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia
2018-12-28 Application for leave to appeal, (Book Form), Missing NSSC Order-rec'd 2019/01/08; Missing notice of name-paper copy rec'd 2018/01/07; Amended notice required-paper copy rec'd 2018/01/07, Completed on: 2019-01-08 Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia

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 Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia Appellant Active
Governor in Council Appellant Active

v.

Main parties - Respondents
Name Role Status
Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association 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 Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia

Counsel
Edward A. Gores, Q.C.
Andrew D. Taillon
Attorney General of Nova Scotia
1690 Hollis Street, 8th Floor
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: edward.gores@novascotia.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: Governor in Council

Counsel
Edward A. Gores, Q.C.
Andrew D. Taillon
Attorney General of Nova Scotia
1690 Hollis Street, 8th Floor
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-4024
FAX: (902) 424-1730
Email: edward.gores@novascotia.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: Judges of the Provincial Court and Family Court of Nova Scotia, as represented by the Nova Scotia Provincial Judges Association

Counsel
Susan Dawes
Kristen Worbanski
Myers LLP
724-240 Graham Avenue
Winnipeg, Manitoba
R3C 0J7
Telephone: (204) 926-1501
FAX: (204) 956-0625
Email: sdawes@myersfirm.com
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 J. 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
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.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) 503-2178
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 – Are confidential Cabinet records relevant in an application for judicial review? – If confidential Cabinet records are relevant to judicial review, how do such requests for disclosure impact public interest immunity and the parliamentary tradition of Cabinet confidentiality?

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.

(PUBLICATION BAN IN CASE) (SEALING ORDER) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)

The Provincial Judges’ Salary and Benefits Tribunal (the Tribunal) reports to the Minister of Justice on the appropriate level of pay for judges of the Provincial and Family Courts of Nova Scotia. The Provincial Court Act, RSNC c. 238 (the Act) requires the Minister of Justice to deliver the Tribunal report to the Governor in Council which occurred in December of 2016. Under the Act, the Governor in Council may confirm, vary or reject the Tribunal’s recommendations along with reasons. Statutory matters delegated to the Governor in Council are submitted to the Executive Council in a Report and Recommendation (R&R). Before the Governor in Council made a decision, Cabinet received a confidential submission set out in the R&R, signed by the Attorney General, concerning the Tribunal’s report. The Governor in Council varied one of the five recommendations of the Tribunal and provided reasons for the variation. In March of 2017, the Nova Scotia Provincial Court Judges’ Association (PCJA) applied for judicial review of the variation. A motion by the PCJA requested the Governor in Council produce the R&R and to include an affidavit by the Honourable James H. Burrill. The Supreme Court of Nova Scotia held that the Governor in Council should produce the R&R except passages covered by solicitor-client privilege. An appeal to the Nova Scotia Court of Appeal was dismissed and cross-appeal was allowed in part on the basis of the Burrill affidavit.

Lower court rulings

March 6, 2018
Supreme Court of Nova Scotia, Trial Division

2018 NSSC 13, 461108, 463248

Motion for disclosure of cabinet document and affidavit allowed in part.
October 30, 2018
Nova Scotia Court of Appeal

2018 NSCA 83, CA 475635

Appeal dismissed. Cross-appeal allowed in part.

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Date modified: 2025-02-27