Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
21401
Craig Alexander Bain v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1992-03-05 | Appeal closed | |
| 1992-02-06 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (OttawaON) | |
| 1992-02-06 | Copy of formal judgment being prepared, Graham Garton c/o Dept. of Justice (Ottawa,ON) | |
| 1992-02-06 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1992-02-05 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1992-01-23 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-01-23 | Notice of deposit of judgment sent to all parties, Deputy Attorney General Of Canada (Ottawa,ON) | |
| 1992-01-23 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston & Associates (Ottawa,ON) | |
| 1992-01-23 |
Judgment on the appeal rendered, CJ LaF G Co McL St Ia, The appeal is allowed, the order of the Court of Appeal set aside and the acquittal of the appellant restored, Gonthier, McLachlin & Iacobucci dissenting JJ. Allowed, no order as to costs |
|
| 1991-12-04 | General proceeding, to note copy of letter dated Dec. 2, 1991 from Mr. Jeff Casey & copy of decision of the Court of Appeal of Ontario in case Queen v. Pizzacalla issued to Chief Justice Lamer and Justices LaForest, L'Heureux-Dubé, Sopinka, Gonthier, Cory and McLachlin | |
| 1991-12-03 | Correspondence (sent by the Court) to, from Jeff Casey; re: recent decision of the Supreme Court of Ontario in Pizzacalla v. R. | |
| 1991-07-11 | General proceeding, transcripts received and distributed to the justices (125 pages) | |
| 1991-06-26 |
Hearing of the appeal, 1991-06-26, CJ LaF G Co McL St Ia Decision reserved |
|
| 1991-06-26 | General proceeding, ***entered in error*** | Craig Alexander Bain |
| 1991-06-26 | General proceeding, additional authorities EDMONSON V. LEESVILLE (the U.S. law Week) distributed to the justices as requested in Court | Attorney General of Canada |
| 1991-06-26 | General proceeding, additional authorities HOLLAND V. ILLINOIS distributed to the justices as requested in Court | Attorney General of Canada |
| 1991-06-24 | Book of authorities, 10 copies of vols. 1, 2. | Craig Alexander Bain |
| 1991-06-21 | Book of authorities, 10 copies | Her Majesty the Queen |
| 1991-06-14 | Respondent's factum, 21 copies, with service | Her Majesty the Queen |
| 1991-06-05 | Intervener's factum, 21 copies, with service | Attorney General of Canada |
| 1991-04-26 |
Appeal hearing scheduled, 1991-06-26 Decision reserved |
|
| 1991-04-19 | Notice of hearing, With service | Craig Alexander Bain |
| 1991-04-16 | Appeal perfected for hearing, Session beginning on 1991-04-29 | |
| 1991-04-12 | Appellant's factum, 21 copies, with service | Craig Alexander Bain |
| 1991-03-27 | Certified casebook, Vol. I, II & III, with service | Craig Alexander Bain |
| 1991-03-26 | General proceeding, transcripts received (15 pages) | |
| 1991-03-21 | Case on appeal, 21 copies of vol. I,II & III | Craig Alexander Bain |
| 1991-03-08 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Traversed, no order as to costs |
|
| 1991-03-08 |
Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-03-08 Decision reserved |
|
| 1991-03-08 |
Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-03-08 Decision reserved |
|
| 1991-03-07 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1991-03-07 | Affidavit, Brian J. Gover; for the motion that this appeal shall not be deemed abandoned | Her Majesty the Queen |
| 1991-03-07 | Affidavit, **ENTERED IN ERROR** | Craig Alexander Bain |
| 1991-03-07 | Affidavit, Timothy E. Breen | Craig Alexander Bain |
| 1991-03-07 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Craig Alexander Bain |
| 1991-03-06 | Proof of service, (Canada Post acknowledgment of Receipt Card) filed. Item delivered on Feb 18, 1991 to Office of the Attorney General for Ontario (Toronto,ON) | |
| 1991-03-06 | Proof of service, (Canada Post acknowledgment of Receipt Card) filed. Item delivered on (no date listed) C/O Rosen, Fleming (Toronto,ON) | |
| 1991-02-12 | Correspondence (sent by the Court) to, sent to James C. Fleming C/O Rosen, Fleming (Toronto,ON) advising him that he is required to appear before the Court on Monday March 18, 1991 to show cause why this appeal should not be quashed pursuant to subsection 695(2) of the Criminal Code of Canada. | |
| 1989-07-10 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1989-06-16 | Notice of constitutional question(s), With service | Craig Alexander Bain |
| 1989-06-13 | Order on motion to state a constitutional question | |
| 1989-06-07 |
Decision on the motion to state a constitutional question, (for Constitutional Questions see file or Reg's Red Bk #7 @ p. 196. Interventions by July 10/89)., CJ Granted, no order as to costs |
|
| 1989-06-07 | Hearing of the motion to state a constitutional question, 1989-06-07, (for Constitutional Questions see file or Reg's Red Bk #7 @ p. 196. Interventions by July 10/89)., CJ | |
| 1989-06-07 | Submission of motion to state a constitutional question, 1989-06-07, (for Constitutional Questions see file or Reg's Red Bk #7 @ p. 196. Interventions by July 10/89)., CJ | |
| 1989-06-01 | Response to the motion to state a constitutional question, and to extend time nunc pro tunc, with service | Her Majesty the Queen |
| 1989-06-01 | Motion to state a constitutional question, and to extend time nunc pro tunc, with service | Craig Alexander Bain |
| 1989-03-29 | Order on motion to extend time to serve and/or file notice of appeal, (nunc pro tunc to Mar.23/89). | |
| 1989-03-23 | $30.00 filing fee, receipt #13677 | Craig Alexander Bain |
| 1989-03-23 | Notice of appeal, With service | Craig Alexander Bain |
| 1989-03-23 |
Decision on motion to extend time to serve and/or file notice of appeal, (nunc pro tunc to Mar.23/89)., So Granted, no order as to costs |
|
| 1989-03-23 | Hearing of motion to extend time to serve and/or file notice of appeal, 1989-03-23, (nunc pro tunc to Mar.23/89)., So | |
| 1989-03-23 | Submission of motion to extend time to serve and/or file notice of appeal submitted, 1989-03-23, (nunc pro tunc to Mar.23/89)., So | |
| 1989-03-23 | Response to motion to extend time to serve and/or file notice of appeal | Her Majesty the Queen |
| 1989-03-23 | Affidavit | Craig Alexander Bain |
| 1989-03-23 | Motion to extend the time to serve and/or file the notice of appeal | Craig Alexander Bain |
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
| Name | Role | Status |
|---|---|---|
| Bain, Craig Alexander | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Bain, Craig Alexander
Counsel
J.C. Fleming
370 Bloor St. E.
Toronto, Ontario
M4W 3M6
Telephone: (416) 927-9000
FAX: (416) 927-9069
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Jeff Casey
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca
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
District Court of Ontario
Not available
Acquittal: Sexual assault
Court of Appeal for Ontario
Not available
Appeal allowed - New trial ordered
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
Related links
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
Related links
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
Not available