Docket
37782
Garrett Eckstein v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-12-20 | Appeal closed | |
| 2018-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-12-14 | Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C60478, 2017 ONCA 552, dated June 30, 2017, heard on April 17, 2018, is allowed. Section 737 of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982. Côté and Rowe JJ. dissent. Allowed |
|
| 2018-05-02 | Transcript received, (2 volumes), Joint with 37427, 37774 and 37783; Day 1-131 pages - Day 2-111 pages | |
| 2018-04-18 | Judgment reserved OR rendered with reasons to follow | |
| 2018-04-17 | Hearing of the appeal, 2018-04-17, and 4/18/2018, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-04-17 | Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) (Joint with 37774, 37783) | Her Majesty the Queen |
| 2018-04-17 | Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) | Garrett Eckstein |
| 2018-04-13 | Order on motion to strike out, (BY JUSTICE ROWE) | |
| 2018-04-13 | Decision on motion to strike out, Row, UPON APPLICATION by the Attorney General of Ontario for an order striking paragraphs 39-45 of the factum filed by the Colour of Poverty - Colour of Change and the Income Security Advocacy Centre (the Coalition), and striking paragraphs 31-33 of the factum filed by the Yukon Legal Services Society; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2018-04-13 | Submission of motion to strike out, Row | |
| 2018-04-13 | Notice of appearance, (Letter Form), James Foord and Brandon Crawford will be appearing. Mr. Foord will present oral argument. | Garrett Eckstein |
| 2018-04-11 | Motion to strike out, (Letter Form), Request - Motion to Strike Intervener Facta , Completed on: 2018-04-11 |
Her Majesty the Queen |
| 2018-04-11 | Correspondence received from, (Letter Form), Ms. Jackie Esmonde, re: Response to Motion to Stike. |
Colour of Poverty - Colour of Change |
| 2018-04-11 | Correspondence received from, (Letter Form), Mr. James Foord, re: does not oppose motion to strike. | Garrett Eckstein |
| 2018-04-06 | Correspondence received from, (Letter Form), James Ford (by email) Request 4 reserved seats | Garrett Eckstein |
| 2018-04-05 | Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. | Garrett Eckstein |
| 2018-04-03 | Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37783), Completed on: 2018-04-03 | Colour of Poverty - Colour of Change |
| 2018-04-03 | Intervener's book of authorities, (Book Form), (Joint with 37427, 37774 and 37783), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
| 2018-04-03 | Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37783), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
| 2018-03-29 | Notice of appearance, (Letter Form), Christopher Bredt, Pierre Gemson and Alannah Fotheringham will be appearing. Mr. Bredt will presetn oral argument. (Joint with 37427, 37774, 37783) | Canadian Civil Liberties Association |
| 2018-03-29 | Notice of appearance, (Letter Form), Michael Perlin and Philippe Cowle will be appearing. Mr. Perlin will present oral argument. (joint with 37774, 37783) | Her Majesty the Queen |
| 2018-03-27 | Notice of appearance, (Letter Form), Jackie Esmonde, Daniel Rhode and Marie Chen will be appearing. Ms. Esmonde will present oral argument. (Joint with 37427, 37774, 37783) | Colour of Poverty - Colour of Change |
| 2018-03-27 | Correspondence received from, (Letter Form), All the respondents; Joint in 37427, 37774, 37782 and 37783; Proposed speaking order of respondents | Her Majesty the Queen |
| 2018-03-19 | Appeal perfected for hearing | |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 | Appeal hearing scheduled, 2018-04-18, Day 2 (FOR WEBCASTING PURPOSES ONLY) | |
| 2018-03-12 | Appeal hearing scheduled, 2018-04-17, Day 1 DUE DATES FOR SERVING AND FILING DOCUMENTS: Notice of appeal on or before December 4, 2017; Notice of constitutional question on or before December 4, 2017; Notice of intervention respecting constitutional question on or before January 19, 2018; Appellant’s record, factum and book of authorities, if any, on or before January 22, 2018; Motion for leave to intervene on or before February 12, 2018; Responses to the motions for leave to intervene on or before February 19, 2018; Replies to any responses to the motions for leave to intervene on or before February 22, 2018; Respondent’s record, factum and book of authorities, if any, on or before March 12, 2018; Intervener's factum and book of authorities, if any, on or before April 3, 2018 (Interveners on leave and with respect to constitutional question). Judgment reserved |
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| 2018-03-08 | Certificate (on limitations to public access), (Letter Form), Joint with 37774 and 37783 | Her Majesty the Queen |
| 2018-03-08 | Respondent's book of authorities, (Book Form), Joint with 37774 and 37783, Completed on: 2018-03-08 | Her Majesty the Queen |
| 2018-03-08 | Respondent's factum, (Book Form), Joint with 37774 and 37783, Completed on: 2018-03-08 | Her Majesty the Queen |
| 2018-03-07 | Order on motion for leave to intervene, (BY JUSTICE ROWE) | |
| 2018-03-07 | Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) and the Canadian Civil Liberties Association for leave to intervene in the appeals Edward Tinker, et al. v. Her Majesty the Queen (37774), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783); AND UPON APPLICATION by the Aboriginal Legal Services, the Yukon Legal Services Society and the Criminal Lawyers’ Association of Ontario for leave to intervene in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774); AND HAVING TAKEN NOTE OF THE ORDERS by Justice Abella dated November 2, 2017 and November 9, 2017 in the appeal Boudreault v. Her Majesty the Queen, et al. (37427) granting leave to intervene to the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) the British Columbia Civil Liberties Association, the Aboriginal Legal Services, the Canadian Civil Liberties Association, the Pivot Legal Society, the Yukon Legal Services Society; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. Given that the Canadian Civil Liberties Association, the Colour of Poverty – Colour of Change and the Income Security Advocacy Centre (jointly), the Aboriginal Legal Services Society and the Yukon Legal Services have each previously filed a factum in the appeal Alex Boudreault v. Her Majesty the Queen, et al. (37427), the said four (4) interveners shall be entitled to each serve and file a single revised factum common to all appeals not to exceed twelve (12) pages in length on or before April 3, 2018. The Criminal Lawyers’ Association of Ontario shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before April 3, 2018, in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774). The said (5) five interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to them by the interventions. Granted |
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| 2018-03-07 | Submission of motion for leave to intervene, Row | |
| 2018-02-22 | Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-22 | Colour of Poverty - Colour of Change |
| 2018-02-22 | Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-22 | Canadian Civil Liberties Association |
| 2018-02-16 | Response to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-16 | Her Majesty the Queen |
| 2018-02-12 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
| 2018-02-12 | Motion for leave to intervene, (Book Form), Joint with 37774 and 37783, Completed on: 2018-02-12 | Canadian Civil Liberties Association |
| 2018-02-07 | Notice of name, (Letter Form) | Colour of Poverty - Colour of Change |
| 2018-02-07 | Motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-07 | Colour of Poverty - Colour of Change |
| 2018-01-25 | Certificate of counsel (attesting to record), (Letter Form) | Garrett Eckstein |
| 2018-01-22 | Appellant's record, (Book Form), (2 volumes), Certificate of Counsel required-rec'd 2018/01/25, Completed on: 2018-01-25 | Garrett Eckstein |
| 2018-01-22 | Appellant's factum, (Book Form), Amended covers required-rec'd 2018/01/25, Completed on: 2018-01-22 | Garrett Eckstein |
| 2017-12-12 | Intervener's book of authorities, (Book Form), (Joint with 377427, 37774 and 37783), Completed on: 2017-12-12 | Colour of Poverty - Colour of Change |
| 2017-12-04 | Notice of constitutional question(s), (served on Dec.4/2017 - by email), Completed on: 2017-12-04 | Garrett Eckstein |
| 2017-12-04 | Notice of appeal, (Letter Form), Completed on: 2017-12-04 | Garrett Eckstein |
| 2017-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-24 | Judgment on leave sent to the parties | |
| 2017-11-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-11-23 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60478, 2017 ONCA 552, dated June 30, 2017, is granted without costs. The appeal will be heard with Alex Boudreault v. Her Majesty the Queen, et al. (37427), Edward Tinker, et al. v. Her Majesty the Queen (37774) and Daniel Larocque v. Her Majesty the Queen, et al. (37783). The schedule for serving and filing materials will be set by the Registrar. The appellant is required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada. Granted, without costs |
|
| 2017-10-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-19 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-10-19 | Garrett Eckstein |
| 2017-10-11 | Respondent's response on the application for leave to appeal, (Letter Form), (joint with 37774 and 37783) Printed version filed on 2017-10-12., Completed on: 2017-10-11 | Her Majesty the Queen |
| 2017-10-04 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-10-04 | |
| 2017-09-29 | Certificate (on limitations to public access), (Letter Form), 23-A | Garrett Eckstein |
| 2017-09-29 | Notice of name, (Letter Form) | Garrett Eckstein |
| 2017-09-29 | Application for leave to appeal, (Book Form), Amended Notice Received 2017-10-06; Trial Court Order-rec'd 2017/10/23; CA Order-rec'd 2017/10/17, Completed on: 2017-10-27 | Garrett Eckstein |
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