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20384

Her Majesty the Queen, et al. v. Claude R. Beare, et al.

(Saskatchewan) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1988-12-01 General proceeding, - Reasons distributed - The appeal was allowed on Dec 17/87. The Court reserved judgment on the constitutional questions and costs. Answer to question #1 - No. In view of the answer to question 1, it is not necessary to answer question #2. There will be n
1988-07-12 Correspondence (sent by the Court) to, to note copy of judgment sent to Mr. MacKay (Regina,Sk)
1988-07-12 Correspondence (sent by the Court) to, to note copy of judgment sent to R. Richards (Regina,SK)
1988-05-17 Formal judgment sent to the registrar of the court of appeal and all parties, (Regina,Sk)
1988-01-18 Correspondence (sent by the Court) to, dated Jan 14/88 from R. Richards (letter issued to the justices)
1987-12-16 Judgment on the appeal rendered, (Appeal heard Dec 16th and 17th), CJ B E McI La W LeD LaF L'HD
Allowed, no order as to costs
1987-12-16 Hearing of the appeal, 1987-12-16, (Appeal heard Dec 16th and 17th), CJ B E McI La W LeD LaF L'HD
1987-12-16 Correspondence (sent by the Court) to, dated Dec 15/87 from B.A. Crane, Q.C.
1987-12-11 Notice of withdrawal Attorney General of Quebec
1987-12-11 Intervener's factum, (served copy), with service Canadian Association of Chiefs of Police
1987-12-08 Book of authorities, 10 copies, volume 1 & 2 Her Majesty the Queen
1987-12-07 Book of authorities, 10 copies Attorney General of Manitoba
1987-12-04 Book of authorities, 12 copies Attorney General of Alberta
1987-12-04 Intervener's factum, 21 copies, with service Attorney General of Alberta
1987-12-03 Notice of withdrawal Attorney General of British Columbia
1987-12-01 Intervener's factum, , 21 copies Attorney General for Ontario
1987-12-01 Intervener's factum, , 21 copies Attorney General of Manitoba
1987-12-01 General proceeding, , 10 copies of Intervenor's factum on motion to adduce new evidence, with service Attorney General of Manitoba
1987-12-01 Intervener's factum, 21 copies, with service Attorney General of Canada
1987-12-01 Intervener's factum, (served copy), with service Attorney General of New Brunswick
1987-11-30 General proceeding, to note served copy of Intervenor's factum on motion to adduce new evidence, with service Attorney General of Canada
1987-11-30 Intervener's factum, 20 copies, with service Attorney General of New Brunswick
1987-11-26 General proceeding, to note 21 copies of Intervenor's factum on motion to adduce new evidence Attorney General of Canada
1987-11-24 Intervener's factum, (served copy), with service Canadian Association of Chiefs of Police
1987-11-23 Intervener's factum, , 20 copies Canadian Association of Chiefs of Police
1987-11-16 Order on motion for leave to intervene
1987-11-10 Decision on the motion for leave to intervene, (Factum by Dec 01/1987 & oral argument limited to 15 mins.), B
Granted, no order as to costs
1987-11-10 Hearing of motion for leave to intervene, 1987-11-10, (Factum by Dec 01/1987 & oral argument limited to 15 mins.), B
1987-11-10 Submission of motion for leave to intervene, 1987-11-10, (Factum by Dec 01/1987 & oral argument limited to 15 mins.), B
1987-11-06 Affidavit, With service Canadian Association of Chiefs of Police
1987-11-06 Motion for leave to intervene, With service Canadian Association of Chiefs of Police
1987-11-02 Order on motion to extend time
1987-11-02 Decision on motion to extend time, time to file notice of intervention, B
Granted, no order as to costs
1987-11-02 Hearing of motion to extend time, 1987-11-02, time to file notice of intervention, B
1987-11-02 Submission of motion to extend time, 1987-11-02, time to file notice of intervention, B
1987-11-02 Respondent's factum, With service Claude R. Beare
1987-10-30 Decision on miscellaneous motion, for an order requiring appellant to pay solicitor & client costs & in the alternative, that counsel for Higgins no longer represent the Respondent. - Motion as to costs abandoned. Order that W.J. Hende no longer represent Higgins granted., LaF
Granted, no order as to costs
1987-10-30 Hearing of miscellaneous motion, 1987-10-30, for an order requiring appellant to pay solicitor & client costs & in the alternative, that counsel for Higgins no longer represent the Respondent. - Motion as to costs abandoned. Order that W.J. Hende no longer represent Higgins granted., LaF
1987-10-30 Submission of miscellaneous motion, 1987-10-30, for an order requiring appellant to pay solicitor & client costs & in the alternative, that counsel for Higgins no longer represent the Respondent. - Motion as to costs abandoned. Order that W.J. Hende no longer represent Higgins granted., LaF
1987-10-30 Affidavit, With service Canadian Association of Chiefs of Police
1987-10-30 Motion for leave to intervene, With service Canadian Association of Chiefs of Police
1987-10-30 Response to motion to extend time, time to file notice of intervention Frederick G. Higgins
1987-10-30 Response to motion to extend time, time to file notice of intervention Claude R. Beare
1987-10-30 Affidavit, time to file notice of intervention Attorney General of Manitoba
1987-10-30 Motion to extend time, time to file notice of intervention Attorney General of Manitoba
1987-10-28 Affidavit, fo R.S. Richards Her Majesty the Queen
1987-10-23 Affidavit, for an order requiring appellant to pay solicitor & client costs and in the alternative that counsel for Higgins no longer represent the Respondent, with service Frederick G. Higgins
1987-10-23 Notice of miscellaneous motion, for an order requiring appellant to pay solicitor & client costs & in the alternative, that counsel for Higgins no longer represents the Respondent, with service Frederick G. Higgins
1987-10-21 Appellant's factum, , 20 copies, with service Her Majesty the Queen
1987-10-20 Notice of intervention respecting a constitutional question Attorney General of Quebec
1987-10-20 General proceeding, to note 21 copies of case returned from printer
1987-10-20 General proceeding, to note 21 copies of case given to printer
1987-10-19 Notice of intervention respecting a constitutional question Attorney General of Alberta
1987-10-16 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1987-10-15 Notice of intervention respecting a constitutional question Attorney General of British Columbia
1987-10-09 Order on motion to state a constitutional question, (served copy), with service
1987-10-09 Order on motion to state a constitutional question, (served copy), with service
1987-10-08 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1987-10-05 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
1987-09-30 Appeal hearing scheduled, 1987-12-16
1987-09-30 Motion to state a constitutional question, With service Her Majesty the Queen
1987-09-30 Notice of hearing Her Majesty the Queen
1987-09-29 Case on appeal, , 21 copies Her Majesty the Queen
1987-09-24 Order on motion to state a constitutional question
1987-09-24 Order on motion to state a constitutional question
1987-09-23 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book # ?? @ p. 311. Interventions by Oct 20/87), CJ
Granted, no order as to costs
1987-09-23 Hearing of the motion to state a constitutional question, 1987-09-23, (For Constitutional Question see file or Reg's Red Book # ?? @ p. 311. Interventions by Oct 20/87), CJ
1987-09-23 Submission of motion to state a constitutional question, 1987-09-23, (For Constitutional Question see file or Reg's Red Book # ?? @ p. 311. Interventions by Oct 20/87), CJ
1987-09-17 Appeal perfected for hearing, Session beginning on 1987-10-01
1987-09-17 Order on motion to expedite the appeal
1987-09-16 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard Dec 16th & 17th)
Granted, no order as to costs
1987-09-16 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-09-16, (Appeal to be heard Dec 16th & 17th)
1987-09-16 Hearing of motion to expedite the appeal, 1987-09-16, (Appeal to be heard Dec 16th & 17th)
1987-09-16 Submission of motion to expedite the appeal, 1987-09-16, (Appeal to be heard Dec 16th & 17th)
1987-09-14 Affidavit, of R.G. Richards & E. Swayze Her Majesty the Queen
1987-09-14 Motion to expedite the appeal Her Majesty the Queen
1987-09-11 Correspondence (sent by the Court) to, dated Sept 04/85 from W.J. Herle
1987-09-09 Response to the motion to state a constitutional question, of D.G. MacKay Claude R. Beare
1987-09-09 Motion to state a constitutional question, With service Frederick G. Higgins
1987-09-09 Motion to state a constitutional question, With service Her Majesty the Queen
1987-09-09 Order granting leave to appeal
1987-09-09 Notice of appeal, (served copy), with service Her Majesty the Queen
1987-08-06 Notice of appeal Her Majesty the Queen
1987-08-05 Correspondence received from, advising of judgment sent to F.C. Newis (Regina,Sk)
1987-07-29 Judgment of the Court on the application for leave to appeal, CJ E W
Granted, no order as to costs
1987-06-26 Respondent's response on the application for leave to appeal, , 5 copies, with service Frederick G. Higgins
1987-06-01 Hearing of the application for leave to appeal, 1987-06-01, CJ E W
Decision reserved
1987-06-01 All materials on application for leave submitted to the Judges, 1987-06-01, CJ E W
Decision reserved
1987-05-26 Respondent's response on the application for leave to appeal, , 5 copies, with service Claude R. Beare
1987-05-08 Application for leave to appeal, (Returnable 1987/06/01) 4 copies , 1 copy, Completed on: 1987-05-11 Her Majesty the Queen
1987-04-22 $30.00 filing fee, receipt # 10541 Her Majesty the Queen
1987-04-22 Notice of application for leave to appeal Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Beare, Claude R. Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Sub parties (1) - Respondents
Name Role Status
Higgins, Frederick G. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Manitoba Intervener Active
Canadian Association of Chiefs of Police Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Robert G. Richards, Q.C.
Contact information
Attorney General for Saskatchewan
1874 Scarth St.
P.O. Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 878-5603
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Beare, Claude R.

Counsel
Name
David G. Mackay
Contact information
MacKay & McLean
2042 Cornwall St
Regina, Saskatchewan
S4P 2K5
Telephone: (306) 569-1301
FAX: (306) 569-8560

Party: Higgins, Frederick G.

Counsel
Name
W.J. Herle
Contact information
Herle & Company
2062 CORNWALL ST
REGINA, Saskatchewan
S4P 2K5
Telephone: (306) 565-3393
FAX: (306) 565-2615

Party: Attorney General of Alberta

Counsel
Name
Jack A. Watson, Q.C.
Contact information
Attorney General of Alberta
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of New Brunswick

Counsel
Name
Barry Athey
Contact information
Attorney General of New Brunswick
CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Manitoba

Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Canadian Association of Chiefs of Police

Counsel
Name
John J. Robinette, Q.C.
Contact information
McCarthy Tétrault
4700 TD BANK TOWER
PO BOX 48
TORONTO, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General for Ontario

Counsel
Name
S. Casey Hill
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Name
Frank Iacobucci, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

April 4, 1983
Court of Queen’s Bench of Saskatchewan

C.S. 1079

Appl'n for inter alia, declaration that part of summons of no force & effect

April 14, 1987
Court of Appeal for Saskatchewan

939 & 970

Appeals allowed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13