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.

Proceedings
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
2021-11-24 Transcript received, 108 pages

require: hard copy (rec'd 2021-11-30)
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
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
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 due on 2021-10-08)
Women's Legal Education and Action Fund Inc.
2021-10-01 Notice of name Criminal Lawyers' Association
2021-10-01 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version due on 2021-10-08)
Criminal Lawyers' Association
2021-10-01 Notice of name Canadian Civil Liberties Association
2021-10-01 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version due on 2021-10-08)
Canadian Civil Liberties Association
2021-09-28 Notice of name Empowerment Council
2021-09-28 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version due on 2021-10-06)
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 due on 2021-09-21)
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
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