Cases
SCC Case Information
Docket
29113
Canadian Foundation for Children, Youth and the Law v. Attorney General in Right of Canada
(Ontario) (Criminal) (By Leave)
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-02-13 | Appeal closed | |
| 2004-02-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-01-30 | Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for Ontario, Number C34749, dated January 15, 2002, heard on June 6, 2003 is dismissed with the parties bearing their own costs throughout, Binnie J. dissenting in part, Arbour and Deschamps JJ. dissenting. The constitutional questions are answered as follows: 1. Does s. 43 of the Criminal Code, R.S.C. 1985, c. C-46, infringe the rights of children under s. 7 of the Canadian Charter of Rights and Freedoms? Answer: No. Arbour J. would answer yes. Deschamps J. would answer that it is unnecessary to decide this question. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to decide this question. Arbour J. would answer no. 3. Does s. 43 of the Criminal Code, R.S.C. 1985, c. C-46, infringe the rights of children under s. 12 of the Canadian Charter of Rights and Freedoms? Answer: No. Arbour and Deschamps JJ. would answer that it is unnecessary to decide this question. 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to decide this question. 5. Does s. 43 of the Criminal Code, R.S.C. 1985, c. C-46, infringe the rights of children under s. 15(1) of the Canadian Charter of Rights and Freedoms? Answer: No. Binnie and Deschamps JJ. would answer yes. Arbour J. would answer that it is unnecessary to decide this question. 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to decide this question. Binnie J. would answer yes in relation to parents and persons standing in the place of a parent, but no in relation to teachers. Deschamps J. would answer no. Dismissed |
|
| 2003-11-07 | Correspondence (sent by the Court) to, all counsels re: Lock-up | |
| 2003-09-30 | Correspondence received from, Paul B. Schabas re: Lock-up | Canadian Foundation for Children, Youth and the Law |
| 2003-09-18 | Correspondence received from, Roslyn Levine re: Lock-up | Attorney General in Right of Canada |
| 2003-09-09 | Correspondence (sent by the Court) to, counsel re: Media Lock-up | |
| 2003-06-25 | Transcription received, (109 pages) | |
| 2003-06-06 | Judgment reserved OR rendered with reasons to follow | |
| 2003-06-06 | Hearing of the appeal, 2003-06-06, (V054-055), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-06-06 | Book of authorities, (Condensed Book), Completed on: 2003-06-06 | Ontario Association of Children’s Aid Societies ("OACAS") |
| 2003-06-06 | Respondent's condensed book | Attorney General in Right of Canada |
| 2003-06-06 | Appellant's condensed book | Canadian Foundation for Children, Youth and the Law |
| 2003-06-06 | Acknowledgement and consent for video taping of proceedings | |
| 2003-06-03 | Notice of appearance, Canadian Teacher's Federation | The Canadian Teachers' Federation |
| 2003-06-02 | Notice of appearance, for Ontario Association of Children's Aid | Ontario Association of Children’s Aid Societies ("OACAS") |
| 2003-05-30 | Notice of appearance, for the Commission des droits de la personne et des droits de la jeunesse | Commission des droits de la personne et des droits de la jeunesse en son nom et au nom du Conseil canadien des organismes provinciaux de défense des droits des enfants et des jeunes |
| 2003-05-29 | Order by, Ma, IT IS HEREBY FURTHER ORDERED THAT the following interveners are granted permission to present oral argument at the hearing of the appeal not to exceed the time allowed respectively to each of them as follows: Ontario Association of Children's Aid Societies - 15 minutes Canadian Teachers' Federation - 15 minutes Focus on the Family (Canada) Association, Canada Family Action Coalition, the Home School Legal Defence Association of Canada and REAL Woman of Canada, together forming the Coalition for Family Autonomy - 10 minutes Child Welfare League of Canada / La Ligue pour le bien-être de l'enfance du Canada - 10 minutes Commission des droits de la personne et des droits de la jeunesse - 10 minutes Granted |
|
| 2003-05-26 | Book of authorities, (volume I and II), Completed on: 2003-05-26 | Child Welfare League of Canada |
| 2003-05-26 | Intervener's factum, Completed on: 2003-05-26 | Child Welfare League of Canada |
| 2003-05-26 | Book of authorities, Completed on: 2003-05-26 | The Canadian Teachers' Federation |
| 2003-05-26 | Intervener's factum, Completed on: 2003-05-26 | The Canadian Teachers' Federation |
| 2003-05-26 | Book of authorities, (volume I and II), Completed on: 2003-05-26 | Ontario Association of Children’s Aid Societies ("OACAS") |
| 2003-05-26 | Intervener's factum, Completed on: 2003-05-26 | Ontario Association of Children’s Aid Societies ("OACAS") |
| 2003-05-26 | Book of authorities, Completed on: 2003-05-27 | Coalition for Family Autonomy |
| 2003-05-26 | Intervener's factum, Completed on: 2003-05-27 | Coalition for Family Autonomy |
| 2003-05-26 | Book of authorities, Completed on: 2003-05-29 | Commission des droits de la personne et des droits de la jeunesse en son nom et au nom du Conseil canadien des organismes provinciaux de défense des droits des enfants et des jeunes |
| 2003-05-26 | Intervener's factum, Completed on: 2003-05-29 | Commission des droits de la personne et des droits de la jeunesse en son nom et au nom du Conseil canadien des organismes provinciaux de défense des droits des enfants et des jeunes |
| 2003-05-23 | Notice of appearance, for the Appellant | Canadian Foundation for Children, Youth and the Law |
| 2003-05-20 | Notice of appearance, for the Respondent | Attorney General in Right of Canada |
| 2003-05-16 | Correspondence received from, Richard Gaudreau dated 05/13/03 re: acts as Ottawa Agent | Commission des droits de la personne et des droits de la jeunesse en son nom et au nom du Conseil canadien des organismes provinciaux de défense des droits des enfants et des jeunes |
| 2003-05-09 | Respondent's book of authorities, vol. 1 to 3, Completed on: 2003-05-09 | Attorney General in Right of Canada |
| 2003-05-09 | Respondent's factum, Completed on: 2003-05-09 | Attorney General in Right of Canada |
| 2003-05-09 | Correspondence received from, R. Levine dated May 8, 2003 (fax copy) re: Respondent's record | Attorney General in Right of Canada |
| 2003-05-09 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2003-05-09 | Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicant, the Ontario Association of Children's Aid Societies, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length, on or before May 26, 2003. The motion for leave to intervene of the applicant, the Canadian Teachers' Federation, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length, on or before May 26, 2003. The motion for leave to intervene of the applicant, the Focus on the Family (Canada) Association, Canada Family Action Coalition, the Home School Legal Defence Association of Canada and REAL Woman of Canada, together forming the Coalition for Family Autonomy, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length, on or before May 26, 2003. The motion for leave to intervene of the applicant, the Child Welfare League of Canada / La Ligue pour le bien-être de l'enfance du Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length, on or before May 26, 2003. The motion for leave to intervene of the applicant, the Commission des droits de la personne et des droits de la jeunesse, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length, on or before May 26, 2003. The motion for leave to intervene of the applicant, the Saskatchewan Coalition for Children, is denied. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59 (1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted |
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| 2003-05-07 | Respondent's record, vol. 1 to 9, Completed on: 2003-05-07 | Attorney General in Right of Canada |
| 2003-05-07 | Submission of motion for leave to intervene, Ma | |
| 2003-05-07 | Reply to the motion for leave to intervene, (Letter Form), from A. John Beke dated 05/06/03, Completed on: 2003-05-07 | Saskatchewan Coalition for Children |
| 2003-05-06 | Reply to the motion for leave to intervene, (Letter Form), from Hélène Tessier dated 05/06/03, Completed on: 2003-05-06 | Commission des droits de la personne et des droits de la jeunesse en son nom et au nom du Conseil canadien des organismes provinciaux de défense des droits des enfants et des jeunes |
| 2003-05-05 | Response to the motion for leave to intervene, (Letter Form), R. Levine dated May 2, 2003 (fax copy) re: intervention by Comm. Droits de la Jeunesse, Completed on: 2003-05-05 | Attorney General in Right of Canada |
| 2003-05-02 | Response to the motion for leave to intervene, (Letter Form), from Roslyn J. Levine dated 05/02/03 re: intervention of Child Welfare League, Completed on: 2003-05-02 | Attorney General in Right of Canada |
| 2003-05-02 | Response to the motion for leave to intervene, (Letter Form), from Roslyn J. Levine, Q.C. dated 05/02/03 re: intervention of SK Coalition for Children, Completed on: 2003-05-02 | Attorney General in Right of Canada |
| 2003-04-30 | Response to the motion for leave to intervene, (Letter Form), from Paul Schabas dated 04/30/03 re: interventions of Commission des droits de la personne, Child Welfare League & SK Coalition of Children, Completed on: 2003-04-30 | Canadian Foundation for Children, Youth and the Law |
| 2003-04-25 | Motion for leave to intervene, (also enclosing memorandum of argument, affidavits of L. Elford, R. Martinook and T. Savaria), Completed on: 2003-04-25 | Saskatchewan Coalition for Children |
| 2003-04-24 | Reply to the motion for leave to intervene, (Letter Form), from D. Brown dated April 24, 2003 (fax copy), Completed on: 2003-04-24 | Coalition for Family Autonomy |
| 2003-04-24 | Response to the motion for leave to intervene, (Letter Form), from C. Milne dated April 24, 2003 (fax copy) re: intervention by Coalition, Completed on: 2003-04-24 | Canadian Foundation for Children, Youth and the Law |
| 2003-04-23 | Motion for leave to intervene, book form, Incomplete | Child Welfare League of Canada |
| 2003-04-23 | Motion for leave to intervene, book form, Completed on: 2003-04-25 | Commission des droits de la personne et des droits de la jeunesse en son nom et au nom du Conseil canadien des organismes provinciaux de défense des droits des enfants et des jeunes |
| 2003-04-08 | Motion for leave to intervene, book form, Completed on: 2003-04-08 | Coalition for Family Autonomy |
| 2003-04-04 | Correspondence received, from D. Brown of Coalition for Family Autonomy dated April 4, 2003 (fax copy) re: intends to file a motion to intervene by April 11, 2003 | |
| 2003-04-03 | Motion for leave to intervene, book form, Completed on: 2003-04-03 | The Canadian Teachers' Federation |
| 2003-03-28 | Response to the motion for leave to intervene, (Letter Form), from R. Levine dated March 21, 2003 re: intervention by OACAS, Completed on: 2003-03-28 | Attorney General in Right of Canada |
| 2003-03-28 | Response to the motion for leave to intervene, (Letter Form), from P. Schabas dated March 21, 2003 re: intervention by OACAS, Completed on: 2003-03-28 | Canadian Foundation for Children, Youth and the Law |
| 2003-03-28 | Motion for leave to intervene, book form, Completed on: 2003-03-28 | Ontario Association of Children’s Aid Societies ("OACAS") |
| 2003-03-28 | Appellant's book of authorities, vol. 1 to 3, Completed on: 2003-03-28 | Canadian Foundation for Children, Youth and the Law |
| 2003-03-28 | Appellant's factum, (see order), Completed on: 2003-03-28 | Canadian Foundation for Children, Youth and the Law |
| 2003-03-27 | Appellant's record, (see order) 24 copies of vol. 1 and 12 copies of vol. 2 to 10, Completed on: 2003-03-27 | Canadian Foundation for Children, Youth and the Law |
| 2003-03-17 | Notice of hearing sent to parties | |
| 2003-03-11 | Appeal perfected for hearing, Session beginning on 2003-04-07 | |
| 2003-03-05 | Correspondence received, G. Richard dated March 5, 2003 (fax copy) re: time to file a motion to intervene (intervention by Ont. Ass. of Children's Aid Societies)(original received on March 7, 2003) | |
| 2003-03-04 | Order by, CJ, IT IS ORDERED THAT: Pursuant to Rule 6 of the Rules of the Supreme Court of Canada, the delay to file the facta is abridged as follows: 1) The appellant's factum shall be served and filed on or before March 28, 2003; and 2) The respondent's factum shall be served and filed on or before May 9, 2003. IT IS FURTHER ORDERED THAT this appeal is scheduled to be heard on June 6, 2003. Granted |
|
| 2003-03-04 | Appeal hearing scheduled, 2003-06-06, (previously 06-11-03) Judgment reserved |
|
| 2003-01-16 | Correspondence received from, (fax) N. Adamson dated Jan. 16; re: notice of interventions to be filed by Feb. 7/03 | Canadian Foundation for Children, Youth and the Law |
| 2003-01-13 | Correspondence received, (fax) Allan O'Brien (The Canadian Teachers' Federation) dated Jan. 13; re: scheduling | |
| 2003-01-10 | Notice of constitutional question(s), (served on Jan. 10, 2003 to A.G's/signifié le 10-01-03 aux procureurs généraux | Canadian Foundation for Children, Youth and the Law |
| 2003-01-09 | Decision on the motion to state a constitutional question, Interventions by Feb 7, 2003 / Interventions par le 7 fév. 2003, CJ, Does s. 43 of the Criminal Code, R.S.C. 1985, c. C-46, infringe the rights of children under s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does s. 43 of the Criminal Code, R.S.C. 1985, c. C-46, infringe the rights of children under s. 12 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms? 5. Does s. 43 of the Criminal Code, R.S.C. 1985, c. C-46, infringe the rights of children under s. 15(1) of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society within the meaning of s. 1 of the Canadian Charter of Rights and Freedoms? Allowed in part |
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| 2002-12-16 | Submission of motion to state a constitutional question, CJ | |
| 2002-12-03 | Correspondence received from, Nelligan dated/datée 3-12-02 re: will be filing a motion to intervene in due course/déposera une requête en intervention sous peu | The Canadian Teachers' Federation |
| 2002-11-29 | Correspondence received from, R. Levine dated/en date du 29-11-02 (fax copy/télécopieur) re: response to Nelligan, O'Brien's letter dated Nov. 18, 2002/réponse à la lettre du 18-11-02 de Nelligan, O'Brien | Attorney General in Right of Canada |
| 2002-11-27 | Correspondence received, Allan O'Brien; hearing date - date d'audition | |
| 2002-11-27 | Response to the motion to state a constitutional question, (Letter Form), G. Scarcella dated/datée 27-11-02 (fax copy/télécopieur)(original 29-11-02), Completed on: 2002-11-27 | Attorney General in Right of Canada |
| 2002-11-21 | Correspondence received from, P. Schabas dated Nov. 21, 2002 (fax copy) re: in response to S. Welchner's letter dated Nov. 18, 2002 | Canadian Foundation for Children, Youth and the Law |
| 2002-11-19 | Correspondence received from, S. Welchner dated Nov. 18, 2002 re: Canadian Teachers' Federation shall be names as a Respondent | The Canadian Teachers' Federation |
| 2002-11-18 | Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 11/03) | |
| 2002-11-13 | Notice of appeal, (enclosing Form 25B), Completed on: 2002-11-13 | Canadian Foundation for Children, Youth and the Law |
| 2002-11-13 | Motion to state a constitutional question, Completed on: 2002-11-13 | Canadian Foundation for Children, Youth and the Law |
| 2002-10-31 | Correspondence received from, P. Schabas dated Oct. 31/02 (by fax) re: to correct spelling of his name | Canadian Foundation for Children, Youth and the Law |
| 2002-10-18 | Judgment on leave sent to the parties | |
| 2002-10-17 | Decision on the application for leave to appeal, CJ Ia Arb, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C34749, dated January 15, 2002, is granted. Granted |
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| 2002-08-01 | Correspondence received from, Roslyn J. Levine, Q.C. dated July 26/02 in response to Cheryl Milne's letter of June 28/02 (sent to the judges on July 29/02) | Attorney General in Right of Canada |
| 2002-07-15 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-07-04 | Correspondence received from, C. Milne, co-counsel, dated June 28, 2002 re: enclosing a report of "Convention on the rights of the child" (wait for respondent's position)(sent to the judges on July 24, 2002) | Canadian Foundation for Children, Youth and the Law |
| 2002-04-17 | Book of authorities, Completed on: 2002-04-17 | Canadian Foundation for Children, Youth and the Law |
| 2002-04-17 | Applicant's reply to respondent's argument, Completed on: 2002-04-17 | Canadian Foundation for Children, Youth and the Law |
| 2002-04-11 | Respondent's response on the application for leave to appeal, vol. 1 and 2, Completed on: 2002-04-11 | Attorney General in Right of Canada |
| 2002-04-09 | Correspondence received from, P. Schabas dated April 4, 2001 re: C. A. order will be forwarded shortly | Canadian Foundation for Children, Youth and the Law |
| 2002-04-03 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-03-14 | Application for leave to appeal, Vols I & II (missing formal trial court judgment and court of appeal order)(reasons for judgment of T.C. and signature of counsel received on April 9, 2002)(formal order of C.A. received April 15, 2002), Completed on: 2002-04-15 | Canadian Foundation for Children, Youth and the Law |
