Wednesday, October 2, 2019, 12:30 p.m.
Conference Room 95, Supreme Court of Canada
Present
- David Power (Chair)
- Barbara Kincaid (Secretary)
- Renée Maria Tremblay
- Christopher Rupar
- Robert Houston, Q.C.
- David Debenham
- Karen Perron
- Marie-France Major
- Geoffrey Langen
- Moira Dillon
- François Lacasse
- Gordon Greenwood
- Corey Villeneuve
- David Taylor
1. Agenda
The agenda was approved.
2. Approval of the Minutes of the Meeting of June 19, 2019
The minutes were approved.
3. Rules
Barbara Kincaid explained that the next Rules amendments will be in 2020, to accompany the e-filing portal that the Court is currently developing. The amendments will necessarily include all rules that relate to the serving and filing of documents, because the parties will be completing these requirements through the portal. They will also include the rules that relate to the application for leave to appeal process and motions.
As Barbara explained, an application for leave to appeal could consist of the notice of application, memorandum of argument and lower court decisions only (no affidavits in support, copies of the Court of Appeal order(s), notice of name, etc.), which would reduce the volume of material filed, as in the Supreme Court of the United States. Barbara visited that court recently to learn from its experience with e-filing services.
Barbara also explained that the Court will be reviewing the draft Practice Directive on the scope of interventions that was discussed at the last CBA Committee meeting, which could then be issued around the time of the webinar on interventions that the CBA is planning to host.
4. Varia
a. Formulation of constitutional questions
François Lacasse noted a recent motion to quash a notice of constitutional issues. The Attorneys General continue to find the current rule problematic.
b. Allotment of speaking time
Chris Rupar noted that in recent cases, the parties were advised of their allotted speaking time very close to the hearing. If possible, he requested a minimum of two weeks’ notice; that would allow counsel to prepare effectively.
c. Interventions
Bob Houston raised a question about the role of interveners in procedural matters. It is unclear to what extent interveners are permitted to respond to motions. In his view, the role should be limited.
d. Winnipeg hearings
David Power reported on the Court’s visit to Winnipeg, which included hearing two appeals and various outreach activities.
One member of the Committee mentioned that he had difficulty with the live webcast of the hearings and that it appeared to freeze on his work and personal devices. This matter will be discussed with the SCC IT department.
e. Counsel listing on oral judgments
Barbara Kincaid updated the Committee that a template for the cover page of judgments pronounced from the bench has been adapted so that it will now list counsel. The new format will be used for any oral judgments issued in the Fall session. Feedback would be welcome.
5. Next Meeting
The next meeting will take place on Wednesday, December 4, 2019, at 12:30 p.m. Lunch will be served.