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File No.: 38921 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO)

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File No.: 38921 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO) File No.: 38921 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: CITY OF TORONTO Appellant (Respondent in the Court of Appeal) - and- ATTORNEY GENERAL OF ONTARIO Respondent (Appellant in the Court of Appeal) -and- TORONTO DISTRICT SCHOOL BOARD Intervener (Intervener in the Court of Appeal) -and- ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL OF CANADA Interveners FACTUM OF THE RESPONDENT, THE ATTORNEY GENERAL OF ONTARIO (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada, SOR/2002-156) ATTORNEY GENERAL OF ONTARIO POWER LAW Constitutional Law Branch 130 Albert Street, Suite 1103 McMurtry-Scott Building Ottawa, ON K1P 5G4 720 Bay Street, 4th Floor Toronto, ON M7A 2S9 Fax: 416-326-4015 Robin K Basu (LSO No.: 32742K) Maxine Vincelette Tel: 416-995-5249 Tel: 613-702-5573 Email: [email protected] Email: [email protected] Yashoda Ranganathan (LSO No.: 57236E) Tel: 647-637-0883 Email: [email protected] Karlson K Leung (LSO No.: 77051A) Tel: 416-908-0738 Email: [email protected] Of Counsel for the Respondent, Agent for the Respondent, The Attorney General of Ontario The Attorney General of Ontario 1 TO: THE CITY OF TORONTO BORDEN LADNER GERVAIS City of Toronto, Legal Services World Exchange Plaza Metro Hall, 55 John Street, 26th Floor 1300-100 Queen Street Toronto, Ontario M5V 3C6 Ottawa, ON K1P 1J9 Fax: 416-397-5624 Fax: 613-230-8842 Diana W Dimmer Nadia Effendi Tel: 416-392-7229 Tel: 613-787-3562 Email: [email protected] Email: [email protected] Glenn KL Chu Tel: 416-392-7224 Email: [email protected] Fred Fischer Tel: 416-397-5407 Email: [email protected] Philip K Chan Tel: 416-392-1650 Email: [email protected] Counsel for the Appellant, Agent for the Appellant, The City of Toronto City of Toronto AND TO: TORONTO DISTRICT SCHOOL SUPREME ADVOCACY LLP BOARD LEGAL SERVICES 100 – 340 Gilmour Street 5050 Yonge Street, 5th Floor Ottawa, ON K2P 0R3 Toronto, ON M2N 5N8 Fax: 613-695-8580 Fax: 416-393-8973 Tel: 416-397-3565 Paul D Koven Marie-France Major Email: [email protected] Tel: 613-695-8855 Ext: 102 Email: [email protected] Leola Pon Email: [email protected] Counsel for the Intervener, Ottawa Agent for the Intervener, Toronto District School Board Toronto District School Board 2 AND TO: ATTORNEY GENERAL OF GIB VAN ERT LAW BRITISH COLUMBIA 148 Third Avenue Legal Services Branch Ottawa, ON K1S 2K1 1301 - 865 Hornby Street Fax: 613-651-0304 Vancouver, BC V6Z 2G3 Fax: 604-660-6797 Mark Witten Gib van Ert Ashley Caron Tel: 613-408-4297 Tel: 604-660-5476 Email: [email protected] Email: [email protected] Counsel for the Intervener, Ottawa Agent for the Intervener, Attorney General of British Columbia Attorney General of British Columbia AND TO: GOLDBLATT PARTNERS LLP GOLDBLATT PARTNERS LLP 20 Dundas St. W., Suite 1039 30 Metcalfe St., Suite 500 Toronto, ON M5G 2C2 Ottawa, ON K1P 5L4 Fax: 416-591-7333 Fax: 613-235-3041 Steven M Barrett Colleen Bauman Simon Archer Tel: 613-482-2463 Geetha Philipupillai Email: [email protected] Tel: 416-977-6070 Email: [email protected] [email protected] [email protected] Counsel for the Intervener, Ottawa Agent for the Intervener, Canadian Civil Liberties Association Canadian Civil Liberties Association 3 AND TO: PALIARE ROLAND ROSENBERG DENTONS CANADA LLP ROTHSTEIN LLP 99 Bank St., Suite 1420 155 Wellington St. W., 35th Floor Ottawa, ON K1P 1H4 Toronto, ON M5V 3H1 Fax: 613-783-9690 Fax: 416-646-4301 Donald K Eady David R Elliot Tel: 416-646-4321 Corey Villeneuve (Law Clerk) Email: [email protected] Tel: 613-783-9699 Email: [email protected] Glynnis Hawe Tel: 416-646-6309 Email: [email protected] Counsel for the Intervener, Ottawa Agent to Counsel for the Progress Toronto Intervener, Progress Toronto AND TO: BORDEN LADNER GERVAIS LLP BORDEN LADNER GERVAIS LLP 3400 – 22 Adelaide St. W. 1300 – 100 Queen St. Toronto, ON M5H 4E3 Ottawa, ON K1P 1J9 Fax: 416-367-6749 Fax: 613-230-8842 Christopher D Bredt Nadia Effendi Pierre N Gemson Tel: 613-787-3562 Tel: 416-367-6165 Email: [email protected] Email: [email protected] [email protected] OSGOODE HALL LAW SCHOOL York University 4700 Keele St. North York, ON M3J 1P3 Jamie Cameron, Professor Emeritus Tel: 416-294-1512 Email: [email protected] Counsel for the Intervener, Centre for Ottawa Agent for the Intervener, Centre Free Expression at Ryerson University for Free Expression at Ryerson University 4 AND TO: SELWYN A. PIETERS SUPREME ADVOCACY LLP Barrister & Sollicitor 340 Gilmour St., Suite 100 P.O. Box 518, 31 Adelaide St. E. Ottawa, ON K2P 0R3 Toronto, ON M5C 2J6 Fax: 613-695-8580 Fax: 416-787-6145 Selwyn A Pieters Marie-France Major Tel: 416-787-5928 Tel: 613-695-8855 Email: [email protected] Email: [email protected] Counsel to the Interveners, Ottawa Agent for the Intervener, CityPlace Residents’ Association CityPlace Residents’ Association AND TO: DURHAM COMMUNITY LEGAL SUPREME ADVOCACY LLP CLINIC 340 Gilmour St. 200 John St. W., Unit B1 Ottawa, ON K2P 0R3 Oshawa, ON L1J 2B4 Fax: 613-695-8580 Fax: 905-728-6362 Omar Ha-Redeye Marie-France Major Tel: 905-728-7321 Tel: 613-695-8855 Email: Email: [email protected] [email protected] Counsel for the Intervener, Ottawa Agent for the Intervener, Durham Community Legal Clinic Durham Community Legal Clinic 5 AND TO: MCCARTHY TÈTRAULT LLP JURISTES POWER LAW Suite 5300, Toronto Dominion Bank 130 Albert St., Suite 1103 Tower Ottawa, ON K1P 5G4 Toronto, ON M5K 1E6 Fax: 613-702-5566 Fax: 416-868-0673 Adam Goldenberg Darius Bossé Jacob Klugsberg Tel: 613-702-5566 Tel: 416-601-8357 Email: [email protected] Email: [email protected] Counsel for the Intervener, Ottawa Agent for Counsel for the Canadian Constitution Foundation Proposed Intervener, Canadian Constitution Foundation AND TO: STEPHANE ÉMARD-CHABOT SUPREME ADVOCACY LLP MARY EBERTS 100 – 340 Gilmour St. WILLIAM B HENDERSON Ottawa, ON K2P 0R3 24 Clarence St. Fax: 613-695-8580 Ottawa, ON K1N 5P3 Tel: 613-241-5221 Marie-France Major Email [email protected] Tel: 613-695-8855, ext. 102 Email: [email protected] Counsel for the Intervener, Ottawa Agent for the Intervener, Federation of Canadian Municipalities Federation of Canadian Municipalities 6 AND TO ST. LAWRENCE BARRISTERS LLP NORTON ROSE FULBRIGHT 33 Britain St., 2nd Floor CANADA LLP Toronto, ON M5A 1R7 45 O’Connor St., Suite 1500 Fax: 647-245-8285 Ottawa, ON K1P 1A4 Fax: 613-230-5459 Alexi N Wood Jennifer P Saville Matthew J Haplin Tel: 647-245-8283 Tel: 613-780-8654 Email: [email protected] Email: [email protected] [email protected] Counsel for the Intervener, David Asper Ottawa Agent for the Intervener, David Centre for Constitutional Rights Asper Centre for Constitutional Rights AND TO: PAPE SALTER TEILLETT LLP GOWLING WLG 546 Euclid Ave. 160 Elgin St., Suite 2600 Toronto, ON M6G 2T2 Ottawa, ON K1P 1C3 Fax: 416-916-3726 Fax: 613-788-3573 Jason T Madden Matthew Estabrooks Tel: 416-916-3853 Tel: 613-786-0211 Email: [email protected] Email: [email protected] Marc E Gibson Tel: 416-855-2649 Email: [email protected] Counsel for the Intervener, Métis Nation Ottawa Agent for the Intervener, of Ontario and Métis Nation of Alberta Métis Nation of Ontario and Métis Nation of Alberta 7 AND TO: GOLDBLATT PARTNERS LLP GOLDBLATT PARTNERS LLP 20 Dundas St. W., Suite 1039 30 Metcalfe St., Suite 500 Toronto, ON M5G 2C2 Ottawa, ON K1P 5L4 Fax: 416-591-7333 Fax: 613-235-3041 Howard Goldblatt Colleen Bauman Christine Davies Tel: 613-482-2463 Tel: 416-977-6070 Email: [email protected] Email: [email protected] [email protected] Counsel for the Interveners, Art Ottawa Agent for the Interveners, Art Eggleton, Barbara Hall, David Miller, Eggleton, Barbara Hall, David Miller, and John Sewell and John Sewell AND TO: GOWLING WLG (CANADA) LLP FACULTÉ DE DROIT, UNIVERSITÉ Barristers & Solicitors DE MONTRÉAL 2600 – 160 Elgin St. Pavillon Maximilien-Caron Local A-7428 Ottawa, ON K1P 1C3 3101, chemin de la Tour Fax: 613-563-9869 Montréal, QC H3C 3J7 Guy Régimbald Prof. D Stéphane Beaulac Tel: 613-786-0197 Tel: 514-343-7211 Email: [email protected] Email: [email protected] Counsel for the Intervener, The Counsel for the Proposed Intervener, International Commission of Jurists The International Commission of Jurists (Canada) (Canada) 8 AND TO: DEPARTMENT OF JUSTICE AGENT FOR THE INTERVENER, CANADA ATTORNEY GENERAL OF CANADA 120 Adelaide St. W., Suite 400 Civil Litigation Branch, East Tower Toronto, ON M5H 1T1 234 Wellington St. Fax: 416-973-0809 Ottawa, ON K1A 0H8 Fax: 613-954-1920 Michael H Morris Tel: 647-256-7539 Christopher M Rupar Email: [email protected] Tel: 613-941-2351 Email: [email protected] Gail Sinclair Tel: 647-256-7549 Email: [email protected] Counsel for the Intervener, Attorney Ottawa Agent for the Intervener, General of Canada Attorney General of Canada i TABLE OF CONTENTS TABLE OF ABBREVIATIONS USED IN TEXT AND CITATIONS ................................ iii FRESH EVIDENCE CITED IN THIS FACTUM ................................................................. iv PART I – OVERVIEW AND STATEMENT OF FACTS ......................................................1 PART II – QUESTIONS IN ISSUE ........................................................................................18 PART III – ARGUMENT
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