Cases
SCC Case Information
Docket
32186
Her Majesty the Queen in Right of the Province of Alberta v. Hutterian Brethren of Wilson Colony, et al.
(Alberta) (Civil) (By Leave)
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-10-21 | Appeal closed | |
| 2009-10-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-10-16 | Notice of deposit of judgment sent to all parties | |
| 2009-10-15 | Decision on the motion for a re-hearing of the appeal, CJ Bi LeB De F Abe Ro, The motion for an order returning the case to court of first instance, a stay of execution and re-hearing of the appeal is dismissed without costs. Dismissed, without costs |
|
| 2009-09-28 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ Bi LeB De F Abe Ro | |
| 2009-09-23 | Reply to the response to the motion for a re-hearing of the appeal | Hutterian Brethren of Wilson Colony |
| 2009-09-14 | Response to the motion for a re-hearing of the appeal, (Letter Form), from Albertos Polizogopoulos dated Sept. 14/09, Completed on: 2009-09-14 | Evangelical Fellowship of Canada and Christian Legal Fellowship |
| 2009-09-11 | Response to the motion for a re-hearing of the appeal, Completed on: 2009-09-11 | Attorney General of Canada |
| 2009-09-11 | Response to the motion for a re-hearing of the appeal, Completed on: 2009-09-14 | Her Majesty the Queen in Right of the Province of Alberta |
| 2009-08-27 | Motion for a re-hearing of the appeal, Completed on: 2009-08-28 | Hutterian Brethren of Wilson Colony |
| 2009-07-31 | Appeal closed | |
| 2009-07-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-07-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-07-24 | Judgment on the appeal rendered, CJ Bi LeB De F Abe Ro, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0601-0134-AC, 2007 ABCA 160, dated May 17, 2007, heard on October 7, 2008, is allowed, LeBel, Fish and Abella JJ. dissenting. The constitutional questions are answered as follows: 1. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 2(a) of the Canadian Charter of Rights and Freedoms? Answer: Yes. 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: Yes. LeBel, Fish and Abella JJ. would answer no. 3. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms? Answer: No. LeBel, Fish and Abella JJ. find it unnecessary to answer 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 under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is not necessary to answer this question. Allowed |
|
| 2008-10-22 | Transcription received, (99 pages) | |
| 2008-10-07 | Judgment reserved OR rendered with reasons to follow | |
| 2008-10-07 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of British Columbia |
| 2008-10-07 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2008-10-07 | Respondent's condensed book, Submitted in Court (14 copies) | Hutterian Brethren of Wilson Colony |
| 2008-10-07 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-10-07 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-10-07 | Hearing of the appeal, 2008-10-07, CJ Bi LeB De F Abe Ro Judgment reserved |
|
| 2008-09-30 | Notice of appearance, Donald Rennie and Sharlene Telles-Langdon will be present at the hearing. | Attorney General of Canada |
| 2008-09-29 | Order by, Ro, FURTHER TO THE ORDER dated August 22, 2008, granting leave to intervene to the Canadian Civil Liberties Association, the Ontario Human Rights Commission and the Evangelical Fellowship of Canada and Christian Legal Fellowship; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2008-09-24 | Notice of appearance, Kikee Malik and Brian Smith will be present at the hearing. | Ontario Human Rights Commission |
| 2008-09-24 | Notice of appearance, Roderick Wiltshire and Randy Steele will be present at the hearing. | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-09-22 | Intervener's book of authorities, Completed on: 2008-09-22 | Evangelical Fellowship of Canada and Christian Legal Fellowship |
| 2008-09-22 | Intervener's factum, Completed on: 2008-09-22 | Evangelical Fellowship of Canada and Christian Legal Fellowship |
| 2008-09-22 | Intervener's book of authorities, Completed on: 2008-09-22 | Ontario Human Rights Commission |
| 2008-09-22 | Intervener's factum, Completed on: 2008-09-22 | Ontario Human Rights Commission |
| 2008-09-22 | Notice of appearance, Charles Gibson, Albertos Polizogopoulos, Don Hutchinson and Faye Sonier and will be present at the hearing. | Evangelical Fellowship of Canada and Christian Legal Fellowship |
| 2008-09-22 | Notice of appearance, Isabelle Harnois will be present at the hearing. | Attorney General of Quebec |
| 2008-09-19 | Intervener's book of authorities, Completed on: 2008-09-19 | Canadian Civil Liberties Association |
| 2008-09-19 | Intervener's factum, Completed on: 2008-09-19 | Canadian Civil Liberties Association |
| 2008-09-18 | Notice of appearance, Mahmud Jamal, Colin Feasby and David Grossman will be present at the hearing. | Canadian Civil Liberties Association |
| 2008-09-16 | Notice of appearance, Gregory Senda will be present at the hearing. | Hutterian Brethren of Wilson Colony |
| 2008-09-16 | Notice of appearance, Leah Greathead and Tyna Mason will be present at the hearing. | Attorney General of British Columbia |
| 2008-09-16 | Notice of appearance, Robert Charney and Michael Doi will be present at the hearing. | Attorney General of Ontario |
| 2008-08-22 | Letter sent to Intervener(s) | |
| 2008-08-22 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2008-08-22 | Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Ontario Human Rights Commission and the Evangelical Fellowship of Canada and Christian Legal Fellowship for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Canadian Civil Liberties and the Ontario Human Rights Commission are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length. The motion for leave to intervene by the Evangelical Fellowship of Canada and Christian Legal Fellowship is granted and the said intervener shall be entitled to serve and file a single joint factum not to exceed 10 pages in length. The submissions should be confined to the issues as stated in the constitutional questions. The requests to present oral argument are 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 raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2008-08-22 | Submission of motion for leave to intervene, Ro | |
| 2008-08-22 | Notice of hearing sent to parties | |
| 2008-08-22 | Appeal hearing scheduled, 2008-10-07, (previously Oct, 8/08) Judgment reserved |
|
| 2008-08-15 | Correspondence received from, M-F. Major, dated Aug. 14/08; re: reserved seatings | Hutterian Brethren of Wilson Colony |
| 2008-07-28 | Response to the motion for leave to intervene, e-mail from Gowlings dated July 28/08, Completed on: 2008-07-28 | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-07-14 | Motion for leave to intervene, (joint with an extention of time) (bookform), Completed on: 2008-07-14 | Evangelical Fellowship of Canada and Christian Legal Fellowship |
| 2008-07-08 | Intervener's book of authorities, Completed on: 2008-07-08 | Attorney General of Canada |
| 2008-07-08 | Intervener's factum - AG on constitutional question, Completed on: 2008-07-08 | Attorney General of Canada |
| 2008-07-08 | Intervener's book of authorities, Completed on: 2008-07-08 | Attorney General of British Columbia |
| 2008-07-08 | Intervener's factum - AG on constitutional question, Completed on: 2008-07-08 | Attorney General of British Columbia |
| 2008-07-07 | Intervener's book of authorities, CD served on July 8/08, Completed on: 2008-08-15 | Attorney General of Ontario |
| 2008-07-07 | Intervener's factum - AG on constitutional question, Completed on: 2008-07-07 | Attorney General of Ontario |
| 2008-07-07 | Intervener's book of authorities, Completed on: 2008-07-07 | Attorney General of Quebec |
| 2008-07-07 | Intervener's factum - AG on constitutional question, Completed on: 2008-07-07 | Attorney General of Quebec |
| 2008-06-02 | Appeal perfected for hearing | |
| 2008-05-28 | Respondent's book of authorities, Completed on: 2008-05-28 | Hutterian Brethren of Wilson Colony |
| 2008-05-28 | Respondent's factum, Completed on: 2008-05-28 | Hutterian Brethren of Wilson Colony |
| 2008-05-15 | Correspondence received from, Mr. Senda dated May 14/08 re: request not to video tape the appeal (cc. to all parties) | Hutterian Brethren of Wilson Colony |
| 2008-05-14 | Response to the motion for leave to intervene, e-mail from Gowlings dated May 14/08 (by CCLA and OHRC), Completed on: 2008-05-14 | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-05-12 | Notice of withdrawal | Attorney General of New Brunswick |
| 2008-05-07 | Motion for leave to intervene, Completed on: 2008-05-07 | Ontario Human Rights Commission |
| 2008-05-07 | Motion for leave to intervene, (bookform), Completed on: 2008-05-07 | Canadian Civil Liberties Association |
| 2008-04-24 | Respondent's record, (1 Vol) CD filed, Completed on: 2008-04-24 | Hutterian Brethren of Wilson Colony |
| 2008-04-09 | Appellant's book of authorities, (CD filed - Form rec'd May 21/08), Completed on: 2008-04-16 | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-04-09 | Appellant's factum, (CD rec'd Apr. 9/08 - form rec'd May 21/08), Completed on: 2008-04-14 | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-02-29 | Appellant's record, (Vol. I to V - signed version of page 15, 32 and 55 rec'd Mar. 5/08), Completed on: 2008-02-29 | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-02-19 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2008-02-19 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2008-02-19 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2008-02-19 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2008-02-18 | Notice of intervention respecting a constitutional question, (service rec'd Feb. 20/08) | Attorney General of New Brunswick |
| 2008-01-22 | Notice of constitutional question(s), (served Jan. 22/08) | Her Majesty the Queen in Right of the Province of Alberta |
| 2008-01-16 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2008-01-16 | Decision on the motion to state a constitutional question, CJ, 1. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 2(a) 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 under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does s. 14(1)(b) of Alberta’s Operator Licensing and Vehicle Control Regulation, Alta. Reg. 320/2002, as amended by Alta. Reg. 137/2003, infringe s. 15(1) 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 under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2008-01-10 | Submission of motion to state a constitutional question, CJ | |
| 2008-01-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-01-03 | Motion to state a constitutional question, Completed on: 2008-01-03 | Her Majesty the Queen in Right of the Province of Alberta |
| 2007-12-03 | Notice of appeal, Completed on: 2007-12-03 | Her Majesty the Queen in Right of the Province of Alberta |
| 2007-11-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-11-30 | Judgment on leave sent to the parties | |
| 2007-11-29 | Decision on the application for leave to appeal, CJ F Ro, The application for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0601-0134-AC, 2007 ABCA 160, dated May 17, 2007, are granted. Granted |
|
| 2007-11-29 | Decision on motion to extend time to file and /or serve the leave application, CJ F Ro Granted |
|
| 2007-10-15 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-10-15 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2007-10-01 | Applicant's reply to respondent's argument, Completed on: 2007-10-01 | Her Majesty the Queen in Right of the Province of Alberta |
| 2007-09-20 | Respondent's response on the application for leave to appeal, Completed on: 2007-09-20 | Hutterian Brethren of Wilson Colony |
| 2007-09-04 | Motion to extend the time to file and or serve the application for leave to appeal, to Aug. 24/07 with consent, Completed on: 2007-09-04 | Her Majesty the Queen in Right of the Province of Alberta |
| 2007-08-28 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2007-08-24 | Application for leave to appeal, Ext. of time requested (rec'd on Sept. 4, 2007) and service missing (Rec'd on August 28, 2007)(Covers were changed on August 27, 2007) Original Affidavits filed on August 28, 2007, Completed on: 2007-09-05 | Hutterian Brethren of Wilson Colony |
