Wednesday, June 14, 2023, 12:30 p.m.
Room 95 & Video Conference, Supreme Court of Canada
Present
- Chantal Carbonneau (Chair)
- Cristina Damiani
- Barbara Kincaid
- Emily Moreau (Secretary)
- Stéphanie Bachand
- Renée Maria Tremblay
- François Lacasse
- Gib van Ert
- D. Lynne Watt
- Sophie Arsenault
- Marion Sandilands
- Isabelle Bouchard
- Geoff Langen
- Jean-Simon Schoenholz
- Sylvie Labbé
- Nadia Effendi
- Moira Dillon
- Gordon B. Greenwood
- Marie-France Major
1. Agenda
The agenda was approved.
2. Approval of the Minutes of the meeting of March 8, 2023
The minutes were approved, following correction of a typo on p. 2.
3. Courtroom – Fall 2023 and ongoing
The Courtroom will be returned to its pre-pandemic configuration (all judges on one bench, all Plexiglas removed, capacity increased to 60 people, room at counsel tables for 12 lawyers). The reservation system for counsel requesting seats for their clients will be reinstated, and the website will be changed to reflect this. For members of the public, we will maintain the reservation system that was instated during the pandemic. For important hearings, an overflow section can be installed in Grand Hall to accommodate additional members of the public.
Counsel for interveners will continue to appear remotely for the Fall session. In response to comments about counsel for interveners not being able to see the whole bench when appearing on Zoom, tips for seeing the full bench will be published on the Court’s website. The return to a single bench should also make it easier for counsel to see all of the judges when pleading remotely.
Members are asked to direct any questions or suggestions relating to the Courtroom to Registry.
4. Follow-up from SCC/CBA Liaison Committee meeting
Interventions: The Court considered the request to return to the two-step process for granting interventions (i.e., grant leave to intervene, then grant time for oral argument once the factums have been filed), and decided to maintain the current one-step approach.
Pronunciation of counsel names: When Registry confirms appearances, they also confirm pronunciation of counsel names. Registry then provides the phonetic pronunciation of counsel names to the Court ahead of the hearing.
Expanding membership of SCC/CBA Committee: The Court will invite The Advocates’ Society and the Federation of Law Societies to join the Committee. The terms of reference of the Committee will be reviewed in light of these additions to its membership.
5. Amendments to the Rules of the Supreme Court of Canada
Emily Moreau provided an overview of the proposed amendments. Committee members are asked to submit any comments or questions by July 7, 2023. It is expected that the amendments will come into force sometime in 2024.
François Lacasse asked whether the proposed amendments include a return to having the Court formulate constitutional questions. Barbara Kincaid responded that it is not being considered in this round of amendments; however, the question is noted.
6. Varia
Feedback on the e-filing portal: Lynne Watt noted that “intervention motion” is a separate filing category from “motion”, and that staff often resort to using the “other” category for many documents (e.g., Form 14), as there is no distinct category for certain types of documents. Ms. Watt also observed that the only option for party status when filing a motion for leave to intervene is “intervener” (no “proposed intervener” option). However, Ms. Watt reports very positive feedback on the use of the e-filing portal: it is very quick to use, no material has been lost, and files are opened quickly.
New website: A committee is working on creating a new website for the Court, in order to make it more user-friendly and accessible. A survey may be sent out to committee members for input on potential improvements or changes for the website.
150th anniversary of the Court and move to West Memorial Building in 2025: The move to WMB is still planned for summer 2025, which coincides with the Court’s 150th anniversary. A committee is planning activities for the year, which will likely begin with a symposium. A reunion of past law clerks is also planned.
7. Next meeting
The next meeting will be held on Wednesday, September 13, 2023 at 12:30 p.m., in Room 95 and via Zoom.