Wednesday, October 20, 2021, 10:30 a.m.
Video Conference, Supreme Court of Canada
Present
- David Power (Chair)
- Barbara Kincaid (Secretary)
- Chantal Carbonneau
- Renée Thériault
- Renée Maria Tremblay
- Rob Frater, Q.C.
- Sylvie Labbé
- François Lacasse
- Marie-France Major
- Christopher Rupar
- Corey Villeneuve
- Marion Sandilands
- Geoffrey Langen
- Margaret Truesdale
- Lynne Watt
- Dylan Gibbs
- Gib van Ert
1. Agenda
The agenda was approved.
2. Approval of the Minutes of the meeting of June 16, 2021
The minutes were approved.
3. Impact of COVID-19 on Court processes
The pandemic continues to impact on Court processes.
For the fall session, hearings are proceeding in a hybrid manner with counsel appearing via videoconference (Zoom) and judges in the Courtroom. All hearings are livestreamed to the Court’s website.
The letter of directions issued to counsel in advance of the hearings no longer contains specific instructions as to the number of counsel who may be listed on the Notice of Appearance. Rule 71 continues to apply.
The Notice to the Profession of August 2020 remains in force. Pursuant to that Notice, all documents must be filed by email, with the original paper copies filed subsequently within a reasonable time. Paper copies of appeal factums, Part I of the appeal record, and condensed books must be filed according to the requirements of Rules 35, 36 and 37.
Given the additional time required to process cases during the pandemic, the Registry will provide counsel with a reference number on receipt of new cases. However, the time for filing a response only starts once the file is opened.
4. Interventions
The Notice to the Profession on interventions will be released in November. The CBA will host webinars on interventions following the release of the Notice. The webinar in English is on November 17, 2021 (“Appealing” SCC interventions) and the French webinar is on November 26, 2021 (Le grand appel des interventions devant la Cour suprême du Canada). Justice Côté will speak on behalf of the Court.
5. Varia
Margaret Truesdale noted recent challenges in obtaining acknowledgement of service from counsel who do not have agents. Others had similar experiences, and Lynne Watt said that the practice of the Registry of accepting e-mail receipts was helpful. François Lacasse observed that there have been issues with service of Notices of Constitutional Questions on Attorneys-General.
Rob Frater announced that this would be his last COAPP meeting, as he is retiring this fall. Rob shared his thoughts on the importance of this Committee, and was very appreciative of the opportunity to provide input into the processes of the Court and to make a difference. His colleagues François Lacasse and Chris Rupar paid tribute to Rob’s remarkable career and his significant contribution to the law – through more than 60 appearances at the Supreme Court of Canada on appeals, his mentoring of junior lawyers, his wise advice to his peers, and his writing, most notably on drug law. David Power responded on behalf of the Court that since 1991, Mr. Frater had appeared on several cases that have marked Canadian history. In all cases, he presented the Crown’s position with skill and authority. His participation and contribution to COAPP as well as the CBA Bench and Bar Liaison Committee were appreciated by all. Mr. Frater could truly be considered a “friend of the Court”.
Committee members gave Rob a round of applause and hearty good wishes for a happy retirement.
6. Next Meeting
The next meeting will be held on Wednesday, December 15, 2021, at 10:00 a.m.