Case information
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27852
Her Majesty the Queen v. Lavallee, Rackel and Heintz Barristers and Solicitors, et al.
(Alberta) (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) |
|---|---|---|
| 2002-11-04 | Record returned to the Registrar of the Court of Appeal | |
| 2002-09-23 | Appeal closed | |
| 2002-09-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-09-12 |
Judgment on the appeal rendered, (joint reasons with 28144 and 28385), CJ L'HD G Ia Ma Ba Bi Arb LeB, (L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting in part.) (See long version) Dismissed, no order as to costs |
|
| 2002-01-10 | Correspondence received from, Robert Frater dated Jan. 10/02 re: C/A of B.C. stay orders in related cases R. v. Youngman 28936 and R. v. Huber 28937 (joint with 28144-28385)(sent to the Court Jan. 15/02) | Her Majesty the Queen |
| 2002-01-07 | Transcript received, 194 pages (joint with 28385-28144) | |
| 2001-12-13 | Judgment reserved OR rendered with reasons to follow | |
| 2001-12-13 |
Hearing of the appeal, 2001-12-13, (V116/117), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-12-13 | Acknowledgement and consent for video taping of proceedings, (joint with 28385, 28144) | |
| 2001-12-12 | Appellant's condensed book | Her Majesty the Queen |
| 2001-11-28 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Ontario to Nov. 20, 2001. Granted, no order as to costs |
|
| 2001-11-28 | Submission of motion to extend time, Reg | |
| 2001-11-27 | Book of authorities, (joint avec 28144 et 28385), Completed on: 2001-11-27 | Attorney General of Québec |
| 2001-11-26 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT EACH GRANTED TO L.S.A & F.L.S.C BY MAJOR J.) | |
| 2001-11-23 | Intervener's factum, (joint avec 28144-28385), Completed on: 2001-11-23 | Attorney General of Québec |
| 2001-11-20 | Motion to extend time, to file the factum and authorities to Nov. 20, 2001 (joint with 28144), Completed on: 2001-11-20 | Attorney General for Ontario |
| 2001-11-20 | Book of authorities, (joint with 28144) - extension of time requested, Completed on: 2001-11-20 | Attorney General for Ontario |
| 2001-11-20 | Intervener's factum, (joint with 28144) - extension of time requested, Completed on: 2001-11-20 | Attorney General for Ontario |
| 2001-10-26 | Notice of withdrawal | Attorney General of Manitoba |
| 2001-10-16 | Notice of withdrawal | Attorney General of British Columbia |
| 2001-10-05 | Correspondence (sent by the Court) to, Mr. Polo; re: represented by counsel ? (sent registered mail - acknowledgement Oct. 15) | |
| 2001-09-28 | Intervener's factum, (joint with authorities), Completed on: 2001-09-28 | The Law Society of Alberta |
| 2001-09-28 | Book of authorities, joint with 28144, Completed on: 2001-10-30 | Federation of Law Societies of Canada |
| 2001-09-28 | Intervener's factum, joint with 28144, Completed on: 2001-10-25 | Federation of Law Societies of Canada |
| 2001-09-26 | Book of authorities, (joint with 28144, 28384, 28385), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-26 | Intervener's factum, (joint with 28144, 28384, 28385), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-11 | Correspondence received from, Burke-Robertson dated Sept. 10, 2001 re: whether the Att. of B.C. can file a compendious factum for all 4 cases | Attorney General of British Columbia |
| 2001-09-06 | Notice of hearing | Her Majesty the Queen |
| 2001-09-05 |
Appeal hearing scheduled, 2001-12-13 Judgment reserved |
|
| 2001-09-04 | Respondent's book of authorities, (extension of time requested) (affidavit of service filed separately on Sept. 4/01 - service missing on Polo/ rec'd Sept. 11/01), Completed on: 2001-09-11 | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2001-08-31 | Respondent's factum, (see decision dated Aug. 28/01) (affidavit of service filed separately Aug. 31/01 - service missing on Polo/ rec'd Sept. 11/01), Completed on: 2001-09-11 | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2001-08-28 | Order on motion to extend time | |
| 2001-08-28 |
Decision on motion to extend time, Reg, to serve and file the factum of the respondent Lavallee, Rackel and Heintz to August 31, 2001 Granted, no order as to costs |
|
| 2001-08-28 | Submission of motion to extend time, Reg | |
| 2001-08-27 | Response to motion to extend time, Completed on: 2001-08-27 | Her Majesty the Queen |
| 2001-08-27 | Motion to extend time, to file the factum to Aug. 31, 2001, Completed on: 2001-08-27 | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2001-08-20 | Correspondence received from, E.J. Van Bemmel dated Aug. 20/01 re: counsel appearing at the hearing (joint with 28144) | Federation of Law Societies of Canada |
| 2001-07-26 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-07-18 | Supplemental document, Appellant's Supplementary Record (C/A Order of Feb. 17/00) (25th copy rec'd with service on Polo) | Her Majesty the Queen |
| 2001-06-22 | Appeal court record, (1 box rec'd June 22/01 and 1 box rec'd June 25/01) | |
| 2001-06-11 | Correspondence received, Ken S. Westlake dated June 4/01 re: returning copy of faxed order - not acting for any party in this matter | |
| 2001-05-31 | Appellant's book of authorities, vol. 1 and 2 (see order), Completed on: 2001-05-31 | Her Majesty the Queen |
| 2001-05-31 | Appellant's record, Completed on: 2001-06-11 | Her Majesty the Queen |
| 2001-05-31 | Appellant's factum, (see order dated May 7/01) (service on Polo missing - rec'd June 7/01), Completed on: 2001-06-11 | Her Majesty the Queen |
| 2001-05-28 | Correspondence received from, Robert H. Davidson dated May 25/01 (by fax) re: confirming he is not acting on behalf of A. Polo | Andrew Brent Polo |
| 2001-05-28 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2001-05-25 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2001-05-25 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2001-05-25 | Order on motion for leave to intervene, (BY THE COURT) | |
| 2001-05-25 |
Decision on the motion for leave to intervene, Ma, by the FEDERATION OF LAW SOCIETIES OF CANADA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED NOV. 26, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs |
|
| 2001-05-25 |
Decision on the motion for leave to intervene, Ma, by the LAW SOCIETY OF ALBERTA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED NOV. 26, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs |
|
| 2001-05-25 | Submission of motion for leave to intervene, Ma | |
| 2001-05-17 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2001-05-07 | Order on motion to extend time | |
| 2001-05-07 |
Decision on motion to extend time, to serve and file the appellant's factum, Record and book of authorities to May 31/01, Reg Granted, no order as to costs |
|
| 2001-05-07 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2001-05-07 | Submission of motion to extend time, Reg | |
| 2001-05-04 | Response to motion to extend time, Completed on: 2001-05-04 | Andrew Brent Polo |
| 2001-04-27 | Response to motion to extend time, from D.G. Butcher (1 copy), Completed on: 2001-04-27 | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2001-04-27 | Motion to extend time, to serve and file the Factum, Record and Authorities to May 31/01 (1 copy) (missing 1 service - rec'd May 4/01), Completed on: 2001-04-27 | Her Majesty the Queen |
| 2001-04-27 | Notice of constitutional question(s) | Her Majesty the Queen |
| 2001-04-26 | Order on motion to state a constitutional question | |
| 2001-04-25 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 488.1 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? 3. Does s. 488.1 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 8 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? Notices of intervention are to be filed on or before May 28, 2001. Granted, no order as to costs |
|
| 2001-04-05 | Submission of motion to state a constitutional question, CJ | |
| 2001-03-06 | Motion for leave to intervene, to file a factum and present oral argument (2 copies), Completed on: 2001-03-06 | Federation of Law Societies of Canada |
| 2001-03-06 | Motion for leave to intervene, (book form), Completed on: 2001-03-06 | The Law Society of Alberta |
| 2001-02-27 | Motion to state a constitutional question, 2 copies (served on Polo on March 7, 2001), Completed on: 2001-02-27 | Her Majesty the Queen |
| 2001-01-30 | Correspondence received from, K. Westlake dated Jan. 26, 2001 (fax copy) re: has never represented for Mr. Polo | Andrew Brent Polo |
| 2001-01-18 | Letter acknowledging receipt of notice of appeal | |
| 2001-01-12 | Correspondence received from, K. Westlake dated Jan. 12, 2001 (fax copy) re: is no longer counsel for Mr. Polo (no need for motion under R. 14, see letter received on Jan. 30, 2001) | Andrew Brent Polo |
| 2001-01-05 | Notice of appeal, (service received on Jan. 11, 2001)(proof of service on Polo received on March 9, 2001), Completed on: 2001-01-11 | Her Majesty the Queen |
| 2000-12-08 | Notice of deposit of judgment issued to all parties | |
| 2000-12-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 2000-12-01 | Correspondence received from, R. Frater dated Dec. 1, 2000 re: similar issues with 28144 | Her Majesty the Queen |
| 2000-11-20 | All materials on application for leave submitted to the Judges, L'HD Ba LeB | |
| 2000-08-23 | Correspondence received from, K. Westlake dated Aug. 16, 2000 re: is no longer represents Mr. Polo | Andrew Brent Polo |
| 2000-08-17 | Applicant's reply to respondent's argument, (admission of service requested - filed Aug. 18/00), Completed on: 2000-08-18 | Her Majesty the Queen |
| 2000-08-11 | Order on motion to extend time | |
| 2000-08-11 |
Decision on motion to extend time, Reg, to serve and file the respondent's Lavallee, Rackel and Heintz response to Aug. 11, 2000. Granted, no order as to costs |
|
| 2000-08-11 | Submission of motion to extend time, Reg | |
| 2000-08-10 | Respondent's response on the application for leave to appeal, 6 copies, Completed on: 2000-08-10 | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2000-08-04 | Response to motion to extend time, Completed on: 2000-08-04 | Her Majesty the Queen |
| 2000-08-04 | Motion to extend time, to file the response to Aug. 11, 2000 - 2 copies, Completed on: 2000-08-04 | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2000-06-09 | Correspondence received from, A.A.H. Sherwood; re: intends to respond to the leave application | Lavallee, Rackel and Heintz Barristers and Solicitors |
| 2000-04-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-04-13 | Application for leave to appeal, Completed on: 2000-04-13 | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lavallee, Rackel and Heintz Barristers and Solicitors | Respondent | Active |
| Polo, Andrew Brent | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| The Law Society of Alberta | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Federation of Law Societies of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Peter DeFreitas
David Schermbrucker
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Lavallee, Rackel and Heintz Barristers and Solicitors
Counsel
Michael J. Hewitt
1200 - 1125 Howe Street
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Polo, Andrew Brent
This party is not represented by counsel.
Party: The Law Society of Alberta
Counsel
600, 919 - 11 Ave SW
Calgary, Alberta
T2R 1P3
Telephone: (403) 229-4700
FAX: (403) 245-0174
Email: Lindsay.MacDonald@lawsocietyalberta.com
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Attorney General of Alberta
Counsel
Appeals & Criminal Law Policy
1620 - 639 5 Avenue S.W.
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: eric.tolppanen@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Federation of Law Societies of Canada
Counsel
Joel Pink, Q.C.
Shane Parker
5739 Inglis St.
Halifax, Nova Scotia
B3H 1K5
Telephone: (902) 422-7411
FAX: (902) 423-3544
Email: aderrick@bdr.ns.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General for Ontario
Counsel
Philip Downes
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Québec
Counsel
Benoit Lauzon
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
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
Court of Queen’s Bench of Alberta
9603 0163C2
Application granted: s.488.1 of the Criminal Code struck down as unconstitutional because it breaches section 7 and 8 of the Charter.
Court of Appeal of Alberta (Edmonton)
Decision allowing appeal to continue notwhitstanding that the issues between the Attorney General of Canada and Andrew Brent Polo as regards the criminal prosecution are moot.
Court of Appeal of Alberta (Edmonton)
9803-0449-A1
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
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