Appeal

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).

Notice of Appeal and Factum:

[Our Notice of Appeal]

[Our Appeal 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 Fair Vote Canada]

[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]

[Government's Appeal Factum]

What's Next?

We're currently working on our oral submissions to be presented in the Ontario Court of Appeal on November 5th and 6th. Stay tuned!

  • Springtide Chair
    published this page in The Plan 2023-12-29 20:06:06 -0400


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Key Events in the Case:

  • We're currently awaiting the appeal decision (expected in spring 2025)
  • We presented our appeal in the Court of Appeal for Ontario in November 2024
  • We submitted our appeal factum in April 2024.
  • We filed our Notice of Appeal in December 2023.
  • Justice Ed Morgan issued his ruling in November 2023 and unfortunately dismissed our application.
  • The case was heard in September 2023 in the Ontario Superior Court.
  • We received the government's affidavits in fall 2022.
  • We served the government with our affidavit and evidence package in May 2021.
  • We filed the case with the Ontario Superior Court in October 2019.

How you can help

The main way you can help is to support the case financially. We are now asking for pledges totalling $60,000 to support us appealing to the Supreme Court of Canada, if they grant us leave to appeal in mid-2025.

What to expect

At each step, we set new pledge or donation goals based on our estimate of the costs for the next stage of the process, and invite our supporters to contribute towards that goal to ensure the case can continue to move forward. We don't ask for or collect funds until we're sure we're going to take the associated step.