Senate Vacancies

On July 28, 2015, counsel for the respondents (Prime Minister, Governor General and Queen’s Privy Council for Canada) responded to Mr. Alani’s letter proposing to resolve the Senate Vacancies case by referring the legality of the Prime Minister’s recently announced moratorium on Senate appointments to the Supreme Court of Canada as follows: “Thank you for your letter of July 27, 2015. Please be advised that the respondents do not accept your offer to resolve your Federal Court application on the…

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On July 28, 2015, the Appellants’ Memorandum of Fact and Law was served in accordance with Rule 346(1) of the Federal Courts Rules on behalf of the Prime Minister and Governor General. The government’s written argument relates to the appeal of the Federal Court’s decision of May 21, 2015 in which Justice Sean Harrington declined the government’s request to dismiss the judicial review proceeding before a hearing on its merits. The respondent (Aniz Alani) must serve and file a responding Memorandum of…

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The complete record of affidavit evidence tendered by the parties in the Senate Vacancies judicial review proceeding has been produced and is now available for download. On June 23, 2015, the Applicant served the Affidavit of Aniz Alani and filed proof of service in accordance with Rule 306 of the Federal Courts Rules. On July 23, 2015, the Respondents served the Affidavit of Christopher Manfredi in accordance with Rule 307 of the Federal Courts Rules. An earlier affidavit was served on…

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On July 23, 2015, the Respondents served an affidavit sworn by Professor Christopher P. Manfredi, professor of Political Science at McGill University. Professor Manfredi was retained on behalf of the respondents to provide an expert opinion on the following questions: 1. Whether there is a constitutional convention in relation to the timing of Prime Ministerial advice on Senate appointments and, if so, the scope of this convention. 2. Whether there is a constitutional convention that the Prime Minister must advise…

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On July 14, 2015, the Honourable Justice Gagné dismissed the Applicant’s motion for an expedited hearing of the application for judicial review concerning the Prime Minister’s decision not to recommend the appointment of Senators to fill existing vacancies in the Senate. The Court declined to order costs of the motion. A copy of the Court’s Reasons for Order is available for download.

On June 30, 2015, the Honourable Justice Jocelyne Gagné heard arguments from Aniz Alani and lawyers from the Department of Justice on whether a hearing into the constitutionality of the Prime Minister’s refusal to appoint Senators should be scheduled before the October 19, 2015 federal election. Under the current default time limits in effect, the case would be ready to be heard once the government files its written arguments by September 29, 2015. Government lawyers are unavailable for a hearing between…

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On June 26, 2015, the Respondents filed their motion record containing written argument opposing the Applicant’s request to have the application for judicial review heard before the Federal election scheduled for October 19, 2015. The motion will be heard on June 30 in Vancouver.

On June 24, 2015, the Applicant served a motion record and book of authorities in support of a motion for an abridgment of time and an expedited hearing of the application for judicial review in respect of the Prime Minister’s refusal to appoint Senators to fill existing vacancies. The Applicant’s motion is scheduled to be heard at the Federal Court in Vancouver at 701 West Georgia Street (Pacific Centre) on Tuesday, June 30th at 9:30am. Court proceedings are open to…

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On June 30, 2015, the Federal Court will hear a motion to expedite the timeline for a judicial review of the Prime Minister’s apparent refusal to fill Senate vacancies so that the case can be heard ahead of the federal election scheduled to be held on October 19, 2015. A notice of motion to abridge time limits and set an early hearing date was served on government lawyers on June 17, 2015. The application for judicial review was first filed on…

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