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22826

Stephen William Osolin v. Her Majesty the Queen

(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)
1997-09-09 Appeal closed
1994-07-11 Correspondence (sent by the Court) to, sent to Court of Appeal of BC enclosing their records
1994-01-18 Copy of formal judgment on leave being prepared, A.G. of Canada (Ottawa, ON)
1994-01-18 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1994-01-18 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-01-18 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Ass. (Hull, QC)
1994-01-18 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1993-12-16 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Ass. (Hull, QC)
1993-12-16 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-12-16 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and a new trial ordered on the ground that the trial judge erred in failing to allow the cross-examination of the complainant on her medical records, La Forest, L'Heureux-Dubé, Gonthier and McLachlin JJ. dissenting. (for answers to Constitutional Questions, see file)
Allowed, no order as to costs
1993-12-16 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-12-16 Notice of deposit of judgment sent to all parties, Attorney General of Canada (Ottawa, ON)
1993-07-13 General proceeding, transcripts received and distributed to the judges (123 pages)
1993-07-12 Close file on Leave
1993-07-05 Order on motion to extend time, to file his factum to May 18/93
1993-06-17 Hearing of the appeal, 1993-06-17, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-06-17 General proceeding, 10 copies of (EVIDENTIARY FOUNDATION FOR THE DEFENCE OF MISTAKEN BELIEF - GIVEN IN COURT BY THE APPELLANT)
1993-06-15 Decision on motion to extend time, to serve and file their factum to June 10, 1993., Reg
Granted, no order as to costs
1993-06-15 Hearing of motion to extend time, 1993-06-15, to serve and file their factum to June 10, 1993., Reg
1993-06-15 Submission of motion to extend time, 1993-06-15, to serve and file their factum to June 10, 1993., Reg
1993-06-15 Supplemental document, CASE ON APPEAL 24 copies Stephen William Osolin
1993-06-14 Response to motion to extend time, to file the intervener's factum to May 10, 1993 Her Majesty the Queen
1993-06-14 Response to motion to extend time, to file the intervener's factum to June 10, 1993 Stephen William Osolin
1993-06-14 Book of authorities, 10 copies, with service Attorney General for Ontario
1993-06-11 Book of authorities, 10 copies, with service Attorney General of Canada
1993-06-10 Affidavit, to file the intervener's factum to May 10, 1993, with service Attorney General for Ontario
1993-06-10 Motion to extend time, to file the intervener's factum to May 10, 1993, with service Attorney General for Ontario
1993-06-10 Intervener's factum, 24 copies, with service Attorney General for Ontario
1993-06-09 Book of authorities, 10 copies of vol. 1 and 2 Stephen William Osolin
1993-06-03 Trial court record, (faxed copy of indictment only)
1993-06-02 Decision on motion to extend time, to serve and file their factum to May 18, 1993., Reg
Granted, no order as to costs
1993-06-02 Hearing of motion to extend time, 1993-06-02, to serve and file their factum to May 18, 1993., Reg
1993-06-02 Submission of motion to extend time, 1993-06-02, to serve and file their factum to May 18, 1993., Reg
1993-06-02 Decision on motion to extend time, to serve and file their factum to May 26, 1993, Reg
Granted, no order as to costs
1993-06-02 Hearing of motion to extend time, 1993-06-02, to serve and file their factum to May 26, 1993, Reg
1993-06-02 Submission of motion to extend time, 1993-06-02, to serve and file their factum to May 26, 1993, Reg
1993-05-31 Response to motion to extend time, to file the A.G. Canada's factum (1 copy) Her Majesty the Queen
1993-05-31 Notice of withdrawal, 1 copy, with service Attorney General of Manitoba
1993-05-26 Affidavit, to file the intervener's factum to May 26, 1993, with service Attorney General of Canada
1993-05-26 Motion to extend time, to file the intervener's factum to May 26, 1993, with service Attorney General of Canada
1993-05-26 Intervener's factum, 24 copies, with service Attorney General of Canada
1993-05-21 Affidavit, to file the intervener factum to May 18, 1993 (of Sylvie Roussel), with service Attorney General of Quebec
1993-05-21 Motion to extend time, to file the intervener factum to May 18, 1993, with service Attorney General of Quebec
1993-05-18 Intervener's factum, 24 copies (extension of time requested), with service Attorney General of Quebec
1993-05-06 Hearing of motion to extend time, 1993-04-01, CJ
1993-05-06 Decision on the motion for leave to intervene, under rule 18 of the SCC. (see file for reasons), So
Dismissed, no order as to costs
1993-05-06 Hearing of motion for leave to intervene, 1993-05-06, under rule 18 of the SCC. (see file for reasons), So
1993-05-06 Submission of motion for leave to intervene, 1993-05-06, under rule 18 of the SCC. (see file for reasons), So
1993-05-05 Response to the motion for leave to intervene, by the A.G. Ontario Her Majesty the Queen
1993-05-03 Appeal court record, (accordeon)
1993-04-30 Affidavit, Janet Gallin, with service Attorney General for Ontario
1993-04-30 Motion for leave to intervene, With service Attorney General for Ontario
1993-04-30 Affidavit, to apply for leave to intervene under rule 18; Janet Gallin, with service Attorney General for Ontario
1993-04-30 Motion to extend time, to apply for leave to intervene under Rule 18, with service Attorney General for Ontario
1993-04-28 Respondent's factum, 24 copies, with service Her Majesty the Queen
1993-04-23 Appeal hearing scheduled, 1993-06-17
Decision reserved
1993-04-08 Notice of hearing, With service Stephen William Osolin
1993-04-01 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service
1993-04-01 Order on motion to extend time, to serve and file the appellant's factum to March 2, 1993., with service
1993-04-01 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on the condition that the appeal be prosecuted during the April 1993 session., CJ
Granted, no order as to costs
1993-04-01 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-04-01, on the condition that the appeal be prosecuted during the April 1993 session., CJ
1993-04-01 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1993-04-01, on the condition that the appeal be prosecuted during the April 1993 session., CJ
1993-04-01 Decision on motion to extend time, to serve and file the appellant's factum to March 2, 1993 nunc pro tunc, CJ
Granted, no order as to costs
1993-04-01 Hearing of motion to extend time, 1993-04-01, to serve and file the appellant's factum to March 2, 1993 nunc pro tunc, CJ
1993-04-01 Submission of motion to extend time, 1993-04-01, to serve and file the appellant's factum to March 2, 1993 nunc pro tunc, CJ
1993-03-31 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1993-03-31 Response to motion to extend time, to serve and file the appellant's factum to March 2/93 Her Majesty the Queen
1993-03-30 Affidavit, Paul R. Bennett, with service Stephen William Osolin
1993-03-30 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service Stephen William Osolin
1993-03-30 Affidavit, to serve and file the factum to March 2/93; Paul R. Bennett, with service Stephen William Osolin
1993-03-30 Motion to extend time, to serve and file the factum to March 2/93, with service Stephen William Osolin
1993-03-22 Correspondence (sent by the Court) to, sent to McAlpine & Horod (Vancouver, BC) re: required to appear before the Court on April 6, 1993, 10:00 a.m. to show cause
1993-03-02 Appellant's factum, 24 copies, with service Stephen William Osolin
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1992-12-17 Certified casebook, 1 copy of vols. 1 to 5, with service Stephen William Osolin
1992-12-15 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1992-12-15 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1992-12-15 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1992-12-09 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1992-12-04 Correspondence (sent by the Court) to, from the Northwest Territories Justice; re: does not intend to participate in this matter
1992-11-30 Case on appeal, 23 copies of vol. 1 to 5 (extension of time requested) Stephen William Osolin
1992-11-20 Notice of constitutional question(s), With service Stephen William Osolin
1992-11-17 Order on motion to state a constitutional question
1992-11-12 Response to the motion to state a constitutional question, (by fax) from Gowling Stephen William Osolin
1992-11-12 Decision on the motion to state a constitutional question, For constitutional questions see file or Reg's red book #9 @p.40. Interventions are to be filed by the Attorneys' General on or before Dec/18/1992., CJ
Granted, no order as to costs
1992-11-12 Hearing of the motion to state a constitutional question, 1992-11-12, For constitutional questions see file or Reg's red book #9 @p.40. Interventions are to be filed by the Attorneys' General on or before Dec/18/1992., CJ
1992-11-12 Submission of motion to state a constitutional question, 1992-11-12, For constitutional questions see file or Reg's red book #9 @p.40. Interventions are to be filed by the Attorneys' General on or before Dec/18/1992., CJ
1992-11-12 Response to the motion to state a constitutional question, (letterform) Her Majesty the Queen
1992-11-06 Correspondence (sent by the Court) to, from Scott & Aylen; re: agree to the restating of the constitutional questions
1992-11-05 Response to the motion to state a constitutional question, With service Her Majesty the Queen
1992-11-03 Correspondence (sent by the Court) to, from Burke-Robertson; re: takes no position for an order stating constitutional questions
1992-10-29 Affidavit, of Paul R. Bennett in support of the motion to state constitutional questions, with service Stephen William Osolin
1992-10-29 Motion to state a constitutional question, REVISED, with service Stephen William Osolin
1992-08-12 Correspondence (sent by the Court) to, from W.G. Burke-Robertson; re: withdraws the consent on the constitutional questions
1992-07-30 Motion to state a constitutional question, With service Stephen William Osolin
1992-06-26 Notice of appeal, With service Stephen William Osolin
1992-06-11 Order granting leave to appeal, With service
1992-06-04 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-06-04 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON)
1992-06-04 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1992-06-04 Hearing of the application for leave to appeal, 1992-06-04, CJ McL Ia
1992-06-04 All materials on application for leave submitted to the Judges, 1992-06-04, CJ McL Ia
1992-04-22 Service, copy of applicant's reply
1992-04-22 General proceeding, to note copy of Applicant's memo of argument in reply distributed to Justices Lamer, McLachlin and Iacobucci
1992-04-21 Applicant's reply to respondent's argument, 4 copies Stephen William Osolin
1992-04-14 General proceeding, to note Respondent's response which was submitted on March 23, 1992 distributed to the Justices. (Reg. extended time to file response on April 3)
1992-04-13 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1992-04-03 Decision on motion to extend time, to serve and file the respondent's memorandum of argument to Apr/13/1992, Reg
Granted, no order as to costs
1992-04-03 Hearing of motion to extend time, 1992-04-03, to serve and file the respondent's memorandum of argument to Apr/13/1992, Reg
1992-04-03 Submission of motion to extend time, 1992-04-03, to serve and file the respondent's memorandum of argument to Apr/13/1992, Reg
1992-04-01 Affidavit, to serve & file Respondent's response to April 13, 1992, with service Her Majesty the Queen
1992-04-01 Motion to extend time, to serve & file response to April 13, 1992, with service Her Majesty the Queen
1992-03-23 All materials on application for leave submitted to the Judges, CJ McL I
1992-03-05 Service, of leave application and authorities
1992-02-24 $30.00 filing fee, #25030 Stephen William Osolin
1992-02-21 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa,ON) acknowledging receipt of leave application. Regret to advise that material does not comply with Court's requirements as filing fee and service missing. Application for leave will not be referred until mate
1992-02-19 Book of authorities, 5 copies each, volume 1 & 2 Stephen William Osolin
1992-02-19 Application for leave to appeal, (as service & filing fee missing) 5 copies, Incomplete Stephen William Osolin
1992-01-29 Notice of application for leave to appeal Stephen William Osolin

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
Osolin, Stephen William Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Osolin, Stephen William

Counsel
Name
John D. McAlpine, Q.C.
Contact information
McAlpine & Associates
4851 Belmont Avenue
Vancouver, British Columbia
V6T 1A8
Telephone: (604) 685-2730
FAX: (604) 685-2736
Email: jdm@johnmcalpinelaw.com
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: Her Majesty the Queen

Counsel
Name
Elizabeth A. Bennett, Q.C.
Contact information
Attorney General of British Columbia
602 - 865 Hornby St
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
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 Quebec

Counsel
Name
Jacques Gauvin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
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

Party: Attorney General for Ontario

Counsel
Name
Susan Chapman
Contact information
Attorney General for Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4509
FAX: (416) 326-4656
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

Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@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

March 17, 1989
County Court of British Columbia

not available

Con: Charge of sexual assault and unlawful confinement

December 27, 1991
Court of Appeal for British Columbia (Victoria)

CA010595

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