Saskatchewan Indian Gaming Authority Inc. v. CAW-Canada, [2001] 1 S.C.R. 644, 2001 SCC 22
The Saskatchewan Indian Gaming Authority Inc. Applicant
v.
The National Automobile, Aerospace, Transportation
and General Workers Union of Canada (CAW-Canada) Respondent
and
The Saskatchewan Labour Relations Board Respondent
Indexed as: Saskatchewan Indian
Gaming Authority Inc. v. CAW-Canada
Neutral citation: 2001 SCC 22.
File No.: 28406.
2001: March 30.
Present: Binnie J.
motion seeking order directing service of application for leave to
appeal
Practice – Supreme Court of Canada -- Applications
for leave to appeal -- Service -- Meaning of term “party” -- Rules of the
Supreme Court of Canada, SOR/83-74, rr. 1, 23(1).
Statutes and Regulations Cited
Constitutional Questions Act, R.S.S. 1978, c. C-29, s. 8(9) [rep. & sub. 1983-84, c. 31, s.
2].
Rules of the Supreme Court of
Canada, SOR/83-74, rr. 1 “party”, 23(10) [rep.
& sub. SOR/91-347, s. 11].
MOTION seeking order directing service of application
for leave to appeal. Motion granted.
Written submissions by Thomson Irvine for the
Attorney General for Saskatchewan, applicant on the motion.
Written submissions by Jeffrey W. Beedell, for
the applicant the Saskatchewan Indian Gaming Authority Inc., respondent on the
motion.
Written submissions by Richard A. Engel, for
the respondent CAW-Canada.
Written submissions by Melanie Baldwin, for the
respondent the Saskatchewan Labour Relations Board.
The following order was delivered by
1
Binnie J. – The Attorney General for Saskatchewan seeks an order directing
the Saskatchewan Indian Gaming Authority Inc. to serve the Attorney General of
Saskatchewan with the application for leave to appeal in this
matter. Rule 23(10) provides that:
An applicant shall serve the application for leave on
the parties in the courts below and shall file the application for leave
with the Registrar within the time set out in paragraph 58(1)(a)
and subsection 58(2) of the Act or as extended pursuant to
subsection 59(1) of the Act. [Emphasis added.]
2
Rule 1 defines a party to include “an intervener unless the text
provides otherwise or unless the context does not so permit”. Section 8 of the
Constitutional Questions Act, R.S.S. 1978, ch. C-29, provides in subs.
(9) that where the Attorney General for Saskatchewan appears in a
proceeding before a court in Saskatchewan in respect to a Constitutional
Question “he is a party for the purposes of appeal from an adjudication therein
respecting the validity or applicability of a law or respecting entitlement to
a remedy”.
3
There is no doubt that the Saskatchewan Indian
Gaming Authority Inc. was required to serve the Attorney General
for Saskatchewan with the leave application to this Court. Accordingly an
order will go directing the applicant Saskatchewan Indian Gaming Authority Inc.
to serve the Attorney General for Saskatchewan with the application
for leave to appeal and any other materials that the applicant may subsequently
file in this matter, and permitting the Attorney General for Saskatchewan to
file his response within thirty days from the date of such service.
4
The Attorney General for Saskatchewan is entitled to his costs of this
motion in any event of the cause.
Motion granted.
Solicitor for the Attorney General for Saskatchewan, applicant on
the motion: The Deputy Attorney General, Regina.
Solicitors for the applicant the Saskatchewan Indian Gaming
Authority Inc., respondent on the motion: McDougall Gauley, Saskatoon.
Solicitors for the respondent CAW-Canada: Gerrand Rath
Johnson, Regina.
Solicitor for the respondent the Saskatchewan Labour Relations
Board: Melanie Balwin, Regina.
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