André Gauthier

The applicants brought motions seeking an order to amend a previous judgment of the Supreme Court of Canada or for a re-hearing of the appeal to clarify the disposition.

The Court dismissed the motions, finding they did not meet the criteria under Rule 81(1)(a) for accidental slips or omissions, nor the criteria under Rule 76 for exceptional cases involving a failure of justice.

The Court held that its previous judgment clearly expressed that the matter must be remitted to the Government and National Assembly for reconsideration.

The Supreme Court of Canada heard multiple appeals from New Brunswick, Ontario, Alberta, and Quebec regarding the constitutional requirement for independent judicial compensation commissions.

The Court clarified the principles from the Provincial Judges Reference, establishing a three-stage analysis for determining whether a government's response to a commission's recommendations meets the standard of rationality.

The Court upheld the government responses in New Brunswick and Ontario, found the Alberta government's response partially irrational but globally effective, and struck down the Quebec government's response for failing to address the committee's core recommendations.

The appellant's premises were searched by officials of the Ministère du revenu pursuant to an authorization approved by a judge of the Court of Sessions of the Peace under s. 40 of the Act respecting the Ministère du revenu.

The appellant challenged the authorization via a writ of evocation, arguing the information was too vague.

The Supreme Court of Canada allowed the appeal, holding that the authorizing judge exercises a judicial function and must carefully scrutinize the ministerial discretion.

Because the information did not disclose the facts underlying the informant's belief, the judge could not verify its reasonableness and failed in his duty by not requesting further information.

The search and seizure were declared null and void.