Docket

38546

C.P. v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

(Publication ban in case) (Certain information not available to the public)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2021-05-18 Appeal closed
2021-05-07 Formal judgment sent to the registrar of the court of appeal and all parties
2021-05-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-05-07 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C65441, 2019 ONCA 85, dated February 8, 2019, heard on November 10, 2020, is dismissed. Côté J. dissents.
Dismissed
2020-12-03 Transcript received, 119 pages
2020-11-10 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2020-11-10 General proceeding, (Letter Form), Case Sensitivity Questionnaire C.P.
2020-11-10 Judgment reserved OR rendered with reasons to follow
2020-11-10 Hearing of the appeal, 2020-11-10, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-11-09 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book Her Majesty the Queen
2020-11-06 Respondent's condensed book, (Book Form), Missing: Form 23B (rec' 11/09/20) Her Majesty the Queen
2020-11-06 Intervener's condensed book, (Book Form) Criminal Lawyers' Association (Ontario)
2020-11-05 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book C.P.
2020-11-05 Appellant's condensed book, (Book Form) C.P.
2020-10-26 Notice of appearance, (Letter Form), Grace Choi and Holly Loubert will appear before the court, and will both present oral arguments.
 Her Majesty the Queen
2020-10-23 Intervener's book of authorities, (Book Form), Completed on: 2020-10-23 Criminal Lawyers' Association (Ontario)
2020-10-23 Intervener's factum, (Book Form), Completed on: 2020-10-23 Criminal Lawyers' Association (Ontario)
2020-10-23 Intervener's book of authorities, (Book Form), Completed on: 2020-10-23 Justice for Children and Youth
2020-10-23 Intervener's factum, (Book Form), Completed on: 2020-10-23 Justice for Children and Youth
2020-10-23 Intervener's book of authorities, (Book Form), Completed on: 2020-10-23 Attorney General of Canada
2020-10-23 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-10-23 Attorney General of Canada
2020-10-23 Intervener's book of authorities, (Book Form), Completed on: 2020-10-23, (Printed version filed on 2020-10-23) British Columbia Civil Liberties Association
2020-10-23 Intervener's factum, (Book Form), Completed on: 2020-10-23, (Printed version filed on 2020-10-23) British Columbia Civil Liberties Association
2020-10-21 Notice of appearance, (Letter Form), Matthew Gourlay will appear before the court, and will present oral arguments. C.P.
2020-10-21 Notice of appearance, (Letter Form), Michelle M. Biddulph will appear before the court, and will present oral arguments. Criminal Lawyers' Association (Ontario)
2020-10-21 Notice of appearance, (Letter Form), Jane Stewart will appear before the court, and will present oral arguments. Justice for Children and Youth
2020-10-20 Notice of appearance, (Letter Form), Alison M. Latimer will appear before the court, and will present oral arguments.
 British Columbia Civil Liberties Association
2020-10-14 Certificate (on limitations to public access), (Letter Form), 23B-Factum Her Majesty the Queen
2020-10-09 Respondent's book of authorities, (Book Form), Completed on: 2020-10-09 Her Majesty the Queen
2020-10-09 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2020-10-09 Certificate (on limitations to public access), (Letter Form), 23B-Record Her Majesty the Queen
2020-10-09 Respondent's record, (Book Form), Completed on: 2020-10-09 Her Majesty the Queen
2020-10-09 Respondent's factum, (Book Form), RESTRICTED; 2 redacted copies filed 2020/10/21, Completed on: 2020-10-09 Her Majesty the Queen
2020-10-01 Order on motion for leave to intervene, by ROWE J.
2020-10-01 Decision on the motion for leave to intervene, Row,
UPON APPLICATION by the Criminal Lawyers’ Association (Ontario), Justice for Children and Youth, and the British Columbia Civil Liberties Association for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a single factum not exceeding ten (10) pages in length, and book of authorities, if any, on or before October 23, 2020.

The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

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 appellant and respondent any additional disbursements resulting from their intervention.

AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Canada is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.

Granted
2020-10-01 Submission of motion for leave to intervene, Row
2020-09-24 Correspondence received from, (Letter Form), Grace Choi.
Consents to the appellant’s late filing of the response to the motions for leave to intervene., (Printed version due on 2020-10-01)		 Her Majesty the Queen
2020-09-24 Correspondence received from, (Letter Form), Thomas Slade.
Consent to the appellant’s late filing of the response to the motions for leave to intervene AND do not intend to file a reply to the responses to the motions for leave to intervene., (Printed version due on 2020-10-01)		 Criminal Lawyers' Association (Ontario)
2020-09-24 Correspondence received from, (Letter Form), Alison Latimer.
Consents to the appellant’s late filing of the response to the motions for leave to intervene., (Printed version due on 2020-10-01)		 British Columbia Civil Liberties Association
2020-09-24 Correspondence received from, (Letter Form), Christopher Rupar.
Consents to the appellant’s late filing of the response to the motions for leave to intervene., (Printed version due on 2020-10-01)		 Attorney General of Canada
2020-09-24 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-24, (Printed version due on 2020-10-01) British Columbia Civil Liberties Association
2020-09-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-09-23, (Printed version due on 2020-09-30) C.P.
2020-09-22 Response to the motion for leave to intervene, (Letter Form), Justice for Children and Youth, Completed on: 2020-09-22, (Printed version due on 2020-09-29) Her Majesty the Queen
2020-09-22 Response to the motion for leave to intervene, (Letter Form), Criminal Lawyers’ Association (Ontario)., Completed on: 2020-09-22, (Printed version due on 2020-09-29) Her Majesty the Queen
2020-09-22 Response to the motion for leave to intervene, (Letter Form), British Columbia Civil Liberties Association., Completed on: 2020-09-22, (Printed version due on 2020-09-29) Her Majesty the Queen
2020-09-15 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2020-09-22) British Columbia Civil Liberties Association
2020-09-15 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2020-09-22) British Columbia Civil Liberties Association
2020-09-15 Notice of name, (Letter Form), (Printed version due on 2020-09-22) British Columbia Civil Liberties Association
2020-09-15 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-09-22)		 British Columbia Civil Liberties Association
2020-09-14 Notice of name, (Letter Form), (Printed version due on 2020-09-21) Justice for Children and Youth
2020-09-14 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-09-21)		 Justice for Children and Youth
2020-09-10 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-09-17)		 Criminal Lawyers' Association (Ontario)
2020-09-02 Notice of hearing sent to parties
2020-09-01 Notice of hearing sent to parties
2020-08-28 Certificate (on limitations to public access), (Letter Form), 23B-Notice of Appeal C.P.
2020-08-26 Notice of appearance, (Letter Form), John Provart will appear before the Court on behalf of the intervener. John Provart will present oral argument at the hearing. Attorney General of Canada
2020-08-25 Appeal hearing scheduled, 2020-11-10, In order for the appeal to proceed on November 10, 2020, the filing schedule will be as follows:


a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before August 14, 2020.

b) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before October 9, 2020.

c) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 15, 2020.

d) The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before September 22, 2020.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before September 24, 2020.

f) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before October 23, 2020.

Judgment reserved
2020-08-14 Certificate (on limitations to public access), (Letter Form), 23B-Factum/Record C.P.
2020-08-14 Certificate of counsel (attesting to record), (Letter Form), 24A C.P.
2020-08-14 Appellant's record, (Book Form), (4 volumes), RESTRICTED / CONFIDENTIAL, Completed on: 2020-08-14, (Printed version filed on 2020-10-08) C.P.
2020-08-14 Appellant's factum, (Book Form), received amended factum 2020/08/25, Completed on: 2020-08-14, (Printed version filed on 2020-10-08) C.P.
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email to all parties on July 15, 2020)
2020-05-07 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-05-07, (Printed version due on 2020-05-14) Attorney General of Canada
2020-04-28 Order by, Row,
UPON REQUEST by the appellant for an order appointing counsel, under section 694.1 of the Criminal Code, for the purpose of the appeal;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the respondent;
IT IS HEREBY ORDERED THAT:
1. The request is granted;
2. Mr. Matthew R. Gourlay is appointed as counsel for the appellant, under section 694.1 of the Criminal Code, for the purpose of the appeal; and
3. Mr. Gourlay’s fees and disbursements shall be paid by the Attorney General of Ontario, in accordance with ss. 694.1 (2) and (3) of the Criminal Code.

Granted
2020-04-09 Correspondence received from, (Letter Form), Grace Choi and Holly Loubert.
Consent for the appointment of counsel for the appeal., (Printed version due on 2020-04-20)		 Her Majesty the Queen
2020-04-09 Correspondence received from, (Letter Form), Matthew R. Gourlay.
Request for appointment of counsel for the appeal., (Printed version due on 2020-04-20)		 C.P.
2020-04-09 Notice of constitutional question(s), (Letter Form), Completed on: 2020-04-09 C.P.
2020-04-09 Notice of appeal, (Letter Form), Missing: Form 23B (rec'd 2020/08/28), Completed on: 2020-08-28 C.P.
2020-03-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-03-13 Judgment on leave sent to the parties
2020-03-12 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the motion for leave to intervene in the leave application filed by Justice for Children and Youth is granted. The motion for leave to intervene in the leave application filed by Justice for Children and Youth is dismissed, without prejudice to its right to bring a motion for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65441, 2019 ONCA 85, dated February 8, 2019, is granted.
Granted
2020-03-12 Decision on motion for leave to intervene, See decision on application
Dismissed
2020-03-12 Decision on motion to extend time, See decision on application
Granted
2020-02-10 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-02-10 Submission of motion to extend time, for consideration by the Court
2020-02-10 Submission of motion for leave to intervene, for consideration by the Court
2020-02-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-10 C.P.
2020-02-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-07 Her Majesty the Queen
2020-02-07 Notice of name Justice for Children and Youth
2020-02-07 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2020-02-07 Justice for Children and Youth
2020-02-07 Motion for leave to intervene, (Book Form), on the application for leave to appeal, Completed on: 2020-02-07, (Electronic version filed on 2020-02-07) Justice for Children and Youth
2020-02-07 Order on motion to leave to intervene, by Justice Rowe
2020-02-07 Decision on motion for leave to intervene,
UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above application for leave to appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene on the application for leave to appeal is dismissed without prejudice to the Criminal Lawyers’ Association (Ontario)’s right to bring a motion for leave to intervene on the appeal should leave be granted.

Dismissed, no order as to costs
2020-02-07 Submission of motion for leave to intervene, to Justice Rowe
2020-01-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-29 C.P.
2020-01-29 Certificate (on limitations to public access), (Letter Form), 23B C.P.
2020-01-29 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-01-29 C.P.
2020-01-28 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-28 Her Majesty the Queen
2020-01-20 Motion for leave to intervene, (Book Form), Completed on: 2020-02-07 Criminal Lawyers' Association (Ontario)
2020-01-20 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2020-01-20 Respondent's response on the application for leave to appeal, (Book Form), RESTRICTION, Completed on: 2020-01-20 Her Majesty the Queen
2019-12-23 Order by, Row,
UPON REQUEST by the applicant for an order appointing counsel, under section 694.1 of the Criminal Code, for the purpose of the application for leave to appeal;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the respondent;
IT IS HEREBY ORDERED THAT:
1. The request is granted;
2. Mr. Matthew R. Gourlay is appointed as counsel for the applicant, under section 694.1 of the Criminal Code, for the purpose of the application for leave to appeal; and
3. Mr. Gourlay’s fees and disbursements shall be paid by the Attorney General of Ontario, in accordance with ss. 694.1 (2) and (3) of the Criminal Code.

Granted
2019-12-17 Certificate (on limitations to public access), (Letter Form), 23A C.P.
2019-12-17 Letter acknowledging receipt of a complete application for leave to appeal
2019-12-09 Certificate (on limitations to public access), (Letter Form), 23B C.P.
2019-12-09 Application for leave to appeal, (Book Form), Completed on: 2019-12-09 C.P.
2019-12-06 Correspondence received from, (Letter Form), Grace Choi and Holly Loubert. Her Majesty the Queen
2019-12-06 Correspondence received from, (Letter Form), Matthew R. Gourlay.
 C.P.
2019-11-08 Order on motion to quash, by THE COURT.
2019-11-08 Decision on the motion to quash the appeal,
UPON APPLICATION by the respondent for an order quashing the notice of appeal filed from the judgment of the Court of Appeal for Ontario, Number C65441, 2019 ONCA 85, dated February 8, 2019;

AND THE MATERIAL FILED having been read;

AND NOTING THAT the Youth Criminal Justice Act, S.C. 2002, c. 1 does not provide for an appeal as of right;

IT IS HEREBY ORDERED THAT:

1. The motion to quash is adjourned without prejudice to C.P.’s right to serve and file an application for leave to appeal. In the application for leave to appeal, C.P. is entitled to raise as a ground for leave to appeal any constitutional issue in respect of s. 37(10) of the Youth Criminal Justice Act;

2. The application for leave to appeal shall be served and filed no later than thirty (30) days from the date of this order;

3. The respondent shall serve and file any response to the application for leave to appeal no later than thirty (30) days from the service date of the leave application;

4. The applicant’s reply, if any, shall be served and filed no later than ten (10) days from the service date of the response;

5. If no application for leave to appeal is filed within that time, the proceeding shall be dismissed as abandoned.

Adjourned
2019-11-08 Submission of motion to quash
2019-10-09 Other factum, (Book Form), Reply of the Appellant to the Constitutional Question Raised in Response to the Respondent's Motion to Quash, Completed on: 2019-10-09 C.P.
2019-09-25 Other book of authorities, (Book Form), in support of the response to the appellant's constitutional argument raised in his response to the motion to quash, Completed on: 2019-09-25 Attorney General of Canada
2019-09-25 Other factum, (Book Form), Intervener's memorandum of argument in response to the appellant's constitutional argument raised in his response to the motion to quash, Completed on: 2019-09-25 Attorney General of Canada
2019-09-25 Respondent's record, (Book Form), in response to the appellant's constitutional argument raised in his response to the motion to quash, Completed on: 2019-09-25 Her Majesty the Queen
2019-09-25 Certificate (on limitations to public access), (Letter Form), 23B (amended version received on 2019-10-07) Her Majesty the Queen
2019-09-25 Other factum, (Book Form), *RESTRICTED*
Respondent's memorandum of argument in response to the appellant's constitutional argument raised in his response to the motion to quash (additional copies required - received on Sept 30/19)
, Completed on: 2019-09-30		 Her Majesty the Queen
2019-09-13 Other book of authorities, (Book Form), in support of intervener's factum on motion to quash., Completed on: 2019-09-13 Criminal Lawyers' Association (Ontario)
2019-09-13 Other factum, (Book Form), Intervener's factum on motion to quash., Completed on: 2019-09-13 Criminal Lawyers' Association (Ontario)
2019-09-03 Order on motion for leave to intervene, by ROWE J.
2019-09-03 Decision on the motion for leave to intervene, Row,
UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above motion to quash;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a memorandum of argument not exceeding ten (10) pages in length within ten (10) days from the date of this order.
If the motion to quash proceeds to oral hearing, the said intervener will be granted permission to present oral argument not exceeding five (5) minutes at the hearing of the motion to quash.
The intervener is 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 intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention.
Granted
2019-09-03 Submission of motion for leave to intervene, Row
2019-08-19 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-08-19 Her Majesty the Queen
2019-08-08 Notice of name, (Letter Form) Criminal Lawyers' Association (Ontario)
2019-08-08 Motion for leave to intervene, (Book Form), with respect to the respondent’s motion to quash
, Completed on: 2019-08-09		 Criminal Lawyers' Association (Ontario)
2019-07-15 Correspondence (sent by the Court) to, the parties. Letter from Registrar further to the correspondences received on July 9, 2019.
DIRECTION FROM ROWE J. :
The respondent, Her Majesty the Queen, and the intervener, Attorney General of Canada, shall be entitled to each serve and file a record and a memorandum of argument not exceeding twenty (20) pages in length in response to the appellant’s constitutional argument raised in its response to the motion to quash, on or before September 25, 2019.
The appellant is granted permission to serve and file a single memorandum of argument in reply to the responses not to exceed ten (10) pages in length, on or before October 9, 2019.
2019-07-09 Correspondence received from, (Letter Form), Christopher Rupar. Request for permission to respond to the constitutional challenge in the appellant's response to the motion to quash. Attorney General of Canada
2019-07-09 Correspondence received from, (Letter Form), Grace Choi and Holly Loubert. Request for permission to respond to the constitutional challenge in the appellant's response to the motion to quash.
 Her Majesty the Queen
2019-07-03 Certificate (on limitations to public access), (Letter Form), Form 23B C.P.
2019-07-03 Response to the motion to quash, (Book Form), Completed on: 2019-07-03 C.P.
2019-06-11 Order by, Row,
UPON APPLICATION by the appellant for an order extending the time to serve and file the response to the motion to quash to July 3, 2019;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the respondent;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2019-05-29 Correspondence received from, (Letter Form), the appellant. Request for an extension of time. C.P.
2019-05-27 Order by, Row,
UPON APPLICATION by the appellant for an order appointing counsel, under section 694.1 of the Criminal Code, for the purpose of responding to the motion to quash;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the respondent;
IT IS HEREBY ORDERED THAT:
1. The motion is granted;
2. Mr. Matthew R. Gourlay is appointed as counsel for the appellant, under section 694.1 of the Criminal Code, for the purpose of responding to the motion to quash; and
3. Mr. Gourlay’s fees and disbursements shall be paid by the Attorney General of Ontario, in accordance with ss. 694.1 (2) and (3) of the Criminal Code.
Granted
2019-05-23 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-05-23 Attorney General of Canada
2019-05-17 Correspondence received from, (Letter Form), the respondent. Consents to assignment of counsel by the Court. Her Majesty the Queen
2019-05-16 Correspondence received from, (Letter Form), the appellant. Request to assignment of counsel by the Court. C.P.
2019-04-30 Correspondence (sent by the Court) to, the parties, from the Registrar. Direction for extension of time.
2019-04-25 Notice of constitutional question(s), (Letter Form), Completed on: 2019-04-25, (Printed version filed on 2019-04-26) C.P.
2019-04-18 Correspondence received from, (Letter Form), the appellant. Request for extension of time. C.P.
2019-04-08 Correspondence received from, (Letter Form), counsel for the respondent, regarding restriction for access to motion to quash. Her Majesty the Queen
2019-04-08 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2019-04-08 Certificate (on limitations to public access), (Letter Form), Form 23A Her Majesty the Queen
2019-04-08 Motion to quash, (Book Form), *RESTRICTED*, 2 redacted copies filed (updated redacted copies received on 2019-04-15)
, Completed on: 2019-04-11		 Her Majesty the Queen
2019-03-19 Letter acknowledging receipt of a notice of appeal
2019-03-13 Correspondence received from, (Letter Form), Response to concerns. C.P.
2019-03-12 Correspondence received from, (Letter Form), Concerns regarding jurisdiction of the Appeal as of right. Her Majesty the Queen
2019-03-11 Certificate (on limitations to public access), (Letter Form), 23B C.P.
2019-03-11 Certificate (on limitations to public access), (Letter Form), 23A _Amended form required. (rec' 12/17/20) C.P.
2019-03-11 Notice of appeal, (Letter Form), Completed on: 2019-03-11 C.P.