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Scc File Number 37398 in the Supreme Court of Canada SCC FILE NUMBER 37398 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF NEW BRUNSWICK) B ETWEEN: HER MAJESTY THE QUEEN APPELLANT (Appellant) - and - COMEAU,GERARD RESPONDENT (Respondent) - and - ATTORNEY GENERAL OF CANADA, ATTORNEY GENERAL OF ONTARIO, ATTORNEY GENERAL OF QUEBEC, ATTORNEY GENERAL OF NOVA SCOTIA, ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL OF PRINCE EDWARD ISLAND, ATTORNEY GENERAL OF SASKATCHEWAN, ATTORNEY GENERAL OF ALBERTA, ATTORNEY GENERAL OF NEWFOUNDLAND AND LABRADOR, ATTORNEY GENERAL OF NORTHWEST TERRITORIES,THE GOVERNMENT OF NUNAVUT as represented by THE MINISTER OF JUSTICE, LIQUIDITY WINES LTD., PAINTED ROCK ESTATE WINERY LTD., 50TH PARALLEL ESTATE LIMITED PARTNERSHIP, OKANAGAN CRUSH PAD WINERY LTD. AND NOBLE RIDGE VINEYARD AND WINERY LIMITED PARTNERSHIP, ARTISAN ALES CONSULTING INC., MONTREAL ECONOMIC INSTITUTE,FEDERAL EXPRESS CANADA CORPORATION,CANADIAN CHAMBER OF COMMERCE, CANADIAN FEDERATION OF INDEPENDENT BUSINESS, CANNABIS CULTURE, ASSOCIATION OF CANADIAN DISTILLERS, operating as SPIRITS CANADA, CANADA'S NATIONAL BREWERS, DAIRY FARMERS OF CANADA, EGG FARMERS OF CANADA, CHICKEN FARMERS OF CANADA, TURKEY FARMERS OF CANADA, CANADIAN HATCHING EGG PRODUCERS, CONSUMERS COUNCIL OF CANADA, CANADIAN VINTNERS ASSOCIATION and ALBERTA SMALL BREWERS ASSOCIATION INTERVENERS FACTUM OF THE INTERVENER, CANADIAN VINTNERS ASSOCIATION (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) BENNETT JONES LLP BENNETT JONES LLP 3400 One First Canadian Place World Exchange Plaza P.O. Box 130 1 900-45 O'Connor Street Toronto, Ontario M5X 1A4 Ottawa, ON KlP 1A4 Robert W. Staley(LSUC #27115J) Mark Jewett QC Ranjan K. Agarwal(LSUC #49488H) Jessica M. Starck(LSUC #70150J) Tel: 613-683-2328 Fax: 613-683-2323 Telephone: (416) 863-1200 Email: jewettmbennettjones.com Facsimile: (416) 863-1716 Email: staleyrAbennettiones.corn Agent for the Intervener, Canadian Vintners Association Counsel for the Intervener, Canadian Vintners Association ORIGINAL THE REGISTRAR OF THE SUPREME COURT OF CANADA Supreme Court of Canada 301 Wellington Street Ottawa, Ontario KlA 0,11 COPIES TO: HER MAJESTY TILE QUEEN GOWLING WLG(CANADA) LLP Attorney General of New Brunswick 160 Elgin Street Public Prosecutions Branch Suite 2600 P.O. Box 6000, Carleton Place Ottawa, Ontario KIP 1C3 Fredericton, New Brunswick E3C 5111 D. Lynne Watt Telephone: (613) 786-8695 William B. Richards Facsimile: (613) 788-3509 Kathryn A. Gregory Email: [email protected] Telephone: (506) 453-2784 Ottawa Agent for Counsel for the Appellant Facsimile: (506) 453-5364 Email: [email protected] Counsel for the Appellant GARDINER,ROBERTS LLP SUPREME ADVOCACY LLP Bay Adelaide Centre, East Tower 100-340 Gilmour Street 22 Adelaide St. W., Suite 3600 Ottawa, Ontario K2P OR3 Toronto, Ontario M511 4E3 Marie-France Major Ian A. Blue, Q.C. Telephone: (613) 695-8855 Ext.: 102 Arnold Schwisberg Facsimile: (613) 695-8580 Mikael Bernard Email: infiriajor(Oupremeadvocacy.ca Telephone: (416) 865-2962 Facsimile: (416) 865-6636 Ottawa Agent for Counsel for the Respondent Email: [email protected] Counsel for the Respondent ATTORNEY GENERAL OF CANADA ATTORNEY GENERAL OF CANADA Procureur general du Canada 50 O'Connor Street, Suite 500, Room 557 Complexe Guy-Favreau Ottawa, Ontario 200, bowl. Rene-Levesque Ouest, Piece 1202-23 KlA 01-18 Montreal, Quebec H2Z 1X4 Christopher M. Rupar Telephone: (613) 670 6290 Francois Joyal Facsimile: (613) 954-1920 Telephone: (514) 283-5880 Email: christopher.rupar(i4justice.gc.ca Facsimile: (514) 496-7876 E-mail: ncois.joval usti cc.ge.ca Ottawa Agent for Counsel for the Intervener, Attorney General of Canada Counsel for the Intervener, Attorney General of Canada ATTORNEY GENERAL OF ONTARIO BORDEN LADNER GERVAIS LLP 720 Bay St., 4'h Floor World Exchange Plaza Toronto, Ontario 100 Queen Street, Suite 1300 MSG 2K1 Ottawa, Ontario K1P 1J9 Michael S. Dunn Telephone: (416) 326-3867 Nadia Effendi Facsimile: (416) 326-4015 Telephone: (613) 237-5160 m [email protected] Facsimile: (613) 230-8842 Email: tiefTendi4b1g.com Counsel for the Intervener, Attorney General of Ontario Ottawa Agent for Counsel for the intervener, Attorney General of Ontario ATTORNEY GENERAL OF QUEBEC NONJ & ASSOCIES Procureur general du Quebec 1 11, rue Champlain a/s Ministere de la Justice (droit autochtone) Gatineau, QC 1200 Route de l'Eglise, 2e etage :18X 3R1 Quebec, QC G1V 4M1 Pierre Landry Telephone: (819) 771-7393 Jean-Vincent Lacroix Facsimile: (819) 771-5397 Laurie Anctil E-mail: [email protected] Telephone: (418) 643-1477 Facsimile: (418) 644-7030 Ottawa Agent for Counsel for the Intervener, Email: jcan-vincent.lacroix(i6- ustice.Qom ,.qc.ca Attorney General of Quebec Counsel for the Intervener, Attorney General of Quebec ATTORNEY GENERAL OF NOVA SCOTIA COWLING WLG(CANADA) LLP 1690 Hollis Street, 8th Floor 160 Elgin Street PO Box 7 Suite 2600 Halifax, Nova Scotia Ottawa, Ontario B3J 2L6 K1 P 1C3 Edward A. Gores, Q.C. D. Lynne Watt Telephone: (902) 424-3297 Telephone: (613) 786-8695 Facsimile: (902) 424-1730 Facsimile: (613) 788-3509 E-mail: edward.(rores*lovascotia.ca -mail: lvnile.watt@gowl rIgwt.coin Counsel for the Intervener, Ottawa Agent for Counsel for the Intervener, Attorney General of Nova Scotia Attorney General of Nova Scotia ATTORNEY GENERAL OF BRITISH BORDEN LADNER GERVAIS LLP COLUMBIA World Exchange Plaza Legal Services Branch, 1001 Douglas St. 100 Queen Street, Suite 1300 PO Box 9280, Stn. Prov. Govt. Ottawa, Ontario Victoria, British Columbia KIP 1J9 V8W 9J7 Nadia Effendi J. Gareth Morley Telephone: (613) 237-5160 Tyna Mason Facsimile: (613) 230-8842 Telephone: (250) 356-8584 E-mail: neffendi@blg,com Facsimile: (250) 953-3557 E-mail: gareth.morle\4eov.bc.ca Ottawa Agent for Counsel for the Intervener, Attorney General of British Columbia Counsel for the Intervener, Attorney General of British Columbia STEWART McKELYEY GOWLING WLG (CANADA)LLP 65 Grafton Street 160 Elgin Street Charlottetown, Prince Edward Island Suite 2600 CIA 8B9 Ottawa, Ontario K1P 1C3 James W. Gormley, Q.C. Jonathan M. Coady D. Lynne Watt Telephone: (902) 629-4513 Telephone: (613) 786-8695 Facsimile: (902)566-5283 Facsimile: (613) 788-3509 E-mail: nne.watt(a)gowl ngwl g,co m Counsel for the Intervener, Attorney General of Prince Edward Island Ottawa Agent for Counsel for the Intervener, Attorney General of Prince Edward Island ATTORNEY GENERAL FOR GOWLING WLG(CANADA) LLP SASKATCHEWAN 160 Elgin Street Ministry of Justice Saskatchewan Suite 2600 Constitutional Law Branch Ottawa, Ontario 820-1874 Scarth St. K1P 1C3 Regina, Saskatchewan S4P 4B3 D. Lynne Watt Telephone: (613) 786-8695 Theodore Litowski Facsimile: (613) 788-3509 Telephone: (306) 787-6642 E-mail: lvnne.watt@ go wl n gwI2 eon' Facsimile: (306) 787-9111 L mail: theod o re.I towski 4Lgov. sk.ea Ottawa Agent for Counsel for the Intervener, Attorney General for Saskatchewan Counsel for the Intervener, Attorney General of Saskatchewan ATTORNEY GENERAL OF ALBERTA COWLING WLG(CANADA) LLP 4th Floor, Bowker Building 160 Elgin Street 9833 - 109th Street Suite 2600 Edmonton, Alberta Ottawa, Ontario TSK 2E8 K1 P 1C3 Robert J. Normey D. Lynne Watt Telephone: (780) 422-9532 Telephone: (613) 786-8695 Facsimile: (780) 425-0307 Facsimile: (613) 788-3509 E-mail: robert.normot*gov.ab.ca E-mail: lyilne.watt go wlingw1g. co in Counsel for the Intervener, Ottawa Agent for Counsel for the Intervener, Attorney General of Alberta Attorney General of Alberta ATTORNEY GENERAL OF GOWLING WLG(CANADA) LLP NEWFOUNDLAND AND LABRADOR 160 Elgin Street, Suite 2600 4th Floor, East Block Ottawa, Ontario Confederation Bldg. KIP 1C3 St. John's, Newfoundland & Labrador A M 4J6 Robert E. Houston, Q.C. Telephone: (6]3) 783-8817 Barbara Barrowman Facsimile: (613) 788-3500 Philip Osborne Email: [email protected] Telephone: (709) 729-2869 Facsimile: (709) 729-2129 Ottawa Agent for Counsel for the Intervener, F mail: barbarabarrowm a n ca Attorney General of Newfoundland and Labrador Counsel for the Intervener, Attorney General of Newfoundland & Labrador ATTORNEY GENERAL OF THE GOWLING WLG(CANADA) LLP NORTHWEST TERRITORIES 160 Elgin Street 4903 — 49th Street Suite 2600 PO Box 1320 Ottawa, Ontario Yellowknife, Northwest Territories KIP 1C3 X1 A 2L9 Guy Regimbald Bradley Patzer Telephone:(613) 786-0197 Telephone: (867) 920-3248 Facsimile: (613) 563-9869 Facsimile: (867) 873-0234 E-mail: [email protected] E-mail: brad patzer(&wv.nt.ca Ottawa Agent for Counsel for the Intervener, Counsel for the Intervener, Attorney General of the Northwest Territories Attorney General of Northwest Territories ATTORNEY GENERAL OF THE NUNAVUT GOWLING WLG(CANADA) LLP TERRITORY 160 Elgin Street Government of Nunavut as represented by the Suite 2600 Minister of Justice Ottawa, Ontario P.O. Box 1000, Station 540 KIP 1C3 Igaluit, Nunavut XOA OHO Guy Regimbald Telephone:(613) 786-0197 Adrienne Silk Facsimile: (613) 563-9869 John L. MacLean E-mail: atv,[email protected] Telephone:(867) 975-6172 Facsimile: (867) 975-6349 Ottawa Agent for Counsel for the Intervener, E-mail: asilk(d),gov.nu.ea Attorney General of the Nunavut Territory Counsel for the Intervener, Attorney General of the Nunavut Territory COULSON LITIGATION SUPREME ADVOCACY LLP 1500 - 885 West Georgia Street 100- 340 Gilmour Street Vancouver, British Columbia Ottawa, Ontario V6C 3E8 K2P OR3 Shea Coulson Marie-France Major Telephone:(604) 398-4481 Telephone:(613) 695-8855 Ext: 102 E-mail: scoulson cotilsonlitigation.com Fax:(613) 695-8580 E-mail: m fmai upremead vocacy .ca Counsel for the Intervener, Liquidity Wines Ltd. Ottawa Agent for Counsel for the Intervener, Liquidity Wines Ltd. COULSON LITIGATION SUPREME ADVOCACY LLP 1500 - 885 West Georgia Street 1 00- 340 Gilmour Street Vancouver, British Columbia Ottawa, Ontario V6C 3E8 K2P 0R3 Shea Coulson Marie-France Major Telephone:(604) 398-4481 Telephone:(613) 695-8855 Ext: 102 E-mail: scoulson()coulsonlitigation.com Fax:(613) 695-8580 E-mail: mlinajor(cisuprcmeadvocacv.ca Counsel for the Intervener, Painted Rock Estate Winery Ltd., 50th Parallel Ottawa Agent for Counsel for the Intervener, Estate Limited Partnership, Okanagan Crush Painted Rock Estate Winery Ltd., 50th Pad Winery Ltd.
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  • CONSTITUTIONAL LAW March 2020
    PLEASE NOTE: As an enhancement to the materials we have created, where possible, external web links to those cases and legislation that were available on the CanLII website. Please note, however, that not all links are reliable. The incorrect links appear to be especially problematic for the statutes, especially if the complete citation for the statute is not present at that exact spot in the materials. If you use the web links, please always double-check to ensure that you are being directed to the correct place. ------ The Nova Scotia Barristers’ Society has prepared these Bar Review Materials for the sole purpose of assisting applicants to prepare for the Nova Scotia Bar Examination. These materials are reviewed and updated annually, and published May 1 each year as study materials for the upcoming July and January exams. These current materials are the study outlines for the July 2020 and January 2021 Bar Examinations and may be relied upon for that sole purpose. The materials are not intended to provide legal advice, and should not be relied upon by articled clerks, transfer applicants, lawyers or members of the public as a current statement of the law. Members of the public who access these materials are urged to seek legal advice and are specifically warned against reliance on them in any legal matter or for pursuit of any legal remedy. The Society will not be liable for any use you made of these materials, beyond their intended purpose. CONSTITUTIONAL LAW March 2020 CONTENTS: GENERAL CONSTITUTIONAL PRINCIPLES ................................................................................................. 1 SEPARATION OF POWERS ............................................................................................................................. 2 SS. 96-101 OF THE CONSTITUTION ACT, 1867 .................................................................................................
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