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.
26161
Her Majesty the Queen v. John Sundown
(Saskatchewan) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-05-12 | Correspondence received, from Mandamin & Ass. dated May 11, 1999 (fax copy) re: Internet version of the decision | |
| 1999-04-26 | Record returned to the Registrar of the Court of Appeal | |
| 1999-04-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 1999-04-08 | Copy of formal judgment being prepared | |
| 1999-03-26 | Notice of deposit of judgment sent to all parties | |
| 1999-03-25 |
Judgment on the appeal rendered, CJ L'HD Co McL Ia Ba Bi, The appeal is dismissed. As this appeal was resolved without reference to the Constitution Act, 1982, the constitutional question need not be answered. Dismissed, no order as to costs |
|
| 1998-12-29 | Correspondence received from, J. Jodouin to A. Roland, letter dated Dec. 21, 1998 re: responding to Mr. P. McAdam's letter dated Dec. 3, 1998, sent to CJ L'HD Co McL I Ba Bi, Jan. 7/99 | John Sundown |
| 1998-12-09 | Correspondence received from, P. McAdam to A. Roland, letter dated Dec. 3, 1998 re: enclosing a copy of Ontario Court of Justice "R. v. Olsen" sent to CJ L'HD Co McL I Ba Bi, Jan. 7/99 | Her Majesty the Queen |
| 1998-11-20 | Transcript received, and distributed to the justices (106 pages) | |
| 1998-11-03 | Order on motion to extend time, to serve and file the factum | |
| 1998-11-03 |
Decision on motion to extend time, to serve and file the factum to Oct. 16/98, nunc pro tunc, Reg Granted, no order as to costs |
|
| 1998-11-03 | Submission of motion to extend time, 1998-11-03, to serve and file the factum to Oct. 16/98, nunc pro tunc, Reg | |
| 1998-11-03 |
Hearing of the appeal, 1998-11-03, CJ L'HD Co McL Ia Ba Bi Decision reserved |
|
| 1998-10-28 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1998-10-27 | $50.00 filing fee for notice of motion, receipt no. 31375 | Attorney General of Manitoba |
| 1998-10-26 | Affidavit, to file the intervener's factum to Oct. 16, 1998 (D. Carlson), with service | Attorney General of Manitoba |
| 1998-10-26 | Motion to extend time, to file the intervener's factum to Oct. 16, 1998 ($50.00 requested), with service, Completed on: 1998-10-26 | Attorney General of Manitoba |
| 1998-10-23 | Notice of appearance, (James D. Jodouin and Gary L. Bainbridge) | John Sundown |
| 1998-10-22 |
Decision on motion to extend time, to serve and file the factum to Oct. 8/98, nunc pro tunc, Reg Granted, no order as to costs |
|
| 1998-10-22 | Hearing of motion to extend time, 1998-10-22, to serve and file the factum to Oct. 8/98, nunc pro tunc, Reg | |
| 1998-10-22 | Submission of motion to extend time, 1998-10-22, to serve and file the factum to Oct. 8/98, nunc pro tunc, Reg | |
| 1998-10-21 | Notice of appearance, (René Morin) | Attorney General of Quebec |
| 1998-10-16 | Intervener's factum, (extension of time requested), with service, Completed on: 1998-10-16 | Attorney General of Manitoba |
| 1998-10-14 | $50.00 filing fee for notice of motion, receipt #31325 | Attorney General of Alberta |
| 1998-10-14 | Affidavit, to file their factum to Oct. 8/98 (R. Normey), with service | Attorney General of Alberta |
| 1998-10-14 | Motion to extend time, to serve and file the A.G. of Alberta's Factum to Oct. 8/98, with service, Completed on: 1998-10-14 | Attorney General of Alberta |
| 1998-10-08 | Book of authorities, Completed on: 1998-10-08 | Attorney General of Alberta |
| 1998-10-08 | Intervener's factum, 25 copies (extension of time requested), with service, Completed on: 1998-10-08 | Attorney General of Alberta |
| 1998-09-29 | Proof of service, of Factum and Book of Authorities | |
| 1998-09-25 |
Decision on motion to extend time, to serve and file the respondent's factum, record authorities to Aug. 28/98, Reg Granted, no order as to costs |
|
| 1998-09-25 | Hearing of motion to extend time, 1998-09-25, to serve and file the respondent's factum, record authorities to Aug. 28/98, Reg | |
| 1998-09-25 | Submission of motion to extend time, 1998-09-25, to serve and file the respondent's factum, record authorities to Aug. 28/98, Reg | |
| 1998-09-24 | Book of authorities, Completed on: 1998-09-24 | Attorney General of Quebec |
| 1998-09-24 | Intervener's factum, Completed on: 1998-09-24 | Attorney General of Quebec |
| 1998-09-23 | Response to motion to extend time, to file the respondent's record, factum and authorities to Sept. 4, 1998 (Gowling), Completed on: 1998-09-23 | Her Majesty the Queen |
| 1998-09-23 | Affidavit, to file the respondent's record, factum and authorities to Aug. 28, 1998 | John Sundown |
| 1998-09-23 | $50.00 filing fee for notice of motion, receipt no. 31210 | John Sundown |
| 1998-09-23 | Motion to extend time, to file the respondent's record, factum and authorities to Aug. 28, 1998, Completed on: 1998-09-23 | John Sundown |
| 1998-09-22 | Notice of withdrawal | Attorney General of Canada |
| 1998-09-16 | Notice of hearing, With service | Her Majesty the Queen |
| 1998-09-11 |
Appeal hearing scheduled, 1998-11-03 Decision reserved |
|
| 1998-08-28 | Book of authorities, 12 copies (extension requested), Completed on: 1998-08-28 | John Sundown |
| 1998-08-28 | Respondent's record, 24 copies (extension requested), Completed on: 1998-08-28 | John Sundown |
| 1998-08-28 | Respondent's factum, 24 copies (extension requested), Completed on: 1998-08-28 | John Sundown |
| 1998-08-14 | Appeal perfected for hearing, Session beginning on 1998-10-05 | |
| 1998-08-04 | Order on motion to extend time, to file their factum, record and book of authorities | |
| 1998-08-04 |
Decision on motion to extend time, to serve & file their factum to June 17/98, their record to June 24/98 and their book of authorities to June 29/98, Reg Granted, no order as to costs |
|
| 1998-08-04 | Hearing of motion to extend time, 1998-08-04, to serve & file their factum to June 17/98, their record to June 24/98 and their book of authorities to June 29/98, Reg | |
| 1998-08-04 | Submission of motion to extend time, 1998-08-04, to serve & file their factum to June 17/98, their record to June 24/98 and their book of authorities to June 29/98, Reg | |
| 1998-07-30 | Correspondence (sent by the Court) to, (by fax) dated July 30, 1998 from Anne Marshall (Nelligan Power) re : takes no position on extension of time | |
| 1998-07-22 | $50.00 filing fee for notice of motion, receipt no. 30892 | Her Majesty the Queen |
| 1998-07-17 | Affidavit, to file the appellant's factum to June 17, the appellant's record to June 24 and the authorities to June 29, 1998 (P. McAdam) | Her Majesty the Queen |
| 1998-07-17 | Motion to extend time, to file the appellant's factum to June 17, 1998, the appellant's record to June 24 and the authorities to June 29, 1998 ($50.00 requested), with service, Completed on: 1998-07-17 | Her Majesty the Queen |
| 1998-06-30 | Proof of service, book of authorities | |
| 1998-06-29 | Book of authorities, 12 copies, Completed on: 1998-06-29 | Her Majesty the Queen |
| 1998-06-29 | Notice of intervention respecting a constitutional question, With service | Attorney General of Quebec |
| 1998-06-29 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1998-06-26 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1998-06-24 | Appellant's record, 24 copies (extension of time requested), with service, Completed on: 1998-06-24 | Her Majesty the Queen |
| 1998-06-24 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1998-06-18 | Proof of service, 1 copy of factum (admitted on June 17\98), with service | |
| 1998-06-17 | Appellant's factum, 22 copies (extension of time requested), Completed on: 1998-06-17 | Her Majesty the Queen |
| 1998-06-01 | Notice of constitutional question(s) | Her Majesty the Queen |
| 1998-05-26 | Order on motion to state a constitutional question | |
| 1998-05-25 |
Decision on the motion to state a constitutional question, is granted (for question see file). Notices of intention to intervene are to be filed no later than June 29/98, CJ Granted, no order as to costs |
|
| 1998-05-25 | Hearing of the motion to state a constitutional question, 1998-05-25, is granted (for question see file). Notices of intention to intervene are to be filed no later than June 29/98, CJ | |
| 1998-05-25 | Submission of motion to state a constitutional question, 1998-05-25, is granted (for question see file). Notices of intention to intervene are to be filed no later than June 29/98, CJ | |
| 1998-05-11 | Correspondence (sent by the Court) to, from G. Bainbridge of Woloshyn to A. Roland, letter dated May 4, 1998 re: agrees with the proposed constitutional questions | |
| 1998-05-11 | Correspondence (sent by the Court) to, P. M. McAdam of Sask. Justice to A. Roland, letter dated May 5, 1998 re: agree with the proposed constitutional questions | |
| 1998-05-04 | Appeal court record, (1 envelope) | |
| 1998-04-22 | Correspondence (sent by the Court) to, dated Apr. 15\98 from P. M. McAdam addressed to the C.A. Registrar requesting the Court record be forwarded to S.C.C. | |
| 1998-04-02 | Correspondence (sent by the Court) to, from Gary Gainbridge of Woloshyn & Mattison, letter dated April 2, 1998 (fax copy) re: submits that the constitutional question is satisfactory in its present form | |
| 1998-02-19 | $50.00 filing fee for notice of motion, receipt #30155 | John Sundown |
| 1998-02-19 | Affidavit, of James D. Jodouin in support of the motion to state constitutional questions; 2 copies, with service | John Sundown |
| 1998-02-19 | Motion to state a constitutional question, 2 copies, with service, Completed on: 1998-02-19 | John Sundown |
| 1998-01-13 | Correspondence (sent by the Court) to, sent to A.G. for Saskatchewan and Woloshyn Mattison re: Rule 32 | |
| 1997-12-17 | Notice of appeal, (1 copy), with service, Completed on: 1997-12-17 | Her Majesty the Queen |
| 1997-11-20 |
Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-11-20 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-11-20 | Notice of deposit of judgment issued to all parties, Woloshyn Mattison (Saskatoon, SK) | |
| 1997-10-31 | All materials on application for leave submitted to the Judges, 1997-11-20, CJ Co McL | |
| 1997-10-10 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1997-10-10 | Her Majesty the Queen |
| 1997-09-30 | Proof of service, of the respondent's response (book form) | |
| 1997-09-29 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-09-29 | John Sundown |
| 1997-09-04 | Correspondence received from, sent to Woloshyn Mattison (Saskatoon, SK) enclosing copy of letter dated Sept. 4/97 sent to Applicant | |
| 1997-09-04 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-08-29 | $50.00 filing fee, receipt #34644 (paid after opening of file) | Her Majesty the Queen |
| 1997-08-29 | Application for leave to appeal, 5 copies (filing fee missing) (service admitted on Aug. 28, 1997), with service, Completed on: 1997-08-29 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sundown, John | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
1874 Scarth St - 10th Floor
Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-7846
FAX: (306) 787-9111
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Sundown, John
Counsel
200 - 111, 2nd Ave S
Saskatoon, Saskatchewan
S7K 1K6
Telephone: (306) 244-2242
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Attorney General of Manitoba
Counsel
1205 - 405 Broadway Ave
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 229-0679
FAX: (204) 945-0053
Email: Deborah.Carlson@gov.mb.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Attorney General of Alberta
Counsel
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Quebec
Counsel
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: rmorin@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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
Court of Queen’s Bench of Saskatchewan
No. 18
See file
Court of Appeal for Saskatchewan
6725
Applicant's appeal dismissed and Respondent's appeal allowed; acquittals 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
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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
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