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.
23581
Robert James S. 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) |
|---|---|---|
| 1995-02-22 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1995-02-22 | Copy of formal judgment being prepared, Noël, Berthiaume | |
| 1995-02-22 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1995-02-22 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1995-02-22 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1995-02-22 | Copy of formal judgment being prepared, Lang, Michener, (Ottawa, ON) | |
| 1995-02-03 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume | |
| 1995-02-03 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-02-03 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1995-02-03 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1995-02-03 | Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON) | |
| 1995-02-02 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed. (for answers to Constitutional Questions, see file) Dismissed, no order as to costs |
|
| 1994-03-11 | General proceeding, transcript received and distributed to the justices (403 pages)(joint with 23190-23613-22978 | |
| 1994-02-28 |
Hearing of the appeal, 1994-02-28, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1994-02-26 | Book of authorities, 10 copies of vol. 1 to 5 (JOINT) | Her Majesty the Queen |
| 1994-02-25 | Proof of service, of the JOINT Book of Authorities vol. I to V | |
| 1994-02-23 | Book of authorities, 10 copies (joint with 23190,22978) (joint authorities with A. G. Manitoba) | Attorney General of Canada |
| 1994-02-21 | Intervener's factum, 24 copies, with service | Attorney General of British Columbia |
| 1994-02-18 | Correspondence (sent by the Court) to, from G. Mitichell re: duration of argument | |
| 1994-02-17 | Intervener's factum, 24 copies, with service | Attorney General of Manitoba |
| 1994-02-16 | Intervener's factum, 24 copies, with service | Attorney General of Alberta |
| 1994-02-11 | Order on motion to extend time, to file its factum to Feb 3/94 | |
| 1994-02-08 |
Decision on motion to extend time, to serve and file the respondent's factum to Feb 3/94, Reg Granted, no order as to costs |
|
| 1994-02-08 | Hearing of motion to extend time, 1994-02-08, to serve and file the respondent's factum to Feb 3/94, Reg | |
| 1994-02-08 | Submission of motion to extend time, 1994-02-08, to serve and file the respondent's factum to Feb 3/94, Reg | |
| 1994-02-07 | Response to motion to extend time, to file the Respondent's factum to Feb. 3/94 | Robert James S. |
| 1994-02-07 | Affidavit, to file the factum to Feb. 3/94; Michal Fairburn, with service | Her Majesty the Queen |
| 1994-02-07 | Motion to extend time, to file the factum to Feb. 3/94, with service | Her Majesty the Queen |
| 1994-02-03 | Respondent's factum, 24 copies (extension of time requested), with service | Her Majesty the Queen |
| 1994-02-02 | Response to motion to extend time, to serve and file the A.G. Canda's factum to Jan. 31/94 | Her Majesty the Queen |
| 1994-01-31 | Affidavit, to serve and file the factum; Robert J. Frater, with service | Attorney General of Canada |
| 1994-01-31 | Motion to extend time, to serve and file the factum, with service | Attorney General of Canada |
| 1994-01-31 | Intervener's factum, 24 copies (joint with 23190), with service | Attorney General of Canada |
| 1994-01-24 | Proof of service, of factum | |
| 1994-01-18 | Intervener's factum, 24 copies | Attorney General of Quebec |
| 1994-01-07 |
Appeal hearing scheduled, 1994-02-28 Decision reserved |
|
| 1993-09-23 | Appeal perfected for hearing, Session beginning on 1994-01-24 | |
| 1993-09-13 |
Decision on motion to extend time, to serve and file a notice of intention to intervene to Aug. 30/93 nunc pro tunc, Ia Granted, no order as to costs |
|
| 1993-09-13 | Hearing of motion to extend time, 1993-09-13, to serve and file a notice of intention to intervene to Aug. 30/93 nunc pro tunc, Ia | |
| 1993-09-13 | Submission of motion to extend time, 1993-09-13, to serve and file a notice of intention to intervene to Aug. 30/93 nunc pro tunc, Ia | |
| 1993-09-07 | Response to motion to extend time, (1 copy) | Her Majesty the Queen |
| 1993-09-07 | Response to motion to extend time, (1 copy) | Robert James S. |
| 1993-09-07 | Affidavit, from E.V.Bemmel (1 copy) | Robert James S. |
| 1993-09-07 | Motion to extend time, to file and serve a notice of intervention (1 copy) | Attorney General of Alberta |
| 1993-08-30 | Notice of intervention respecting a constitutional question, (extension of time requested), with service | Attorney General of Alberta |
| 1993-08-24 | Proof of service, of the notice of intervention on Constitutional Question | |
| 1993-08-23 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1993-08-23 | Notice of intervention respecting a constitutional question, With service | Attorney General of Saskatchewan |
| 1993-08-20 | Proof of service, of Notice of Intention to Intervene, with service | |
| 1993-08-19 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1993-08-19 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1993-08-19 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1993-08-10 | Correspondence (sent by the Court) to, from Debbie Konikoff: replacing and recycling the first set of factum | |
| 1993-08-10 | Notice of constitutional question(s), With service | Robert James S. |
| 1993-08-06 | Order on motion to state a constitutional question | |
| 1993-07-29 | Appellant's factum, 24 copies (motion requested to accept as is) (24 NEW SETS OF FACTUM with line numbers received on August 10, 1993 instead of a motion - TO BE REPLACED - RECYCLE THE FACTUM RECEIVED ON JULY 27, 1993 - SEE LETTER DATED AUG. 10, 1993) (service admitted on A | Robert James S. |
| 1993-07-19 |
Decision on the motion to state a constitutional question, So, (It is ordered that the Questions in both languages together with this order and the judgment of the Court of Appeal for Ontario be served on the Attorneys General of the province and the Attorney General of Canada. The Questions are as follows: 1. Whether section 5 of the Canada Evidence Act, R.S.C. 1985, c. C-5 infringes section 7 of the Charter? 2. If the answer to question 1 is affirmative, is the limitation one which is reasonable, prescribed by law, and demonstrably justified pursuant to section 1 of the Charter? Notices of intervention by Aug. 23, 1993 Granted, no order as to costs |
|
| 1993-07-19 | Hearing of the motion to state a constitutional question, 1993-07-19, So | |
| 1993-07-19 | Submission of motion to state a constitutional question, 1993-07-19, So | |
| 1993-07-13 | Response to the motion to state a constitutional question | Her Majesty the Queen |
| 1993-07-13 | Motion to state a constitutional question | Robert James S. |
| 1993-07-07 | Correspondence (sent by the Court) to, from Robert Frater; re: does not believe that the S.C.C. Rules give us standing to appear on the motion to state constitutional questions | |
| 1993-06-22 | Certified casebook, 1 copy, with service | Robert James S. |
| 1993-06-09 | Case on appeal, 23 copies | Robert James S. |
| 1993-05-19 | Correspondence (sent by the Court) to, from R. Houston indicating that case No. 23190 (R. Jobin)is identical and could be heard together | |
| 1993-05-18 | Correspondence (sent by the Court) to, sent to Gold & Fuerst (Toronto, ON) enclosing receipt for $30.00 filing fee. | |
| 1993-05-07 | $30.00 filing fee, receipt #27040 | Robert James S. |
| 1993-05-07 | Notice of appeal, With service | Robert James S. |
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 |
|---|---|---|
| S., Robert James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: S., Robert James
Counsel
210 - 20 Adelaide St Est
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of British Columbia
Counsel
George H. Copley
310 - 900 HOWE ST
VANCOUVER, British Columbia
V6Z 2M4
Telephone: (250) 689-4438
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Agent
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
Party: Attorney General of Quebec
Counsel
Jacques Gauvin
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Manitoba
Counsel
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Saskatchewan
This party is not represented by counsel.
Party: Attorney General of Alberta
Counsel
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 427-5032
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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
Court of Appeal for Ontario
C7016
appeal is allowed
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