Docket

29508

The Attorney General of British Columbia, et al. v. Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton, et al.

(British Columbia) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2005-02-16 Appeal closed
2004-11-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-11-19 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA027600, dated October 9, 2002, heard on June 9, 2004 is allowed. The cross-appeal is dismissed.
The constitutional questions are answered as follows:
1. Do the definitions of "benefits" and "health care practitioners" in s. 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, and ss. 17-29 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to include services for autistic children based on applied behavioural analysis?
No.
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?
It is unnecessary to answer this question.
3. Do the definitions of "benefits" and "health care practitioners" in s. 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, and ss. 17-29 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, infringe s. 7 of the Canadian Charter of Rights and Freedoms by failing to include services for autistic children based on applied behavioural analysis?
No.
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?
It is unnecessary to answer this question.
Allowed
2004-11-19 Judgment on the cross-appeal rendered, CJ Ma Ba Bi LeB De F, The cross-appeal is dismissed.
Dismissed
2004-06-29 Transcription received, (132 paqes)
2004-06-10 Judgment reserved OR rendered with reasons to follow
2004-06-09 Hearing of the appeal, 2004-06-09, CJ Ma Ba Bi LeB De F
Judgment reserved
2004-06-09 Acknowledgement and consent for video taping of proceedings, from all parties
2004-06-09 Appellant's condensed book, (14 copies) The Attorney General of British Columbia
2004-06-07 Correspondence received from, Gowlings datée du 5 juin/04 re: error in their joint factum at page 20, paragraph 65 (sent to the judges June 7/04) Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-06-02 Notice of appearance, Isabelle Harnois will be attending at the hearing - confirmed by Noel & Ass. Attorney General of Quebec
2004-06-01 Notice of appearance, Ena Chadha, Dianne Wintermute, Elizabeth J. Shilton and Fay C. Faraday will be present at hearing. Canadian Association for Community Living ("CACL") and the Council of Canadians with Disabilities ("CCD")
2004-06-01 Notice of appearance, D. Geoffrey Cowper, Q.C. and Lisa Mrozinski will be present at hearing. The Attorney General of British Columbia
2004-05-28 Notice of appearance, Graham R. Garton will be present at hearing. Attorney General of Canada
2004-05-28 Notice of appearance, E.M. (Ellie) Venhola will be present at hearing. Families for Early Autism Treatment of Ontario ("FEAT Ontario")
2004-05-25 Notice of appearance, Gaetan Migneault - they will not be present at hearing, they are intervening by submission of factum only. Attorney General of New Brunswick
2004-05-17 Notice of withdrawal Attorney General of Manitoba
2004-05-10 Order on miscellaneous motion
2004-05-10 Decision on miscellaneous motion, to substitute the factum of the intervener FEAT Ontario and FEAT Alberta filed April 16/04 with a revised 20 page factum filed on May 5/04, LeB
Granted
2004-05-10 Submission of miscellaneous motion, LeB
2004-05-10 Order by, LeB, UPON APPLICATIONS by the Canadian Association for Community Living and the Council of Canadians with Disabilities, the Families for Early Autism Treatment of Ontario, the Families for Effective Autism Treatment of Alberta Foundation, the Autism Society Canada, the Women's Legal Education and Action Fund and the DisAbled Women's Network Canada, Ms. Michelle Dawson and the Friends of Children with Autism for leave to intervene in the above appeal and pursuant to the order of March 17, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal; Families for Early Austism Treatment of Ontario and the Families for Effective Autism Treatment of Alberta Foundation will be allowed to split a 15 minutes period, as they see fit and failing agreement, the period will be equally split.
Granted
2004-05-10 Response to miscellaneous motion, (Letter Form), from the Appellants (by e-mail), Completed on: 2004-05-10 The Attorney General of British Columbia
2004-05-07 Response to miscellaneous motion, from the respondents (by e-mail), Completed on: 2004-05-07 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-05-06 Correspondence received from, Janet L. Hutchison re: factum and oral argument Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-05-05 Notice of miscellaneous motion, to substitute their factum filed April 16/04 with a revised 20 page factum, Completed on: 2004-05-07 Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-04-28 Book of authorities, Completed on: 2004-04-29 Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-04-23 Notice of withdrawal, from Gowlings Attorney General for Saskatchewan
2004-04-21 Book of authorities, Completed on: 2004-04-21 Friends of Children with Autism ("FOCA")
2004-04-21 Order on motion to extend time
2004-04-21 Decision on motion to extend time, to serve and file the intervener, the Attorney General of Alberta's, factum and book of authorities to Mar. 31/04 and to present oral argument, LeB
Granted
2004-04-21 Order on motion to extend time
2004-04-21 Decision on motion to extend time, to serve the interverer, the Attorney General of Nova Scotia's, factum to Apr. 1/04 and to present oral argument, LeB
Granted
2004-04-21 Submission of motion to extend time, LeB
2004-04-21 Response to motion to extend time, The AG of BC does not oppose the motion (rec'd by email), Completed on: 2004-04-21 The Attorney General of British Columbia
2004-04-21 Response to motion to extend time, Respondents consent to Nova Schtia'a motion to extend time (rec'd by email), Completed on: 2004-04-21 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-04-19 Response to motion to extend time, AG of Ontario consent to the Amended Noticde of Motion, Completed on: 2004-04-19 Attorney General of Ontario
2004-04-19 Order on motion for leave to intervene, (BY LEBEL J.)
2004-04-19 Decision on the motion for leave to intervene, LeB, UPON APPLICATION by Alexander Barclay on his own behalf and on behalf of Patrick Barclay for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
This motion, which was filed after the dismissal of an application for leave to intervene by another intervener which attempted to raise similar issues, does not present a perspective and argument which would be useful to the Court in disposing of the present appeal as it is framed between the parties. For this reason, the motion is dismissed.
Dismissed
2004-04-16 Book of authorities, (Vol. I, II), Completed on: 2004-04-16 Canadian Association for Community Living ("CACL") and the Council of Canadians with Disabilities ("CCD")
2004-04-16 Intervener's factum, Completed on: 2004-04-16 Canadian Association for Community Living ("CACL") and the Council of Canadians with Disabilities ("CCD")
2004-04-16 Intervener's factum, (Joint) (AMENDED FACTUM filed May 5/04 - see decision of May 10/04), Completed on: 2004-04-16 Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-04-16 Book of authorities, Completed on: 2004-04-16 Autism Society Canada
2004-04-16 Intervener's factum, Completed on: 2004-04-16 Autism Society Canada
2004-04-16 Book of authorities, (Vol. I, II), Completed on: 2004-04-16 Women's Legal Education and Action Fund ("LEAF") and the DisAbled Women's Network Canada ("DAWN Canada")
2004-04-16 Intervener's factum, Completed on: 2004-04-16 Women's Legal Education and Action Fund ("LEAF") and the DisAbled Women's Network Canada ("DAWN Canada")
2004-04-16 Intervener's factum, Completed on: 2004-04-16 Michelle Dawson
2004-04-16 Intervener's factum, Completed on: 2004-04-16 Friends of Children with Autism ("FOCA")
2004-04-16 Submission of motion for leave to intervene, LeB
2004-04-15 Response to motion to extend time, AG of BC does not oppose Alberta's application to file by Mar. 31/04, Completed on: 2004-04-15 The Attorney General of British Columbia
2004-04-14 Reply to the motion for leave to intervene, (Letter Form), from Marie-France Major dated 04/14/04, Completed on: 2004-04-13 Alexander Barclay and Patrick Barclay
2004-04-13 Response to the motion for leave to intervene, (Letter Form), from Anne Marshall dated 04/13/04, Completed on: 2004-04-13 Canadian Association for Community Living ("CACL") and the Council of Canadians with Disabilities ("CCD")
2004-04-13 Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated 04/13/04, Completed on: 2004-04-13 The Attorney General of British Columbia
2004-04-13 Response to the motion for leave to intervene, (Letter Form), from H. Brown dated April 2, 2004, Completed on: 2004-04-05 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-04-08 Motion to extend time, (Amended) to file their factum to 04/01/04, Completed on: 2004-04-08 Attorney General of Nova Scotia
2004-04-08 Order on motion to extend time
2004-04-08 Decision on motion to extend time, to serve and file the appellants' factum on cross-appeal to Apr. 2/04, Reg
Granted
2004-04-08 Submission of motion to extend time, Reg
2004-04-05 Response to motion to extend time, (Letter Form), from H. Brown dated April 2, 2004 re: motion by A.G. B.C., Completed on: 2004-04-05 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-04-02 Respondent's book of authorities - cross appeal, Completed on: 2004-04-08 The Attorney General of British Columbia
2004-04-02 Respondent's factum - cross appeal, Completed on: 2004-04-08 The Attorney General of British Columbia
2004-04-01 Book of authorities, Completed on: 2004-04-01 Attorney General of Canada
2004-04-01 Intervener's factum - AG on constitutional question, Completed on: 2004-04-01 Attorney General of Canada
2004-04-01 Notice of hearing sent to parties
2004-03-31 Intervener's factum - AG on constitutional question, Completed on: 2004-04-14 Attorney General of Alberta
2004-03-31 Intervener's factum - AG on constitutional question, Completed on: 2004-03-31 Attorney General of Nova Scotia
2004-03-31 Book of authorities, Completed on: 2004-04-14 Attorney General of Alberta
2004-03-31 Appeal hearing scheduled, 2004-06-09, schedule for 2 days (previously Jan. 22/04 - Mar. 22/04 - May 18/04)
Judgment reserved
2004-03-30 Motion for leave to intervene, (joint with an extension of time)(bookform), Completed on: 2004-03-30 Alexander Barclay and Patrick Barclay
2004-03-26 Motion to extend time, to file the factum on cross-appeal to April 2, 2004, Completed on: 2004-03-26 The Attorney General of British Columbia
2004-03-24 Response to motion to extend time, (Letter Form), from H. Brown (e-mail) dated March 23, 2004 re: Alberta's motion, Completed on: 2004-03-24 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-03-23 Correspondence received from, R. Houston dated March 24, 2004 (fax copy) re: in response to Mr. Arvay's letter dated March 22, 2004 The Attorney General of British Columbia
2004-03-23 Correspondence received from, J. Arvay dated March 22, 2004 (fax copy) re: order of LeBel J. dated March 17, 2004 British Columbia Coalition of People with Disabilities (the "BCCPD")
2004-03-17 Book of authorities, (served on other interveners March 22/04), Completed on: 2004-03-17 Attorney General of Prince Edward Island
2004-03-17 Intervener's factum - AG on constitutional question, (served on other interveners March 22/04), Completed on: 2004-03-17 Attorney General of Prince Edward Island
2004-03-17 Motion to extend time, to serve and file factum and book of authorities to March 31/04, Completed on: 2004-03-17 Attorney General of Alberta
2004-03-17 Order on motion for leave to intervene, (BY LEBEL J.)
2004-03-17 Decision on the motion for leave to intervene, (revised March 23/04), LeB, After reviewing the material filed in support, it appears that not all these motions should be granted. I am of the view that the motion of the British Columbia Coalition of People with Disabilities, which belongs to the Council of Canadians with Disabilities, fails to indicate any distinct perspective which would be of assistance to the Court and should be dismissed. The applications of the Families for Early Autism Treatment of Ontario and the Families for Effective Autism Treatment of Alberta Foundation raise the same issues and the same perspectives. They should be granted leave to intervene, but will have to file a joint factum. The motion of the Society Making Autism Readily Treatable should not be allowed as it seeks to introduce new issues and additional evidence in the record. The other applications should be granted.
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the applicant, the Canadian Association for Community Living and the Council of Canadians with Disabilities, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 16, 2004.
The motions for leave to intervene by the applicants, the Families for Early Autism Treatment of Ontario and the Families for Effective Autism Treatment of Alberta Foundation, are granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length on or before April 16, 2004.
The motion for leave to intervene of the applicant, the Autism Society 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 April 16, 2004.
The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund and the DisAbled Women's Network 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 April 16, 2004.
The motion for leave to intervene of the applicant, Ms. Michelle Dawson, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 16, 2004.
The motion for leave to intervene of the applicant, the Friends of Children with Autism, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 16, 2004.
The motions for leave to intervene of the British Columbia Coalition of People with Disabilities and the Society Making Autism Readily Treatable are dismissed.
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 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 disbursemen
Allowed in part
2004-03-16 Intervener's factum - AG on constitutional question, Completed on: 2004-03-16 Attorney General of Quebec
2004-03-16 Book of authorities, Completed on: 2004-03-16 Attorney General of Quebec
2004-03-16 Intervener's factum - AG on constitutional question, Completed on: 2004-05-28 Attorney General of Ontario
2004-03-16 Book of authorities, Completed on: 2004-03-16 Attorney General of Ontario
2004-03-16 Submission of motion for leave to intervene, LeB
2004-03-16 Order on motion to extend time, (BY LEBEL J.)
2004-03-16 Decision on motion to extend time, LeB, extending the time to serve and file a notice of intervention of the A.G.N.S. to March 5, 2004, pursuant to subrule 61(4) of the Rules of the Supreme Court of Canada; to serve and file the factum to March 31, 2004 and to present an oral argument of 15 minutes at the hearing of the appeal
Granted
2004-03-16 Submission of motion to extend time, LeB
2004-03-16 Order on motion to extend time, (BY LEBEL J.)
2004-03-16 Decision on motion to extend time, LeB, to serve and file the intervener, A.G. P.E.I.'s notice of intervention to Feb. 2/04
Granted
2004-03-16 Submission of motion to extend time, LeB
2004-03-15 Intervener's factum - AG on constitutional question, Completed on: 2004-03-15 Attorney General of Newfoundland and Labrador
2004-03-15 Book of authorities, Completed on: 2004-03-15 Attorney General of Newfoundland and Labrador
2004-03-12 Respondent's book of authorities, (Vol. 1 to 3), Completed on: 2004-03-12 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-03-12 Appellant's factum - cross appeal, (Joint with Respondent's factum), Completed on: 2004-03-12 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-03-12 Respondent's factum, (Joint with cross-appeal), Completed on: 2004-03-12 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-03-12 Reply to the motion for leave to intervene, (Letter Form), from D.A. Crolla, Completed on: 2004-03-12 Autism Society Canada
2004-03-12 Reply to the motion for leave to intervene, (Letter Form), J.L. Hutchison dated March 11/04 - sent to Burke-Robertson by e-mail, Completed on: 2004-03-12 Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-03-12 Appeal perfected for hearing
2004-03-11 Reply to the motion for leave to intervene, (e-mail), Completed on: 2004-03-11 Canadian Association for Community Living ("CACL") and the Council of Canadians with Disabilities ("CCD")
2004-03-11 Reply to the motion for leave to intervene, (Letter Form), from M. Eberts (by fax), Completed on: 2004-03-11 Friends of Children with Autism ("FOCA")
2004-03-09 Reply to the motion for leave to intervene, (Letter Form), M.-F. Major, Completed on: 2004-03-09 British Columbia Coalition of People with Disabilities (the "BCCPD")
2004-03-08 Reply to the motion for leave to intervene, (Letter Form), F. Sampson (by fax), Completed on: 2004-03-08 Women's Legal Education and Action Fund ("LEAF") and the DisAbled Women's Network Canada ("DAWN Canada")
2004-03-05 Notice of intervention respecting a constitutional question, (see order of 03/16/04) Attorney General of Nova Scotia
2004-03-05 Reply to the motion for leave to intervene, re: Appellants and Respondents' responses, Completed on: 2004-03-05 Michelle Dawson
2004-03-05 Reply to the motion for leave to intervene, re: to the Appellants' response, Completed on: 2004-03-05 Families for Early Autism Treatment of Ontario ("FEAT Ontario")
2004-03-04 Book of authorities, (served on other interveners March 22/04), Completed on: 2004-03-04 Attorney General of New Brunswick
2004-03-04 Intervener's factum - AG on constitutional question, (served on other interveners March 22/04), Completed on: 2004-03-04 Attorney General of New Brunswick
2004-03-04 Response to the motion for leave to intervene, (Letter Form), from Gowlings to "FEAT Ontario"s motion, Completed on: 2004-03-04 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-03-03 Reply to the motion for leave to intervene, Completed on: 2004-03-03 Society Making Autism Readily Treatable
2004-03-03 Response to motion to extend time, from Gowlings to A.G. of Nova Scotia's motion (by fax), Completed on: 2004-03-03 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-03-03 Response to motion to extend time, (Letter Form), to P.E.I. (by e-mail), Completed on: 2004-03-03 The Attorney General of British Columbia
2004-03-01 Response to the motion for leave to intervene, (Letter Form), from R.E. Houston, Q.C. (by fax), Completed on: 2004-03-01 The Attorney General of British Columbia
2004-02-26 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. re: in response to 8 motions to intervene, Completed on: 2004-02-26 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-02-25 Response to motion to extend time, (Letter Form), from K.L. Collins (by e-mail) re: A.G. of Nova Scotia's motion, Completed on: 2004-02-25 The Attorney General of British Columbia
2004-02-24 Motion to extend time, to file a Notice of Intervention Respecting Constitutional Question to March 5/04, Completed on: 2004-02-24 Attorney General of Nova Scotia
2004-02-20 Motion for leave to intervene, (motion to extend time filed Feb. 12/04) (book form), Completed on: 2004-02-20 Families for Early Autism Treatment of Ontario ("FEAT Ontario")
2004-02-16 Motion for leave to intervene, book form (also, 3 copies of the proposed factum), Completed on: 2004-02-16 Friends of Children with Autism ("FOCA")
2004-02-13 Motion for leave to intervene, book form, Completed on: 2004-02-13 Families for Effective Autism Treatment of Alberta Foundation ("FEAT Alberta")
2004-02-13 Motion for leave to intervene, book form, Completed on: 2004-02-13 Michelle Dawson
2004-02-13 Motion to adduce new evidence, (affidavits of Dr. Gerald Shook and Dr. Suzanne Jacobsen)(joint) (dismissed intervener's status), Completed on: 2004-02-13 Society Making Autism Readily Treatable
2004-02-13 Motion for leave to intervene, (joint with new evidence's motion) (dismissed intervener's status), Completed on: 2004-02-13 Society Making Autism Readily Treatable
2004-02-13 Motion for leave to intervene, book form, Completed on: 2004-02-13 Women's Legal Education and Action Fund ("LEAF") and the DisAbled Women's Network Canada ("DAWN Canada")
2004-02-12 Motion to extend time, to file the Notice of Motion for Intervention to Feb. 20/04, Completed on: 2004-02-12 Families for Early Autism Treatment of Ontario ("FEAT Ontario")
2004-02-12 Motion for leave to intervene, book form, Completed on: 2004-02-12 Autism Society Canada
2004-02-12 Motion for leave to intervene, book form, Completed on: 2004-02-12 Canadian Association for Community Living ("CACL") and the Council of Canadians with Disabilities ("CCD")
2004-02-12 Motion for leave to intervene, Completed on: 2004-02-12 British Columbia Coalition of People with Disabilities (the "BCCPD")
2004-02-05 Response to motion to extend time, (Letter Form), from Gowlings dated Feb. 5, 2004 (via e-mail), Completed on: 2004-02-05 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-02-02 Motion to extend time, to file the notice of intervention to Feb. 2, 2004 (2 copies), Completed on: 2004-02-02 Attorney General of Prince Edward Island
2004-02-02 Notice of intervention respecting a constitutional question Attorney General of Prince Edward Island
2004-01-21 Decision on motion to extend time, to serve and file the appellants record, factum and book of authorities to Jan. 16/04, Reg
Granted
2004-01-21 Submission of motion to extend time, Reg
2004-01-21 Order on motion to adduce new evidence, (BY MAJOR J.)
2004-01-21 Decision on motion to adduce new evidence, Ma, 1) The application to adduce fresh evidence be deferred to the hearing of the appeal.
2) It is further ordered that should the appellant proceed with the application, the time used in so doing will be considered as part of the time allocated to counsel for the appellants at the hearing of the appeal.
Referred
2004-01-20 Submission of motion to adduce new evidence, Ma
2004-01-16 Appellant's book of authorities, Vol. I & II, Completed on: 2004-01-16 The Attorney General of British Columbia
2004-01-16 Appellant's record, Vol. I to XXX (25 copies of Vol. I & II - 13 copies of vol. III to XIII and 12 copies of vol. XIV to XXX (vol. XXX is the Index book)), Completed on: 2004-01-20 The Attorney General of British Columbia
2004-01-16 Appellant's factum, Completed on: 2004-01-16 The Attorney General of British Columbia
2004-01-16 Reply to motion to adduce new evidence, (sent to the judges June 3/04), Completed on: 2004-01-16 The Attorney General of British Columbia
2004-01-14 Response to motion to extend time, (Letter Form), from H. Brown dated Jan. 13, 2004, Completed on: 2004-01-14 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2004-01-13 Appellant's book of authorities, 2 vol., Completed on: 2004-01-13 The Attorney General of British Columbia
2004-01-09 Motion to extend time, to file the factum, record and authorities to Jan. 16, 2004, Completed on: 2004-01-09 The Attorney General of British Columbia
2003-12-29 Affidavit, of Kimberley Versteeg re: response to motion to adduce new evidence (3 copies - book form) (sent to the judges June 3/04) Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-12-29 Affidavit, of Jonathan Strug re: response to motion to adduce new evidence (3 copies - book form) (sent to the judges June 3/04) Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-12-29 Response to the motion to adduce new evidence, (book form) (sent to the judges June 3/04), Completed on: 2003-12-29 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-12-24 Motion to extend time, to file the factum, record and authorities to Jan. 9, 2004 (see further motion filed n Jan. 9, 2004), Completed on: 2003-12-24 The Attorney General of British Columbia
2003-12-12 Motion to adduce new evidence, vol. 1 and 2 - 9 extra copies rec'd Feb. 5/04 (sent to the judges June 3/04), Completed on: 2003-12-12 The Attorney General of British Columbia
2003-12-03 Decision on motion to extend time, to serve a notice of intervention of the Attorney General of Canada to Nov. 14/03, Reg
Granted
2003-12-03 Submission of motion to extend time, Reg
2003-12-02 Response to motion to extend time, (Letter Form), Completed on: 2003-12-02 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-11-18 Response to motion to extend time, (by e-mail), Completed on: 2003-11-18 The Attorney General of British Columbia
2003-11-14 Motion to extend time, to serve the Notice of intervention respecting a constitutional question, Completed on: 2003-11-14 Attorney General of Canada
2003-10-29 Notice of intervention respecting a constitutional question Attorney General of Newfoundland and Labrador
2003-10-29 Notice of intervention respecting a constitutional question Attorney General for Saskatchewan
2003-10-29 Notice of intervention respecting a constitutional question Attorney General of Alberta
2003-10-28 Notice of intervention respecting a constitutional question, (served by fax Nov. 14/03) Attorney General of Canada
2003-10-28 Notice of intervention respecting a constitutional question Attorney General of Ontario
2003-10-28 Notice of intervention respecting a constitutional question Attorney General of Quebec
2003-10-24 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2003-10-17 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2003-10-01 Notice of constitutional question(s) The Attorney General of British Columbia
2003-09-30 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2003-09-30 Decision on the motion to state a constitutional question, CJ, Do the definitions of "benefits" and "health care practitioners" in s. 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, and ss. 17-29 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to include services for autistic children based on applied behavioural analysis?

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. Do the definitions of "benefits" and "health care practitioners" in s. 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, and ss. 17-29 of the Medical and Health Care Services Regulation, B.C. Reg. 426/97, infringe s. 7 of the Canadian Charter of Rights and Freedoms by failing to include services for autistic children based on applied behavioural analysis?

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
2003-09-18 Response to the motion to state a constitutional question, Completed on: 2003-09-18 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-09-12 Correspondence received from, R. Houston dated Sept. 12, 2003 re: reply to the const. questions posed by CJ The Attorney General of British Columbia
2003-09-09 Correspondence received from, H. Brown dated Sept. 9, 2003 re: answering to the Registrar's letter dated Aug. 29, 2003 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-09-02 Correspondence received from, Burke-Robertson dated Sept. 2, 2003 (fax copy) re: further submissions with respect to the proposed const. questions by Sept. 12, 2003 The Attorney General of British Columbia
2003-08-29 Correspondence (sent by the Court) to, all parties re: proposed constitutional questions; written submissions by Sept. 5
2003-07-18 Submission of motion to state a constitutional question, CJ
2003-07-02 Reply to the motion to state a constitutional question, 2 copies, Completed on: 2003-07-02 The Attorney General of British Columbia
2003-06-26 Response to the motion to state a constitutional question, Completed on: 2003-06-26 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-06-16 Motion to state a constitutional question, Completed on: 2003-06-16 The Attorney General of British Columbia
2003-06-16 Notice of appeal, Completed on: 2003-06-16 The Attorney General of British Columbia
2003-05-30 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-05-20 Judgment on leave sent to the parties
2003-05-15 Decision on the application for leave to cross-appeal, Ia Bi LeB
Granted
2003-05-15 Decision on the application for leave to appeal, Ia Bi LeB, The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA027600, dated October 9, 2002, are granted.

Granted
2003-04-22 All materials on application for leave submitted to the Judges, Ia Bi LeB
2003-04-22 All material on the application for leave to cross-appeal submitted to the Judges, Ia Bi LeB
2003-02-06 Memorandum of argument in response to the cross-appeal, (joint), Completed on: 2003-02-06 The Attorney General of British Columbia
2003-02-06 Applicant's reply to respondent's argument, (joint with response to cross-appeal), Completed on: 2003-02-06 The Attorney General of British Columbia
2003-01-15 Letter acknowledging receipt of an incomplete application for leave to appeal
2003-01-07 Application for leave to cross-appeal, (joint with response to leave application/jointe à la réponse à la demande d'autorisation), Completed on: 2003-01-07 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2003-01-07 Respondent's response on the application for leave to appeal, (joint with motion to cross-appeal/jointe avec requête en appel-incident), Completed on: 2003-01-07 Connor Auton, an Infant, by his Guardian Ad Litem, Michelle Auton
2002-12-09 Application for leave to appeal, (formal order of C.A. received on Feb. 19, 2003), Completed on: 2003-02-24 The Attorney General of British Columbia