Docket

39350

His Majesty The King v. Russell Steven Tessier

(Alberta) (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)
2022-10-27 Appeal closed
2022-10-14 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1801-0185-A, 2020 ABCA 289, dated August 4, 2020, heard on December 6, 2021, is allowed. The judgment of the Court of Appeal is set aside and the conviction is restored.

Brown and Martin JJ. dissent.

Allowed
2022-10-14 Formal judgment sent to the registrar of the court of appeal and all parties
2022-10-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-12-29 Transcript received, 102 pages
2021-12-06 Judgment reserved OR rendered with reasons to follow
2021-12-06 Hearing of the appeal, 2021-12-06, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2021-12-02 Respondent's condensed book, (Book Form), (Printed version due on 2021-12-09) Russell Steven Tessier
2021-12-02 Intervener's condensed book, (Book Form), (Printed version due on 2021-12-09) Attorney General of New Brunswick
2021-12-02 Appellant's condensed book, (Book Form), (Printed version due on 2021-12-09) His Majesty The King
2021-11-25 Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2021-11-15 Notice of appearance, (Letter Form), Counsel appearing for the intervener, the Attorney General of Ontario will be James V. Palangio and Mr. Frank Au. Mr. Au will be presenting oral argument. , (Printed version due on 2021-11-22) Attorney General of Ontario
2021-11-12 Notice of appearance, Frank Addario and Samara Secter will appear before the Court. Samara Secter will present oral argument. Canadian Civil Liberties Association
2021-11-05 Notice of appearance, Pawel Milczarek and Kelsey Sitar will appear before the Court and will present oral argument. Russell Steven Tessier
2021-11-05 Notice of appearance, Patrick McGuinty will appear before the Court and will present oral argument. Attorney General of New Brunswick
2021-11-04 Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings
2021-11-01 Notice of appearance, Matthew W. Griener will appear before the Court and will present oral argument. His Majesty The King
2021-08-24 Intervener's book of authorities, (Book Form), Required: proof of service (rec'd 2021-08-26), Completed on: 2021-09-15, (Printed version filed on 2021-08-26) Attorney General of Ontario
2021-08-24 Intervener's factum, (Book Form), Required: proof of service (rec'd 2021-08-26), Completed on: 2021-09-15, (Printed version filed on 2021-08-26) Attorney General of Ontario
2021-08-24 Intervener's factum, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-24) Attorney General of New Brunswick
2021-08-24 Intervener's factum, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-24) Canadian Civil Liberties Association
2021-07-22 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-07-29) Russell Steven Tessier
2021-07-22 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-29) Russell Steven Tessier
2021-07-22 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-07-29) Russell Steven Tessier
2021-07-22 Respondent's record, (Book Form), Completed on: 2021-08-24, (Printed version due on 2021-07-29) Russell Steven Tessier
2021-07-22 Respondent's factum, (Book Form), Completed on: 2021-08-24, (Printed version due on 2021-07-29) Russell Steven Tessier
2021-07-13 Order on motion for leave to intervene, by the CHIEF JUSTICE
2021-07-13 Decision on the motion for leave to intervene, CJ, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of New Brunswick, and the Canadian 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 to exceed ten (10) pages in length, and book of authorities, if any, on or before August 24, 2021.

The Attorney General of Ontario and the Attorney General of New Brunswick are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

The Canadian Civil Liberties Association is 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 interventions.

Granted
2021-07-13 Submission of motion for leave to intervene, CJ
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing scheduled, 2021-12-06
Judgment reserved
2021-06-25 Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-07-02, (Printed version due on 2021-07-05) His Majesty The King
2021-06-24 Notice of name, (Letter Form), (Printed version filed on 2021-06-24) Canadian Civil Liberties Association
2021-06-24 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-20, (Printed version filed on 2021-06-24) Canadian Civil Liberties Association
2021-06-21 Motion for leave to intervene, (Letter Form), Missing: Filing Fee (rec' 07/05/21), Completed on: 2021-07-06, (Electronic version filed on 2021-06-30) Attorney General of Ontario
2021-06-18 Motion for leave to intervene, (Book Form), Completed on: 2021-06-25, (Printed version filed on 2021-06-18) Attorney General of New Brunswick
2021-05-27 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-06-03) His Majesty The King
2021-05-27 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-06-03) His Majesty The King
2021-05-27 Appellant's book of authorities, (Book Form), Completed on: 2021-06-28, (Printed version filed on 2021-05-27) His Majesty The King
2021-05-27 Appellant's record, (Book Form), (4 volumes), Completed on: 2021-06-28, (Printed version filed on 2021-05-27) His Majesty The King
2021-05-27 Appellant's factum, (Book Form), Completed on: 2021-06-28, (Printed version filed on 2021-05-27) His Majesty The King
2021-05-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email)
2021-04-01 Notice of appeal, (Letter Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-06) His Majesty The King
2021-03-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-03-05 Judgment on leave sent to the parties
2021-03-04 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 of Alberta (Calgary), Number 1801-0185-A, 2020 ABCA 289, dated August 4, 2020 is granted
Granted
2021-01-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-11-20 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-11-20, (Printed version filed on 2020-11-20) His Majesty The King
2020-11-12 Certificate (on limitations to public access), (Letter Form) Russell Steven Tessier
2020-11-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-11-12 Russell Steven Tessier
2020-10-15 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 10/15/20
2020-10-02 Certificate (on limitations to public access), (Letter Form) His Majesty The King
2020-10-02 Application for leave to appeal, (Book Form), Missing: Amended Notice of Application (rec' 10/19/20), Completed on: 2020-11-09 His Majesty The King