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.
24071
Joseph Burke v. Her Majesty the Queen
(Newfoundland & Labrador) (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) |
|---|---|---|
| 1997-07-23 | Appeal closed | |
| 1996-09-24 | Close file on Leave | |
| 1996-07-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Newfoundland (St-John) | |
| 1996-07-16 | Copy of formal judgment on leave being prepared, Burke-Robertson | |
| 1996-07-16 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson | |
| 1996-05-24 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1996-05-24 | Notice of deposit of judgment issued to all parties, Gowling | |
| 1996-05-23 |
Decision on the motion for reconsideration of the application for leave to appeal, LaF L'HD So G Co Ia Ma, The application for reconsideration is dismissed. Dismissed, no order as to costs |
|
| 1996-05-23 | Hearing of motion for reconsideration of the application for leave to appeal, 1996-05-23, LaF L'HD So G Co Ia Ma | |
| 1996-05-23 | Submission of motion for reconsideration of the application for leave to appeal to panel, 1996-05-23, LaF L'HD So G Co Ia Ma | |
| 1996-05-03 | Reply to the response to the motion for a re-hearing of the appeal, 10 copies sent to LaF L'HD So G Co I Ma, May 8/96, with service, Completed on: 1996-05-03 | Joseph Burke |
| 1996-04-23 | Response to the motion for a re-hearing of the appeal, 10 copies sent to LaF L'HD So G Co I Ma, May 8, 1996, with service, Completed on: 1996-04-23 | Joseph Burke |
| 1996-04-18 | Formal judgment sent to the registrar of the court of appeal and all parties, Newfoundland (St-John) | |
| 1996-04-18 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-04-18 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-04-11 | Motion for a re-hearing of the appeal, 10 copies sent to LaF L'HD So G Co I Ma, May 8, 1996, with service, Completed on: 1996-04-11 | Her Majesty the Queen |
| 1996-03-29 | Correspondence (sent by the Court) to, (their record) sent to C/A (St. John's, NF) - 3 folders | |
| 1996-03-27 | Correspondence (sent by the Court) to, (by fax) from Mr. Storrow; re: error in the C.A. judgment | |
| 1996-03-22 | Correspondence (sent by the Court) to, (by fax) dated March 22/96 from Marvin R.V. Storrow re: Nfld Court of Appeal judgment pages 10 and 29 | |
| 1996-03-22 | Correspondence (sent by the Court) to, dated March 22/96 from Mr. Wayne Gorman with corrected p. 10 and p. 29 of the Court of Appeal judgments (original received on April 1/96) | |
| 1996-03-22 | Correspondence (sent by the Court) to, to Burke-Robertson enclosing copy of Notice of Deposit of Judgment and formal pronouncement | |
| 1996-03-22 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-03-21 |
Judgment on the appeal rendered, LaF L'HD So G Co Ia Ma, The appeal is allowed, the judgment of the Court of Appeal is set aside and the convictions for indecent assault upon the complainants Earle, Connors and Little are quashed. The appeal of the conviction for assault causing bodily harm is dismissed. Allowed, no order as to costs |
|
| 1996-03-05 | Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated March 5/96 sent to application | |
| 1995-06-08 | General proceeding, transcripts received and distributed to the judges (78 pages) | |
| 1995-05-26 | General proceeding, 8 copies of pages 230 and 269 to be inserted in the Supplementary case on appeal (GIVEN IN COURT) (FAX COPY) | Joseph Burke |
| 1995-05-26 |
Hearing of the appeal, 1995-05-26, LaF L'HD So G Co Ia Ma Decision reserved |
|
| 1995-05-25 | Book of authorities, 10 copies of vol. 1 to 4 (APPELLANT'S CONDENSED BOOK OF EVIDENCE) | Joseph Burke |
| 1995-05-24 | Reply factum on appeal, 26 copies, with service | Joseph Burke |
| 1995-05-24 | Order on motion to file a reply factum on appeal | |
| 1995-05-23 | Correspondence (sent by the Court) to, from Burke-Robertson re: respondent does not oppose to the motion by the appellant to file a reply factum (letter form) | |
| 1995-05-23 |
Decision on the motion to file a reply factum on appeal, G Granted, no order as to costs |
|
| 1995-05-23 | Hearing of motion to file a reply factum on appeal, 1995-05-23, G | |
| 1995-05-23 | Submission of motion to file a reply factum on appeal, 1995-05-23, G | |
| 1995-05-19 | $50.00 filing fee for notice of motion, to file a reply factum (receipt #30071) | Joseph Burke |
| 1995-05-19 | Affidavit, of 10 pages (2 copies) Joanne R. Lysyk, with service | Joseph Burke |
| 1995-05-19 | Motion to file a reply factum on appeal, of 10 pages (2 copies), with service | Joseph Burke |
| 1995-05-17 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1995-05-12 | General proceeding, page 14 to be inserted in the respondent's factum (sent to LaF LHD So G C I M on May 16/95) | Her Majesty the Queen |
| 1995-05-09 | General proceeding, pages 17 and 18 to be inserted in the factum sent to LaF L'HD So G Co I Ma, May 9/95 | Her Majesty the Queen |
| 1995-04-25 | Book of authorities, 10 copies, with service | Her Majesty the Queen |
| 1995-04-25 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1995-04-12 |
Appeal hearing scheduled, 1995-05-26 Decision reserved |
|
| 1995-04-05 | Appeal court record, (joint with Trial Court Records - 1 folder) | |
| 1995-04-05 | Trial court record, (joint with Appeal Records - 1 folder) | |
| 1995-04-05 | Notice of hearing, (1 copy), with service | Joseph Burke |
| 1995-03-31 | Book of authorities, 10 copies, with service | Joseph Burke |
| 1995-03-29 | Certified casebook, OF THE SUPPLEMENTARY CASE ON APPEAL | Joseph Burke |
| 1995-03-15 | Appellant's factum, 24 copies, with service | Joseph Burke |
| 1995-03-08 | Case on appeal, SUPPLEMENTARY 24 copies (see order of Feb. 10/95) | Joseph Burke |
| 1995-03-01 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1995-02-27 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appellant's factum be filed no later than Mar. 15/95, CJ Granted, no order as to costs |
|
| 1995-02-27 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-02-27, on condition that the appellant's factum be filed no later than Mar. 15/95, CJ | |
| 1995-02-27 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-02-27, on condition that the appellant's factum be filed no later than Mar. 15/95, CJ | |
| 1995-02-27 | Appeal perfected for hearing, Session beginning on 1995-04-24 | |
| 1995-02-24 | General proceeding, 1 COPY OF VOL.1 TO 8 0F AFFIDAVIT OF ROSEMARY DAWSON SWORN MAY 22, 1991 (see order of Feb. 10, 1995) | Joseph Burke |
| 1995-02-23 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Wayne Gorman (fax copy) | Her Majesty the Queen |
| 1995-02-23 | Affidavit, of Joanne R. Lysyk (1 copy) | Joseph Burke |
| 1995-02-23 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy) | Joseph Burke |
| 1995-02-17 | Trial court record, 12 copies of TRANSCRIPT OF PROCEEDINGS (SEE ORDER DATED FEB. 10/95 (only vol. 1-2-3-and 7 to 13 and 15 received) | |
| 1995-02-17 | Appeal court record, 12 copies of vol. 1 to 5 (APPEL BOOK - SEE ORDER DATED FEB. 10/95) | |
| 1995-02-10 | Order on motion to reduce number of copies | |
| 1995-02-10 |
Decision on motion to reduce number of copies, 12 copies of the case on appeal as used by the Court of Appeal, 12 copies of the transcript of evidence as used by the Court of Appeal, one copy of an eight volume schedule of Rosemary Dawson's affidavit and 24 copies of the Suplementary Case on appeal, Co Granted, no order as to costs |
|
| 1995-02-10 | Hearing of motion to reduce number of copies, 1995-02-10, 12 copies of the case on appeal as used by the Court of Appeal, 12 copies of the transcript of evidence as used by the Court of Appeal, one copy of an eight volume schedule of Rosemary Dawson's affidavit and 24 copies of the Suplementary Case on appeal, Co | |
| 1995-02-10 | Submission of motion to reduce number of copies, 1995-02-10, 12 copies of the case on appeal as used by the Court of Appeal, 12 copies of the transcript of evidence as used by the Court of Appeal, one copy of an eight volume schedule of Rosemary Dawson's affidavit and 24 copies of the Suplementary Case on appeal, Co | |
| 1995-02-09 | Affidavit, Eduard J. van Bemmel, with service | Joseph Burke |
| 1995-02-09 | Motion to reduce number of copies, 12 copies of the Case used by the C.A., 12 copies of the Transcript of Evidence used by the C.A., 1 copy of an 8 volume schedule of Rosemary Dawson's affidavit and 24 copies of Supplemental Case on Appeal, with service | Joseph Burke |
| 1995-02-09 | Response to motion to reduce number of copies | Her Majesty the Queen |
| 1995-02-03 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) c.c. A.G. of NF, Gowling, Strathy & Henderson and Burke-Robertson to show cause on March 6/95 at 10:30 a.m. | |
| 1994-11-28 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) re: provisions of subsection 695(2) c.c. A.G. of NF, Gowling, Strathy & Henderson and Burke-Robertson | |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1994-11-25 | Correspondence (sent by the Court) to, sent to A.G. of NF (St. John's, NF) enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1994-10-17 | Order granting leave to appeal | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-10-11 | Notice of appeal, With service | Joseph Burke |
| 1994-10-06 |
Judgment of the Court on the application for leave to appeal, CJ Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-10-03 | Correspondence received from, from Joanne R. Lysyk to C. Alain re: appeal as of right | |
| 1994-09-02 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) re: subsection 695(2) of the Criminal Code of Canada c.c. A.G. of NFLD, Gowling, Strathy & Henderson and Burke-Robertson | |
| 1994-05-31 | All materials on application for leave submitted to the Judges, CJ Co Ia | |
| 1994-05-26 | Applicant's reply to respondent's argument, 5 copies, with service | Joseph Burke |
| 1994-05-18 | General proceeding, to note 5 copies of a B.C. Court of Appeal decisio n in Hanson v. B.C. College of Teachers (to be distributed to the panel) | Joseph Burke |
| 1994-05-18 | Correspondence received from, of Joanne R. Lysyk (Blake, Cassels) along with 5 copies of a B.C. Court of Appeal decision in "Hansen v. B.C. College of Teachers" in support, in particular of paragraph 84 (to be distributed) | Joseph Burke |
| 1994-05-18 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1994-05-11 | Appeal Court record, 3 copies of vol. 1 to 5 (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | |
| 1994-05-11 | Book of authorities, 5 copies, with service | Joseph Burke |
| 1994-05-11 | Application for leave to appeal, 5 copies of vol. 1 and 2, with service, Completed on: 1994-05-11 | Joseph Burke |
| 1994-04-19 | Proof of service, of Notice of Appeal | |
| 1994-04-13 | Correspondence (sent by the Court) to, sent to A.G. of NFLD enclosing copy of Rule 32 | |
| 1994-04-13 | Correspondence (sent by the Court) to, sent to Blake, Cassels & Graydon (Vancouver, BC) enclosing copy of Rule 32 | |
| 1994-04-13 | Proof of service, of the notice of appeal (admitted on April 8/94) | |
| 1994-04-08 | $30.00 filing fee, receipt no. 24403 | Joseph Burke |
| 1994-04-08 | Notice of appeal, 1 copy (fax copy)(original filed on Apr. 11/94) | Joseph Burke |
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 |
|---|---|---|
| Burke, Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Burke, Joseph
Counsel
Suite 2600, Three Bentall Centre
595 Burrard Street, P. O Box 49314
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
FAX: (604) 631-3309
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
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
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.
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Lower court rulings
Supreme Court of Newfoundland and Labrador - Court of Appeal
123
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
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