Court Materials

Key court materials submitted in the judicial review proceedings will be posted here. Official copies of any materials may be obtained from the Federal Court or Federal Court of Appeal registry.

As well, a summary of entries made in the court file (T-2506-14) can be accessed through the Courts Administration Services website here. A summary of entries in the government’s appeal of the motion to strike (A-265-15) is available here.

A. Federal Court – Application for Judicial Review (T-2506-14)

i. Application for Judicial Review and Related Notices

• Notice of Application for Judicial Review (December 8, 2014)
• Amended Notice of Application (May 25, 2015)
• Notice to provincial and territorial attorneys general (December 27, 2014)
• Notice of Constitutional Question served on provincial and territorial attorneys general (June 11-12, 2015)
• Government advises Court by letter that no decision not to appoint Senators has been made and that accordingly no documents regarding such decision will be produced. (June 15, 2015)

ii. Written Arguments in Judicial Review Application

• Applicant’s Memorandum of Fact and Law (August 31, 2015)
  • Index to Book of Authorities (full contents of Application Record available here)
  • Supplemental Book of Authorities (filed June 3, 2016)
    • Dicey, A.V., Introduction to the Study of the Law of the Constitution, 10^th ed. (London, MacMillan, 1959), excerpt.
    • Heard, Andrew David, Canadian Constitutional Conventions: The Marriage of Law & Politics, 2^nd ed. (Toronto, Oxford, 2014), chapter 7 (excerpt)
    • Marshall, Geoffrey, Constitutional Conventions: The Rules and Forms of Political Accountability (New York, Oxford, 1989), chapter 1.
• Canada’s Memorandum of Fact and Law (September 21, 2015)

iii. Respondents’ (Canada’s) Motion to Strike

• Canada’s Motion to Strike Application for Judicial Review (January 15, 2015)
• Canada’s Motion Record (Motion to Strike) (February 13, 2015)
• Applicant’s Responding Motion Record (Motion to Strike), Book of Authorities (Volume I – 12MB, Volume II – 20MB) (March 19, 2015)
  • Applicant’s Supplementary Book of Authorities (containing Canadian Transit Company v. Windsor (Corporation of the City), 2015 FCA 88) (April 13, 2015)
• Certified copy of the court transcript of oral arguments on Respondents’ motion to strike
• Reasons for Order (English) (French) of Mr. Justice Sean Harrington dismissing Canada’s motion to strike. (May 21, 2015)

iv. Applicant’s Motion to Expedite Hearing before October 19th Election

• Notice of Motion for expedited hearing and abridgment of time limits (June 17, 2015)
• Applicant’s motion materials (including evidence, written argument, and case law) in support of motion for expedited hearing and abridgment of time limits served. Full motion materials available here. (June 24, 2015)
• Respondents’ motion materials opposing expedited hearing (June 26, 2015)
• Reasons for Order of Madam Justice Gagne declining to expedite hearing of judicial review application. (July 14, 2015)

v. Affidavit Evidence and Cross-Examination Transcripts for Use in Judicial Review Application

• Affidavit of Aniz Alani (June 23, 2015)
  • Transcript of Canada’s Cross-Examination of Aniz Alani
• Affidavit of Professor Christopher Manfredi (July 23, 2015)
  • Transcript of Mr. Alani’s Cross-Examination of Prof. Manfredi

v. Canada’s Motion to Dismiss Application for Mootness

• Canada’s Motion Record, filed May 16, 2016
  • Volume 1 (48MB) containing Notice of Motion, Affidavit of Lyse Cantin, Affidavit of Karen Wong, and Canada’s Written Representations
    • Extract: Written Representations of the Respondents
  • Volume 2 (6MB) containing authorities relied on by Respondents
• Applicant’s Responding Motion Record, filed June 1, 2016
  • Volume 1, containing copy of scheduling order and Applicant’s Written Representations
  • Volume 2, containing authorities relied on by Applicant

vi. Miscellaneous Correspondence and Orders

• Letter from Applicant to counsel for Canada proposing to refer constitutionality of Prime Minister’s moratorium on Senate Appointment to Supreme Court of Canada (July 27, 2015)
  • Counsel for Canada’s response declining settlement proposal (July 28, 2015)
• Letter from Applicant to Federal Court and counsel for Canada proposing postponement of judicial review application hearing pending outcome of Canada’s appeal (November 5, 2015)
  • Letter from counsel for Canada advising Court of no objection to Mr. Alani’s proposal (November 10, 2015)
  • Order of Federal Court postponing hearing of judicial review application pending outcome of Canada’s appeal (November 10, 2015)

B. Federal Court of Appeal – Review of Federal Court Decision Declining to Dismiss Case (A-265-15)

• Notice of Appeal of Justice Harrington’s order dismissing the motion to strike (May 29, 2015)
• Canada’s Memorandum of Fact and Law (July 28, 2015)
• Mr. Alani’s Memorandum of Fact and Law (August 27, 2015)
• Reasons for Judgment dismissing Canada’s appeal (January 25, 2016)