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38781

Attorney General of Ontario v. Attorney General of Canada

(Ontario) (Civil) (As of Right)

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)
2021-05-10 Appeal closed
2021-03-26 Formal judgment sent to the registrar of the court of appeal and all parties
2021-03-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-03-25 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 Ontario, Number C65807, 2019 ONCA 544, dated June 28, 2019, heard on September 22 and 23, 2020, is dismissed and the reference question is answered in the negative. Côté J. dissents in part and Brown and Rowe JJ. dissent.
Dismissed
2021-03-23 General proceeding, (Letter Form), Joint with 38663
Lock-up form and undertaking by:
-Simon Archer, (Printed version due on 2021-03-30)
Canadian Labour Congress
2021-03-23 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Michael Conner, (Printed version due on 2021-03-30)
Attorney General of Manitoba
2021-03-23 General proceeding, (Letter Form), Joint with 38663
Lock-up forms and undertakings by:
-David Robitaille
-Marc Bishai, (Printed version due on 2021-03-30)
Centre québécois du droit de l'environnement et Équiterre
2021-03-23 General proceeding, (Letter Form), Lock-up forms and undertakings by:
-Patricia Lawrence
-Cynthia Westaway
-Geneviève Boulay, (Printed version due on 2021-03-30)
Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2021-03-23 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Stuart Wuttke, (Printed version due on 2021-03-30)
Assembly of First Nations
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Jean-Vincent Lacroix, (Printed version due on 2021-03-29)
Attorney General of Quebec
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-J. Gareth Morley, (Printed version due on 2021-03-29)
Attorney General of British Columbia
2021-03-22 General proceeding, (Letter Form), Joint with 38663
Lock-up forms and undertakings by:
-Joëlle Pastora Sala
-Byron Williams, (Printed version due on 2021-03-29)
Assembly of Manitoba Chiefs
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Jeremy de Beer
-Guy Régimbald, (Printed version due on 2021-03-29)
Smart Prosperity Institute
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-David Stack, Q.C., (Printed version due on 2021-03-29)
Saskatchewan Power Corporation and SaskEnergy Incorporated
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Peter A. Gall, Q.C.
-L. Christine Enns, Q.C.
-Benjamin J. Oliphant
-Steven A.A. Dollansky, (Printed version due on 2021-03-29)
Attorney General of Alberta
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Nathan Hume, (Printed version due on 2021-03-29)
Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-D. Lynne Watt, (Printed version due on 2021-03-29)
Attorney General of New Brunswick
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Justin Safayeni, (Printed version due on 2021-03-29)
Amnesty International Canada
2021-03-22 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Amir Attaran, (Electronic version due on 2021-03-29)
Smart Prosperity Institute
2021-03-19 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Joshua Ginsberg
-Randy Christensen, (Printed version due on 2021-03-26)
David Suzuki Foundation
2021-03-19 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Stewart Elgie, (Printed version due on 2021-03-26)
Canada's Ecofiscal Commission
2021-03-11 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Jacqueline D. Hughes, (Printed version due on 2021-03-18)
Attorney General of British Columbia
2021-03-10 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Joseph F. Castrilli, (Printed version due on 2021-03-17)
Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2021-03-05 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-David Wu, (Printed version due on 2021-03-12)
Oceans North Conservation Society
2021-03-04 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-P. Mitch McAdam, Q.C.
-Alan Jacobson
-Deron Kuski, Q.C.
-Jodi Wildeman, (Printed version due on 2021-03-11)
Attorney General of Saskatchewan
2021-03-03 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Taylor-Anne Yee
-Jonathan Stockdale, (Printed version due on 2021-03-10)
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2021-03-02 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Avnish Nanda
-Martin Olszynski, (Printed version due on 2021-03-09)
Progress Alberta Communications Limited
2021-03-02 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Sharlene Telles-Langdon
-Christine Mohr
-Mary Matthews
-Neil Goodridge
-Ned Djordjevic
-Guy Pratte, (Printed version due on 2021-03-09)
Attorney General of Canada
2021-03-01 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Larry Kowalchuk, (Printed version due on 2021-03-08)
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2021-03-01 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Lisa DeMarco
-Jonathan McGillivray, (Printed version due on 2021-03-08)
International Emissions Trading Association
2021-02-26 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Jennifer L. King
-Michael Finley
-Liane Langstaff, (Printed version due on 2021-03-05)
Canadian Public Health Association
2021-02-26 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-R. Bruce E. Hallsor, Q.C.
-Hana Felix
-Aaron Wudrick, (Printed version due on 2021-03-05)
Canadian Taxpayers Federation
2021-02-26 General proceeding, (Letter Form), Joint with 38663
Lock-up forms and undertakings by:
-Nathalie Chalifour
-Anne Levesque, (Printed version due on 2021-03-05)
National Association of Women and the Law and Friends of the Earth
2021-02-26 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Dusty T. Ernewein
, (Printed version due on 2021-03-05)
Thunderchild First Nation
2021-02-26 General proceeding, (Letter Form), Joint with 38663
Lock-up forms and undertakings by:
-Paul Hildebrand
-Andrew Carricato, (Printed version due on 2021-03-05)
City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2021-02-26 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up forms and undertakings by:
-Joshua Hunter
-Padraic Ryan, (Printed version due on 2021-03-05)
Attorney General of Ontario
2021-02-26 General proceeding, (Letter Form), Joint with 38663 and 39116
Lock-up form and undertaking by:
-Rachelle Standing
-Isabel Lavoie Daigle, (Printed version due on 2021-03-05)
Attorney General of New Brunswick
2021-02-26 Media lock-up letter, consent form and undertaking sample sent to all parties, by the Avting Registrar
2021-02-25 Correspondence received from, (Letter Form), Joint with 38663-39116
Stuart Wuttke, Comments on possible lock-up., (Printed version due on 2021-03-04)
Assembly of First Nations
2021-02-24 Correspondence received from, (Letter Form), Joint with 38663
Joëlle Pastora Sala, Comments on possible lock-up., (Printed version due on 2021-03-03)
Assembly of Manitoba Chiefs
2021-02-23 Correspondence received from, (Letter Form), Joint with 38663-39116
D. Lynne Watt, Comments on possible lock-up., (Printed version due on 2021-03-02)
Saskatchewan Power Corporation and SaskEnergy Incorporated
2021-02-23 Correspondence received from, (Letter Form), Patricia Lawrence, Further comments on possible lock-up., (Printed version due on 2021-03-02) Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Larry Kowalchuk, Comments on possible lock-up., (Printed version due on 2021-03-01)
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2021-02-22 Correspondence received from, (Letter Form), Joint with 38781
Nathalie Chalifour, Further comments on possible lock-up., (Printed version due on 2021-03-01)
National Association of Women and the Law and Friends of the Earth
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663
Paul Hildebrand, Comments on possible lock-up., (Printed version due on 2021-03-01)
City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Sharlene Telles-Langdon, Comments on possible lock-up., (Printed version due on 2021-03-01)
Attorney General of Canada
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663
David Robitaille, Comments on possible lock-up., (Printed version due on 2021-03-01)
Centre québécois du droit de l'environnement et Équiterre
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Stewart Elgie, Comments on possible lock-up., (Printed version due on 2021-03-01)
Canada's Ecofiscal Commission
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Jennifer L. King, Comments on possible lock-up., (Printed version due on 2021-03-01)
Canadian Public Health Association
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Bruce Hallsor, Q.C., Further comments on possible lock-up., (Printed version due on 2021-03-01)
Canadian Taxpayers Federation
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
P. Mitch McAdam, QC, Comments on possible lock-up., (Printed version due on 2021-03-01)
Attorney General of Saskatchewan
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663
Colleen Bauman, Comments on possible lock-up., (Printed version due on 2021-03-01)
Canadian Labour Congress
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Jean-Vincent Lacroix, Comments on possible lock-up., (Printed version due on 2021-03-01)
Attorney General of Quebec
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-39116
Avnish Nanda, Comments on possible lock-up., (Printed version due on 2021-03-01)
Progress Alberta Communications Limited
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Joshua Hunter, Comments on possible lock-up., (Printed version due on 2021-02-26)
Attorney General of Ontario
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Peter A. Gall, Q.C., Comments on possible lock-up., (Printed version due on 2021-02-26)
Attorney General of Alberta
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Nathan Hume, Comments on possible lock-up., (Printed version due on 2021-02-26)
Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Bruce Hallsor, Q.C., Comments on possible lock-up., (Printed version due on 2021-02-26)
Canadian Taxpayers Federation
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Lisa DeMarco, Comments on possible lock-up., (Printed version due on 2021-02-26)
International Emissions Trading Association
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Joseph F. Castrilli, Comments on possible lock-up., (Printed version due on 2021-02-26)
Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
David Taylor, Comments on possible lock-up., (Printed version due on 2021-02-26)
Amnesty International Canada
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Michael Conner, Comments on possible lock-up., (Printed version due on 2021-02-26)
Attorney General of Manitoba
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
J. Gareth Morley, Comments on possible lock-up., (Printed version due on 2021-02-26)
Attorney General of British Columbia
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Josh Ginsberg, Comments on possible lock-up.
, (Printed version due on 2021-02-26)
David Suzuki Foundation
2021-02-19 Correspondence received from, (Letter Form), Geneviève Boulay, Comments on possible lock-up., (Printed version due on 2021-02-26) Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663
Nathalie Chalifour, Comments on possible lock-up., (Printed version due on 2021-02-26)
National Association of Women and the Law and Friends of the Earth
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
Rachelle Standing, Comments on possible lock-up., (Printed version due on 2021-02-26)
Attorney General of New Brunswick
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-39116
David Wu, Comments on possible lock-up., (Printed version due on 2021-02-26)
Oceans North Conservation Society
2021-02-19 Correspondence (sent by the Court) to, the parties seeking their comments on a possible lock-up.
2020-10-28 Media lock-up requested or proposed
2020-10-14 Transcript received, Joint with 38663 and 39116.
Day 1 - 222 pages
Day 2 - 170 pages
2020-10-08 Supplemental document, (Book Form), Joint with 38663 and 39116; Oral submissions of the Intervener, Completed on: 2020-10-08 International Emissions Trading Association
2020-09-23 Judgment reserved OR rendered with reasons to follow
2020-09-22 Hearing of the appeal, 2020-09-22, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-09-22 Intervener's condensed book, (Book Form), Joint with 38663. City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. International Emissions Trading Association
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Canada's Ecofiscal Commission
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663. Assembly of Manitoba Chiefs
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2020-09-21 Intervener's condensed book, (Book Form) Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. David Suzuki Foundation
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663. Centre québécois du droit de l'environnement et Équiterre
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Attorney General of Alberta
2020-09-21 Respondent's condensed book, (Book Form), Joint with 38663 and 39116. Attorney General of Canada
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Canadian Public Health Association
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Smart Prosperity Institute
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Attorney General of British Columbia
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Attorney General of Saskatchewan
2020-09-21 Appellant's condensed book, (Book Form), Joint with 38663 and 39116. Attorney General of Ontario
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Attorney General of Manitoba
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663. National Association of Women and the Law and Friends of the Earth
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 39116. Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2020-09-18 Intervener's condensed book, (Book Form), Joint with 38663 and 39116.
Missing: Proof of Service
Attorney General of Quebec
2020-09-04 Correspondence (sent by the Court) to, the parties. Joint with 38663 and 39116.
Letter from the Deputy Registrar. Direction for appearance at hearing of the appeals.
2020-09-02 Notice of hearing sent to parties
2020-08-25 Appeal hearing scheduled, 2020-09-23, Day 2 - For Webcasting Purposes
2020-08-25 Appeal hearing scheduled, 2020-09-22,
New tentative hearing dates set for September 22 and 23, 2020 (previous hearing dates were March 24 and 25, 2020, but hearing was adjourned in March 2020 due to Covid-19). To be heard together with Attorney General for Saskatchewan v. Attorney General of Canada (38663) and Attorney General of British Columbia v. Attorney General of Alberta (39116).
Judgment reserved
2020-08-17 Correspondence (sent by the Court) to, all parties; Joint with 38663 and 39116; information regarding the appeal hearing in this matter.
2020-08-10 Correspondence received from, (Letter Form), Joint with 38663 - David Taylor is now agent for the intervener.
National Association of Women and the Law and Friends of the Earth
2020-08-04 Correspondence (sent by the Court) to, the parties. Joint with 38663 and 39116.
Letter from Deputy Registrar in response to correspondences received with regards to request for direction as to the schedule for the hearing of these appeals and request additional time for oral argument.
2020-08-04 Notice of appearance, (Letter Form), Joint with 38663 and 39116.

Appellant (38663), Attorney General of Saskatchewan – P. Mitch McAdam, Q.C. and Deron Kuski, Q.C. will appear before the court. Mr. McAdam and Mr. Kuski will both present oral arguments.

Appellant (38781), Attorney General of Ontario – Josh Hunter and Padraic Ryan will appear before the court. Mr. Hunter and Mr. Ryan will both present oral arguments.

Appellant (39116), Attorney General of British Columbia – J. Gareth Morley and Jacqueline D. Hughes will appear before the court. Mr. Morley will present oral arguments.

Respondent (38663. 38781, 39116), Attorney General of Canada – Sharlene Telles-Langdon and Guy Pratte will appear before the court. Ms. Telles-Langdon and Mr. Pratte will both present oral arguments.

Respondent (39116), Attorney General of Alberta – Peter A. Gall, Q.C. and L. Christine Enns, Q.C., will appear before the court. Mr. Gall will present oral arguments.

Intervener (38663, 38781, 39116), Procureure générale du Québec – Jean-Vincent Lacroix will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Attorney General of New Brunswick – Rachelle Standing will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Attorney General of Manitoba – Michael Conner will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Thunderchild First Nation – Dusty T. Ernewein will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Saskatchewan Power Corporation, et al. – David M.A. Stack, Q.C. will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Canadian Taxpayers Federation – Bruce Hallsor, Q.C. will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Athabasca Chipewyan First Nation – Amir Attaran will appear before the court, and will present oral arguments.

Intervener (38663, 38781), Assembly of Manitoba Chiefs – Joëlle Pastora Sala will appear before the court, and will present oral arguments.

Intervener (38781), Anishinabek Nation, et al. – Patricia Lawrence will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Assembly of First Nations – Stuart Wuttke will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Progress Alberta Communications Limited – Martin Olszynski will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Oceans North Conservation Society – David Wu will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Canada's Ecofiscal Commission – Stewart Elgie will appear before the court, and will present oral arguments.

Intervener (38663, 38781), Centre québécois du droit de l'environnement et Équiterre – David Robitaille will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Canadian Public Health Association – Jennifer L. King appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Generation Squeeze, et al. – Nathan Hume will appear before the court, and will present oral arguments.

Intervener (38663, 38781), Canadian Labour Congress – Simon Archer will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), David Suzuki Foundation – Joshua Ginsberg will appear before the court, and will present oral arguments.

Intervener (38663, 38781), National Association of Women and the Law, et al. – Nathalie Chalifour will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Climate Justice Saskatoon, et al. – Larry Kowalchuk will appear before the court, and will present oral arguments.

Intervener (38663, 38781), City of Richmond, et al. – Paul A. Hildebrand will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Smart Prosperity Institute – Jeremy de Beer will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Amnesty International Canada – Justin Safayeni will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), Canadian Environmental Law Association, et al. – Joseph F. Castrilli will appear before the court, and will present oral arguments.

Intervener (38663, 38781, 39116), International Emissions Trading Association – Elisabeth DeMarco will appear before the court, and will present oral arguments.
Attorney General of Ontario
2020-07-28 Order on motion for leave to intervene, by WAGNER C.J.
2020-07-28 Order on motion to extend time, by WAGNER C.J.
2020-07-28 Decision on the motion for leave to intervene, CJ,
UPON APPLICATION by Thunderchild First Nation for leave to intervene in the above appeals;

AND UPON APPLICATION by Thunderchild First Nation for an order extending the time to serve and file its motion for leave to intervene in the appeals Attorney General of Saskatchewan v. Attorney General of Canada (38663) and Attorney General of Ontario v. Attorney General of Canada (38781);

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions are granted.

The said intervener shall be entitled to serve and file a single factum not to exceed five (5) pages in length, and a book of authorities, if any, on or before August 12, 2020.

The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The intervener is 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 intervener shall pay to the appellants and the respondents any additional disbursements resulting from its intervention.

Granted
2020-07-28 Decision on motion to extend time,
See order on motion for leave to intervene., CJ
Granted
2020-07-28 Submission of motion for leave to intervene, CJ
2020-07-28 Submission of motion to extend time, CJ
2020-07-07 Reply to motion to extend time, (Letter Form), (Included in the reply to the motion for leave to intervene), Joint with 38663
Reply to the response of Attorney General of Canada., Completed on: 2020-07-07, (Printed version due on 2020-07-14)
Thunderchild First Nation
2020-07-07 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663 and 39116
Reply to the response of Attorney General of Canada., Completed on: 2020-07-07, (Printed version due on 2020-07-14)
Thunderchild First Nation
2020-06-29 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Joint with 38663, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Ontario
2020-06-29 Response to the motion for leave to intervene, (Letter Form), Joint with 38663 and 39116, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Ontario
2020-06-29 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Joint with 38663, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Alberta
2020-06-29 Response to the motion for leave to intervene, (Letter Form), Joint with 38663 and 39116, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Alberta
2020-06-29 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Joint with 38663, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Saskatchewan
2020-06-29 Response to the motion for leave to intervene, (Letter Form), Joint with 38663 and 39116, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Saskatchewan
2020-06-29 Response to motion to extend time, (Included in the response to the motion for leave to intervene), Joint with 38663, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Canada
2020-06-29 Response to the motion for leave to intervene, (Letter Form), Joint with 38663 and 39116, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of Canada
2020-06-29 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Joint with 38663, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of British Columbia
2020-06-29 Response to the motion for leave to intervene, (Letter Form), Joint with 38663 and 39116, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of British Columbia
2020-06-18 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Joint with 38663 and 39116
To serve and file a motion for leave to intervene in 38663 and 38781, Completed on: 2020-06-18, (Printed version due on 2020-06-25)
Thunderchild First Nation
2020-06-17 Notice of name, (Letter Form), Joint with 38663 and 39116, (Printed version due on 2020-06-24) Thunderchild First Nation
2020-06-17 Motion for leave to intervene, (Book Form), Joint with 38663 and 39116
MISSING:
1) Amended notice of motion (to include motion for an extension of time for 38663 and 38781) - received and served on 2020-06-18
2) Filing fee
, Incomplete, (Printed version due on 2020-06-24)
Thunderchild First Nation
2020-05-07 Correspondence (sent by the Court) to, the parties.
New tentative hearing dates set for September 22 and 23, 2020 (previous hearing dates were March 24 and 25, 2020, but hearing was adjourned in March 2020 due to Covid-19). To be heard together with Attorney General for Saskatchewan v. Attorney General of Canada (38663) and Attorney General of British Columbia v. Attorney General of Alberta (39116).
2020-04-24 Order on motion to directions, by WAGNER C.J.
2020-04-24 Decision on motion for directions, CJ,
UPON APPLICATION by the Attorney General of British Columbia for an order for directions;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The supplementary record filed by the Attorney General of Alberta in the appeals Attorney General for Saskatchewan v. Attorney General of Canada (38663) and Attorney General of Ontario v. Attorney General of Canada (38781) shall stand as the complete record in the appeal Attorney General of British Columbia v. Attorney General of Alberta (39116).

The appeal Attorney General of British Columbia v. Attorney General of Alberta (39116) will be heard with Attorney General for Saskatchewan v. Attorney General of Canada (38663) and Attorney General of Ontario v. Attorney General of Canada (38781) at a sitting of the Court to be convened in September 2020. The schedule for serving and filing materials will be set by the Registrar. The factums in this appeal should supplement the submissions in the factums already filed in the appeals Attorney General for Saskatchewan v. Attorney General of Canada (38663) and Attorney General of Ontario v. Attorney General of Canada (38781). The length of the factums will be set by the Registrar after consultation with the parties.

Granted
2020-04-24 Submission of motion for directions, CJ
2020-04-01 Response to motion for directions, (Letter Form), Incomplete, (Printed version due on 2020-04-08) Attorney General of Canada
2020-03-27 Motion for directions, (Book Form), Joint with 39116 and 38663
MISSING: filing fee, Incomplete, (Printed version due on 2020-04-03)
Attorney General of British Columbia
2020-03-16 Correspondence received from, (Letter Form), Joint with 38663.
RE: Upcoming hearing - videoconference / adjournment
Athabasca Chipewyan First Nation
2020-03-16 Correspondence received from, (Letter Form), Joint with 38663.
RE: Upcoming hearing - videoconference / adjournment
Attorney General of Saskatchewan
2020-03-16 Correspondence received from, (Letter Form), Joint with 38663.
RE: Upcoming hearing - videoconference / adjournment
Attorney General of Canada
2020-03-10 Notice of appearance, (Letter Form), Joint with 38663 - Joëlle Pastora Sala will appear before the court, and will present oral arguments. Assembly of Manitoba Chiefs
2020-03-10 Notice of appearance, (Letter Form), Joint with 38663 - David M.A. Stack, Q.C. will appear before the court, and will present oral arguments. Saskatchewan Power Corporation and SaskEnergy Incorporated
2020-03-10 Notice of appearance, (Letter Form), Joint with 38663 - Stewart Elgie will appear before the court, and will present oral arguments.
Canada's Ecofiscal Commission
2020-03-06 Notice of appearance, (Letter Form), Joint with 38663 - Peter A. Gall, Q.C. will appear before the court, and will present oral arguments. Attorney General of Alberta
2020-03-06 Supplemental document, (Book Form), (26 volumes), Supplementary Record (electronic filing only)
Joint with 38663, Completed on: 2020-03-06
Attorney General of Alberta
2020-03-05 Notice of appearance, (Letter Form), Joint with 38663 - Paul A. Hildebrand will appear before the court, and will present oral arguments. City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2020-03-04 Notice of appearance, (Letter Form), Joint with 38663 - Martin Olszynski will appear before the court, and will present oral arguments.
Progress Alberta Communications Limited
2020-03-04 Notice of appearance, (Letter Form), Joint with 38663 - Michael Conner will appear before the court, and will present oral arguments.
Attorney General of Manitoba
2020-03-04 Notice of appearance, (Letter Form), Joint with 38663 - Rachelle Standing will appear before the court, and will present oral arguments.
Attorney General of New Brunswick
2020-03-03 Order on motion to extend time, by the Chief Justice
2020-03-03 Decision on motion to extend time, CJ, UPON REQUEST by the intervener, Progress Alberta Communications Limited, for an order extending the time to file and serve their factum and book of authorities to January 28, 2020, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada;

AND THE MATERIAL FILED having been read;

AND NOTING THAT the appellants and respondents consent to the motion;

IT IS HEREBY ORDERED THAT:

The motion is granted.
Granted
2020-03-03 Submission of motion to extend time, by PACL to serve and file their factum and authorities, CJ
2020-02-28 Notice of appearance, (Letter Form), Joint with 38663 - Josh Hunter, Padraic Ryan and Otto Ranalli will appear before the court. Mr. Hunter and Mr. Ryan will present oral arguments.

Attorney General of Ontario
2020-02-28 Notice of appearance, (Letter Form), Joint with 38663 - Robin Gage will appear before the court, and will present oral arguments.
Oceans North Conservation Society
2020-02-27 Correspondence received from, (Letter Form), R. Bruce E. Hallsor, Q.C.
With regards to the allotted time for oral argument.
Canadian Taxpayers Federation
2020-02-26 Notice of appearance, (Letter Form), Joint with 38663 - P. Mitch McAdam, Q.C., Deron Kuski, Q.C. and Alan Jacobson will appear before the court. Mr. McAdam and Mr. Kuski will present oral arguments.

Attorney General of Saskatchewan
2020-02-26 Correspondence received from, (Letter Form), Larry Kowalchuk.
With regards to the allotted time for oral argument.
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2020-02-26 Response to motion to extend time, (Letter Form), of PACL, Completed on: 2020-02-26 Attorney General of Canada
2020-02-25 Notice of appearance, (Letter Form), Joint with 38663 - Mariam Moktar will appear before the court, and will present oral arguments. Canadian Labour Congress
2020-02-25 Notice of appearance, (Letter Form), Joint with 38663 - Joseph F. Castrilli will appear before the court, and will present oral arguments. Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2020-02-25 Notice of appearance, (Letter Form), Joint with 38663 - Jennifer L. King will appear before the court, and will present oral arguments.
Canadian Public Health Association
2020-02-24 Correspondence received from, (Letter Form), D. Lynne Watt.
RE: Correspondences from the interveners, Athabasca Chipewyan First Nation and Canada’s Ecofiscal Commission, dated February 21, 2020.
Attorney General of Saskatchewan
2020-02-24 Correspondence received from, (Letter Form), Alberta CA decision Attorney General of Ontario
2020-02-21 Notice of change of counsel, (Letter Form), Joint with 38663 City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2020-02-21 Notice of appearance, (Letter Form), Joint with 38663 - Amir Attaran will appear before the court, and will present oral arguments.

Athabasca Chipewyan First Nation
2020-02-21 Notice of appearance, (Letter Form), Joint with 38663 - Jeremy de Beer will appear before the court, and will present oral arguments.
Smart Prosperity Institute
2020-02-21 Correspondence received from, (Letter Form), Stewart Elgie.
With regards to the allotted time for oral argument.
Canada's Ecofiscal Commission
2020-02-21 Correspondence received from, (Letter Form), Amir Attaran.
With regards to allotted time for oral argument
Athabasca Chipewyan First Nation
2020-02-20 Notice of appearance, (Letter Form), Joint with 38663 - Larry Kowalchuk will appear before the court, and will present oral arguments.
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2020-02-20 Notice of appearance, (Letter Form), Joint with 38663 - Sharlene Telles-Langdon, Christine Mohr and Mary Matthews will appear before the court. Ms. Telles-Langdon and Ms. Mohr will present oral arguments.
Attorney General of Canada
2020-02-20 Notice of appearance, (Letter Form), Joint with 38663 - Joshua Ginsberg will appear before the court, and will present oral arguments.
David Suzuki Foundation
2020-02-20 Notice of appearance, (Letter Form), Joint with 38663 - Nathalie Chalifour will appear before the court, and will present oral arguments. National Association of Women and the Law and Friends of the Earth
2020-02-20 Notice of appearance, (Letter Form), Joint with 38663 - Lisa (Elisabeth) DeMarco will appear before the court, and will present oral arguments.
International Emissions Trading Association
2020-02-20 Notice of appearance, (Letter Form), Joint with 38663 - Nathan Hume will appear before the court, and will present oral arguments.
Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2020-02-19 Notice of appearance, (Letter Form), Patricia Lawrence will appear before the court, and will present oral arguments.
Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2020-02-19 Notice of appearance, (Letter Form), Joint with 38663 - Jean-Vincent Lacroix will appear before the court, and will present oral arguments.
Attorney General of Quebec
2020-02-19 Notice of appearance, (Letter Form), Joint with 38663 - Justin Safayeni will appear before the court, and will present oral arguments. Amnesty International Canada
2020-02-19 Notice of appearance, (Letter Form), Joint with 38663 - Stuart Wuttke will appear before the court, and will present oral arguments.
Assembly of First Nations
2020-02-19 Order on miscellaneous motion, by WAGNER C.J.
2020-02-19 Decision on miscellaneous motion, CJ,
UPON REQUEST by the intervener, Attorney General of Alberta, for an order granting the electronic filing of a supplementary record;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.

Granted
2020-02-19 Submission of miscellaneous motion, CJ
2020-02-14 Notice of appearance, (Letter Form), Joint with 38663 - David Robitaille will appear before the court, and will present oral arguments.
Centre québécois du droit de l'environnement et Équiterre
2020-02-14 Correspondence received from, (Letter Form), Sharlene Telles-Langdon.
RE: Correspondence from Attorney General of Ontario dated February 14, 2020.
Attorney General of Canada
2020-02-14 Correspondence received from, (Letter Form), Josh Hunter.
RE: Correspondence from Attorney General of Canada dated February 13, 2020.
Attorney General of Ontario
2020-02-14 Correspondence received from, (Letter Form), P. Mitch McAdam, Q.C.
RE: Correspondence from Attorney General of Canada dated February 13, 2020
Attorney General of Saskatchewan
2020-02-13 Correspondence received from, (Letter Form), Sharlene Telles-Langdon. Request for direction with regards to the schedule of the hearings. Attorney General of Canada
2020-02-10 Correspondence received from, (Letter Form), Permission to replace factum's pages. Attorney General of Canada
2020-02-10 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Canada
2020-02-10 Reply factum on appeal, (Book Form), Joint with 38663, Completed on: 2020-02-10 Attorney General of Canada
2020-02-07 Reply factum on appeal, (Book Form), Completed on: 2020-02-07 Attorney General of Ontario
2020-02-06 Notice of appearance, (Letter Form), Joint with 38663 - Bruce Hallsor, Q.C. will appear before the court, and will present oral arguments. Canadian Taxpayers Federation
2020-02-03 Motion to extend time, (Book Form), to serve and file the factum and book of authorities (joint with 38663) AMENDED filed on Feb.26/20, Completed on: 2020-02-03 Progress Alberta Communications Limited
2020-01-31 Response to motion to extend time, (Letter Form), by PACL, Completed on: 2020-01-31 Attorney General of Ontario
2020-01-31 Response to motion to extend time, (Letter Form), by PACL, Completed on: 2020-01-31 Attorney General of Saskatchewan
2020-01-31 Correspondence received from, (Letter Form), counsel for the interveners. RE: Motion to file a supplementary record. Joint with 38663 City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2020-01-28 Intervener's book of authorities, (Book Form), Joint with 38663.
Missing: Motion for Extension of Time (rec'd Feb.3/20), Completed on: 2020-02-27
Progress Alberta Communications Limited
2020-01-28 Intervener's factum, (Book Form), Joint with 38663.
Missing: Motion for Extension of Time (rec'd Feb.3/20), Completed on: 2020-02-27
Progress Alberta Communications Limited
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Canadian Public Health Association
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Canada's Ecofiscal Commission
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Canada's Ecofiscal Commission
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Canadian Labour Congress
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Canadian Labour Congress
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Attorney General of Manitoba
2020-01-27 Intervener's factum - AG on constitutional question, (Book Form), Joint with 38663., Completed on: 2020-01-27 Attorney General of Manitoba
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Attorney General of New Brunswick
2020-01-27 Intervener's factum - AG on constitutional question, (Book Form), Joint with 38663., Completed on: 2020-01-27 Attorney General of New Brunswick
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663.
Missing: Amended Covers
Proof of Service (rec' 01/28/20), Incomplete
Attorney General of Alberta
2020-01-27 Intervener's factum - AG on constitutional question, (Book Form), Joint with 38663.
Missing: Proof of Service (rec' 01/28/20), Completed on: 2020-01-29
Attorney General of Alberta
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663.
Missing: Proof of Service (rec' 01/29/20), Completed on: 2020-01-30
Attorney General of British Columbia
2020-01-27 Intervener's factum - AG on constitutional question, (Book Form), Joint with 38663.
Missing: Proof of Service (rec' 01/29/20), Completed on: 2020-01-30
Attorney General of British Columbia
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Assembly of First Nations
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 National Association of Women and the Law and Friends of the Earth
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 National Association of Women and the Law and Friends of the Earth
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Canadian Taxpayers Federation
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Centre québécois du droit de l'environnement et Équiterre
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Smart Prosperity Institute
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Smart Prosperity Institute
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Assembly of Manitoba Chiefs
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Assembly of Manitoba Chiefs
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Amnesty International Canada
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 Saskatchewan Power Corporation and SaskEnergy Incorporated
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Saskatchewan Power Corporation and SaskEnergy Incorporated
2020-01-27 Intervener's factum, (Book Form), Completed on: 2020-01-27 Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 International Emissions Trading Association
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 Athabasca Chipewyan First Nation
2020-01-27 Intervener's book of authorities, (Book Form), Joint with 38663., Completed on: 2020-01-27 David Suzuki Foundation
2020-01-27 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-27 David Suzuki Foundation
2020-01-24 Notice of miscellaneous motion, (Book Form), to file a supplementary record. Joint with 38663., Completed on: 2020-01-24 Attorney General of Alberta
2020-01-24 Intervener's factum, (Book Form), Joint wiht 38663., Completed on: 2020-01-24 Oceans North Conservation Society
2020-01-24 Intervener's factum, (Book Form), Joint with 38663, Completed on: 2020-01-24 Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2020-01-23 Intervener's factum, (Book Form), Joint with 38663., Completed on: 2020-01-23 Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2020-01-21 Order by,
UPON REQUEST by the intervener, Attorney General of Alberta, for an order granting additional time for oral argument at the hearing of the appeals;

AND NOTING the consent of the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia and the Attorney General for Saskatchewan;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The order dated December 4, 2019, is varied and the interveners, Attorney General of Quebec, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia and the Attorney General of Alberta, are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeals.

Allowed in part
2020-01-17 Intervener's book of authorities, (Book Form), Joint with 38663, Completed on: 2020-01-17 Attorney General of Quebec
2020-01-17 Intervener's factum, (Book Form), Joint with 38663, Completed on: 2020-01-17 Attorney General of Quebec
2020-01-13 Correspondence received from, (Letter Form), Joint with 38663
RE: Allotment of time for oral submissions
Attorney General of New Brunswick
2020-01-10 Correspondence received from, (Letter Form), Joint with 38663
RE: Allotment of time for oral submissions
Attorney General of British Columbia
2020-01-10 Correspondence received from, (Letter Form), Joint with 38663
RE: Allotment of time for oral submissions
Attorney General of Alberta
2019-12-17 Order by, CJ,
UPON REQUEST by the Attorney General of Alberta for an order extending the time to serve and file the factum and book of authorities, if any, of the attorneys general (Attorney General of Quebec, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia and the Attorney General of Alberta) intervening in the appeals under Rule 33(4) of the Rules of the Supreme Court of Canada;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The request is granted.

The deadline set in the orders dated August 23, 2019, and September 10, 2019, is varied and the Attorney General of Quebec, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia and the Attorney General of Alberta shall serve and file their factums and books of authorities, if any, on or before January 27, 2020.

Granted
2019-12-13 Notice of hearing sent to parties
2019-12-10 Correspondence received from, (Letter Form), Michael Sobkin
Joint with 38663
Attorney General of British Columbia
2019-12-06 Correspondence received from, (Letter Form), Peter A. Gall, Q.C.
Joint with 38663
Attorney General of Alberta
2019-12-04 Certificate (on limitations to public access), (Letter Form) Attorney General of Canada
2019-12-04 Respondent's book of authorities, (Book Form), Completed on: 2019-12-04 Attorney General of Canada
2019-12-04 Respondent's factum, (Book Form), Completed on: 2019-12-04 Attorney General of Canada
2019-12-04 Order on motion for leave to intervene, by WAGNER CJ.
2019-12-04 Decision on the motion for leave to intervene, CJ,
UPON APPLICATIONS by Progress Alberta Communications Limited; Canadian Labour Congress; Saskatchewan Power Corporation and SaskEnergy Incorporated (jointly); Oceans North Conservation Society; Assembly of First Nations; the Canadian Taxpayers Federation; Canada’s Ecofiscal Commission; the Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul (jointly); Amnesty International Canada; the National Association of Women and the Law and Friends of the Earth (jointly); the International Emissions Trading Association; the David Suzuki Foundation; the Athabasca Chipewyan First Nation; the Smart Prosperity Institute; the Canadian Public Health Association; Climate Justice Saskatoon, the National Farmers Union, the Saskatchewan Coalition for Sustainable Development, the Saskatchewan Council for International Cooperation, the Saskatchewan Environmental Society, SaskEV, the Council of Canadians: Prairie and Northwest Territories Region, the Council of Canadians: Regina Chapter, the Council of Canadians: Saskatoon Chapter, the New-Brunswick Anti-Shale Gas Alliance and Youth of the Earth (jointly); Centre québécois du droit de l’environnement and Équiterre (jointly); Generation Squeeze, the Public Health Association of British Columbia, the Saskatchewan Public Health Association, the Canadian Association of Physicians for the Environment, the Canadian Coalition for the Rights of the Child and Youth Climate Lab (jointly); the Assembly of Manitoba Chiefs; City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver (jointly) for leave to intervene in the above appeals;

AND UPON APPLICATION by the Anishinabek Nation and the United Chiefs and Councils of Mnidoo Mnising (jointly) for leave to intervene in the appeal Attorney General of Ontario v. Attorney General of Canada (38781);

AND UPON REQUEST by the Anishinabek Nation and the United Chiefs and Councils of Mnidoo Mnising (jointly) for permission to add two (2) affidavits to the record in the appeal Attorney General of Ontario v. Attorney General of Canada (38781), pursuant to Rule 59(1)(b) of the Rules of the Supreme Court of Canada;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The Attorney General for Saskatchewan’s time to serve the response to the motion for leave to intervene to the intervener, International Emissions Trading Association, is extended to November 20, 2019.

The time to serve and file the reply of the intervener, Canada’s Ecofiscal Commission, is extended to November 22, 2019.

The motions for leave to intervene are granted and the said twenty-one (21) interveners or groups of interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length. The deadline set in the orders dated August 23, 2019, and September 10, 2019, is varied and the interveners or groups of interveners shall serve and file their factums and books of authorities, if any, on or before January 27, 2020.

The said twenty-one (21) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The appellants and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed ten (10) pages in length on or before February 10, 2020.

The request by Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising (jointly) for permission to add two (2) affidavits to the record in the appeal Attorney General of Ontario v. Attorney General of Canada (38781), is dismissed.

To the extent that their interests are similar, the interveners or groups of interveners shall consult to avoid repetition.

The interveners or groups of 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 or groups of interveners shall pay to the appellants and the respondent any additional disbursements resulting from their interventions.

AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Quebec, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2019-12-04 Submission of motion for leave to intervene, CJ
2019-11-25 Correspondence received from, (Letter Form), Bijon Roy.
Consent of parties for late service and filing of reply on motion for leave to intervene.
Canada's Ecofiscal Commission
2019-11-22 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-26 Canada's Ecofiscal Commission
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663
MISSING: proof of service (received 2019-11-22), Completed on: 2019-11-22
Progress Alberta Communications Limited
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-20 Assembly of First Nations
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-20 Canadian Public Health Association
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-20 Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-20 Oceans North Conservation Society
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-20 Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2019-11-20 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-20 David Suzuki Foundation
2019-11-19 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663
MISSING: proof of service (received 2019-11-22), Completed on: 2019-11-26
Canadian Labour Congress
2019-11-19 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-19 Amnesty International Canada
2019-11-19 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-19, (Printed version filed on 2019-11-20) Athabasca Chipewyan First Nation
2019-11-19 Correspondence (sent by the Court) to, the parties.
New tentative hearing date set for March 25, 2020 (previous tentative hearing date was March 18, 2020).
2019-11-15 Correspondence received from, (Letter Form), Peter A. Gall
Letter requesting permission to file full evidentiary record that is before the Court of Appeal of Alberta.
MISSING: proof of service on active interveners (received 2019-11-27)
Attorney General of Alberta
2019-11-15 Response to the motion for leave to intervene, (Book Form), Completed on: 2019-11-15 Attorney General of Ontario
2019-11-15 Response to the motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-15 Attorney General of Canada
2019-11-12 Correspondence received from, (Letter Form), agent for the interveners.
Co-ordinates of counsel. Joint with 38663.
National Association of Women and the Law and Friends of the Earth
2019-11-07 Correspondence received from, (Letter Form), Avnish Nanda.
Contact information of co-counsel.
Joint with 38663
Progress Alberta Communications Limited
2019-11-06 Certificate (on limitations to public access), (Letter Form), Form 23A. Joint with 38663. City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2019-11-06 Notice of name, (Letter Form), Joint with 38663 City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663
MISSING:
1) electronic version (received 2019-11-20)
2) amended cover page - wrong color (received 2019-11-18 and 2019-11-20), Completed on: 2019-11-21, (Electronic version due on 2019-11-14)
City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver
2019-11-06 Certificate (on limitations to public access), (Letter Form), Form 23A. Joint with 38663. Assembly of Manitoba Chiefs
2019-11-06 Notice of name, (Letter Form), Joint with 38663 Assembly of Manitoba Chiefs
2019-11-06 Other book of authorities, (Book Form), In support of motion for leave to intervene. Joint with 38663.
MISSING: amended cover page - wrong color (received 2019-11-18 and 2019-11-20), Completed on: 2019-11-21
Assembly of Manitoba Chiefs
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663
MISSING:
1) signature of notice of motion - print version (received 2019-11-18)
2) amended cover page - wrong color (received 2019-11-18 and 2019-11-20), Completed on: 2019-11-21
Assembly of Manitoba Chiefs
2019-11-06 Certificate (on limitations to public access), (Letter Form), Form 23A. Joint with 38663 Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2019-11-06 Notice of name, (Letter Form), Joint with 38663
AMENDED version received on 2019-11-18
Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663
MISSING: amended cover page - wrong color (received 2019-11-18 and 2019-11-20), Completed on: 2019-11-21
Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab
2019-11-06 Certificate (on limitations to public access), (Letter Form), Form 23A. Joint with 38663 Centre québécois du droit de l'environnement et Équiterre
2019-11-06 Notice of name, (Letter Form), Joint with 38663
MISSING: amended version (received 2019-11-21)
Centre québécois du droit de l'environnement et Équiterre
2019-11-06 Motion for leave to intervene, (Book Form), (5 volumes), Joint with 38663
MISSING:
11) electronic version (receved 2019-11-20)
2) amended notice of name (received 2019-11-21)
3) amended cover pages - wrong color (received 2019-11-18 and 2019-11-20)
, Completed on: 2019-11-25, (Electronic version due on 2019-11-14)
Centre québécois du droit de l'environnement et Équiterre
2019-11-06 Notice of name, (Letter Form), Joint with 38663 Canadian Public Health Association
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-06 Canadian Public Health Association
2019-11-06 Notice of name, (Letter Form), Joint with 38663 Smart Prosperity Institute
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663
MISSING: filing fee (received 2019-12-20), Completed on: 2019-12-23
Smart Prosperity Institute
2019-11-06 Notice of name, (Letter Form), Joint with 38663 Athabasca Chipewyan First Nation
2019-11-06 Motion for leave to intervene, (Book Form), (2 volumes), Joint with 38663, Completed on: 2019-11-06 Athabasca Chipewyan First Nation
2019-11-06 Notice of name, (Letter Form), Joint with 38663 David Suzuki Foundation
2019-11-06 Other book of authorities, (Book Form), In support of motion for leave to intervene.
Joint with 38663, Completed on: 2019-11-06
David Suzuki Foundation
2019-11-06 Motion for leave to intervene, (Book Form), (2 volumes), Joint with 38663, Completed on: 2019-11-06 David Suzuki Foundation
2019-11-06 Certificate (on limitations to public access), (Letter Form), Form 23A
Joint with 38663
International Emissions Trading Association
2019-11-06 Notice of name, (Letter Form), Joint with 38663 International Emissions Trading Association
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663
MISSING: print version of affidavit of service (received 2019-11-14), Completed on: 2019-11-14
International Emissions Trading Association
2019-11-06 Certificate (on limitations to public access), (Letter Form), Form 23A National Association of Women and the Law and Friends of the Earth
2019-11-06 Notice of name, (Letter Form), For Friends of the Earth
Joint with 38663
National Association of Women and the Law and Friends of the Earth
2019-11-06 Notice of name, (Letter Form), For National Association of Women and the Law
Joint with 38663
National Association of Women and the Law and Friends of the Earth
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-06 National Association of Women and the Law and Friends of the Earth
2019-11-06 Notice of name, (Letter Form), Joint with 38663 Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-06 Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2019-11-06 Notice of name, (Letter Form), Joint with 38663 Canada's Ecofiscal Commission
2019-11-06 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-06 Canada's Ecofiscal Commission
2019-11-05 Notice of name, (Letter Form), Joint with 38663 Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2019-11-05 Motion for leave to intervene, (Letter Form), Joint with 38663
MISSING: complete contact information of main counsel, Incomplete
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2019-11-05 Certificate (on limitations to public access), (Letter Form), Form 23A Amnesty International Canada
2019-11-05 Notice of name, (Letter Form), Joint with 38663 Amnesty International Canada
2019-11-05 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-05, (Printed version filed on 2019-11-06) Amnesty International Canada
2019-11-05 Notice of name, (Letter Form), Joint with 38663
Amended version served and filed on 2019-11-12
Canadian Taxpayers Federation
2019-11-05 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-05 Canadian Taxpayers Federation
2019-11-05 Notice of name, (Letter Form), Joint with 38663 Assembly of First Nations
2019-11-05 Motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-05 Assembly of First Nations
2019-11-05 Notice of name, (Letter Form), Joint with 38663 Oceans North Conservation Society
2019-11-05 Motion for leave to intervene, (Letter Form), Joint with 38663, Completed on: 2019-11-05 Oceans North Conservation Society
2019-11-05 Notice of name, (Letter Form), Joint with 38663 Saskatchewan Power Corporation and SaskEnergy Incorporated
2019-11-05 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-05 Saskatchewan Power Corporation and SaskEnergy Incorporated
2019-11-05 Notice of name, (Letter Form), Joint with 38663 Canadian Labour Congress
2019-11-05 Motion for leave to intervene, (Book Form), Joint with 38663, Completed on: 2019-11-05 Canadian Labour Congress
2019-11-04 Notice of name, (Letter Form) Progress Alberta Communications Limited
2019-11-04 Notice of name, (Letter Form), for United Chiefs and Councils of Mnidoo Mnising Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2019-11-04 Notice of name, (Letter Form), for Anishinabek Nation Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2019-11-04 Motion for leave to intervene, (Book Form), Completed on: 2019-11-08 Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising
2019-11-01 Certificate (on limitations to public access), (Letter Form), Form 23A (joint with 38663) Progress Alberta Communications Limited
2019-11-01 Motion for leave to intervene, (Book Form), Joint with 38663
MISSING: amended cover page + amended notice (received 2019-11-25) - (amended electronic version received on 2019-11-04), Completed on: 2019-11-26
Progress Alberta Communications Limited
2019-10-28 Order on motion to extend time, by WAGNER C.J.
2019-10-28 Decision on motion to extend time, CJ,
UPON APPLICATION by the intervener, Attorney General of New Brunswick, for an order extending the time to serve and file its notice of intervention respecting a constitutional question to September 26, 2019;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the appellant and respondent;
IT IS HEREBY ORDERED THAT:
The motion is granted.

Granted
2019-10-28 Submission of motion to extend time, CJ
2019-10-25 Correspondence received from, (Letter Form), Josh Hunter.
Letter with regards to the tentative hearings dates of files 38663 and 38781.
Attorney General of Ontario
2019-10-21 Correspondence (sent by the Court) to, the parties.
New tentative hearing date set for March 18, 2020 (previous tentative hearing date was January 15, 2020).
2019-10-16 Intervener's book of authorities, (Book Form), Joint with the Book of Authorities of the appellant in file #38663., Completed on: 2019-10-16 Attorney General of Saskatchewan
2019-10-16 Intervener's factum - AG on constitutional question, (Book Form), Joint with the appellant's factum in file #38663., Completed on: 2019-10-16 Attorney General of Saskatchewan
2019-10-16 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Ontario
2019-10-16 Appellant's record, (Book Form),
-Part I and II (paper and electronic version) (1 volume)
-Part III (electronic version only) (16 volumes) , Completed on: 2019-10-16
Attorney General of Ontario
2019-10-16 Appellant's book of authorities, (Book Form), Joint with intervener's book of authorities in 38663, Completed on: 2019-10-16 Attorney General of Ontario
2019-10-16 Appellant's factum, (Book Form), Joint with intervener's factum in 38663, Completed on: 2019-10-16 Attorney General of Ontario
2019-10-07 Order on motion to directions, by WAGNER C.J.
2019-10-07 Decision on motion for directions, CJ,
UPON APPLICATION by the Attorney General of Canada for an order to consolidate files 38663 and 38781 and for an order for directions;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to consolidate files 38663 and 38781 is dismissed; however, the appeals will be heard together.
The Attorney General for Saskatchewan shall serve and file its appellant’s record, factum and book of authorities, if any, on or before October 16, 2019.
The Attorney General for Saskatchewan and the Attorney General of Ontario shall each serve and file a single factum not exceeding forty (40) pages in length, in the above appeals.
The Attorney General of Canada shall serve and file a single joint factum not exceeding sixty (60) pages, in the above appeals.
Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a single factum not to exceed twenty (20) pages, in the above appeals.
Any person wishing to intervene under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file one (1) motion for leave to intervene in both appeals.
AND IT IS HEREBY FURTHER ORDERED THAT:
The tentative hearing dates of January 14, 2020, and January 15, 2020, shall remain unchanged, unless adjusted following a determination by the Court of its hearing schedule.

Allowed in part
2019-10-07 Submission of motion for directions, CJ
2019-09-30 Response to motion for directions, (Letter Form), Joint with 38663, Completed on: 2019-09-30 Attorney General of British Columbia
2019-09-30 Response to motion for directions, (Book Form), (Joint with 38663), Completed on: 2019-09-30 Attorney General of Ontario
2019-09-27 Response to motion to extend time, (Letter Form), Completed on: 2019-09-27 Attorney General of Canada
2019-09-27 Response to motion to extend time, (Letter Form), Completed on: 2019-09-27 Attorney General of Ontario
2019-09-26 Reply to motion for directions, (Letter Form), Completed on: 2019-09-26 Attorney General of Canada
2019-09-26 Motion to extend time, (Book Form), to serve and file the notice of intervention on constitutional question, Completed on: 2019-09-26 Attorney General of New Brunswick
2019-09-26 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-09-26 Attorney General of New Brunswick
2019-09-26 Response to motion for directions, (Letter Form), (joint with 38663), Completed on: 2019-09-26 Attorney General of Saskatchewan
2019-09-25 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-09-25 Attorney General of Quebec
2019-09-24 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-09-24 Attorney General of Manitoba
2019-09-24 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-09-24 Attorney General of Saskatchewan
2019-09-23 Notice of intervention respecting a constitutional question, (Letter Form), Affidavit of service received on September 25, 2019 (Bookform), Completed on: 2019-09-25 Attorney General of Alberta
2019-09-20 Motion for directions, (Book Form), and to consolidate appeals (joint with 38663), Completed on: 2019-09-20 Attorney General of Canada
2019-09-20 Correspondence received from, Sharlene Telles-Langdon, re: hearing dates (joint with 38663) Attorney General of Canada
2019-09-16 Correspondence received, from counsel for the appellant in file 38663, Attorney General for Saskatchewan.
Joint with 38663. Response to the letter from Attorney General of Alberta with regards to the tentative hearing dates.
2019-09-12 Correspondence received from, (Letter Form), counsel for the appellant, Attorney General of Ontario.
Joint with 38663. Response to the letter from the Attorney General of Alberta in regards to the tentative hearing dates.
Attorney General of Ontario
2019-09-11 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-09-11 Attorney General of British Columbia
2019-09-11 Correspondence received,
from counsel for the intervener in file 38663, Attorney General of Alberta.
Joint with 38663. In regards to the tentative hearing dates.
2019-09-11 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-09-10 Order by, WAGNER C.J.

IT IS HEREBY ORDERED THAT:

The schedule for serving and filing the material in the above-mentioned appeal is set as follows:

Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a notice of intervention respecting constitutional question on or before September 25, 2019.

The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before October 16, 2019.

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 November 6, 2019.

The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before November 15, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 20, 2019.

The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before December 4, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before December 20, 2019.

Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before December 20, 2019.
, CJ
2019-09-04 Letter acknowledging receipt of a notice of appeal, FILE OPENED 09/04/19
2019-08-28 Notice of constitutional question(s), (Letter Form), Completed on: 2019-08-28 Attorney General of Ontario
2019-08-28 Certificate (on limitations to public access), (Letter Form) Attorney General of Ontario
2019-08-28 Notice of appeal, (Letter Form), Missing: CA Order, Incomplete Attorney General of Ontario

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 Ontario Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Alberta Intervener Active
Progress Alberta Communications Limited Intervener Active
Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising Intervener Active
Canadian Labour Congress Intervener Active
Saskatchewan Power Corporation and SaskEnergy Incorporated Intervener Active
Oceans North Conservation Society Intervener Active
Assembly of First Nations Intervener Active
Canadian Taxpayers Federation Intervener Active
Canada's Ecofiscal Commission Intervener Active
Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul Intervener Active
Amnesty International Canada Intervener Active
National Association of Women and the Law and Friends of the Earth Intervener Active
International Emissions Trading Association Intervener Active
David Suzuki Foundation Intervener Active
Athabasca Chipewyan First Nation Intervener Active
Smart Prosperity Institute Intervener Active
Canadian Public Health Association Intervener Active
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV Intervener Active
Council of Canadians: Prairie and Northwest Territories Region, Council of Canadians: Regina Chapter, Council of Canadians: Saskatoon Chapter, New-Brunswick Anti-Shale Gas Alliance and Youth of the Earth Intervener Active
Centre québécois du droit de l'environnement et Équiterre Intervener Active
Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab Intervener Active
Assembly of Manitoba Chiefs Intervener Active
City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver Intervener Active
Thunderchild First Nation Intervener Active

Counsel

Party: Attorney General of Ontario

Counsel
Joshua Hunter
Padraic Ryan
Otto Ranalli
Attorney General of Ontario
Constitutional Law Branch
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 908-7465
FAX: (416) 326-4015
Email: joshua.hunter@ontario.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: Attorney General of Canada

Counsel
Sharlene Telles-Langdon
Brooke Sittler
Mary Matthews
Ned Djordjevic
Guy Pratte
Attorney General of Canada
Prairie Regional Office
301-310 Broadway Avenue
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-0862
FAX: (204) 984-8495
Email: Sharlene.Telles-Langdon@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 British Columbia

Counsel
J. Gareth Morley
Jacqueline D. Hughes
Attorney General of British Columbia
1001 Douglas Street, 6th Floor
PO Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-7644
FAX: (250) 356-9154
Email: gareth.morley@gov.bc.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 Alberta

Counsel
Peter A. Gall, Q.C.
Benjamin J. Oliphant
Steven A. A. Dollansky
L. Christine Enns, Q.C.
Gall Legge Grant Zwack LLP
1199 West Hastings Street
Suite 1000
Vancouver, British Columbia
V6E 3T5
Telephone: (604) 891-1152
FAX: (604) 669-5101
Email: pgall@glgzlaw.com
Agent
Alyssa Tomkins
CazaSaikaley LLP
350 - 220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8269
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca

Party: Attorney General of Saskatchewan

Counsel
P. Mitch McAdam, Q.C.
Alan Jacobson
Deron Kuski, Q.C.
Jodi Wildeman
Attorney General for Saskatchewan
820 - 1874 Scarth St
Aboriginal Law Branch
Regina, Saskatchewan
S3P 3B3
Telephone: (306) 787-7846
FAX: (306) 787-9111
Email: mitch.mcadam@gov.sk.ca
Agent
D.Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of Manitoba

Counsel
Michael Conner
Allison Kindle Pejovic
Attorney General of Manitoba
Constitutional Law
1230 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 391-0767
FAX: (204) 945-0053
Email: michael.conner@gov.mb.ca
Agent
D.Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of Quebec

Counsel
Jean-Vincent Lacroix
Laurie Anctil
Procureur général du Québec
Ministère de la justice du Québec
1200 Route de l'Église, 4e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20779
FAX: (418) 644-7030
Email: jean-vincent.lacroix@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 New Brunswick

Counsel
Rachelle Standing
Isabel Lavoie Daigle
Attorney General of New Brunswick
P.O. Box 6000, Stn. A
675 King Street, Suite 2018
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: rachelle.standing@gnb.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: Progress Alberta Communications Limited

Counsel
Avnish Nanda
Martin Olszynski
Nanda & Company
10007 - 80 Avenue N.W.
Edmonton, Alberta
T6J 1T4
Telephone: (780) 916-9860
FAX: (587) 318-1391
Email: avnish@nandalaw.ca
Agent
Dylan Jr. McGuinty
McGuinty Law Offices
1192 Rockingham Avenue
Ottawa, Ontario
K1H 8A7
Telephone: (613) 526-3858
FAX: (613) 526-3187
Email: dylanjr@mcguintylaw.ca

Party: Anishinabek Nation and United Chiefs and Councils of Mnidoo Mnising

Counsel
Cynthia Westaway
M. Patricia Lawrence
Westaway Law Group
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 722-6339
FAX: (613) 722-9097
Email: cynthia@westawaylaw.ca
Agent
Geneviève Boulay
Westaway Law Group
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 702-3042
FAX: (613) 722-9097
Email: genevieve@westawaylaw.ca

Party: Canadian Labour Congress

Counsel
Simon Archer
Daniel Sheppard
Mariam Moktar
Goldblatt Partners LLP
20 Dundas Street West, Suite 1039
Toronto, Ontario
M5G 2C2
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: sarcher@goldblattpartners.com
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Party: Saskatchewan Power Corporation and SaskEnergy Incorporated

Counsel
David M. A. Stack, Q.C.
McKercher LLP
374 Third Avenue South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 664-1277
FAX: (306) 653-2669
Email: d.stack@mckercher.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: Oceans North Conservation Society

Counsel
David W.L. Wu
Arvay Finlay LLP
1512-808 Nelson Street
Box 12149, Nelson Square
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: dwu@arvayfinlay.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Assembly of First Nations

Counsel
Stuart Wuttke
Julie McGregor
Adam Williamson
Victor Carter
Assembly of First Nations
55 Metcalfe Street, Suite 1600
Ottawa, Ontario
K1P 6L5
Telephone: (613) 241-6789 Ext: 228
FAX: (613) 241-5808
Email: swuttke@afn.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Canadian Taxpayers Federation

Counsel
R. Bruce E. Hallsor
Hana Felix
Crease Harman LLP
1070 Douglas Street
Unit 800
Victoria, British Columbia
V8W 2C4
Telephone: (250) 388-5421
FAX: (250) 388-4294
Email: Bhallsor@crease.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: Canada's Ecofiscal Commission

Counsel
Stewart Elgie, LSM
University of Ottawa
Faculty of Law
57 Louis Pasteur St.
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 1270
Email: stewart.elgie@uottawa.ca
Agent
Bijon Roy
Champ and Associates
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: broy@champlaw.ca

Party: Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul

Counsel
Joseph F. Castrilli
Theresa McClenaghan
Richard D. Lindgren
Canadian Environmental Law Association
1500 - 55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 960-2284 Ext: 7218
FAX: (416) 960-9392
Email: castrillij@sympatico.ca
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: Amnesty International Canada

Counsel
Justin Safayeni
Zachary Al-Khatib
Stockwoods LLP
TD North Tower, suite 4130
77 King Street West, P.O. Box 140
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-3494
FAX: (416) 593-9345
Email: justins@stockwoods.ca
Agent
David P. Taylor
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro

Party: National Association of Women and the Law and Friends of the Earth

Counsel
Nathalie Chalifour
Anne Levesque
University of Ottawa
57 Louis Pasteur St.
Ottawa, Ontario
K1N 6C5
Telephone: (613) 562-5800 Ext: 3331
FAX: (613) 562-5124
Email: Nathalie.Chalifour@uottawa.ca
Agent
David P. Taylor
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro

Party: International Emissions Trading Association

Counsel
Elisabeth DeMarco
Jonathan McGillivray
DeMarco Allan LLP
333 Bay Street
Suite 625
Toronto, Ontario
M5H 2R2
Telephone: (647) 991-1190
FAX: (888) 734-9459
Email: lisa@demarcoallan.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: David Suzuki Foundation

Counsel
Joshua Ginsberg
Randy Christensen
Ecojustice Environmental Law Clinic at the University of Ottawa
216-1 Stewart Street
Faculty of Law - Common Law
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3399
FAX: (613) 562-5319
Email: jginsberg@ecojustice.ca

Party: Athabasca Chipewyan First Nation

Counsel
Amir Attaran
Matt Hulse
Ecojustice Environmental Law Clinic at the University of Ottawa
216-1 Stewart Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3382
FAX: (613) 562-5319
Email: aattaran@uottawa.ca

Party: Smart Prosperity Institute

Counsel
Jeremy de Beer
Guy Régimbald
University of Ottawa
Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3169
Email: Jeremy.deBeer@uOttawa.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 788-3559
Email: guy.regimbald@gowlingwlg.com

Party: Canadian Public Health Association

Counsel
Jennifer L. King
Michael Finley
Liane Langstaff
Gowling WLG (Canada) LLP
Suite 1600, 1 First Canadian Place
100 King Street West
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-7525
FAX: (416) 862-7661
Email: jennifer.king@gowlingwlg.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: Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV

Counsel
Larry W. Kowalchuk
Taylor-Anne Yee
Jonathan Stockdale
Kowalchuk Law Office
18 Patton Street
Regina, Saskatchewan
S4R 3N9
Telephone: (306) 529-3001
Email: larry@kowalchuklaw.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Council of Canadians: Prairie and Northwest Territories Region, Council of Canadians: Regina Chapter, Council of Canadians: Saskatoon Chapter, New-Brunswick Anti-Shale Gas Alliance and Youth of the Earth

Counsel
Larry W. Kowalchuk
Kowalchuk Law Office
18 Patton Street
Regina, Saskatchewan
S4R 3N9
Telephone: (306) 529-3001
Email: larry@kowalchuklaw.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Centre québécois du droit de l'environnement et Équiterre

Counsel
David Robitaille
Marc Bishai
Michel Bélanger Avocats Inc.
454 avenue Laurier Est
Montréal, Quebec
H2J 1E7
Telephone: (819) 598-3814
FAX: (514) 331-0514
Email: david.robitaille@uottawa.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: Generation Squeeze, Public Health Association of British Columbia, Saskatchewan Public Health Association, Canadian Association of Physicians for the Environment, Canadian Coalition for the Rights of the Child and Youth Climate Lab

Counsel
Nathan Hume
Emma Hume
Cam Brewer
Ratcliff & Company LLP
221 West Esplanade
Suite 500
North Vancouver, British Columbia
V7M 3J3
Telephone: (604) 988-5201
FAX: (604) 988-1452
Email: nhume@ratcliff.com
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: Assembly of Manitoba Chiefs

Counsel
Joëlle Pastora Sala
Byron Williams
Katrine Dilay
Public Interest Law Centre
200-393 Portage Avenue
Winnipeg, Manitoba
R3B 3H6
Telephone: (204) 985-8540
FAX: (204) 985-8544
Email: jopas@pilc.mb.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: City of Richmond, City of Victoria, City of Nelson, District of Squamish, City of Rossland and City of Vancouver

Counsel
Paul A. Hildebrand
Andrew Carricato
Lidstone & Company
Sun Tower, Suite 1300
128 Pender Street West
Vancouver, British Columbia
V6B 1R8
Telephone: (604) 899-2269
FAX: (604) 899-2281
Email: paul@phlaw.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: Thunderchild First Nation

Counsel
Dusty T. Ernewein
Lorne R. Fagnan
McKercher LLP
374 Third Avenue South
Saskatoon, Saskatchewan
S7K 1M5
Telephone: (306) 664-1296
FAX: (306) 653-2669
Email: d.ernewein@mckercher.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

Summary

Keywords

Constitutional law - Division of powers - Environmental law - Climate change - Power to tax and to regulate - Whether the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186, falls within the national concern branch of the Peace, Order, and Good Government power - Whether the Act imposes valid regulatory charges or valid taxation - Constitution Act, 1867, s. 91.

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.

By Order in Council 1014/2018, the Lieutenant Governor in Council referred the following question to the Court of Appeal for Ontario pursuant to s. 8 of the Courts of Justice Act, R.S.O. 1990, c. C.43:

Whether the Greenhouse Gas Pollution Pricing Act, Part 5 of the Budget Implementation Act, 2018, No. 1, S.C. 2018, c. 12, is unconstitutional in whole or in part.

A majority of the Court of Appeal for Ontario found the Act constitutional. In concurring reasons, Hoy A.C.J. found the Act constitutional but for reasons different from the majority. In a dissenting opinion, Huscroft J.A. would have found the Act unconstitutional.

Lower court rulings

June 28, 2019
Court of Appeal for Ontario

2019 ONCA 544, C65807

See file.

Memorandums of argument on application for leave to appeal

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Date modified: 2025-02-27