The case was first heard in the Ontario Superior Court from Sep 26-28, 2023. Justice Ed Morgan handed down his ruling on Nov 30, 2023.
Unfortunately, Justice Morgan dismissed our Application, so we filed a Notice of Appeal on Dec 29, 2023 and subsequently "perfected" our appeal by filing our factum (written argument). Also unfortunately, the Ontario Court of Appeal dismissed our appeal, so we are now preparing an application for leave to appeal to the Supreme Court of Canada.
Notice of Appeal and Factum:
Interveners:
More recently, a number of interveners have applied to add their arguments to the case, and six have been accepted. You can find their factums below:
[Factum of the Women's Legal Education and Action Fund]
[Factum of the Canadian Lawyers for International Human Rights]
[Factum of the Aboriginal Council of Winnipeg]
[Factum of the South Asian Legal Clinic of Ontario]
[Factum of the Canadian Constitution Foundation]
Response to Interveners:
On September 16, 2024, we filed our response to the interveners (see below). We mainly chose to respond to the Canadian Constitution Foundation, as they are advancing an argument that our electoral laws are immune from Charter scrutiny (a position we strong reject).
[Our Response to the Interveners]
Government's Responses:
On September 30th, we received the government's response to the interveners, as well as its own appeal factum.
[Government's Response to the Interveners]
Response re: Relevance of Working Families:
In March 2025, the Court reached out to us to ask if we wanted to comment on the relevance of the recent Supreme Court decision in the Working Families case to our appeal. Below are copies of our response, as well as those of the government and one of the intervenors, Fair Vote Canada.
Appeal Court Decision
[Ontario Court of Appeal Decision]
What's Next?
We are currently preparing our application to the Supreme Court of Canada for leave to appeal. Stay tuned!
