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39116

Attorney General of British Columbia v. Attorney General of Alberta

(Alberta) (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 of Alberta (Edmonton), Number 1903-0157-AC, 2020 ABCA 74, dated February 24, 2020, heard on September 22 and 23, 2020, is allowed and the reference question is answered in the negative. Côté J. dissents in part and Brown and Rowe JJ. dissent.
Allowed
2021-03-23 General proceeding, (Letter Form), Joint with 38663 and 38781
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 and 38781
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 38781
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 38781
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 and 38781
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 38781
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 38781
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 38781
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 38781
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 38781
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 38781
Lock-up form and undertaking by:
-Amir Attaran, (Printed version due on 2021-03-29)
Smart Prosperity Institute
2021-03-19 General proceeding, (Letter Form), Joint with 38663 and 38781
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 38781
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 38781
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 38781
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 39781
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 38781
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 38781
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 38781
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 38781
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 38781
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 38781
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 38781
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 38781
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 and 38781
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 and 38781
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 38781
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 Acting Registrar
2021-02-25 Correspondence received from, (Letter Form), Joint with 38663-38781
Stuart Wuttke, Comments on possible lock-up., (Printed version due on 2021-03-04)
Assembly of First Nations
2021-02-23 Correspondence received from, (Letter Form), Joint with 38663-38781
D. Lynne Watt, Comments on possible lock-up., (Printed version due on 2021-03-02)
Saskatchewan Power Corporation and SaskEnergy Incorporated
2021-02-22 Correspondence received from, (Letter Form), Joint with 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
Joshua Hunter, Comments on possible lock-up.
Attorney General of Ontario
2021-02-19 Correspondence received from, (Letter Form), Joint with 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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 38663-38781
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), Joint with 38663-38781
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 38663-38781
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 38781.
Day 1 - 222 pages
Day 2 - 170 pages
2020-10-08 Supplemental document, (Book Form), Joint with 38663 et 38781; 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
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. International Emissions Trading Association
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Canada’s Ecofiscal Commission
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. 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), Joint with 38663 and 38781. David Suzuki Foundation
2020-09-21 Respondent's condensed book, (Book Form), Joint with 38663 and 38781. Attorney General of Alberta
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Attorney General of Canada
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Canadian Public Health Association
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Smart Prosperity Institute
2020-09-21 Appellant's condensed book, (Book Form), Joint with 38663 and 38781. Attorney General of British Columbia
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Attorney General of Saskatchewan
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Attorney General of Ontario
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. Attorney General of Manitoba
2020-09-21 Intervener's condensed book, (Book Form), Joint with 38663 and 38781. 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 38781.
Missing: Proof of Service
Attorney General of Quebec
2020-09-04 Correspondence (sent by the Court) to, the parties. Joint with 38663 and 38781.
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 only)
2020-08-25 Appeal hearing scheduled, 2020-09-22, Tentatively scheduled to be heard on September 22 and 23, 2020.

The schedule for serving and filing the material for the appeal is set as follows:

a) The appellant’s factum and book of authorities, if any, must be served and filed on or before May 20, 2020. The factum must not exceed twenty (20) pages in length.

b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada must serve and file a motion for leave to intervene on or before June 17, 2020. Notice of this deadline will be placed on the Court’s website. Those parties who have been granted leave to intervene in one or both of files 38663 and 38781 and who wish to intervene in appeal 39116 may do so by providing notice to the Registrar in the form of a letter on or before June 17, 2020. A notice of motion is not required.

c) The appellant and respondent must serve and file their response(s) to any motions for leave to intervene on or before June 29, 2020.

d) Replies to any responses to motions for leave to intervene must be served and filed on or before July 7, 2020.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada must serve and file its respective factum, not to exceed five (5) pages, and book of authorities, if any, on or before August 12, 2020.

f) The respondent’s factum and book of authorities, if any, must be served and filed on or before July 15, 2020. The factum shall not exceed twenty (20) pages in length.

g) Any intervener referred to in subparagraph 22(3)(c)(iii) of the Rules of the Supreme Court of Canada must serve and file its factum, not to exceed ten (10) pages in length, and book of authorities, if any, on or before August 12, 2020.

Judgment reserved
2020-08-17 Correspondence (sent by the Court) to, all parties; Joint with 38663 and 38781; information regarding the appeal hearing in this matter.
2020-08-12 Correspondence received from, (Letter Form), Change in Counsel: Matt Hulse is no longer acting as co-counsel in this file; all other counsel information remains the same.

For reference, Matt Hulse remains as co-counsel in 38663/38781, which are being heard together with 39116.
Athabasca Chipewyan First Nation
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Athabasca Chipewyan First Nation
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 International Emissions Trading Association
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Canada’s Ecofiscal Commission
2020-08-12 Intervener's book of authorities, (Book Form), Completed on: 2020-08-12 David Suzuki Foundation
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 David Suzuki Foundation
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Thunderchild First Nation
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Canadian Public Health Association
2020-08-12 Intervener's book of authorities, (Book Form), Completed on: 2020-08-12 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
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 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
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Smart Prosperity Institute
2020-08-12 Intervener's book of authorities, (Book Form), Completed on: 2020-08-12 Attorney General of Canada
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Assembly of First Nations
2020-08-12 Intervener's book of authorities, (Book Form), Completed on: 2020-08-12 Canadian Taxpayers Federation
2020-08-12 Intervener's factum, (Book Form), Completed on: 2020-08-12 Canadian Taxpayers Federation
2020-08-12 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-08-12 Attorney General of Canada
2020-08-11 Intervener's factum, (Book Form), Completed on: 2020-08-11 Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2020-08-11 Intervener's book of authorities, (Book Form), Completed on: 2020-08-11 Attorney General of Saskatchewan
2020-08-11 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-08-11 Attorney General of Saskatchewan
2020-08-11 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-08-11 Attorney General of Ontario
2020-08-11 Intervener's factum, (Book Form), Completed on: 2020-08-11 Oceans North Conservation Society
2020-08-10 Intervener's factum, (Book Form), required: copy of intervener's factum with correct file # on cover page (rec'd 2020/08/11), Completed on: 2020-08-10 Saskatchewan Power Corporation and SaskEnergy Incorporated
2020-08-10 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-08-10 Attorney General of Manitoba
2020-08-10 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-08-10 Attorney General of New Brunswick
2020-08-07 Intervener's book of authorities, (Book Form), Missing: Proof of Service, Incomplete Progress Alberta Communications Limited
2020-08-07 Intervener's factum, (Book Form), Missing: Proof of Service, Incomplete Progress Alberta Communications Limited
2020-08-04 Correspondence (sent by the Court) to, the parties. Joint with 38663 et 38781.
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 38781.

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 British Columbia
2020-07-28 Order on motion for leave to intervene, 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 Submission of motion for leave to intervene, CJ
2020-07-15 Respondent's factum, (Book Form), Completed on: 2020-07-15 Attorney General of Alberta
2020-07-07 Reply to the motion for leave to intervene, (Letter Form), Joint with 38663 and 38781
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 the motion for leave to intervene, (Letter Form), Joint with 38663 and 38781, 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 38781, 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 38781, 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 38781, 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 38781, Completed on: 2020-06-29, (Printed version due on 2020-07-07) Attorney General of British Columbia
2020-06-17 Notice of name, (Letter Form), Joint with 38663 and 38781, (Printed version due on 2020-06-24) Thunderchild First Nation
2020-06-17 Motion for leave to intervene, (Book Form), Joint with 38663 and 38781
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
2020-06-16 Correspondence received from, (Letter Form), Jennifer L. King
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-06-23)
Canadian Public Health Association
2020-06-15 Correspondence received from, (Letter Form), Justin Safayeni
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-06-22)
Amnesty International Canada
2020-06-15 Correspondence received from, (Letter Form), Amir Attaran
Notice of intention to intervene in this appeal., (Printed version due on 2020-06-22)
Athabasca Chipewyan First Nation
2020-06-15 Correspondence received from, (Letter Form), Guy Régimbald
Notice of intention to intervene in this appeal., (Printed version due on 2020-06-22)
Smart Prosperity Institute
2020-06-12 Correspondence received from, (Letter Form), Stewart Elgie
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-06-19)
Canada’s Ecofiscal Commission
2020-06-12 Correspondence received from, (Letter Form), Nathan Hume
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-06-19)
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
2020-06-11 Correspondence received from, (Letter Form), Joshua Ginsberg
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-06-18)
David Suzuki Foundation
2020-06-11 Correspondence received from, (Letter Form), Stuart Wuttke
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-06-18)
Assembly of First Nations
2020-06-09 Correspondence received from, (Letter Form), Larry Kowalchuk
Notice of intention to intervene in this appeal and request for additional time to present oral argument., (Printed version due on 2020-06-16)
Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV
2020-06-08 Correspondence received from, (Letter Form), David W. Wu
Notice of intention to intervene in this appeal., (Printed version due on 2020-06-15)
Oceans North Conservation Society
2020-05-22 Correspondence received from, (Letter Form), Avnish Nanda
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-05-29)
Progress Alberta Communications Limited
2020-05-21 Correspondence received from, (Letter Form), Elisabeth DeMarco
Notice of intention to intervene in this appeal.
, (Printed version filed on 2020-06-15)
International Emissions Trading Association
2020-05-20 Appellant's book of authorities, (Book Form), Completed on: 2020-05-20 Attorney General of British Columbia
2020-05-20 Appellant's factum, (Book Form), Completed on: 2020-05-20 Attorney General of British Columbia
2020-05-12 Correspondence received from, (Letter Form), David M.A. Stack, Q.C.
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-05-20)
Saskatchewan Power Corporation and SaskEnergy Incorporated
2020-05-12 Correspondence received from, (Letter Form), Joseph F. Castrilli
Notice of intention to intervene in this appeal.
, (Printed version due on 2020-05-20)
Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul
2020-05-11 Correspondence received from, (Letter Form), R. Bruce E. Hallsor, Q.C.
Notice of intention to intervene in this appeal., (Printed version due on 2020-05-19)
Canadian Taxpayers Federation
2020-05-07 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right),
Tentatively scheduled to be heard on September 22 and 23, 2020, together with Attorney General for Saskatchewan v. Attorney General of Canada (38663), and Attorney General of Ontario v. Attorney General of Canada (38781).
2020-04-27 Correspondence received from, (Letter Form), the Attorney General of British Columbia - Proposed filing deadlines and factum length. Attorney General of British Columbia
2020-04-27 General proceeding, (Letter Form),
Notice of intervention respecting a constitutional question (for notice of appeal as of right filed by Attorney General of Alberta that was not accepted for filing)., (Printed version due on 2020-05-04)
Attorney General of Quebec
2020-04-27 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-04-27, (Printed version due on 2020-05-04) Attorney General of Quebec
2020-04-24 Order on motion to directions, by the Chief Justice
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.
Allowed
2020-04-24 Submission of motion for directions, CJ
2020-04-24 Letter acknowledging receipt of a notice of appeal
2020-04-22 General proceeding, (Letter Form),
Notice of intervention respecting a constitutional question (for notice of appeal as of right filed by Attorney General of Alberta that was not accepted for filing)., (Printed version due on 2020-04-29)
Attorney General of Ontario
2020-04-22 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-04-22, (Printed version due on 2020-04-29) Attorney General of Ontario
2020-04-20 General proceeding, (Letter Form),
Notice of intervention respecting a constitutional question (for notice of appeal as of right filed by Attorney General of Alberta that was not accepted for filing)., (Printed version due on 2020-04-27)
Attorney General of Manitoba
2020-04-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-04-20, (Printed version due on 2020-04-27) Attorney General of Manitoba
2020-04-16 General proceeding, (Letter Form),
Notice of intervention respecting a constitutional question (for notice of appeal as of right filed by Attorney General of Alberta that was not accepted for filing)., (Printed version due on 2020-04-23)
Attorney General of New Brunswick
2020-04-16 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-04-16 Attorney General of New Brunswick
2020-04-16 General proceeding, (Letter Form),
Notice of intervention respecting a constitutional question (for notice of appeal as of right filed by Attorney General of Alberta that was not accepted for filing)., (Printed version due on 2020-04-23)
Attorney General of Saskatchewan
2020-04-16 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-04-16, (Printed version due on 2020-04-23) Attorney General of Saskatchewan
2020-04-08 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-04-22, (Printed version due on 2020-04-17) Attorney General of Canada
2020-04-02 General proceeding, (Letter Form),
Reply to the response to motion for directions filed by Attorney General of Alberta (with regards to the notice of appeal as of right that was not accepted for filing)., (Printed version due on 2020-04-09)
Attorney General of Alberta
2020-04-01 Correspondence received, from Attorney General for Saskatchewan (appellant in file 38663).
Response to motion for directions filed by Attorney General of Alberta (with regards to the notice of appeal as of right that was not accepted for filing).
2020-04-01 General proceeding, (Letter Form), (Included in the response to motion for directions),
Response to motion for directions filed by Attorney General of Alberta (with regards to the notice of appeal as of right that was not accepted for filing)., (Printed version due on 2020-04-08)
Attorney General of Canada
2020-04-01 Response to motion for directions, (Letter Form), Joint with 38663 and 38781, Completed on: 2020-04-01, (Printed version due on 2020-04-08) Attorney General of Canada
2020-03-27 Motion for directions, (Book Form), Joint with 38663 and 38781
MISSING: filing fee, Incomplete, (Printed version due on 2020-04-03)
Attorney General of British Columbia
2020-03-27 General proceeding, (Book Form),
Motion for directions related to the notice of appeal as of right filed by Attorney General of Alberta that was not accepted for filing., (Printed version due on 2020-04-03)
Attorney General of Alberta
2020-03-25 Certificate (on limitations to public access), (Letter Form) Attorney General of British Columbia
2020-03-25 Notice of constitutional question(s), (Letter Form), Completed on: 2020-03-25 Attorney General of British Columbia
2020-03-25 Notice of appeal, (Letter Form), Completed on: 2020-03-25 Attorney General of British Columbia
2020-03-24 General proceeding, (Letter Form), Notice of Constitutional Question as part of the Notice of Appeal As of Right – NOT ACCEPTED FOR FILING Attorney General of Alberta
2020-03-24 General proceeding, (Letter Form), Notice of Appeal As of Right – NOT ACCEPTED FOR FILING Attorney General of Alberta

Parties

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

Main parties

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

v.

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

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Ontario Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Quebec Intervener Active
Canadian Taxpayers Federation Intervener Active
Canadian Environmental Law Association, Environmental Defence Canada Inc. and Sisters of Providence of St. Vincent de Paul Intervener Active
Saskatchewan Power Corporation and SaskEnergy Incorporated Intervener Active
International Emissions Trading Association Intervener Active
Progress Alberta Communications Limited Intervener Active
Oceans North Conservation Society 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
Assembly of First Nations Intervener Active
David Suzuki Foundation 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
Canada’s Ecofiscal Commission Intervener Active
Smart Prosperity Institute Intervener Active
Athabasca Chipewyan First Nation Intervener Active
Amnesty International Canada Intervener Active
Canadian Public Health Association Intervener Active
Thunderchild First Nation Intervener Active

Counsel

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 Canada

Counsel
Sharlene Telles-Langdon
Christine E. Mohr
Ned Djordjevic
J. Neil Goodridge
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 M. Rupar
Attorney General of Canada
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.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 New Brunswick

Counsel
Rachelle Standing
Rose Campbell
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: 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 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 Quebec

Counsel
Jean-Vincent Lacroix
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: 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: 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: 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: 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: 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: 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: Climate Justice Saskatoon, National Farmers Union, Saskatchewan Coalition for Sustainable Development, Saskatchewan Council for International Cooperation, Saskatchewan Environmental Society, SaskEV

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: 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: Assembly of First Nations

Counsel
Stuart Wuttke
Julie McGregor
Adam S.R. Williamson
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: 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: 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 Bosse
Power Law
1103-130 Albert St.
Ottawa, Ontario
Telephone: (613) 702-5573
Email: dbosse@powerlaw.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: 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: Athabasca Chipewyan First Nation

Counsel
Amir Attaran
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: 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: 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: 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 regulate - Whether the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186, is unconstitutional in whole or in part - 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 112/2019, the Lieutenant Governor in Council referred the following question to the Court of Appeal of Alberta pursuant to s. 26 of the Judicature Act, R.S.A. 2000, c. J-2:

Whether the Greenhouse Gas Pollution Pricing Act is unconstitutional in whole or in part.

A majority of the Court of Appeal for Alberta found that Parts 1 and 2 of the Act are unconstitutional in their entirety and declined to express any opinion on Parts 3 and 4. In concurring reasons, Wakeling J.A. came to the same conclusions as the majority, but for different reasons. In a dissenting opinion, Feehan J.A. would have found the Act constitutional.

Lower court rulings

February 24, 2020
Court of Appeal of Alberta (Edmonton)

1903-0157-AC, 2020 ABCA 74

Question submitted by the Government of Alberta by reference pursuant to Order in Council No. 112-2019 answered

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27