Case information
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28144
White, Ottenheimer & Baker v. Attorney General of Canada
(Newfoundland & Labrador) (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 cross-appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The cross-appeal is dismissed, (L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting in part.) Dismissed, no order as to costs |
|
| 2002-09-12 |
Judgment on the appeal rendered, (joint reasons with 27852 and 28385), CJ L'HD G Ia Ma Ba Bi Arb LeB, (L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting.) (See long version) Allowed, no order as to costs |
|
| 2002-01-10 | Correspondence received from, Robert Frater dated Jan. 10/02 re: 3 C/A of B.C. stay orders in related cases R. v. Youngman 28936 and R. v. Huber 28937 (joint with 27852-28385)(sent to the Court Jan. 15/02) | Attorney General of Canada |
| 2002-01-07 | Transcript received, 194 pages (joint with 27852-28385) | |
| 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 28752, 28385) | |
| 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 27852 et 28385), Completed on: 2001-11-27 | Attorney General of Québec |
| 2001-11-26 | Order on motion for leave to intervene, (15 MINUTES GRANTED TO F.L.S.C. BY MAJOR J.) | |
| 2001-11-23 | Intervener's factum, (joint avec 27852-28385), Completed on: 2001-11-23 | Attorney General of Québec |
| 2001-11-21 | Response to motion to extend time, from Gowlings dated Nov. 21, 2001 (fax copy), Completed on: 2001-11-21 | White, Ottenheimer & Baker |
| 2001-11-20 | Motion to extend time, to file the factum and authorities to Nov. 20, 2001 (joint with 27852), Completed on: 2001-11-20 | Attorney General for Ontario |
| 2001-11-20 | Book of authorities, (joint with 27852) - extension of time requested, Completed on: 2001-11-20 | Attorney General for Ontario |
| 2001-11-20 | Intervener's factum, (joint with 27852) - extension of time requested, Completed on: 2001-11-20 | Attorney General for Ontario |
| 2001-10-26 | Notice of withdrawal | Attorney General of Manitoba |
| 2001-10-15 | Notice of withdrawal | Attorney General of British Columbia |
| 2001-09-28 | Book of authorities, joint with 27852, Completed on: 2001-09-28 | Federation of Law Societies of Canada |
| 2001-09-28 | Intervener's factum, joint with 27852, Completed on: 2001-09-28 | Federation of Law Societies of Canada |
| 2001-09-26 | Book of authorities, (joint), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-26 | Intervener's factum, (joint with 27852, 28384, 28385), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-13 | Notice of hearing | White, Ottenheimer & Baker |
| 2001-09-05 |
Appeal hearing scheduled, 2001-12-13 Judgment reserved |
|
| 2001-08-28 | Respondent's factum - cross appeal, joint with Respondent's factum, Completed on: 2001-08-28 | Attorney General of Canada |
| 2001-08-28 | Respondent's book of authorities, joint with cross-appeal, Completed on: 2001-08-28 | Attorney General of Canada |
| 2001-08-28 | Respondent's factum, joint with cross-appeal, Completed on: 2001-08-28 | Attorney General of Canada |
| 2001-08-28 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-08-20 | Correspondence received from, E.J. Van Bemmel dated Aug. 20/01 re: counsel appearing at the hearing (joint with 27852) | Federation of Law Societies of Canada |
| 2001-07-31 | Appeal court record, (1 box - joint with Trial Court Record) | |
| 2001-07-26 |
Decision on motion to extend time, DeRg, to serve and file the appellants book of authorities to July 9, 2001, nunc pro tunc. and their record to July 11, 2001, nunc pro tunc. Granted, no order as to costs |
|
| 2001-07-26 | Submission of motion to extend time, DeRg | |
| 2001-07-26 | Response to motion to extend time, (consent), Completed on: 2001-07-26 | Attorney General of Canada |
| 2001-07-13 | Motion to extend time, to file the authorities to July 9, 2001 and record to July 11, 2001 - 1 copy, Completed on: 2001-07-13 | White, Ottenheimer & Baker |
| 2001-07-11 | Appellant's record, (extension of time requested), Completed on: 2001-07-31 | White, Ottenheimer & Baker |
| 2001-07-09 | Appellant's book of authorities, (extension of time requested) (original served and filed July 11/01), Completed on: 2001-07-09 | White, Ottenheimer & Baker |
| 2001-07-03 | Appellant's factum, Completed on: 2001-07-11 | White, Ottenheimer & Baker |
| 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 respondent any additional disbursements occasioned to the appellant and respondent 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 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2001-04-27 | Notice of constitutional question(s) | Attorney General of Canada |
| 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 |
|
| 2001-04-10 | Order granting leave to appeal | |
| 2001-04-05 | Submission of motion to state a constitutional question, CJ | |
| 2001-03-14 | Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated March 14, 2001, Completed on: 2001-03-14 | White, Ottenheimer & Baker |
| 2001-03-06 | Motion for leave to intervene, to file a factum and present oral argument (1 copy), Completed on: 2001-03-06 | Federation of Law Societies of Canada |
| 2001-03-06 | Letter acknowledging receipt of notice of appeal | |
| 2001-03-02 | Notice of appeal, Completed on: 2001-03-02 | White, Ottenheimer & Baker |
| 2001-02-27 | Motion to state a constitutional question, 2 copies, Completed on: 2001-02-27 | Attorney General of Canada |
| 2001-02-27 | Notice of cross appeal, Completed on: 2001-02-27 | Attorney General of Canada |
| 2001-02-16 | Notice of deposit of judgment issued to all parties | |
| 2001-02-15 |
Judgment of the Court on the application for leave to cross-appeal Granted, no order as to costs |
|
| 2001-02-15 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-01-03 | All material on the application for leave to cross-appeal submitted to the Judges, L'HD Ba LeB | |
| 2001-01-03 | All materials on application for leave submitted to the Judges, L'HD Ba LeB | |
| 2000-12-01 | Correspondence received from, R. Frater dated Dec. 1, 2000 re: similar issues with 27852 | Attorney General of Canada |
| 2000-11-13 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2000-10-30 | Application for leave to cross-appeal, (joint with response on leave), Completed on: 2000-10-30 | Attorney General of Canada |
| 2000-10-30 | Respondent's response on the application for leave to appeal, (joint with cross-appeal), Completed on: 2000-10-30 | Attorney General of Canada |
| 2000-09-26 | Application for leave to appeal, (T.C. and A.C. orders filed on Nov. 30, 2000), Completed on: 2000-12-01 | White, Ottenheimer & Baker |
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 |
|---|---|---|
| White, Ottenheimer & Baker | Appellant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent / Appellant on cross-appeal | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Federation of Law Societies of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
Counsel
Party: White, Ottenheimer & Baker
Counsel
Geoffrey L. Spencer
Suite 900, Atlantic Place
P.O. Box 1538
St. John's, Newfoundland & Labrador
A1C 5N8
Telephone: (709) 579-2081
FAX: (709) 579-2647
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 of Canada
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: 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
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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 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: 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
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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.
None.
Lower court rulings
Supreme Court of Newfoundland and Labrador, Court of Appeal
1998 St. J. 2936, 1998 St. J. 2940
Application dismissed
Supreme Court of Newfoundland and Labrador - Court of Appeal
99/34
See file
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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