SCC File No. 37037 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF ONTARIO) BETWEEN: ATTORNEY GENERAL OF CANADA APPELLANT AND: LARRY PHILIP FONTAINE IN HIS PERSONAL CAPACITY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF AGNES MARY FONTAINE, DECEASED, ET AL. RESPONDENTS AND: THE PRIVACY COMMISSIONER OF CANADA, THE INFORMATION COMMISSIONER OF CANADA, AND THE COALITION TO PRESERVE TRUTH INTERVENERS FACTUM OF THE INTERVENERS, THE COALITION TO PRESERVE TRUTH (Pursuant to Rules 37 and 42 of the Rules of the Supreme Court of Canada) DEVLIN GAILUS WATSON SUPREME ADVOCACY LLP 2nd Floor, 736 Broughton Street 340 Gilmour St., Suite 100 Victoria, BC V8W 1E1 Ottawa, ON K2P 0R3 Christopher Devlin, John Gailus, & Eugene Meehan, Q.C. & Nicole Bresser Marie France Major Telephone: (250) 361-9469 Telephone: (613) 695-8855 Fax: (250) 361-9429 Fax: (613) 695-8580 Email:
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[email protected] [email protected] Counsel for the Interveners, Coalition to Preserve Truth Ottawa Agent for the Interveners, Coalition to Preserve Truth Respondents continued MICHELLINE ARNMAQ, PERCY ARCHIE, CHARLES BAXTER SR., ELIJAH BAXTER, EVELYN BAXTER, DONALD BELCOURT, NORA BERNARD, JOHN BOSUM, JANET BREWSTER, RHONDA BUFFALO, ERNESTINE CAIBAIOSAI-GIDRNARK, MICHAEL CARPAN, BRENDA CYR, DEANNA CYR, MALCOLM DAWSON, ANN DENE,BENNY DOCTOR, LUCY DOCTOR, JAMES FONTAINE IN HIS PERSONAL CAPACITY AND IN HIS CAPACITY AS THE EXECUTOR OF THE ESTATE OF AGNES MARY FONTAINE, DECEASED, VINCENT BRADLEY FONTAINE, DANA EVA MARIE