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20411

Joseph Borowski v. Attorney General of Canada

(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)
1990-04-24 Copy of formal judgment being prepared, Mr. E.R. Sojonky, Q.C. C/O Dept. of Justice (Ottawa,ON)
1990-04-24 Copy of formal judgment being prepared, Angela M. Costigan (Toronto,ON)
1990-04-24 Copy of formal judgment being prepared, Gwen Brodsky (Toronto,ON)
1990-04-24 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-04-24 Formal judgment sent to the registrar of the court of appeal and all parties, (Regina,SK)
1989-03-14 Correspondence (sent by the Court) to, returning court record.
1989-03-14 Notice of deposit of judgment sent to all parties, Gowling & Henderson (Ott., Ont.)
1989-03-14 Notice of deposit of judgment sent to all parties, Ed Sojonky, Q.C. (Ott., Ont.)
1989-03-14 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ott., Ont.)
1989-03-14 Notice of deposit of judgment sent to all parties, Beament, Green, York (Ott., Ont.)
1989-03-09 Judgment on the appeal rendered, CJ McI La W LaF L'HD So, The appeal is dismissed with costs to the appellant incurred subsequent to the disposition of the motion to adjourn which was made on July 19, 1988.
Dismissed, with costs
1988-10-05 General proceeding, to note original plus 7 copies of transcripts received and given to Judges
1988-10-04 Book of authorities, (2 additional books) Attorney General of Canada
1988-10-04 General proceeding, to note original plus 7 copies of transcripts received and given to Judges
1988-10-03 Hearing of the appeal, 1988-10-03, (Appeal heard Oct 3 & 4, 1988), CJ McI La W LaF L'HD So
Decision reserved
1988-10-03 Appeal hearing scheduled, 1988-10-03, (Appeal heard Oct 3 & 4, 1988)
Decision reserved
1988-09-28 Book of authorities, 11 copies, Interfaith Coalition on the Rights and Wellbeing of Women and Children
1988-09-27 Book of authorities, 10 copies, vols. 1 & 2 Women's Legal Education and Action Fund
1988-09-26 Book of authorities, 8 copies including 9 copies of video cassettes R.E.A.L. Women of Canada
1988-09-26 General proceeding, 21 copies of index to case on appeal vol. 1 to 3 Joseph Borowski
1988-09-26 Trial court record
1988-09-22 Order on miscellaneous motion, to use Court monitors
1988-09-22 Decision on miscellaneous motion, to use Court monitors, Reg
Granted, no order as to costs
1988-09-22 Hearing of miscellaneous motion, 1988-09-22, to use Court monitors, Reg
1988-09-22 Submission of miscellaneous motion, 1988-09-22, to use Court monitors, Reg
1988-09-22 Book of authorities, 10 copies volumes 1 to 3 Attorney General of Canada
1988-09-21 Response to miscellaneous motion, to use Court monitors Attorney General of Canada
1988-09-21 Book of authorities, 1 copy of vol. 1 (selected authorities), with service Joseph Borowski
1988-09-19 Book of authorities, 10 copies of vols. 1, 2, 3, Joseph Borowski
1988-09-19 Notice of miscellaneous motion, for permission to use the Court monitors, with service Joseph Borowski
1988-09-19 Affidavit, for permission to use Court monitors Joseph Borowski
1988-09-16 Decision on motion to extend time, time to serve and file L.E.A.F.'s factum, L'HD
Granted, no order as to costs
1988-09-16 Hearing of motion to extend time, 1988-09-16, time to serve and file L.E.A.F.'s factum, L'HD
1988-09-16 Submission of motion to extend time, 1988-09-16, time to serve and file L.E.A.F.'s factum, L'HD
1988-09-16 Motion to extend time, time to serve and file L.E.A.F.'s factum Women's Legal Education and Action Fund
1988-09-16 Intervener's factum, 21 copies, with service Women's Legal Education and Action Fund
1988-09-15 Response to motion to extend time, time to serve and file L.E.A.F.'s factum Joseph Borowski
1988-09-15 Intervener's factum, received, served copy R.E.A.L. Women of Canada
1988-09-15 Order on motion for leave to intervene
1988-09-15 Intervener's factum, 21 copies, with service Interfaith Coalition on the Rights and Wellbeing of Women and Children
1988-09-14 Book of authorities, 10 copies volumes 1 to 4 R.E.A.L. Women of Canada
1988-09-14 Intervener's factum, 20 copies R.E.A.L. Women of Canada
1988-09-02 Decision on the motion for leave to intervene, (The intervenor shall file a factum of not more than 10 pages and limit oral argument to 15 mins.), LaF
Granted, no order as to costs
1988-09-02 Hearing of motion for leave to intervene, 1988-09-02, (The intervenor shall file a factum of not more than 10 pages and limit oral argument to 15 mins.), LaF
1988-09-02 Submission of motion for leave to intervene, 1988-09-02, (The intervenor shall file a factum of not more than 10 pages and limit oral argument to 15 mins.), LaF
1988-09-02 Hearing of motion for leave to intervene, 1988-09-02
Decision reserved
1988-09-02 Submission of motion for leave to intervene, 1988-09-02
Decision reserved
1988-09-01 Affidavit, of Suzanne R. Scorsone, 2 copies, with service Women's Legal Education and Action Fund
1988-08-25 Affidavit Interfaith Coalition on the Rights and Wellbeing of Women and Children
1988-08-25 Motion for leave to intervene Interfaith Coalition on the Rights and Wellbeing of Women and Children
1988-08-25 Service
1988-08-25 Affidavit, of Claude R. Thomson Interfaith Coalition on the Rights and Wellbeing of Women and Children
1988-08-25 Motion for leave to intervene Interfaith Coalition on the Rights and Wellbeing of Women and Children
1988-08-15 Respondent's factum, 21 copies, with service Attorney General of Canada
1988-07-19 Decision on motion to adjourn the hearing of the appeal, sine die, (time for filing of the Respondent's factum is extended to Aug 15/88) Appeal is dismissed with costs in any event of the cause., CJ
Dismissed, no order as to costs
1988-07-19 Hearing of motion to adjourn the hearing of the appeal, 1988-07-19, sine die, (time for filing of the Respondent's factum is extended to Aug 15/88) Appeal is dismissed with costs in any event of the cause., CJ
1988-07-19 Submission of motion to adjourn the hearing of the appeal, 1988-07-19, sine die, (time for filing of the Respondent's factum is extended to Aug 15/88) Appeal is dismissed with costs in any event of the cause., CJ
1988-07-18 General proceeding, to note 2 copies of respondent's reply to answer, with service Attorney General of Canada
1988-07-18 General proceeding, to note 2 copies of appelant's answer to motion, with service Joseph Borowski
1988-06-30 Affidavit, sine die, with service Attorney General of Canada
1988-06-30 Motion to adjourn the hearing of the appeal, sine die, 2 copies, with service Attorney General of Canada
1988-06-17 Appellant's factum, served copy, with service Joseph Borowski
1988-06-16 Appellant's factum, (revised) 19 copies Joseph Borowski
1988-06-02 Order on miscellaneous motion, for leave to cross-examine Constance Landalt of R.E.A.L. Women on her affidavit
1988-05-19 Decision on the motion for leave to intervene, (Factum not more than 20 pages and oral arguement not more than 20 minutes), La
Granted, no order as to costs
1988-05-19 Hearing of motion for leave to intervene, 1988-05-19, (Factum not more than 20 pages and oral arguement not more than 20 minutes), La
1988-05-19 Submission of motion for leave to intervene, 1988-05-19, (Factum not more than 20 pages and oral arguement not more than 20 minutes), La
1988-05-19 Decision on miscellaneous motion, for leave to cross-examine Constance Landalt of R.E.A.L. Women on her affidavit, La
Dismissed, no order as to costs
1988-05-19 Hearing of miscellaneous motion, 1988-05-19, for leave to cross-examine Constance Landalt of R.E.A.L. Women on her affidavit, La
1988-05-19 Submission of miscellaneous motion, 1988-05-19, for leave to cross-examine Constance Landalt of R.E.A.L. Women on her affidavit, La
1988-05-17 Affidavit, for leave to cross-examine Constance Landalt of R.E.A.L. Women on her affidavit Women's Legal Education and Action Fund
1988-05-17 Notice of miscellaneous motion, for leave to cross examine Constance Landalt of R.E.A.L. Women on her affidavit Women's Legal Education and Action Fund
1988-05-10 Service
1988-05-09 Affidavit, With service R.E.A.L. Women of Canada
1988-05-09 Motion for leave to intervene, With service R.E.A.L. Women of Canada
1988-04-15 Order on motion to expedite the appeal
1988-04-11 General proceeding, to note original copies of above affidavits filed.
1988-04-11 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Costs in the cause) (Revised appellant's factum by 88/06/15; Revised Resp. factum by 88/08/01; 2 days for hearing)
Granted, no order as to costs
1988-04-11 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1988-04-11, (Costs in the cause) (Revised appellant's factum by 88/06/15; Revised Resp. factum by 88/08/01; 2 days for hearing)
1988-04-11 Hearing of motion to expedite the appeal, 1988-04-11, (Costs in the cause) (Revised appellant's factum by 88/06/15; Revised Resp. factum by 88/08/01; 2 days for hearing)
1988-04-11 Submission of motion to expedite the appeal, 1988-04-11, (Costs in the cause) (Revised appellant's factum by 88/06/15; Revised Resp. factum by 88/08/01; 2 days for hearing)
1988-04-11 Affidavit, (original of Olga Stinson) Joseph Borowski
1988-04-08 Book of authorities, (brief of law) Joseph Borowski
1988-04-08 Affidavit, (of Olga Stinson) Joseph Borowski
1988-04-08 Affidavit, (of Ronald B.Hunter), with service Joseph Borowski
1988-04-08 Affidavit, (of Robert Andrew), with service Attorney General of Canada
1988-04-08 Affidavit, (of John D. Whyte), with service Joseph Borowski
1988-04-08 Affidavit, (of J.Stewart McMillan), with service Joseph Borowski
1988-04-07 Affidavit Joseph Borowski
1988-04-07 Motion to expedite the appeal, 2 copies, with service Joseph Borowski
1988-04-05 Correspondence (sent by the Court) to, dated 88/03/29
1988-02-23 General proceeding, to note notice of withdrawal of A.G. of Ontario Attorney General for the Province for Ontario
1987-12-18 Order on motion for leave to intervene, granted to L.E.A.F.
1987-12-16 Notice of hearing, With service Joseph Borowski
1987-12-10 Appeal perfected for hearing, Session beginning on 1988-01-25
1987-12-09 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (motion for expedited hearing dismissed; order for additional oral argument to be rendered at a later date)
Dismissed, no order as to costs
1987-12-09 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-12-09, (motion for expedited hearing dismissed; order for additional oral argument to be rendered at a later date)
1987-12-09 Hearing of motion to expedite the appeal, 1987-12-09, (motion for expedited hearing dismissed; order for additional oral argument to be rendered at a later date)
1987-12-09 Submission of motion to expedite the appeal, 1987-12-09, (motion for expedited hearing dismissed; order for additional oral argument to be rendered at a later date)
1987-12-08 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1987-12-08
Decision reserved
1987-12-08 Hearing of motion to expedite the appeal, 1987-12-08
Decision reserved
1987-12-08 Submission of motion to expedite the appeal, 1987-12-08
Decision reserved
1987-12-03 Service
1987-12-03 Affidavit Joseph Borowski
1987-12-03 Motion to expedite the appeal, and for additional time to present oral argument Joseph Borowski
1987-12-03 Appellant's factum, served copy, with service Joseph Borowski
1987-12-02 Appellant's factum, 20 copies Joseph Borowski
1987-11-27 Case on appeal, served copy, with service Joseph Borowski
1987-11-26 Certified casebook Joseph Borowski
1987-11-26 Case on appeal, 20 copies vols. 1 to 4 Joseph Borowski
1987-11-09 Order on motion to state a constitutional question, (amended)
1987-11-09 Notice of intervention respecting a constitutional question Attorney General for the Province for Ontario
1987-10-19 Notice of constitutional question(s), With service Joseph Borowski
1987-10-14 Order on motion to state a constitutional question
1987-10-07 Decision on the motion for leave to intervene, (factum not more than 20 pages to be filed 20 days of the filing of R01's factum and argument not mo re than 20 minutes), LeD
Granted, no order as to costs
1987-10-07 Hearing of motion for leave to intervene, 1987-10-07, (factum not more than 20 pages to be filed 20 days of the filing of R01's factum and argument not mo re than 20 minutes), LeD
1987-10-07 Submission of motion for leave to intervene, 1987-10-07, (factum not more than 20 pages to be filed 20 days of the filing of R01's factum and argument not mo re than 20 minutes), LeD
1987-10-07 Decision on the motion to state a constitutional question, (see file or Registrar's red book #6 @ p. 325), McI
Granted, no order as to costs
1987-10-07 Hearing of the motion to state a constitutional question, 1987-10-07, (see file or Registrar's red book #6 @ p. 325), McI
1987-10-07 Submission of motion to state a constitutional question, 1987-10-07, (see file or Registrar's red book #6 @ p. 325), McI
1987-09-30 Motion to state a constitutional question, With service Joseph Borowski
1987-09-29 Hearing of motion for leave to intervene, 1987-09-29
Decision reserved
1987-09-29 Submission of motion for leave to intervene, 1987-09-29
Decision reserved
1987-09-29 Correspondence (sent by the Court) to, supplementary afidavit of Mary Eberts
1987-09-23 Service
1987-09-23 Affidavit, With service Women's Legal Education and Action Fund
1987-09-23 Motion for leave to intervene, With service Women's Legal Education and Action Fund
1987-09-14 Notice of appeal, served copy Joseph Borowski
1987-09-14 Notice of deposit of security, served copy, with service
1987-09-09 $500 security deposit paid, $500.00, receipt # 2011 Joseph Borowski
1987-08-27 Notice of appeal, With service Joseph Borowski
1987-08-06 Order granting leave to appeal
1987-08-05 Correspondence received from, from E. Bisson to Registrar (Regina,SK)
1987-07-29 Judgment of the Court on the application for leave to appeal, B E McI
Granted, no order as to costs
1987-06-22 Hearing of the application for leave to appeal, 1987-06-22, B E McI
Decision reserved
1987-06-22 All materials on application for leave submitted to the Judges, 1987-06-22, B E McI
Decision reserved
1987-06-15 Respondent's response on the application for leave to appeal, 5 copies, with service Attorney General of Canada
1987-06-09 Court of Appeal casebooks and transcripts of evidence, 1 copy, Vols. 1 to 5
1987-05-27 Application for leave to appeal, 4 copies 1 copy, with service, Completed on: 1987-05-27 Joseph Borowski
1987-05-27 Appeal Court record
1987-05-15 $30.00 filing fee, receipt # 10639 Joseph Borowski
1987-05-15 Notice of application for leave to appeal, With service Joseph Borowski

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
Borowski, Joseph Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Women's Legal Education and Action Fund Intervener Active
R.E.A.L. Women of Canada Intervener Active
Interfaith Coalition on the Rights and Wellbeing of Women and Children Intervener Active

Counsel

Party: Borowski, Joseph

Counsel
Names
Morris C. Shumiatcher, Q.C.
R. Bradley Hunter
Contact information
Shumiatcher-Fox
2100 SCARTH ST
REGINA, Saskatchewan
S4P 2H6
Telephone: (306) 352-2651
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur 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 Canada

Counsel
Names
Edward R. Sojonky, Q.C.
Mark R. Kindrachuk
Contact information
Attorney General of Canada
284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4871
FAX: (613) 954-1920

Party: Women's Legal Education and Action Fund

Counsel
Names
Gwen Brodsky
Mary Eberts
Helena Orton
Contact information
B.C. Public Interest Advocacy Centre
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896

Party: R.E.A.L. Women of Canada

Counsel
Names
Angela M. Costigan
Karla Gower
Contact information
Costigan & Costigan
410 - 120 CARLTON ST
TORONTO, Ontario
M5A 4K2
Telephone: (416) 922-8611
FAX: (416) 922-1963

Party: Interfaith Coalition on the Rights and Wellbeing of Women and Children

This party is not represented by counsel.

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

October 13, 1986
Court of Queen’s Bench of Saskatchewan

793

action dismissed

April 30, 1987
Court of Appeal for Saskatchewan

2633

appeal dismissed

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