Case information
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23384
Her Majesty the Queen v. Robert Lorne Heywood
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
v.
Other parties
Counsel
Party: Her Majesty the Queen
Counsel
1st Floor
850 Burdett Avenue
Victoria, British Columbia
V8W 1B4
Telephone: (250) 387-5153
FAX: (250) 356-0216
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Heywood, Robert Lorne
Counsel
203 - 821, Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (604) 385-2244
FAX: (604) 385-8748
Email: rmorahan@victorialaw.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of British Columbia
x
appeal dismissed
Court of Appeal for British Columbia (Vancouver)
VO1444
appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1995-09-25 | Close file on Leave | |
| 1995-03-14 | Correspondence (sent by the Court) to, (court record) sent to Ministry of A.G. (Victoria, BC) | |
| 1995-03-14 | Record returned to the Registrar of the Court of Appeal | |
| 1994-12-07 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1994-12-07 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Victoria) | |
| 1994-12-07 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-12-07 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1994-11-24 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-11-24 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1994-11-24 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-11-24 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, La Forest, L'Heureux-Dubé Gonthier and McLachlin JJ. dissenting. (For answers to constitutional questions, please see file). Dismissed, no order as to costs |
|
| 1994-05-05 | General proceeding, transcript received and distributed to the justices (112 pages) | |
| 1994-04-27 | Appeal hearing | |
| 1994-04-27 |
Hearing of the appeal, 1994-04-27, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1994-04-26 | Appeal removed from the list | |
| 1994-04-26 | Book of authorities, 10 copies, with service | Her Majesty the Queen |
| 1994-04-26 | Book of authorities, 10 copies | Robert Lorne Heywood |
| 1994-04-25 | Correspondence (sent by the Court) to, of Robert Frater re; duration of argument | |
| 1994-04-22 |
Decision on motion for additional time to present oral argument, (15 minutes oral argument), Reg Granted, no order as to costs |
|
| 1994-04-22 | Hearing of motion for additional time to present oral argument, 1994-04-22, (15 minutes oral argument), Reg | |
| 1994-04-22 | Submission of motion for additional time to present oral argument, 1994-04-22, (15 minutes oral argument), Reg | |
| 1994-04-22 | Order on motion for additional time to present oral argument | |
| 1994-04-22 | Intervener's factum, 24 copies, with service | Attorney General of Canada |
| 1994-04-20 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-04-20 | Affidavit, (15 minutes) Eduard J. van Bemmel | Robert Lorne Heywood |
| 1994-04-20 | Motion for additional time to present oral argument, (15 minutes) | Robert Lorne Heywood |
| 1994-04-20 | Response to the motion for additional time to present oral argument | Her Majesty the Queen |
| 1994-04-15 | Respondent's factum, 22 copies (2 more copies and extension of time requested), with service | Robert Lorne Heywood |
| 1994-04-15 | Notice of withdrawal, (1 copy), with service | Attorney General for Ontario |
| 1994-03-30 |
Appeal hearing scheduled, 1994-04-27 Decision reserved |
|
| 1994-03-24 | Appeal court record, (1 envelope) | |
| 1994-02-03 | Appeal perfected for hearing, Session beginning on 1994-04-25 | |
| 1993-12-09 | Appellant's factum, 24 COPIES, with service | Her Majesty the Queen |
| 1993-12-06 | Certified casebook, 1 copy, vols. 1 to 4, with service | Her Majesty the Queen |
| 1993-12-06 | Case on appeal, 24 copies, vols. 1 to 4 | Her Majesty the Queen |
| 1993-12-03 |
Decision on motion to extend time, to file case on appeal and appellant's factum to Dec 10/93, with service, Reg Granted, no order as to costs |
|
| 1993-12-03 | Hearing of motion to extend time, 1993-12-03, to file case on appeal and appellant's factum to Dec 10/93, with service, Reg | |
| 1993-12-03 | Submission of motion to extend time, 1993-12-03, to file case on appeal and appellant's factum to Dec 10/93, with service, Reg | |
| 1993-12-01 | Response to motion to extend time, to serve and file the case on Appeal and the appellant's factum to Dec. 10/93 | Robert Lorne Heywood |
| 1993-12-01 | Affidavit, to serve and file the Case on appeal and the factum to Dec. 10/93; Robert A. Mulligan, with service | Her Majesty the Queen |
| 1993-12-01 | Motion to extend time, to serve and file the Case and appeal and the factum to Dec. 10/93, with service | Her Majesty the Queen |
| 1993-11-16 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1993-11-16 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1993-10-28 | Notice of constitutional question(s), With service | Her Majesty the Queen |
| 1993-10-27 | Order on motion to state a constitutional question | |
| 1993-10-27 | Order granting leave to appeal | |
| 1993-10-18 |
Decision on the motion to state a constitutional question, CJ, It is ordered that the Constitutional Questions in both languages together with this order and the judgment of the Court of Appeal of British Columbia be served on the Attorney General of the Province and the Attorney General of Canada. (for Constitutional Questions see file). Notices of intention to intervene to be filed no later than Nov. 23/93 Granted, no order as to costs |
|
| 1993-10-18 | Hearing of the motion to state a constitutional question, 1993-10-18, CJ | |
| 1993-10-18 | Submission of motion to state a constitutional question, 1993-10-18, CJ | |
| 1993-09-24 | Correspondence (sent by the Court) to, of Henry S. Brown (Gowling, Strathy & Henderson) to consent to the Constitutional Questions | |
| 1993-09-21 | Motion to state a constitutional question, (AMENDED) - 1 copy, with service | Her Majesty the Queen |
| 1993-08-12 | Motion to state a constitutional question | Her Majesty the Queen |
| 1993-07-05 | Correspondence (sent by the Court) to, sent to Office of Crown Counsel (Victoria, BC) c.c. W.G. Burke-Robertson, enclosing copy of Rule 32 | |
| 1993-07-05 | Correspondence (sent by the Court) to, sent to Moharan & Aujla (Victoria, BC) c.c. Ed Van Bemmel, enclosing Rule 32 | |
| 1993-06-25 | Notice of appeal, With service | Her Majesty the Queen |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-05-27 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1993-05-27 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-05-27 | Hearing of the application for leave to appeal, 1993-05-27, CJ McL Ma | |
| 1993-05-27 | All materials on application for leave submitted to the Judges, 1993-05-27, CJ McL Ma | |
| 1993-02-24 | Proof of service, 1 copy of response, with service | |
| 1993-02-23 | All materials on application for leave submitted to the Judges, La McL Maj | |
| 1993-02-10 | General proceeding, 5 copies of the page 13 (TO BE REPLACED IN THE RESPONDENT'S MEMORANDUM) | Robert Lorne Heywood |
| 1993-02-09 | Applicant's reply to respondent's argument, 5 copies, with service | Her Majesty the Queen |
| 1993-02-03 | Respondent's response on the application for leave to appeal, 5 copies (no order requested) | Robert Lorne Heywood |
| 1993-01-28 | Correspondence received from, sent to Burke-Robnertson (Ottawa,ON) Re: acknowledge receipt of material together with enclosed filing fee. | |
| 1993-01-19 | Application for leave to appeal, 5 copies (formal trial order missing), with service (no formal trial order issued, as confirmed on the phone by Mr. Mulligan), Completed on: 1993-01-21 | Her Majesty the Queen |
| 1993-01-19 | $30.00 filing fee, Receipt No. 26435 | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Heywood, Robert Lorne | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
1st Floor
850 Burdett Avenue
Victoria, British Columbia
V8W 1B4
Telephone: (250) 387-5153
FAX: (250) 356-0216
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Heywood, Robert Lorne
Counsel
203 - 821, Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (604) 385-2244
FAX: (604) 385-8748
Email: rmorahan@victorialaw.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of British Columbia
x
appeal dismissed
Court of Appeal for British Columbia (Vancouver)
VO1444
appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available