Docket
39781
Matthew Winston Brown v. Her Majesty The Queen
(Alberta) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-05-25 | Appeal closed | |
| 2022-05-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-05-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-05-13 | 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 2001-0071A, 2021 ABCA 273, dated July 29, 2021, heard on November 9, 2021, is allowed. Section 33.1 of the Criminal Code, R.S.C. 1985, c. C-46, infringes ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and the infringements are not justified under s. 1. Section 33.1 is declared unconstitutional and of no force or effect. The judgment of the Court of Appeal is set aside and the appellant’s acquittal on the count of unlawful break and enter of a dwelling house and committing aggravated assault therein is restored. Allowed |
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| 2021-11-24 | Transcript received, 108 pages require: hard copy (rec'd 2021-11-30) |
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| 2021-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2021-11-09 | Hearing of the appeal, 2021-11-09, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
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| 2021-11-05 | Appellant's condensed book, (Book Form), A supplemental authority to condensed book rec'd on 2021-11-04 , (Printed version filed on 2021-11-05) |
Matthew Winston Brown |
| 2021-11-05 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Attorney General of Canada |
| 2021-11-05 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Her Majesty The Queen |
| 2021-11-05 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Attorney General of Saskatchewan |
| 2021-11-03 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Attorney General of Ontario |
| 2021-11-03 | Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing | |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Saskatchewan |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Saskatchewan |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Canada |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Canada |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of British Columbia |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Manitoba |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Criminal Lawyers' Association |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Criminal Lawyers' Association |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Women's Legal Education and Action Fund Inc. |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Women's Legal Education and Action Fund Inc. |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Canadian Civil Liberties Association |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Empowerment Council |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Corrected factum rec'd 2021-10-26, Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Ontario |
| 2021-10-22 | Certificate (on limitations to public access) | Her Majesty The Queen |
| 2021-10-22 | Respondent's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-22) | Her Majesty The Queen |
| 2021-10-22 | Respondent's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-22) | Her Majesty The Queen |
| 2021-10-18 | Notice of appearance, (Letter Form), Michael H. Morris, Roy Lee and Rebecca Sewell will appear at the hearing. Michael H. Morris will present oral argument. , (Printed version due on 2021-10-25) | Attorney General of Canada |
| 2021-10-18 | Notice of appearance, (Letter Form), Noah Wernikowski will appear and present oral argument at the hearing., (Printed version due on 2021-10-25) | Attorney General of Saskatchewan |
| 2021-10-18 | Notice of appearance, (Letter Form), Deborah J. Alford will appear and present oral argument at the hearing., (Printed version due on 2021-10-25) | Her Majesty The Queen |
| 2021-10-18 | Notice of appearance, (Letter Form), Ami Kotler will appear and present oral argument at the hearing. , (Printed version due on 2021-10-25) | Attorney General of Manitoba |
| 2021-10-14 | Notice of appearance, (Letter Form), Lara Kinkartz and Megan Stephens will appear at the hearing. Lara Kinkartz will present oral argument. , (Printed version due on 2021-10-21) | Women's Legal Education and Action Fund Inc. |
| 2021-10-14 | Order on motion for leave to intervene, (by Justice Karakatsanis) (Sent to parties electronically) | |
| 2021-10-14 | Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Canadian Civil Liberties Association, the Criminal Lawyers’ Association, the Women’s Legal Education and Action Fund Inc. and the Empowerment Council for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted and the said four (4) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before October 26, 2021. The said four (4) interveners are 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 the respondent any additional disbursements resulting from their intervention. Granted |
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| 2021-10-14 | Submission of motion for leave to intervene, (4 motions), Ka | |
| 2021-10-13 | Notice of appearance, (Letter Form), Michael Perlin and Jeffrey Wyngaarden will appear at the hearing. Michael Perlin will present oral argument. Amended notice of appareance rec'd 2021-10-22, (Printed version due on 2021-10-20) |
Attorney General of Ontario |
| 2021-10-12 | Notice of appearance, (Letter Form), Carter Martell, Anita Szigeti, Sarah Rankin and Maya Kotob will appear at the hearing. Carter Martell will present oral argument. , (Printed version due on 2021-10-19) |
Empowerment Council |
| 2021-10-12 | Notice of appearance, (Letter Form), Lindsay Daviau and Eric Neubauer will appear at the hearing. Lindsay Daviau will present oral argument., (Printed version due on 2021-10-19) | Criminal Lawyers' Association |
| 2021-10-12 | Notice of appearance, (Letter Form), Anil K. Kapoor and Dana Achtemichuk will appear at the hearing ; Anil Kapoor will present oral argument. , (Printed version due on 2021-10-19) |
Canadian Civil Liberties Association |
| 2021-10-06 | Notice of appearance, (Letter Form), Lara Vizsolyi will appear and present oral argument at the hearing. , (Printed version due on 2021-10-14) | Attorney General of British Columbia |
| 2021-10-05 | Notice of appearance, (Letter Form), Sean Fagan and Michelle Biddulph will appear and present oral argument at the hearing. rec'd amended notice of appearance 2021-10-12 , (Printed version due on 2021-10-13) |
Matthew Winston Brown |
| 2021-10-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-06 | Matthew Winston Brown |
| 2021-10-05 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-06 | Empowerment Council |
| 2021-10-04 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-05 | Her Majesty The Queen |
| 2021-10-01 | Notice of name | Women's Legal Education and Action Fund Inc. |
| 2021-10-01 | Motion for leave to intervene, (Book Form), MISSING: Filing fee, Incomplete, (Printed version filed on 2021-10-01) |
Women's Legal Education and Action Fund Inc. |
| 2021-10-01 | Notice of name, (Letter Form), (Printed version filed on 2021-10-04) | Criminal Lawyers' Association |
| 2021-10-01 | Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-10-04) |
Criminal Lawyers' Association |
| 2021-10-01 | Notice of name, (Letter Form), (Printed version filed on 2021-10-01) | Canadian Civil Liberties Association |
| 2021-10-01 | Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-10-01) |
Canadian Civil Liberties Association |
| 2021-09-28 | Notice of name, (Printed version filed on 2021-09-29) | Empowerment Council |
| 2021-09-28 | Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-09-29) |
Empowerment Council |
| 2021-09-28 | Order on motion to extend time, by Justice Karakatsanis (sent by email) | |
| 2021-09-28 | Decision on motion to extend time, Ka, UPON APPLICATION by the Attorney General of Ontario for an order extending the time to serve and file the notice of intervention on a constitutional question to September 14, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2021-09-28 | Submission of motion to extend time, Ka | |
| 2021-09-22 | Supplemental document, (Book Form), Supplemental record - VD-2 Document Entitled “Memorandum of Argument of the Crown" in the Court of Queen’s Bench of Alberta, Completed on: 2021-09-27, (Printed version due on 2021-09-29) | Matthew Winston Brown |
| 2021-09-17 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-09-24) | Matthew Winston Brown |
| 2021-09-17 | Appellant's book of authorities, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-17) | Matthew Winston Brown |
| 2021-09-17 | Appellant's record, (Book Form), (5 volumes), Rec'd on 2021-09-22: - Supplemental record - Corrected table of contents - Vols. I-III, Completed on: 2021-09-27, (Printed version filed on 2021-09-17) |
Matthew Winston Brown |
| 2021-09-17 | Appellant's factum, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-17) | Matthew Winston Brown |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-15 | Matthew Winston Brown |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-15 | Her Majesty The Queen |
| 2021-09-14 | Motion to extend time, (Book Form), (to serve and file a notice of intent to intervene with respect to CQ) Missing: Filing Fee, Incomplete, (Electronic version filed on 2021-09-14) |
Attorney General of Ontario |
| 2021-09-14 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-15, (Printed version due on 2021-09-21) | Attorney General of Ontario |
| 2021-09-14 | Notice of hearing sent to parties, (sent by email) | |
| 2021-09-13 | Appeal hearing scheduled, 2021-11-09, (see order 2021-09-13 for filing deadlines) Judgment reserved |
|
| 2021-09-13 | Order on motion to expedite the appeal, by Justice Moldaver (sent by email) | |
| 2021-09-13 | Decision on motion to expedite the appeal, Mo, UPON APPLICATION by the appellant for an order to expedite the hearing of his appeal and to abridge the filing deadlines, pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the appeal will be heard on November 9, 2021. The appellant shall serve and file his factum, record and, if any, book of authorities on or before September 17, 2021. The respondent shall serve and file its factum, record and, if any, book of authorities on or before October 22, 2021. Any interveners wishing to intervene in this appeal shall serve and file their motion for intervention on or before October 1, 2021. Any responses to the interventions, if any, shall be served and filed on or before October 6, 2021. Any replies to the responses, if any, shall be served and filed on or before October 8, 2021. Any interveners granted permission to intervene, if any, shall serve and file their factum, record and book of authorities, if any, on or before October 26, 2021. Attorneys General intervening on a constitutional question shall serve and file their factum, record and book of authorities, if any, on or before October 26, 2021. Granted |
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| 2021-09-13 | Submission of motion to expedite the appeal, Mo | |
| 2021-09-09 | Correspondence received from, Anil K. Kapoor, Re: intent of CCLA to intervene | Canadian Civil Liberties Association |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version due on 2021-09-14) | Attorney General of Canada |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version due on 2021-09-14) | Attorney General of British Columbia |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version due on 2021-09-14) | Attorney General of Manitoba |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version filed on 2021-09-07) | Attorney General of Saskatchewan |
| 2021-09-01 | Correspondence received from, (Letter Form), filing of CA order and record of criminal trial, (Printed version filed on 2021-09-21) | Matthew Winston Brown |
| 2021-08-31 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2021-08-31 | |
| 2021-08-30 | Correspondence received from, (Letter Form), AGC position on motion to expedite | Attorney General of Canada |
| 2021-08-24 | Reply to motion to expedite the appeal, (Letter Form), Completed on: 2021-08-31, (Printed version due on 2021-08-31) | Matthew Winston Brown |
| 2021-08-20 | Response to motion to expedite the appeal, (Letter Form), Completed on: 2021-08-20, (Printed version due on 2021-08-27) | Her Majesty The Queen |
| 2021-08-10 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Correspondence received from, (Letter Form), This appeal raises an identical issue to the appeals in R. v. Sullivan et al. SCC File No. 39270, (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Motion to expedite the appeal, (Book Form), Completed on: 2021-08-31, (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Notice of constitutional question(s), (Book Form), Completed on: 2021-08-20, (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Notice of appeal, (Book Form), require: - Final CA Order (rec'd 2021-09-01) - Record of criminal trial (rec'd 2021-09-01), Completed on: 2021-09-09, (Printed version filed on 2021-08-10) |
Matthew Winston Brown |
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