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21494

Her Majesty the Queen v. Mary Charlotte Sullivan, et al.

(British Columbia) (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)
1994-07-13 Appeal closed
1991-04-02 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1991-04-02 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-04-02 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1991-04-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-03-21 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-03-21 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1991-03-21 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1991-03-21 Judgment on the appeal rendered, CJ W LaF L'HD So G Co McL St
Allowed, no order as to costs
1990-11-13 General proceeding, transcripts received and distributed to the justices (155 pages)
1990-10-30 Hearing of the appeal, 1990-10-30, CJ W LaF L'HD So G Co McL St
Decision reserved
1990-10-26 Book of authorities, 10 copies of vol. I & II (joint with 21080) Women's Legal Education and Action Fund
1990-10-24 Service, 1 copy of joint book of authorities, with service
1990-10-19 Order on motion for additional time to present oral argument
1990-10-19 Book of authorities, joint 10 copies Her Majesty the Queen
1990-10-05 Intervener's factum, 21 copies, with service Women's Legal Education and Action Fund
1990-10-02 Order on motion to expedite the appeal, With service
1990-09-27 Appeal hearing scheduled, 1990-10-30
Decision reserved
1990-09-17 Decision on motion for additional time to present oral argument, (time extended to 5 hrs. and 15 mins. for the hearing of these appeals), CJ
Granted, no order as to costs
1990-09-17 Hearing of motion for additional time to present oral argument, 1990-09-17, (time extended to 5 hrs. and 15 mins. for the hearing of these appeals), CJ
1990-09-17 Submission of motion for additional time to present oral argument, 1990-09-17, (time extended to 5 hrs. and 15 mins. for the hearing of these appeals), CJ
1990-09-17 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard October 30, 1990)
Granted, no order as to costs
1990-09-17 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-09-17, (Appeal to be heard October 30, 1990)
1990-09-17 Hearing of motion to expedite the appeal, 1990-09-17, (Appeal to be heard October 30, 1990)
1990-09-17 Submission of motion to expedite the appeal, 1990-09-17, (Appeal to be heard October 30, 1990)
1990-09-11 Response to the motion for additional time to present oral argument Her Majesty the Queen
1990-09-11 Response to motion to expedite the appeal Mary Charlotte Sullivan
1990-09-11 Affidavit, W. Charles Kent, with service Her Majesty the Queen
1990-09-10 Motion to expedite the appeal, (for Oct. 30\90), with service Her Majesty the Queen
1990-09-07 Affidavit, With service Mary Charlotte Sullivan
1990-09-07 Motion for additional time to present oral argument, With service Mary Charlotte Sullivan
1990-07-09 Book of authorities, 10 copies (joint with 21080), with service R.E.A.L. Women of Canada
1990-07-09 Intervener's factum, 21 copies, joint with 21080, with service R.E.A.L. Women of Canada
1990-06-12 Respondent's factum, 20 copies, with service Mary Charlotte Sullivan
1990-05-22 Appeal perfected for hearing, Session beginning on 1990-10-01
1990-05-11 Appellant's factum, 21 copies, with service Her Majesty the Queen
1990-05-11 Certified casebook, With service Her Majesty the Queen
1990-05-11 Case on appeal, 20 copies, with service Her Majesty the Queen
1990-05-08 Order on motion for leave to intervene
1990-05-07 Decision on the motion for leave to intervene, and to file a factum no longer tha 10 pages and to make oral argument no longer than 10 minutes,, LaF
Granted, no order as to costs
1990-05-07 Hearing of motion for leave to intervene, 1990-05-07, and to file a factum no longer tha 10 pages and to make oral argument no longer than 10 minutes,, LaF
1990-05-07 Submission of motion for leave to intervene, 1990-05-07, and to file a factum no longer tha 10 pages and to make oral argument no longer than 10 minutes,, LaF
1990-05-03 Response to the motion for leave to intervene, With service Mary Charlotte Sullivan
1990-05-03 Response to the motion for leave to intervene, With service Her Majesty the Queen
1990-05-03 Affidavit, of Karla K. Gower,, with service R.E.A.L. Women of Canada
1990-05-03 Motion for leave to intervene, With service R.E.A.L. Women of Canada
1990-05-02 Order on motion to dispense with printing, With service
1990-04-23 Decision on motion to dispense with printing, or copying of all evidence in this appeal, Reg
Granted, no order as to costs
1990-04-23 Hearing of motion to dispense with printing, 1990-04-23, or copying of all evidence in this appeal, Reg
1990-04-23 Submission of motion to dispense with printing, 1990-04-23, or copying of all evidence in this appeal, Reg
1990-04-19 Response to motion to dispense with printing Mary Charlotte Sullivan
1990-04-12 Affidavit, or copying of all evidence; E. Robert A. Edwards, with service Her Majesty the Queen
1990-04-12 Motion to dispense with printing, or copying of all evidence, with service Her Majesty the Queen
1990-04-05 Service, of the order of Lamer J. dated 10/01/90 to the appellant
1990-04-05 Service, of the order of Lamer J. dated 10/01/90 to respondent
1990-01-31 Order on motion to extend time to serve and/or file notice of appeal, to Jan/24/90,, with service
1990-01-29 Decision on motion to extend time to serve and/or file notice of appeal, to Jan/24/90,, W
Granted, no order as to costs
1990-01-29 Hearing of motion to extend time to serve and/or file notice of appeal, 1990-01-29, to Jan/24/90,, W
1990-01-29 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1990-01-29, to Jan/24/90,, W
1990-01-26 Order on motion to extend the time to file and/or serve the leave application, With service
1990-01-26 Order granting leave to appeal, With service
1990-01-25 Response to motion to extend time to serve and/or file notice of appeal Mary Charlotte Sullivan
1990-01-25 Affidavit, of William Gordon Burke-Robertson,, with service Her Majesty the Queen
1990-01-25 Motion to extend the time to serve and/or file the notice of appeal, to Jan/24/90,, with service Her Majesty the Queen
1990-01-24 Notice of appeal, With service Her Majesty the Queen
1990-01-10 Order on motion for leave to intervene
1990-01-09 Decision on the motion for leave to intervene, of L.E.A.F. (factum limited to 10 pages and oral argument limited to 10 minutes,, with service, La
Granted, no order as to costs
1990-01-09 Hearing of motion for leave to intervene, 1990-01-09, of L.E.A.F. (factum limited to 10 pages and oral argument limited to 10 minutes,, with service, La
1990-01-09 Submission of motion for leave to intervene, 1990-01-09, of L.E.A.F. (factum limited to 10 pages and oral argument limited to 10 minutes,, with service, La
1990-01-05 Response to the motion for leave to intervene, by the parties,, with service Her Majesty the Queen
1990-01-05 Affidavit, of Christine Jefferson,, with service Women's Legal Education and Action Fund
1990-01-05 Motion for leave to intervene Women's Legal Education and Action Fund
1989-11-02 Correspondence received from, sent to L.E.A.F. from E.J. Bisson Re. suggesting that it would be safer and wiser to ask for leave to intervene on the cross appeal even though they were granted leave to intervene on the main appeal
1989-11-01 Correspondence received from, Re: L.E.A.F. requesting advise on whether or not to ask for leave to intervene in the cross appeal.
1989-10-24 Close file on Leave
1989-10-24 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1989-10-24 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON)
1989-10-19 Judgment of the Court on the application for leave to appeal, CJ So McL, The application for an Order extending the time in which to apply for leave to appeal is granted. The application for leave to appeal is granted.
Granted, no order as to costs
1989-10-19 Hearing of the application for leave to appeal, 1989-10-19, CJ So McL
1989-10-19 All materials on application for leave submitted to the Judges, 1989-10-19, CJ So McL
1989-08-17 Affidavit, With service Her Majesty the Queen
1989-07-04 All materials on application for leave submitted to the Judges, CJ So McL
1989-06-28 Respondent's response on the application for leave to appeal, , 5 copies, with service Mary Charlotte Sullivan
1989-06-09 Service, of D.K. Lovett (on motion book)
1989-05-30 $30.00 filing fee, receipt # 14703 Her Majesty the Queen
1989-05-30 Application for leave to appeal, , 5 copies, Completed on: 1989-05-30 Her Majesty the Queen
1989-05-30 Motion to extend the time to file and or serve the application for leave to appeal, , 5 copies 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
Sullivan, Mary Charlotte Respondent Active
Lemay, Gloria Jean 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

Counsel

Party: Her Majesty the Queen

Counsel
Name
Bob Edwards
Contact information
Attorney General of British Columbia
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Sullivan, Mary Charlotte

Counsel
Name
Thomas R. Berger, Q.C.
Contact information
Berger & Vanderkruyk
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
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: Lemay, Gloria Jean

Counsel
Name
Thomas R. Berger, Q.C.
Contact information
Berger & Vanderkruyk
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
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: Women's Legal Education and Action Fund

Counsel
Name
Lynn A. Smith
Contact information
GEORGE CURTIS BLDG
1822 EAST MALL
VANCOUVER, British Columbia
V6T 1Y1
Telephone: (604) 228-2177
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

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

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

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 9, 1986
County Court of British Columbia

CC851814

Conviction: Criminal negligence causing death to foetus

July 28, 1988
Court of Appeal for British Columbia (Vancouver)

CA007092 and 7093

Appeal against conviction allowed (See file)

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13