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22596

Her Majesty the Queen v. Orval Stuart Finlay

(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)
1997-09-09 Appeal closed
1994-07-22 Correspondence (sent by the Court) to, sent to CA for SK (Regina, SK) enclosing their record
1994-03-30 Correspondence (sent by the Court) to, sent to Saskatchewan Court House (Saskatoon, SK) enclosing their record
1993-09-21 Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON)
1993-09-21 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-21 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-09-21 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-09-21 Copy of formal judgment on leave being prepared, McCarthy, Tétrault (Ottawa, ON)
1993-09-21 Formal judgment sent to the registrar of the court of appeal and all parties, Saskatchewan (Regina)
1993-09-13 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-09-13 Notice of deposit of judgment sent to all parties, McCarthy, Tétrault (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-13 Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa, ON)
1993-09-09 Judgment on the appeal rendered, CJ L'HD So Co McL, The appeal is allowed, the stay is lifted, and the matter should proceed to trial. For answers to constitutional questions please see file.
Allowed, no order as to costs
1992-10-27 General proceeding, (transcripts received and distributed to the judges - 122 pages)
1992-10-16 Order on motion to extend time, to serve and file the intervener's factum, with service
1992-10-15 Hearing of the appeal, 1992-10-15, CJ L'HD So Co McL
Decision reserved
1992-10-14 Book of authorities, 10 copies Attorney General of Canada
1992-10-13 Correspondence received from, (by fax) from Ian R. Smith; re: will be appearing at the hearing Attorney General for Ontario
1992-10-09 Book of authorities, 10 copies Attorney General of Manitoba
1992-10-09 Intervener's factum, 24 copies (see motion of 1992/10/08), with service Attorney General of Manitoba
1992-10-09 Correspondence (sent by the Court) to, from Burke-Robertson; re: Mr. George Copley will be 15 minutes in argument
1992-10-09 Decision on motion to extend time, to serve and file the intervenor's factum to Oct\13\1992, Ia
Granted, no order as to costs
1992-10-09 Hearing of motion to extend time, 1992-10-09, to serve and file the intervenor's factum to Oct\13\1992, Ia
1992-10-09 Submission of motion to extend time, 1992-10-09, to serve and file the intervenor's factum to Oct\13\1992, Ia
1992-10-09 Correspondence (sent by the Court) to, (by fax) from Brian Wilson; re: he will be 15 minutes for the oral submission
1992-10-08 Response to motion to extend time, to serve and file the A.G. Man. factum to Oct. 13/92 Orval Stuart Finlay
1992-10-08 Response to motion to extend time, to serve and file the A.G. Man. factum to Oct. 13/92 Her Majesty the Queen
1992-10-08 Affidavit, to serve and file the factum to Oct. 13/92; Lise Cardinal Attorney General of Manitoba
1992-10-08 Motion to extend time, to serve and file the factum to Oct. 13/92 Attorney General of Manitoba
1992-10-06 Correspondence (sent by the Court) to, from Peter Lamont; re: He and Mr. William H. Corbett, Q.C. will appear on the appeal
1992-10-06 Proof of service, 1 copy of authorities, with service
1992-10-05 Intervener's factum, 23 copies, with service Attorney General for Ontario
1992-10-05 Correspondence (sent by the Court) to, from Gowling, Strathy: Mr. Mark Brayford, counsel for the respondent will require 1 hour for the oral argument
1992-10-05 Correspondence (sent by the Court) to, from Gowling, Strathy: Mr. Graeme G. Mitchell and Mr. John T. Irvine, counsel for the appellant will require 1 hour for the oral argument
1992-10-05 Book of authorities, 10 copies Her Majesty the Queen
1992-09-30 Appeal hearing scheduled, 1992-10-15
Decision reserved
1992-09-23 Order on motion to extend time, to serve and file the intervenor's factum., with service
1992-09-22 Decision on motion to extend time, to serve and file the factum to Sept/11/1992, McL
Granted, no order as to costs
1992-09-22 Hearing of motion to extend time, 1992-09-22, to serve and file the factum to Sept/11/1992, McL
1992-09-22 Submission of motion to extend time, 1992-09-22, to serve and file the factum to Sept/11/1992, McL
1992-09-22 Notice of hearing, With service Her Majesty the Queen
1992-09-18 Affidavit, to file the factum to Sept. 11/92; Eduard J. Van Bemmel Attorney General of Alberta
1992-09-18 Motion to extend time, to file the factum to Sept. 11/92 Attorney General of Alberta
1992-09-11 Intervener's factum, 24 copies (extension of time requested), with service Attorney General of Alberta
1992-09-01 Service, of intervener's factum (admitted on 1992/08/28)
1992-08-28 Intervener's factum, 24 copies (see order of 1992/08/10) Attorney General of Quebec
1992-08-21 Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson advising that their argument is expected to last 15 minutes
1992-08-10 Order on motion to extend time, to serve and file the intervenor's factum., with service
1992-08-10 Order on motion to extend time, to file the intervenor's factum july\31\1992, with service
1992-08-07 Intervener's factum, 24 copies, with service Attorney General of British Columbia
1992-08-04 Decision on motion to extend time, to serve and file the Attorney General of Canada's factum to July\31\1992., So
Granted, no order as to costs
1992-08-04 Hearing of motion to extend time, 1992-08-04, to serve and file the Attorney General of Canada's factum to July\31\1992., So
1992-08-04 Submission of motion to extend time, 1992-08-04, to serve and file the Attorney General of Canada's factum to July\31\1992., So
1992-08-04 Decision on motion to extend time, to serve and file the Attorney General of BC's factum to Aug\12\1992., So
Granted, no order as to costs
1992-08-04 Hearing of motion to extend time, 1992-08-04, to serve and file the Attorney General of BC's factum to Aug\12\1992., So
1992-08-04 Submission of motion to extend time, 1992-08-04, to serve and file the Attorney General of BC's factum to Aug\12\1992., So
1992-07-31 Response to motion to extend time, to file the A.G. of Canada factum to July 31, 1992 Orval Stuart Finlay
1992-07-31 Response to motion to extend time, to file the A.G. Canada factum to July 31, 1992 Her Majesty the Queen
1992-07-31 Affidavit, to file the intervener factum (of Peter lamont) Attorney General of Canada
1992-07-31 Motion to extend time, to file the intervener factum to July 31, 1992 Attorney General of Canada
1992-07-31 Intervener's factum, 24 copies, with service Attorney General of Canada
1992-07-31 Response to motion to extend time, to file the A.G. of British Columbia factum Orval Stuart Finlay
1992-07-31 Response to motion to extend time, to file the A.G. of British Columbia factum Her Majesty the Queen
1992-07-27 Decision on motion to extend time, to serve and file the intervener's factum to Aug\31\1992, Ia
Granted, no order as to costs
1992-07-27 Hearing of motion to extend time, 1992-07-27, to serve and file the intervener's factum to Aug\31\1992, Ia
1992-07-27 Submission of motion to extend time, 1992-07-27, to serve and file the intervener's factum to Aug\31\1992, Ia
1992-07-27 Affidavit, to serve and file the factum to Aug. 12/92; George H. Copley, with service Attorney General of British Columbia
1992-07-27 Motion to extend time, to serve and file the factum to Aug. 12/92, with service Attorney General of British Columbia
1992-07-24 Response to motion to extend time, for A.G. Québec to file his factum to August 31, 1992 (letter form by fax) Orval Stuart Finlay
1992-07-24 Response to motion to extend time, for A.G. Québec to file his factum to August 31, 1992 (letter form)m by fax) Her Majesty the Queen
1992-07-21 Affidavit, to file the intervener's factum to August 31, 1992 (of François Huot), with service Attorney General of Quebec
1992-07-21 Motion to extend time, to file the intervener's factum to August 31, 1992, with service Attorney General of Quebec
1992-07-13 Correspondence (sent by the Court) to, sent to Court of Appeal of Saskatchewan (Regina, SK) from Mr. Claude Alain (Legal Affairs) re: acknowledge receipt of letter dated July 3, 1992 and the enclosed material.
1992-07-10 Appeal court record, (accordeon)
1992-07-09 Trial court record, 1 accordion file (to send back to Court of Queen's Bench in Saskatoon)
1992-07-09 Correspondence (sent by the Court) to, sent to Mr. Dennis Berezowsky (Saskatoon,SK) from Claude. E. Alain re: acknowledge receipt of letter dated July 3, 1992 and enclosed material.
1992-07-06 General proceeding, Endorsement from inf. #3031772 (pre-trial motion no transcript or exhibits) Her Majesty the Queen
1992-07-06 Appeal perfected for hearing, Session beginning on 1992-10-05
1992-07-06 Respondent's factum, 24 copies, with service Orval Stuart Finlay
1992-05-13 Service, copy of appellant's factum
1992-05-11 Appellant's factum, 23 copies Her Majesty the Queen
1992-03-24 Order on miscellaneous motion, that the case on appeal be accepted ni its present form.
1992-03-24 Decision on miscellaneous motion, for an order accepting the filing of the case on appeal in its presenr form notwithstanding the marginal line numbering was omitted., Reg
Granted, no order as to costs
1992-03-24 Hearing of miscellaneous motion, 1992-03-24, for an order accepting the filing of the case on appeal in its presenr form notwithstanding the marginal line numbering was omitted., Reg
1992-03-24 Submission of miscellaneous motion, 1992-03-24, for an order accepting the filing of the case on appeal in its presenr form notwithstanding the marginal line numbering was omitted., Reg
1992-03-23 Response to miscellaneous motion, to have the Case on appeal accepted as printed Orval Stuart Finlay
1992-03-23 Affidavit, to have the Case on appeal accepted as printed Her Majesty the Queen
1992-03-23 Notice of miscellaneous motion, to have the Case on appeal accepted as printed Her Majesty the Queen
1992-03-18 Proof of service, 1 copy of Case on Appeal, with service
1992-03-12 Proof of service, of Notice of intervention
1992-03-06 Service, copy of the CASE on appeal (proof of service now stapled to the certified copy)
1992-03-05 Case on appeal, 23 copies (motion to accept in its present form namely lines not numbered, requested) Her Majesty the Queen
1992-03-05 Certified casebook Her Majesty the Queen
1992-02-24 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1992-02-24 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1992-02-24 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1992-02-21 Notice of intervention respecting a constitutional question, (intention to) & to file a factum and participate in oral argument, with service Attorney General of Alberta
1992-02-21 Notice of intervention respecting a constitutional question, (intention to) and to file a factum & participate in oral argument, with service Attorney General of British Columbia
1992-01-29 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1992-01-23 Order on motion to state a constitutional question, With service
1992-01-23 Notice of constitutional question(s), With service Her Majesty the Queen
1992-01-16 Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p.253. Notice of intention to be filed in form "C" no later than Feb\24\1992.", CJ
Granted, no order as to costs
1992-01-16 Hearing of the motion to state a constitutional question, 1992-01-16, " For Constitutional Questions see file or Reg's red book #8 @ p.253. Notice of intention to be filed in form "C" no later than Feb\24\1992.", CJ
1992-01-16 Submission of motion to state a constitutional question, 1992-01-16, " For Constitutional Questions see file or Reg's red book #8 @ p.253. Notice of intention to be filed in form "C" no later than Feb\24\1992.", CJ
1992-01-08 Response to the motion to state a constitutional question, (hand written on page two) Orval Stuart Finlay
1992-01-08 Motion to state a constitutional question Her Majesty the Queen
1991-12-19 Close file on Leave
1991-12-10 Order granting leave to appeal, With service
1991-12-10 Notice of appeal, With service Her Majesty the Queen
1991-11-14 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-11-14 Judgment of the Court on the application for leave to appeal, L'HD G Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1991-11-14 Hearing of the application for leave to appeal, 1991-11-14, L'HD G Ia
1991-11-14 All materials on application for leave submitted to the Judges, 1991-11-14, L'HD G Ia
1991-10-25 Order on motion to extend time
1991-10-23 Decision on motion to extend time, to serve and file the respondent's argument to Oct\16\1991, St
Granted, no order as to costs
1991-10-23 Hearing of motion to extend time, 1991-10-23, to serve and file the respondent's argument to Oct\16\1991, St
1991-10-23 Submission of motion to extend time, 1991-10-23, to serve and file the respondent's argument to Oct\16\1991, St
1991-10-18 Response to motion to extend time, to serve the respondent's response by Oct. 11\91 and file the response by Oct. 16\91 Her Majesty the Queen
1991-10-18 Affidavit, to serve the response by Oct. 11\91 and file the response by Oct. 16\91; Eduard J. Van Bemmel Orval Stuart Finlay
1991-10-18 Motion to extend time, to serve the response by Oct. 11\91 and file the response by Oct. 16\91 Orval Stuart Finlay
1991-10-15 All materials on application for leave submitted to the Judges, L'HD G I
1991-10-11 Respondent's response on the application for leave to appeal, 6 copies Orval Stuart Finlay
1991-09-18 $30.00 filing fee, receipt #23221 Her Majesty the Queen
1991-09-18 Application for leave to appeal, 5 copies, with service, Completed on: 1991-09-18 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
Finlay, Orval Stuart Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Alberta Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Quebec Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
Graeme G. Mitchell
Thomson Irvine
Contact information
Attorney General for Saskatchewan
1874 Scarth St., 10th Floor
P.O. Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
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: Finlay, Orval Stuart

Counsel
Name
Mark Brayford, Q.C.
Contact information
Brayford-Shapiro
311 - 21st Street East
Saskatoon, Saskatchewan
S7K 0C1
Telephone: (306) 244-5656
FAX: (306) 244-5644
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

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 British Columbia

Counsel
Name
George H. Copley, Q.C.
Contact information
Attorney General of British Columbia
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8400
FAX: (250) 356-9154
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: Attorney General of Alberta

Counsel
Names
Aaron L. Berg
Ken Tjosvold
Contact information
Attorney General of Manitoba
730 - 405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2851
FAX: (204) 948-2826
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 Canada

Counsel
Names
William H. Corbett, Q.C.
Peter Lamont
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4765
FAX: (613) 941-7865

Party: Attorney General of Manitoba

Counsel
Names
Brian G. Wilford
Brian G. Wilford
Contact information
Attorney General of Manitoba
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Agent
Name
Madeleine Renaud
Contact information
McCarthy, Tétrault
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813

Party: Attorney General of Quebec

Counsel
Names
Francis Huot
M. Tremblay
G. Laporte
Contact information
Me Rene de la Sablonniere
2.55 - 300 BOUL JEAN-LESAGE
MONTRÉAL, Quebec
G1K 8K6
Telephone: (418) 649-3500
FAX: (418) 646-4919
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

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

December 12, 1989
Provincial Court of Saskatchewan

Not available

Application allowed - Stay of proceedings ordered

April 18, 1990
Court of Queen’s Bench of Saskatchewan

Not available

Appeal allowed - Judgment set aside and order to proceed to trial

May 22, 1991
Court of Appeal for Saskatchewan

4951

Appeal allowed; Stay of proceedings restored

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