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24709

R.M.G. v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(Publication ban on party)

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)
1997-07-30 Appeal closed
1996-10-17 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1996-10-17 Copy of formal judgment being prepared, Burke-Robertson
1996-10-17 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-10-10 Record returned to the Registrar of the Court of Appeal, (1 env.)
1996-10-03 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and a new trial is directed, L'Heureux-Dubé and Gonthier JJ. dissenting.
Allowed, no order as to costs
1996-10-03 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-10-03 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1996-07-04 Correspondence (sent by the Court) to, from Rosenberg to A. Roland, letter dated July 3/ 96 re: passage in the instructions from the Trial Judge to the Jury, sent to CJ LaF L'HD So G Co McL I Ma, July 5/96 (original filed July 8/96)
1996-07-04 General proceeding, transcripts received and distributed to the judges (98 pages)
1996-06-20 General proceeding, to note a copy of CASES...SUPREME JUDICIAL COURT given in Court Her Majesty the Queen
1996-06-20 Hearing of the appeal, 1996-06-20, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-05-31 Correspondence (sent by the Court) to, dated May 30/96 from Karen L. Collins re: duration of argument
1996-05-22 Appeal court record, (accordeon)
1996-05-16 Book of authorities, 10 copies, Completed on: 1996-05-16 Her Majesty the Queen
1996-05-15 Respondent's factum, 24 copies, with service, Completed on: 1996-05-15 Her Majesty the Queen
1996-04-29 Notice of hearing, With service R.M.G.
1996-04-25 Appeal hearing scheduled, 1996-06-20
Decision reserved
1996-04-12 Book of authorities, 10 copies, with service, Completed on: 1996-04-12 R.M.G.
1996-04-03 $50.00 filing fee for notice of motion, receipt no. 31828 R.M.G.
1996-04-02 Order on motion to extend time, to file the factum
1996-04-02 Decision on motion to extend time, to file the factum to Mar 19/96, nunc pro tunc, CJ
Granted, no order as to costs
1996-04-02 Hearing of motion to extend time, 1996-04-02, to file the factum to Mar 19/96, nunc pro tunc, CJ
1996-04-02 Submission of motion to extend time, 1996-04-02, to file the factum to Mar 19/96, nunc pro tunc, CJ
1996-04-02 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ
Granted, no order as to costs
1996-04-02 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-04-02, CJ
1996-04-02 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-04-02, CJ
1996-04-01 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Completed on: 1996-04-01 Her Majesty the Queen
1996-04-01 Response to motion to extend time, to file the appellant's factum to March 19/96 (joint with A332), Completed on: 1996-04-01 Her Majesty the Queen
1996-03-29 Affidavit, of E. V. Bemmel (joint affidavit), with service R.M.G.
1996-03-29 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (joint with motion to extend the time) - 1 copy, with service, Completed on: 1996-03-29 R.M.G.
1996-03-29 Motion to extend time, to file the appellant's factum to March 19/96 (joint with motion for an order that the appeal not be deemed abandoned) - $50.00 requested, with service, Completed on: 1996-03-29 R.M.G.
1996-03-19 Appellant's factum, 24 copies (extension of time requested - EVB), with service, Completed on: 1996-03-19 R.M.G.
1996-02-26 Appeal perfected for hearing, Session beginning on 1996-04-22
1996-01-12 Certified casebook R.M.G.
1996-01-11 Case on appeal, 23 copies R.M.G.
1995-11-27 Correspondence (sent by the Court) to, sent to Rosenberg & Rosenberg (Vancouver, BC) re: subsection 695(2) c.c. Robert A. Mulligan, Gowling, Strathy & Henderson & Burke-Robertson
1995-11-14 Correspondence (sent by the Court) to, sent to A.G. for B.C. (Victoria, BC) enclosing copy of Rule 32 c.c. Burke-Robertson
1995-11-14 Correspondence (sent by the Court) to, sent to Rosenberg & Rosenberg (Vancouver, BC) enclosing copy of Rule 32 c.c. Brian Crane, Q.C.
1995-11-09 Notice of appeal, With service R.M.G.
1995-11-09 Order granting leave to appeal
1995-10-12 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1995-10-12 Notice of deposit of judgment issued to all parties, Burke-Robertson
1995-10-12 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-06-09 All materials on application for leave submitted to the Judges, CJ G Ia
1995-06-02 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1995-05-11 Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated May 11/95 sent to applicant
1995-05-11 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding including filing fee
1995-05-08 $50.00 filing fee, receipt #22498 R.M.G.
1995-05-08 Application for leave to appeal, 5 copies, with service, Completed on: 1995-05-08 R.M.G.

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
R.M.G. Applicant Active

v.

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

Counsel

Party: R.M.G.

Counsel
Name
David M. Rosenberg
Contact information
Rosenberg & Rosenberg
671D MARKET HILL RD
VANCOUVER, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
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: Her Majesty the Queen

Counsel
Name
Robert A. Mulligan
Contact information
Attorney General of British Columbia
1st Floor
850 Burdett Avenue
Victoria, British Columbia
V8W 1B4
Telephone: (250) 387-5153
FAX: (250) 356-0216
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

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 22, 1993
Supreme Court of British Columbia

x

conviction: sexual assault and sexual touching of a person under 14

March 17, 1995
Court of Appeal for British Columbia (Vancouver)

CA018374

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13