Supreme Court of Canada

Reference re : Amendment to the Canadian Constitution, [1982] 2 S.C.R. 791

Date: 1982-02-09

IN THE MATTER of a Reference to the Court of Appeal relating to the Constitution of Canada pursuant to an Order in Council dated December 9, 1981, bearing number 3367-81

The Attorney General of Quebec

v.

The Attorney General of Canada

and

The Grand Council of the Crees (of Quebec) Applicant.

File No.: 16904.

1982: January 26; 1982: February 9.

Present: Beetz, Chouinard and Lamer JJ.

APPLICATION FOR LEAVE TO APPEAL

Appeal—Application to intervene rejected by the Court of Appeal—Decision not subject to appeal—Application for leave to appeal to the Supreme Court rejected—An Act respecting a reference to the Court of Appeal, 1981 (Que.), c. 17, s. 1—Supreme Court Act, R.S.C 1970, c. S-19,s.37.

APPLICATION for leave to appeal from a decision of the Court of Appeal of Quebec dismissing applicant’s application to intervene relating to a reference ordered by the Government of Quebec. Application dismissed.

James O’Reilly, for the applicant.

Lucien Bouchard, for the Attorney General of Quebec.

Michel Robert and Raynold Langlois, for the Attorney General of Canada.

The judgment of the Court was delivered by

BEETZ J.—The applicant seeks leave to appeal from a decision of the Quebec Court of Appeal dated January 5, 1982, which dismissed its application to intervene in a reference ordered by an Order in Council of the Government of Quebec, dated December 9, 1981 and numbered 3367-81.

[Page 792]

HAVING REGARD TO s. 1 of An Act respecting a reference to the Court of Appeal, 1981 (Que.), c. 17;

HAVING REGARD TO s. 37 of the Supreme Court Act, R.S.C. 1970, c. S-19;

We are all of the view that the decision of the Court of Appeal is not subject to appeal.

The application for leave to appeal is dismissed with costs.

Application dismissed with costs.

Solicitors for the applicant: O’Reilly & Grodinsky, Montreal.

Solicitors for the Attorney General of Quebec: Jean-K. Samson, Lucien Bouchard and Paul‑Arthur Gendreau, Montreal.

Solicitors for the Attorney General of Canada: Raynold Langlois and Michel Robert, Montreal.

Ed. Note: Leave to intervene in the Supreme Court granted by Dickson, Beetz and Lamer JJ. on April 4, 1982.