Wednesday, December 16, 2020, 12:30 p.m.
Video Conference, Supreme Court of Canada
Present
- David Power (Chair)
- Barbara Kincaid (Secretary)
- Renée Thériault
- Chantal Carbonneau
- Renée Maria Tremblay
- Sophie Arseneault
- Jeff Beedell
- Moira Dillon
- Gordon Greenwood
- Sylvie Labbé
- François Lacasse
- Geoffrey Langen
- Frédérick Langlois
- Marie-France Major
- Karen Perron
- Christopher Rupar
- Michael Sobkin
- David Taylor
- Gib van Ert
David welcomed Chantal Carbonneau as a new member of the COAPP committee. Chantal has been serving as Strategic Advisor to the Court since late October.
1. Agenda
The agenda was approved.
2. Approval of the Minutes of the meeting of October 21, 2020
The minutes were approved.
3. Guide to the 2021 Amendments to the Rules of the Supreme Court of Canada
Barbara Kincaid explained that the judges had recently signed the Rules amendments and that the Court will be publishing them in the Canada Gazette on January 6, 2021. As of that date, the Court will also be issuing a Notice to the profession about the amendments and posting on its website a guide to further explain these amendments. (The same guide was distributed to COAPP members in advance of this meeting.) Also, the Registry will be updating the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic) to include the amendments.
Barbara indicated that the amendments will come into force on January 27, 2021, and that they will apply to all cases, including filings as of that date in any ongoing cases.
4. Requirement for print copies of certain appeal documents
Barbara Kincaid explained that for the efficient conduct of appeal hearings, the judges require paper copies of the factums and any volume of the record containing Part I. The judges also require paper copies of the condensed book. They appreciate counsel’s cooperation in this regard.
Should parties have any difficulty in meeting these requirements or have any other concerns related to the appeal hearings, Barbara asked that they contact her or Renée Maria Tremblay.
5. Filing fees
A question arose at the previous October 21, 2020 meeting about whether filing fees since the onset of the pandemic in March will be payable. Barbara Kincaid explained that the Court has decided that they will be as of January 11, 2021. She indicated that parties can make payment by cheque or calling into the Registry, and she assured members that the Court will not delay a file because of a missing fee.
6. Varia
Barbara Kincaid explained that the Chief Justice has directed that, given the ongoing pandemic, all counsel must continue to appear by videoconference, using Zoom, for the hearings scheduled for early 2021. The Justices will be present in the Courtroom, and all proceedings will be livestreamed on the Court’s website.
Barbara indicated that the Registry will continue to provide headsets to counsel, which they should return following the hearing.
She also shared that Jill Sauvé of the Registry will be taking maternity leave as of early February.
COAPP members recognized Robert E. Houston, Q.C. on the occasion of his retirement for his long service to the Court as an Agent and as a member of this committee. Jeff Beedell’s tribute to Bob is attached to these minutes.
7. Next Meeting
The next meeting will be held on Wednesday, March 10, 2021, at 12:30 p.m.
Bob Houston’s Retirement
“I’m standing in today for my colleague, Bob Houston who had hoped to attend what would have been his last COAPP meeting. He has decided to retire at the end of this month. With your indulgence, I would like to say a few words.
A search of the Supreme Court of Canada judgments database tells me that Bob was first reported in the Supreme Court Reports in Morgan et al. v. A.G. (P.E.I.) et al., [1976] 2 S.C.R. 349, Judgment Date: 1975-06-26.
Bob appeared with Brian Squair as counsel before the full Laskin Court on behalf of the Attorney General of Manitoba. This was a case in which the Attorney General of Canada and the Attorneys General for all 9 other provinces intervened with respect to the constitutionality of PEI’s restrictions on non-resident land ownership. In 1975, interveners were called “intervenants” and the hearing took 4 days so it’s safe to say that the Attorneys General were each allowed more than 5 minutes podium time.
Link to Bob Houston Retirement
Called to the Bar in 1969, since at least 1975 Bob has had his hand in Supreme Court agency services including acting as Standing Agent for the Attorneys General of Ontario, British Columbia, Manitoba, and Newfoundland and Labrador. Throughout these 45 years or more, Bob has been the consummate Ottawa Agent: fiercely loyal to his clients, equally faithful to the Court, and always helpful and courteous to other Agents.
In addition to his Supreme Court agency practice, Bob carried on a broad civil litigation practice. He served as a director of The Advocates’ Society, a director of the Canadian Bar Association, and as president of the County of Carleton Law Association.
Please join me in recognizing the distinguished legal career of Robert E. Houston, Q.C. and, in particular, his contributions to our Court/Ottawa Agents Practice and Procedures Committee over many years.”
Jeff Beedell