Chronology

Chronology

September 6, 2012: Last time the Senate held a full complement of 105 Senators.

March 25, 2013: Last time someone was appointed to the Senate during Prime Minister Harper’s term in office.

April 25, 2014: Supreme Court of Canada releases its unanimous judgment in the Senate Reform Reference. The Court rejected the Attorney General of Canada’s arguments that the Parliament of Canada, acting unilaterally under section 44 of the Constitution Act, 1982 could change the duration of senatorial terms or implement consultative elections.

December 4, 2015: Prime Minister Stephen Harper responds to question about when he plans to fill the 16 existing Senate vacancies, indicating that he is in no rush to do so.

December 8, 2015: Aniz Alani files application for judicial review in Federal Court (File T-2506-14) seeking declaration that the Prime Minister is required to advise the Governor General to fill Senate vacancies within a reasonable time after a vacancy occurs.

January 15, 2015: Attorney General of Canada, on behalf of the Respondents (Prime Minister and Governor General), files motion to strike the notice of application.

January 30, 2015: Chief Justice Crampton sets timetable for hearing of motion to strike, orders that proceeding continue as a specially managed proceeding, and assigns Prothonotary Roger R. Lafrenière as case management judge.

February 13, 2015: Attorney General of Canada files written arguments in support of motion to strike notice of application.

February 16, 2015: Case Management Judge dismisses informal request that the motion to strike be adjourned and heard at the same time as the application for judicial review.

March 19, 2015: Aniz Alani files written arguments in opposition to motion to strike.

April 23, 2015: Federal Court hears oral arguments on whether the application for judicial review can proceed at 3rd floor, 701 Georgia Street West, Vancouver, BC. A transcript of the court hearing is available here.

May 21, 2015: Mr. Justice Sean Harrington issues written reasons dismissing the Attorney General’s motion to strike the application for judicial review. As a result, the judicial review will proceed to a hearing on the merits.

May 25, 2015: Aniz Alani files and serves an Amended Notice of Application in accordance with the Reasons for Order of Harrington J. issued May 21, 2015.

May 29, 2015: Government appeals dismissal of motion to strike to the Federal Court of Appeal.

June 1, 2015: A case management conference was held to discuss the timetable for remaining steps in the proceeding. Deadline for transmitting tribunal record set to June 15, 2015. Applicant’s affidavits to be served by June 24, 2015. The government must advise the Court by June 8, 2015 of the time it anticipates being required to prepare affidavits.

June 9, 2015: By case management order, the time limit for the respondents to serve affidavits was extended, on consent, to July 31, 2015. Subsequent steps are to be completed within the time limit set out in the Rules unless otherwise ordered by the case management judge.

June 15, 2015: Prime Minister advises Court via counsel that there will be no record produced as there was no decision not to recommend to the Governor General that Senate appointments be made.

June 17, 2015: Applicant files notice of motion to expedite hearing and abridge time limits to accommodate hearing of application before October 19th election.

June 24, 2015: Applicant serves materials in support of motion for expedited hearing of application.

June 26, 2015: Respondents serve materials opposing motion for expedited hearing.

June 30, 2015: Court hears oral arguments on Applicant’s motion for expedited hearing and abridgment of time limits. Justice Gagné reserves her ruling.

July 14, 2015: Court declines to expedite timeline to accommodate judicial review hearing before October 19, 2015 election.

August 31, 2015: Applicant files Application Record containing supporting affidavit materials, cross-examination transcripts, and written argument.

September 21, 2015: Government files responding Application Record containing supporting affidavit materials, cross-examination transcripts, and written argument.

October 21, 2015: Federal Court schedules two day hearing of judicial review application for December 9-10, 2015.

November 10, 2015: At Applicant’s request, Federal Court postpones hearing of judicial review application pending outcome of Canada’s appeal of unsuccessful motion to strike.

January 25, 2016: Federal Court of Appeal unanimously dismisses Canada’s appeal from its unsuccessful motion to strike.

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