Docket

37783

Daniel Larocque v. Her Majesty the Queen, et al.

(Ont.) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-01-04 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 C61572, 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 37774, 37782 and 37427; 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 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) Daniel Larocque
2018-04-17 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) (Joint with 37774, 37782) Attorney General of Ontario
2018-04-13 Order on motion to strike out, (BY JUSTIVE 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), Yves Jubinville and Maryse Renaud will be appearing. Mr. Jubinville will present oral argument. Daniel Larocque
2018-04-12 Correspondence received from, (Letter Form), Mme Caroline Etter, re: response to motion to strike. Daniel Larocque
2018-04-11 Motion to strike out, (Letter Form), Request - Motion to Strike Intervener Facta
, Completed on: 2018-04-11
Attorney General of Ontario
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, Me Françcois Lacasse, re: response to motion to strike - does not oppose AG of Ontario's motion to strike. Her Majesty the Queen
2018-04-10 Correspondence received from, Erica Buhrmann (by email) Request to remove Tim Radcliffe as a lawyer to the file. Her Majesty the Queen
2018-04-05 Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. Daniel Larocque
2018-04-04 Notice of appearance, (Letter Form), François Lacasse and Luc Boucher will be appearing. Mr. Lacasse will present oral argument. Requesting 2 reserved seat. Her Majesty the Queen
2018-04-03 Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37782), 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 37782), Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-04-03 Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37782), 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, 37782) 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, 37782) 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, 37782) 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 Respondent's book of authorities, (Book Form), Completed on: 2018-03-12 Her Majesty the Queen
2018-03-12 Respondent's factum, (Book Form), Completed on: 2018-03-12 Her Majesty the Queen
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 shall be served and filed 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; Respondents’ records, factums and books of authorities, if any, on or before March 12, 2018; Interveners' factum and book of authorities, if any, on or before April 3, 2018 (Interveners by leave and with respect to constitutional question).
Judgment reserved
2018-03-08 Certificate (on limitations to public access), (Letter Form), Joint with 37774 and 37782 Attorney General of Ontario
2018-03-08 Respondent's book of authorities, (Book Form), Joint with 37774 and 37782, Completed on: 2018-03-08 Attorney General of Ontario
2018-03-08 Respondent's factum, (Book Form), Joint with 37774 and 37782, Completed on: 2018-03-08 Attorney General of Ontario
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
2018-03-07 Submission of motion for leave to intervene, Row
2018-03-06 Order on motion to extend time, (By the Deputy Registrar)
2018-03-06 Decision on motion to extend time, DeRg, À LA SUITE DE LA DEMANDE présentée par l’appelant en dispense de l’observation de règles et d’une requête en prorogation du délai de signification et de dépôt de son mémoire et dossier déposés le 19 janvier 2018;
ET APRÈS EXAMEN des documents déposés;
ET APRÈS AVOIR NOTÉ le consentement des intimés;
IL EST ORDONNÉ QUE:
La demande en dispense de l’observation de règles est accordée et la requête est accueillie.
Granted
2018-03-06 Submission of motion to extend time, DeRg
2018-02-22 Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37782; Reply to the Attorney General of Ontario, 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 37782; Reply to Attorney General of Ontario, Completed on: 2018-02-22 Canadian Civil Liberties Association
2018-02-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-19 Her Majesty the Queen
2018-02-16 Response to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37782, Completed on: 2018-02-16 Attorney General of Ontario
2018-02-13 Response to motion to extend time, (Letter Form), Completed on: 2018-02-13 Attorney General of Ontario
2018-02-12 Response to motion to extend time, (Letter Form), (by email), Completed on: 2018-02-12 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 37782, Completed on: 2018-02-12 Canadian Civil Liberties Association
2018-02-09 Motion to extend time, (Book Form), (to serve the appellant's documents and file electronic copies) Fees missing (Payment received, March 13 2018), Incomplete, (Printed version filed on 2018-02-23) Daniel Larocque
2018-02-08 Correspondence received from, (Letter Form), Yves Jubinville, Re: request to accept appellant material as filed Daniel Larocque
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 37782, Completed on: 2018-02-07 Colour of Poverty - Colour of Change
2018-01-19 Certificate of counsel (attesting to record) Daniel Larocque
2018-01-19 Appellant's record, (Book Form), Motion for extension of time to serve and file the electronic version for the factum and Record missing (electronic version rec'd February 9, 2018), new covers required (see order of March 6, 2018), Completed on: 2018-03-07 Daniel Larocque
2018-01-19 Appellant's factum, (Book Form), Motion for extension of time to serve and file the electronic version for the factum and Recordl missing (rec'd electronic version on February 9, 2018), new covers required.(see order March 6, 2018), Completed on: 2018-03-07 Daniel Larocque
2017-12-22 Notice of constitutional question(s), (Letter Form), (all AGs served by email on December 22, 2017), Completed on: 2017-12-28 Her Majesty the Queen
2017-12-12 Intervener's book of authorities, (Book Form), (Joint with 37427, 37774 and 37782), Completed on: 2017-12-12 Colour of Poverty - Colour of Change
2017-12-04 Notice of constitutional question(s), (Letter Form), (Included in the notice of appeal), (all the AGs were served on Dec.4/2017.), Completed on: 2017-12-04 Daniel Larocque
2017-12-04 Notice of appeal, (Letter Form), Completed on: 2017-12-04 Daniel Larocque
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 motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C61572, 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 Garrett Eckstein v. Her Majesty the Queen (37782). 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
2017-11-23 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2017-10-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-10-27 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2017-10-25 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2017-10-25 Attorney General of Ontario
2017-10-25 Correspondence received from, (Letter Form), Applicant, re: Will not file a reply Daniel Larocque
2017-10-24 Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2017-10-24 Her Majesty the Queen
2017-10-20 Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2017-10-20 Daniel Larocque
2017-10-19 Certificate (on limitations to public access) Her Majesty the Queen
2017-10-19 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-10-19 Her Majesty the Queen
2017-10-12 Correspondence received from, (Letter Form), Maryse Renaud (by email). The applicant will not be filing a reply to the reponse of the Attorney General of Ontario. Daniel Larocque
2017-10-11 Respondent's response on the application for leave to appeal, (Letter Form), (joint with 37774 and 37782) Printed version filed on 2017-10-12., Completed on: 2017-10-11 Attorney General of Ontario
2017-10-06 Correspondence received from, HMQ (federal) to be included in Style of Cause 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 Daniel Larocque
2017-09-29 Application for leave to appeal, (Book Form), Missing: Affidavit of Service on Respondent PPSC-rec'd 2017/10/20 (in the motion to extend time); CA decision rec'd 2017/10/24; CA Order received 2017-11-21, Completed on: 2017-10-12 Daniel Larocque