Docket

32604

Attorney General of Quebec v. Canadian Owners and Pilots Association

(Quebec) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2010-11-01 Appeal closed
2010-10-18 Formal judgment sent to the registrar of the court of appeal and all parties
2010-10-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2010-10-15 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-005674-061, 2008 QCCA 427, dated March 4, 2008, heard on October 14, 2009, is dismissed with costs to the respondent, LeBel and Deschamps JJ. dissenting.
The constitutional questions are answered as follows:

1. Is the Act respecting the preservation of agricultural land and agricultural activities, R.S.Q., c. P-41.1, constitutionally inapplicable under the doctrine of interjurisdictional immunity to an aerodrome operated by the respondent?
Answer: Yes.
2. Is the Act respecting the preservation of agricultural land and agricultural activities, R.S.Q., c. P-41.1 constitutionally inoperative under the doctrine of federal legislative paramountcy, having regard to the Aeronautics Act, R.S.C. 1985, c. A-2, and the Canadian Aviation Regulations, SOR/96-433?
Answer: No.
Dismissed, with costs
2010-04-06 Correspondence received from, Bernard Letarte re: confirming he now represents the Attorney General of Canada - joint with 32608 (by fax) Attorney General of Canada
2009-11-03 Transcription received, (100 pages)
2009-10-14 Judgment reserved OR rendered with reasons to follow
2009-10-14 Intervener's condensed book, Submitted in Court - Joint with 32608 (14 copies) Greater Toronto Airports Authority
2009-10-14 Intervener's condensed book, Submitted in Court - Joint with 32608 (14 copies) Attorney General of Ontario
2009-10-14 Intervener's condensed book, Submitted in Court - Joint with 32608 (14 copies) Attorney General of Canada
2009-10-14 Respondent's condensed book, Submitted in Court - Joint with 32608 (14 copies) Canadian Owners and Pilots Association
2009-10-14 Appellant's condensed book, Submitted in Court - Joint with 32608 (14 copies) Attorney General of Quebec
2009-10-14 Acknowledgement and consent for video taping of proceedings, From all parties
2009-10-14 Hearing of the appeal, 2009-10-14, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2009-10-01 Notice of appearance, Pierre J. Beauchamp, Dan Cornell and Emma Beauchamp will be appearing, Pierre J. Beauchamp will be making the oral submissions in english. Canadian Owners and Pilots Association
2009-09-29 Notice of appearance, Louise Mousseau and Lisette Joly will be present at the hearing. Commission de protection du territoire agricole du Québec
2009-09-22 Order by, Cha, FURTHER TO THE ORDER dated July 9, 2009, granting leave to intervene to the Greater Toronto Airports Authority;

IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.

IT IS ALSO HEREBY FURTHER ORDERED THAT the said interveners, Commission de protection du territoire agricole du Québec and the City of Shawinigan, are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
Granted
2009-09-22 Order on motion to extend time
2009-09-22 Decision on motion to extend time, to serve and file the factum and book of authorities of the intervener, Greater Toronto Airports Authority, to Sept. 4/09 and to present oral argument at the hearing of these appeals, Cha
Granted
2009-09-22 Submission of motion to extend time, Cha
2009-09-18 Notice of appearance, Richard Butler and Jean Walters will be present at the hearing. Attorney General of British Columbia
2009-09-18 Notice of appearance, Hart Schwartz and Josh Hunter will be present at the hearing. Attorney General of Ontario
2009-09-17 Notice of appearance, Ginette Gobeil and Claude Joyal will be appearing Attorney General of Canada
2009-09-17 Response to motion to extend time, (Letter Form), from Pierre Landry dated Sept. 17/09, Completed on: 2009-09-17 Commission de protection du territoire agricole du Québec
2009-09-17 Notice of appearance, Mahmud Jamal will be present at the hearing. Greater Toronto Airports Authority
2009-09-14 Notice of appearance, Annie Pagé will be present at the hearing. City of Shawinigan
2009-09-14 Notice of appearance, Alain Gingras and Sébastien Rochette will be present at the hearing. Attorney General of Quebec
2009-09-14 Response to motion to extend time, (Letter Form), from Pierre Landry dated Sept. 14/09 (joint with 32608), Completed on: 2009-09-14 Attorney General of Quebec
2009-09-11 Response to motion to extend time, from Pierre J. Beauchamp dated Sept. 11/09 (joint with 32608), Completed on: 2009-09-11 Canadian Owners and Pilots Association
2009-09-09 Motion to extend time, to serve and file the intervener's factum and book of authorities to Sept. 4/09 and to present oral argument at the hearing (bookform) (joint with 32608), Completed on: 2009-09-09 Greater Toronto Airports Authority
2009-09-04 Intervener's book of authorities, Ext. of time requested - Rec'd on Sept. 9, 2009 (Joint with 32608), Completed on: 2009-09-09 Greater Toronto Airports Authority
2009-09-04 Intervener's factum, Ext. of time requested - Rec'd on Sept. 9, 2009 (Joint with 32608), Completed on: 2009-09-09 Greater Toronto Airports Authority
2009-09-04 Notice of appearance, Gaetan Migneault will be appearing Attorney General of New Brunswick
2009-08-28 Order on motion to extend time
2009-08-28 Decision on motion to extend time, to serve and file A.G.B.C.'s factum and book of authorities to August 13, 2009 and to present oral argument at the hearing of the appeals; and to file its Book of Authorities as printed, namely without the page numbering., Cha
Granted
2009-08-28 Submission of motion to extend time, Cha
2009-08-21 Motion to extend time, (Amended) to file the intervener's factum and authorities to Aug. 13/09, to permit the filing of the authorities without page numbering and to permit oral argument at the hearing of the appeals (joint with 32608), Completed on: 2009-08-21 Attorney General of British Columbia
2009-08-18 Response to motion to extend time, (Letter Form), from Frédérick Langlois dated Aug. 18/09, Completed on: 2009-08-18 Attorney General of Quebec
2009-08-13 Motion to extend time, to file the intervener's factum and authorities to Aug. 13/09 and to permit oral argument at the hearing of the appeals (joint with 32608) (SEE Amended motion filed Aug. 21/09), Completed on: 2009-08-13 Attorney General of British Columbia
2009-08-13 Intervener's book of authorities, Joint with 32608 - motion extension of time and page numbering rec'd - CD rec'd Aug. 20/09, Completed on: 2009-08-20 Attorney General of British Columbia
2009-08-13 Intervener's factum - AG on constitutional question, Joint with 32608 - motion extension of time rec'd - CD rec'd Aug. 20/09, Completed on: 2009-08-20 Attorney General of British Columbia
2009-08-13 Notice of hearing sent to parties
2009-08-11 Appeal hearing scheduled, 2009-10-14, (Starting time 9:00 a.m.)
Judgment reserved
2009-07-20 Intervener's book of authorities, Completed on: 2009-07-20 Attorney General of Ontario
2009-07-20 Intervener's factum - AG on constitutional question, Completed on: 2009-07-20 Attorney General of Ontario
2009-07-16 Intervener's book of authorities, Completed on: 2009-07-16 Attorney General of New Brunswick
2009-07-16 Intervener's factum - AG on constitutional question, Completed on: 2009-07-16 Attorney General of New Brunswick
2009-07-16 Intervener's book of authorities, Joint with 32608, Completed on: 2009-07-16 Attorney General of Canada
2009-07-16 Intervener's factum - AG on constitutional question, Joint with 32608 (3 volumes) - original service rec'd July 23/09, Completed on: 2009-07-16 Attorney General of Canada
2009-07-10 Letter sent to Intervener(s)
2009-07-09 Order on motion for leave to intervene, (BY CHARRON J.)
2009-07-09 Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Greater Toronto Airports Authority for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Greater Toronto Airports Authority are granted and the said intervener shall be entitled to serve and file a single joint factum not to exceed 10 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener 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 intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention.
Granted
2009-07-08 Submission of motion for leave to intervene, Cha
2009-06-30 Respondent's book of authorities, Completed on: 2009-06-30 Canadian Owners and Pilots Association
2009-06-30 Respondent's factum, Completed on: 2009-06-30 Canadian Owners and Pilots Association
2009-06-30 Correspondence received from, Justice Pierre Lortie re: will not be participating in the appeal (cc. to all parties - rec'd by fax) Pierre Lortie, juge de la Cour du Québec
2009-06-26 Correspondence received from, Pierre Bordeleau re: will not be filing a factum and supports the AGQ's factum (cc. to all parties and rec'd by fax) William Barber, Louise Barber, Rusty Barber, Louise Sokolik, Michel Sokolik, Berthe Ducasse, Jocelyne Galardo, Chantale Trépanier, and Bruce Shoor
2009-06-25 Correspondence received from, Jacques Lemieux re: will not be participating in the appeal (cc. to all parties and rec'd by fax) Tribunal administratif du Québec (section du territoire et de l'environnement)
2009-06-19 Appeal perfected for hearing
2009-06-17 Intervener's book of authorities, Completed on: 2009-06-17 Commission de protection du territoire agricole du Québec
2009-06-17 Intervener's factum, Completed on: 2009-06-17 Commission de protection du territoire agricole du Québec
2009-06-16 Intervener's book of authorities, Completed on: 2009-06-16 City of Shawinigan
2009-06-16 Intervener's factum, Completed on: 2009-06-16 City of Shawinigan
2009-06-10 Acknowledgement and consent for video taping of proceedings, Counsel for COPA consent
2009-06-10 Order on motion to extend time, (BY ABELLA J.)
2009-06-10 Decision on motion to extend time, Abe, The applicant, Canadian Owners and Pilots Association, shall be granted an extension of time to serve and file its factum, record and book of authorities to July 3, 2009.
Granted
2009-06-10 Order on motion to add or substitute parties, (BY ABELLA J.)
2009-06-10 Decision on motion to add or substitute parties, Abe, UPON APPLICATION by the applicant, Canadian Owners and Pilots Association, for an order that the applicant be added or substituted to the respondents, Bernard Laferrière and Sylvie Gervais;
THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted. The applicant, Canadian Owners and Pilots Association, shall be substituted to the respondents, Bernard Laferrière and Sylvie Gervais. The applicant shall be granted an extension of time to serve and file its factum, record and book of authorities to July 3, 2009.
Granted
2009-06-10 Submission of motion to extend time, Abe
2009-06-10 Submission of motion to add or substitute parties, Abe
2009-06-01 Correspondence received from, Noël & Associés by e-mail, re.: will not be responding to Motion to intervene by Greater Toronto Airports Authority Attorney General of Quebec
2009-05-21 Motion for leave to intervene, Completed on: 2009-05-21 Greater Toronto Airports Authority
2009-05-20 Response to motion to add or substitute parties, incl. in motion, Completed on: 2009-05-20 Attorney General of Canada
2009-05-20 Response to motion to add or substitute parties, incl. in motion, Completed on: 2009-05-20 Attorney General of Quebec
2009-05-20 Motion to extend time, to file and serve the Respondent's factum & Book of Authorities (included in Motion to add or substitute parties), Completed on: 2009-05-20 Canadian Owners and Pilots Association
2009-05-20 Motion to add or substitute parties, (Re: substitution by COPA as Respondent), Completed on: 2009-05-20 Canadian Owners and Pilots Association
2009-05-11 Notice of suggestion of death, of the respondent Bernard Laferrière
2009-04-24 Appellant's book of authorities, Completed on: 2009-04-24 Attorney General of Quebec
2009-04-24 Appellant's record, (2 volumes), Completed on: 2009-04-24 Attorney General of Quebec
2009-04-24 Appellant's factum, Completed on: 2009-04-24 Attorney General of Quebec
2009-03-27 Correspondence received from, P. Landry dated March 26/09 re: confirming he is acting as agent for the "Commission de protection du territoire agricole" (by fax) Commission de protection du territoire agricole du Québec
2009-03-02 Notice of intervention respecting a constitutional question Attorney General of Canada
2009-03-02 Notice of intervention respecting a constitutional question Attorney General of Ontario
2009-02-27 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2009-02-25 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2009-02-03 Notice of constitutional question(s), served on all AG Feb. 2/09 Attorney General of Quebec
2009-02-02 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2009-02-02 Decision on the motion to state a constitutional question, CJ, 1. Is the Act respecting the preservation of agricultural land and agricultural activities, R.S.Q., c. P-41.1, constitutionally inapplicable under the doctrine of interjurisdictional immunity to an aerodrome operated by the respondents?
2. Is the Act respecting the preservation of agricultural land and agricultural activities, R.S.Q., c. P-41.1, constitutionally inoperative under the doctrine of federal legislative paramountcy, having regard to the Aeronautics Act, R.S.C. 1985, c. A-2 and the Canadian Aviation Regulations, SOR/96-433?
IL EST EN OUTRE ORDONNÉ :
Les intervenants visés au paragraphe 61(4) des Règles de la Cour suprême du Canada disposent de 10 minutes pour la plaidoirie orale.
Granted
2009-01-26 Correspondence received from, Richard Gaudreau dated January 26, 2009 RE: will be acting as agent for the City of Shawinigan City of Shawinigan
2009-01-19 Order on motion to add or substitute parties
2009-01-19 Decision on motion to add or substitute parties, to substitute the Ville de Shawinigan for the Municipalitiés de comté Le-Centre-de-la-Mauricie and Municipalité de Saint-Gérard-des-Laurentides, DeRg
Granted
2009-01-15 Submission of motion to add or substitute parties, DeRg
2009-01-12 Submission of motion to state a constitutional question, CJ
2008-12-11 Notice of change of counsel, Annie Pagé will now replace Marc Lalonde City of Shawinigan
2008-12-11 Motion to add or substitute parties, (Re: substitution by City of Shawinigan as intervener), Completed on: 2008-12-11 City of Shawinigan
2008-12-09 Response to motion to add or substitute parties, (Letter Form), (by fax) dated Dec.8/08 Re: does not contest to the motion, Completed on: 2008-12-09 Attorney General of Quebec
2008-11-06 Correspondence received from, P. Bordeleau, dated Oct. 29/08 re: will not be filing a factum William Barber, Louise Barber, Rusty Barber, Louise Sokolik, Michel Sokolik, Berthe Ducasse, Jocelyne Galardo, Chantale Trépanier, and Bruce Shoor
2008-11-04 Motion to state a constitutional question, Completed on: 2008-11-04 Attorney General of Quebec
2008-11-03 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-10-31 Notice of appeal, Completed on: 2008-10-31 Attorney General of Quebec
2008-10-30 Correspondence received from, Ms. Major, by fax, dated Oct. 30/08 re: will be acting as agent for the respondents Bernard Laferrière
2008-10-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-10-17 Judgment on leave sent to the parties
2008-10-16 Decision on the application for leave to appeal, LeB De Cha, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-005674-061, 2008 QCCA 427, dated March 4, 2008, is granted without costs.
Granted, without costs
2008-09-15 All materials on application for leave submitted to the Judges, LeB De Cha
2008-06-23 Intervener's memorandum of argument on application for leave, (Letter Form), Will not be filing any material, Completed on: 2008-06-23 William Barber, Louise Barber, Rusty Barber, Louise Sokolik, Michel Sokolik, Berthe Ducasse, Jocelyne Galardo, Chantale Trépanier, and Bruce Shoor
2008-06-12 Applicant's reply to respondent's argument, (Letter Form), Will not be filing a reply, Completed on: 2008-06-12 Attorney General of Quebec
2008-05-30 Book of authorities Bernard Laferrière
2008-05-30 Respondent's response on the application for leave to appeal, Completed on: 2008-05-30 Bernard Laferrière
2008-05-06 Letter acknowledging receipt of a complete application for leave to appeal
2008-05-02 Book of authorities Attorney General of Quebec
2008-05-02 Application for leave to appeal, Completed on: 2008-05-02 Attorney General of Quebec