(Disponible uniquement en anglais)
April 20, 1998, 10:00 a.m.
Conference call
Participants
- Vincent O’Donnell, Lavery de Billy
- Doug Stollery, Q.C., Reynolds, Mirth, Richards & Farmer
- Shawn Greenberg, Department of Justice
- Eugene Meehan, Lang Michener
- Robert Frater, Department of Justice
- Joan Bercovitch, CBA National Office
Regrets
- Lois Skanes, Williams, Roebothan, McKay & Marshall
1. Rule 32: Notice of Constitutional Questions in SCC Appeals
Robert Frater reviewed the document on Rule 32 that he had prepared for the Committee’s benefit. The issue to be addressed is what type of notice should be given of this stating of constitutional questions to whom and how. Should such notice be available only to Attorneys General? To the public? A related issue is the question of who has right to intervene in what type of questions. The Committee agreed that further consultation was required on Rule 32 with the Criminal Justice Section, the Constitutional & Human Rights Law Section, and the Standing Committee on Equality.
Action: Joan will send an urgent fax to the Chairs of those sections and Committees including the paper that was prepared by Robert Frater as well as Madam Justice McLachlin’s paper. The Committee Chairs will be asked to either phone or fax their comments on those papers to Eugene Meehan.
Doug Stollery will contact Leif to determine how they are advised about cases before the SCC. Doug and Joan will also discuss the way in which the CBA receives notice of such cases.
2. Project 2000
The Committee is unclear of the status of Project 2000. The CBA membership of the Committee will be discussed at the face-to-face meeting of the Committee prior to the meeting with the Court.
3. Electronic Appeals
The Committee discussed the status of various courts of appeal on the issue of electronic appeals.
Action: Vince will inquire into the progress of the Quebec Court of Appeal on the electronic appeals. Doug Stollery will do the same with the Alberta Court of Appeal.
4. Moment of Silence
The Committee agreed that it would request that a moment of silence for the late Mr. Justice Sopinka will be requested at the beginning of the meeting with the Court.