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25159

Patrick Mara, et al. v. Her Majesty the Queen, et al.

(Ontario) (Criminal) (As of Right)

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)
1997-08-14 Appeal closed
1997-07-17 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1997-07-17 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1997-07-16 Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto)
1997-06-27 Notice of deposit of judgment sent to all parties, Gpw;omg. Strathy & Henderson
1997-06-27 Notice of deposit of judgment sent to all parties, Burke-Robertson
1997-06-26 Judgment on the appeal rendered, CJ LaF L'HD So Co Ia Ma, The appeal of the appellant Patrick Mara is allowed and his acquittal is restored. The appeal of the appellant Allan East was dismissed at the hearing of the appeal.
Allowed, no order as to costs
1997-03-25 General proceeding, transcript received and distributed to the justices (43 pages)
1997-03-12 Hearing of the appeal, 1997-03-12, - as regards East, the appeal is dismissed, reasons to follow. As regards Mara, the appeal is reserved, CJ LaF L'HD So Co Ia Ma
Decision reserved
1997-03-11 Book of authorities, 10 copies of vol. I to IV, with service, Completed on: 1997-03-11 Her Majesty the Queen
1997-03-11 Response to motion to extend time, to file the respondent's factum to March 6/97, Completed on: 1997-03-11 Patrick Mara
1997-03-11 General proceeding, 12 copies of CONDENSED book of evidence and authorities Patrick Mara
1997-03-11 Decision on motion to extend time, to file the respondent's factum to March 6/97, Reg
Granted, no order as to costs
1997-03-11 Hearing of motion to extend time, 1997-03-11, to file the respondent's factum to March 6/97, Reg
1997-03-11 Submission of motion to extend time, 1997-03-11, to file the respondent's factum to March 6/97, Reg
1997-03-10 Notice of withdrawal Attorney General of Canada
1997-03-10 Affidavit, to file the respondent's factum to March 6, 1997 (David Butt), with service Her Majesty the Queen
1997-03-10 $50.00 filing fee for notice of motion, receipt no. 33704 Her Majesty the Queen
1997-03-10 Motion to extend time, to file the respondent's factum to March 6, 1997, with service, Completed on: 1997-03-10 Her Majesty the Queen
1997-03-07 Correspondence (sent by the Court) to, from Gowlings re: duration of argument
1997-03-07 Decision on the motion to state a constitutional question, (ADDITIONAL CONSTITUTIONAL QUESTIONS), CJ
Dismissed, no order as to costs
1997-03-07 Hearing of the motion to state a constitutional question, 1997-03-07, (ADDITIONAL CONSTITUTIONAL QUESTIONS), CJ
1997-03-07 Submission of motion to state a constitutional question, 1997-03-07, (ADDITIONAL CONSTITUTIONAL QUESTIONS), CJ
1997-03-06 Respondent's factum, 24 copies (extension of time requested), with service, Completed on: 1997-03-06 Her Majesty the Queen
1997-03-04 $50.00 filing fee for notice of motion, for Constitutional Questions receipt #33663 Patrick Mara
1997-03-04 Notice of miscellaneous motion, (for an order to vary the order of CJ dated June 10, 1996 and for an order traversing this appeal to the Spring session) $50.00 requested, Completed on: 1997-03-04 Patrick Mara
1997-03-03 Correspondence (sent by the Court) to, from R. Frater to A. Roland, letter dated March 3, 1997 re: status of constitutional challenge be clarified
1997-03-03 Correspondence (sent by the Court) to, from David Butt to A. Roland, letter dated Feb. 28, 1997 re: constitutional questions and re-scheduling this appeal
1997-02-27 Correspondence (sent by the Court) to, from Heather McArthur to Registrar, letter dated Feb. 27, 1997 (fax copy) re: motion to state constitutional questions be reconsidered
1997-02-06 Notice of hearing Patrick Mara
1997-01-27 Appeal hearing scheduled, 1997-03-12
Decision reserved
1996-11-20 Notice of withdrawal Attorney General of Quebec
1996-11-05 Appeal perfected for hearing, Session beginning on 1997-01-20
1996-09-12 Appeal court record, 2 boxes (joint with Trial record)
1996-09-12 Trial court record, 2 boxes (joint with C/A record)
1996-09-11 Order on motion to extend time, to file the case on appeal and the factum
1996-09-11 Decision on motion to extend time, to file the case on appeal to Aug 23/96 and the factum to Sept 10/96, Reg
Granted, no order as to costs
1996-09-11 Hearing of motion to extend time, 1996-09-11, to file the case on appeal to Aug 23/96 and the factum to Sept 10/96, Reg
1996-09-11 Submission of motion to extend time, 1996-09-11, to file the case on appeal to Aug 23/96 and the factum to Sept 10/96, Reg
1996-09-11 Proof of service, of factum (admitted on Sept. 10/96)
1996-09-11 Proof of service, of Case on Appeal
1996-09-10 Appellant's factum, 24 copies (extension of time requested), with service, Completed on: 1996-09-10 Patrick Mara
1996-09-10 Response to motion to extend time, to file the Case on Appeal anf the appellant's factum to Sept. 23/96, Completed on: 1996-09-10 Her Majesty the Queen
1996-09-10 Affidavit, to file the appellant's factum (of Heather McArthur) Patrick Mara
1996-09-10 Affidavit, to file the Case on Appeal (of Heather McArthur) Patrick Mara
1996-09-10 $50.00 filing fee for notice of motion, to extend time receipt #32552 Patrick Mara
1996-09-10 Motion to extend time, to file the Case on Appeal to August 23/96 and the appellant's factum to September 10/96, Completed on: 1996-09-10 Patrick Mara
1996-09-03 Certified casebook, vol. I to V (service admitted on August 26/96), with service Patrick Mara
1996-08-29 Correspondence (sent by the Court) to, sent to A.G. for ON (Toronto, ON) enclosing copy of the notice to the profession dealing with condensed books, c.c. Burke-Robertson
1996-08-29 Correspondence (sent by the Court) to, sent to Heather A. McArthur (Toronto, ON) enclosing copy of the notice to the profession dealing with condensed books, c.c. Ed Van Bemmel
1996-08-23 Case on appeal, 23 copies of vol. I to V (extension of time requested) (B.K. advised) Patrick Mara
1996-07-19 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1996-07-15 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1996-06-18 Notice of constitutional question(s), With service Patrick Mara
1996-06-14 Order on motion to state a constitutional question
1996-06-10 Decision on the motion to state a constitutional question, - Notices of intention to intervene are to be filed no later than July 19/96 (for questions see file), CJ
Granted, no order as to costs
1996-06-10 Hearing of the motion to state a constitutional question, 1996-06-10, - Notices of intention to intervene are to be filed no later than July 19/96 (for questions see file), CJ
1996-06-10 Submission of motion to state a constitutional question, 1996-06-10, - Notices of intention to intervene are to be filed no later than July 19/96 (for questions see file), CJ
1996-05-13 Response to motion to extend time, for the respondent to file a response opposing the motion to state constitutional questions, Completed on: 1996-05-13 Patrick Mara
1996-05-08 General proceeding, 1 copy of the RESPONSE to the motion to state Constitutional Questions (bookform), with service Her Majesty the Queen
1996-05-07 $50.00 filing fee for notice of motion, receipt no. 32058 Her Majesty the Queen
1996-05-07 Affidavit, of David Butt re: motion in opposition to the motion to state constitutional questions, with service Her Majesty the Queen
1996-05-07 Motion to extend time, to file a response opposing the motion to state the constitutional questions to May 10/96, with service, Completed on: 1996-05-07 Her Majesty the Queen
1996-04-17 General proceeding, 2 copies of APPELLANT'S BOOK OF AUTHORITIES ON MOTION TO STATE CONSTITUTIONAL QUESTIONS, with service Patrick Mara
1996-04-17 General proceeding, 2 copies of MEMORANDUM OF FACT AND LAW ON MOTION TO STATE CONSTITUTIONAL QUESTIONS, with service Patrick Mara
1996-04-17 $50.00 filing fee for notice of motion, receipt no. 31911 Patrick Mara
1996-04-17 Motion to state a constitutional question, 2 copies (book form), with service, Completed on: 1996-04-17 Patrick Mara
1996-03-13 Correspondence (sent by the Court) to, sent to Heather A. McArthur (Toronto, ON) re: subsection 695 (2) c.c. David Butt, Gowling, Strathy & Henderson, Burke-Robertson
1996-03-07 Correspondence (sent by the Court) to, sent to Heather A. McArthur (Toronto, ON)enclosing copy of Rule 32
1996-03-07 Correspondence (sent by the Court) to, sent to A.G. of ON (Toronto, ON) enclosing copy of Rule 32
1996-03-07 Correspondence (sent by the Court) to, sent to Wetstein & Shulman (North York, ON) re: subsection 695(2) c.c. David Butt, Ed Van Bemmel, Robert Houston, Q.C.
1996-03-06 Notice of change of counsel, from Lou Shulman to Heather McArthur (fax copy) Patrick Mara
1996-03-06 Notice of appeal, (fax copy) (service admitted on March 5, 1996), Completed on: 1996-03-06 Allan East
1996-03-05 Correspondence (sent by the Court) to, sent to Wetstein & Shulman (North York ON) enclosing copy of Rule 32
1996-03-05 Correspondence (sent by the Court) to, sent to Ministry of the A.G. (Toronto, ON) enclosing copy of Rule 32
1996-02-19 General proceeding, 1 copy of reasons for judgment Patrick Mara
1996-02-19 $50.00 filing a notice of appeal, receipt no. 31581 Patrick Mara
1996-02-19 Notice of appeal, With service, Completed on: 1996-02-19 Patrick Mara

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
Mara, Patrick Applicant Active
East, Allan Applicant Active

v.

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

Counsel

Party: Mara, Patrick

Counsel
Name
Heather A. McArthur
Contact information
200 - 37 PRINCE ARTHUR AVE
TORONTO, Ontario
M5R 1B2
Telephone: (416) 972-1900
FAX: (416) 972-6647
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: East, Allan

Counsel
Name
Heather A. McArthur
Contact information
200 - 37 PRINCE ARTHUR AVE
TORONTO, Ontario
M5R 1B2
Telephone: (416) 972-1900
FAX: (416) 972-6647
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
David B. Butt
Contact information
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4582
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

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

February 9, 1996
Court of Appeal for Ontario

C18057

Appeal allowed, acquittals set aside andconvictions entered

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