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.
28223
David Scott Hall v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2002-10-28 | Appeal closed | |
| 2002-10-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-10-10 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal for Ontario, Number C33149, dated September 1, 2000, heard on April 23, 2002 is dismissed. The phrase in s. 515(10)(c) of the Criminal Code that permits the denial of bail "on any other just cause being shown and, without limiting the generality of the foregoing," is unconstitutional and should be severed from the paragraph. The portion of the paragraph that permits a judge to deny bail "where the detention is necessary in order to maintain confidence in the administration of justice ..." is constitutionally valid. Iacobucci, Major, Arbour and LeBel JJ. are dissenting. (See long version for constitutional questions) Dismissed, no order as to costs |
|
| 2002-05-31 |
Decision on miscellaneous motion, to serve and file the respondent's supplementary book of authorities to May 14/02, Reg Granted |
|
| 2002-05-31 | Submission of miscellaneous motion, Reg | |
| 2002-05-30 | Response to miscellaneous motion, (Letter Form), from J. Norris dated May 30, 2002 (fax copy), Completed on: 2002-05-30 | David Scott Hall |
| 2002-05-21 | Notice of miscellaneous motion, to serve and file a Supplementary Book of Authorities, Completed on: 2002-05-21 | Her Majesty the Queen |
| 2002-05-14 | Respondent's book of authorities, (Supplementary Book of Authorities) (motion requested) (sent to Bench June 4/02), Completed on: 2002-05-14 | Her Majesty the Queen |
| 2002-05-14 | Correspondence received from, E. Siebenmorgen dated May 13/02 re: explaining supplementary book of authorities (12 copies) (motion requested) (sent to Bench June 4/02) | Her Majesty the Queen |
| 2002-05-08 | Transcript received, 135 pages | |
| 2002-04-26 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Canada to April 10, 2002. Granted |
|
| 2002-04-26 | Submission of motion to extend time, Reg | |
| 2002-04-23 | Judgment reserved OR rendered with reasons to follow | |
| 2002-04-23 |
Hearing of the appeal, 2002-04-23, (V032/033), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2002-04-23 | Supplemental document, (condensed book) | Criminal Lawyers' Association (Ontario) |
| 2002-04-23 | Acknowledgement and consent for video taping of proceedings | |
| 2002-04-22 | Notice of appearance, (fax copy) | Attorney General of Canada |
| 2002-04-18 | Response to motion to extend time, Completed on: 2002-04-18 | Her Majesty the Queen |
| 2002-04-18 | Book of authorities, (supplémentaire), Completed on: 2002-04-18 | L'Association des avocats de la défense de Montréal (A.A.D.M.) |
| 2002-04-16 | Response to motion to extend time, (fax copy), Completed on: 2002-04-16 | David Scott Hall |
| 2002-04-16 | Motion to extend time, to file the factum and authorities to April 10, 2002, Completed on: 2002-04-16 | Attorney General of Canada |
| 2002-04-16 | Book of authorities, (joint and suppl. authorities)(joint with appellants), Completed on: 2002-04-16 | David Scott Hall |
| 2002-04-11 | Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO C.L.A. & A.A.D.M. BY LEBEL J.) | |
| 2002-04-10 | Notice of appearance | L'Association des avocats de la défense de Montréal (A.A.D.M.) |
| 2002-04-10 | Book of authorities, Completed on: 2002-04-10 | Attorney General of Canada |
| 2002-04-10 | Intervener's factum, (extension of time requested), Completed on: 2002-04-10 | Attorney General of Canada |
| 2002-04-08 | Book of authorities, Completed on: 2002-04-08 | Attorney General of Québec |
| 2002-04-08 | Intervener's factum, Completed on: 2002-04-08 | Attorney General of Québec |
| 2002-04-02 | Intervener's factum, Completed on: 2002-04-02 | Criminal Lawyers' Association (Ontario) |
| 2002-04-02 | Intervener's factum, Completed on: 2002-04-02 | L'Association des avocats de la défense de Montréal (A.A.D.M.) |
| 2002-04-02 | Book of authorities, Completed on: 2002-04-02 | L'Association des avocats de la défense de Montréal (A.A.D.M.) |
| 2002-04-02 | Book of authorities, (Vol. I & II), Completed on: 2002-04-02 | Criminal Lawyers' Association (Ontario) |
| 2002-03-12 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum and book of authorities to March 12, 2002. Granted |
|
| 2002-03-12 | Submission of motion to extend time, Reg | |
| 2002-03-11 | Respondent's book of authorities, Vol. I & II, Completed on: 2002-03-11 | Her Majesty the Queen |
| 2002-03-11 | Response to motion to extend time, from J. Norris, Completed on: 2002-03-11 | David Scott Hall |
| 2002-03-11 | Motion to extend time, to serve and file the Factum and Book of Authorities to March 12/02, Completed on: 2002-03-11 | Her Majesty the Queen |
| 2002-03-08 | Respondent's factum, (extension of time requested), Completed on: 2002-03-08 | Her Majesty the Queen |
| 2002-03-08 |
Appeal hearing scheduled, 2002-04-23 Judgment reserved |
|
| 2002-02-08 | Appeal perfected for hearing, Session beginning on 2002-04-15 | |
| 2002-01-30 | Correspondence received from, E. Siebenmorgen dated Jan. 30, 2002 (fax copy) re: will file his material by Feb. 28, 2002 | Her Majesty the Queen |
| 2002-01-25 |
Decision on motion to extend time, DeRg, to serve and file the appellant's book of authorities to Jan. 17, 2002. Granted, no order as to costs |
|
| 2002-01-25 | Submission of motion to extend time, DeRg | |
| 2002-01-16 | Motion to extend time, to serve and file the authorities to Jan. 17/02 (3 copies), Completed on: 2002-01-16 | David Scott Hall |
| 2002-01-16 | Appellant's book of authorities, Completed on: 2002-01-16 | David Scott Hall |
| 2001-12-14 | Appellant's factum, (see order), Completed on: 2001-12-14 | David Scott Hall |
| 2001-11-16 |
Decision on motion to extend time, Reg, to serve and file the appellant's record and factum to Dec. 14, 2001. Granted, no order as to costs |
|
| 2001-11-16 | Submission of motion to extend time, Reg | |
| 2001-11-15 | Response to motion to extend time, Completed on: 2001-11-15 | Her Majesty the Queen |
| 2001-11-15 | Motion to extend time, to file the record and factum to Dec. 14, 2001 - 2 copies, Incomplete | David Scott Hall |
| 2001-11-09 | Appellant's record, (served on Nov. 15, 2001), Completed on: 2001-11-16 | David Scott Hall |
| 2001-11-02 | Correspondence received from, J. Norris dated Nov. 2, 2001 (fax copy) re: will file a motion for late filing of factum and record for Dec. 14, 2001 | David Scott Hall |
| 2001-10-09 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2001-09-19 | Order on motion for leave to intervene, (by the Court) | |
| 2001-09-19 |
Decision on the motion for leave to intervene, BY ORDER DATED APR. 11 - 15 MINUTES GRANTED FOR ORAL ARGUMENT, LeB, and extension of time by the CRIMINAL LAWYERS' ASSOCIATION. 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. 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 |
|
| 2001-09-17 | Submission of motion for leave to intervene, LeB | |
| 2001-09-13 | Response to the motion for leave to intervene, included at Tab 3 of motion book, Completed on: 2001-09-13 | Her Majesty the Queen |
| 2001-09-13 | Response to the motion for leave to intervene, included at Tab 3 of motion book, Completed on: 2001-09-13 | David Scott Hall |
| 2001-09-13 | Motion for leave to intervene, joint with motion to extend time (book form), Completed on: 2001-09-13 | Criminal Lawyers' Association (Ontario) |
| 2001-09-07 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2001-09-05 | Notice of constitutional question(s), (amended Notice served by fax on all parties and all A.G. and filed Sept. 6/01) | David Scott Hall |
| 2001-09-05 | Order on motion to state a constitutional question | |
| 2001-08-23 |
Decision on the motion to state a constitutional question, CJ, by the appellant. 1. Does s. 515(10)(c) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 11(e) of the Canadian Charter of Rights and Freedoms? 2. If Question 1 is answered affirmatively, is the infringement demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? The notices of intervention are to be filed on or before Oct. 8, 2001. Granted, no order as to costs |
|
| 2001-07-23 | Correspondence received from, J. Norris dated July 23, 2001 (fax copy) re: date of filing the appellant's factum and record | David Scott Hall |
| 2001-06-27 | Order on motion for leave to intervene, (by the Court) | |
| 2001-06-27 |
Decision on the motion for leave to intervene, BY ORDER DATED APR. 11 - 15 MINUTES GRANTED FOR ORAL ARGUMENT, LeB, The motion for leave to intervene of the applicant ASSOCIATION DES AVOCATS DE LA DÉFENSE DE MONTRÉAL is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages, within four weeks after the date of service of the respondent's factum. 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.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 |
|
| 2001-06-27 | Submission of motion for leave to intervene, LeB | |
| 2001-06-27 | Submission of motion to state a constitutional question, CJ | |
| 2001-06-18 | Response to the motion to state a constitutional question, (Letter Form), from E. Siebenmorgen dated June 15, 2001 (fax copy), Completed on: 2001-06-18 | Her Majesty the Queen |
| 2001-06-15 | Correspondence received from, R. Gaudreau en date du 13 juin 2001 re: agira comme correspondant | L'Association des avocats de la défense de Montréal (A.A.D.M.) |
| 2001-06-14 | Response to the motion for leave to intervene, (Letter Form), from E. Siebenmorgen dated June 14, 2001 (fax copy), Completed on: 2001-06-14 | Her Majesty the Queen |
| 2001-06-13 | Response to the motion for leave to intervene, (Letter Form), from J. Norris dated June 13, 2001 (fax copy), Completed on: 2001-06-13 | David Scott Hall |
| 2001-06-13 | Motion for leave to intervene, (requêtes diverses - 30 pages, 6 semaines après le dépôt des factums, 20 minutes de plaidoirie) - 3 copies, Completed on: 2001-06-13 | L'Association des avocats de la défense de Montréal (A.A.D.M.) |
| 2001-06-08 | Motion to state a constitutional question, Incomplete | David Scott Hall |
| 2001-04-17 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-12 | Notice of appeal, (2 copies), Completed on: 2001-04-12 | David Scott Hall |
| 2001-03-16 | Notice of deposit of judgment issued to all parties | |
| 2001-03-15 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-02-05 | All materials on application for leave submitted to the Judges, G Ma Bi | |
| 2000-12-07 | Applicant's reply to respondent's argument, Completed on: 2000-12-07 | David Scott Hall |
| 2000-11-29 | Respondent's response on the application for leave to appeal, Completed on: 2000-11-29 | Her Majesty the Queen |
| 2000-11-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-10-31 | Application for leave to appeal, Completed on: 2000-10-31 | David Scott Hall |
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 |
|---|---|---|
| Scott Hall, David | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| L'Association des avocats de la défense de Montréal (A.A.D.M.) | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
Counsel
Party: Scott Hall, David
Counsel
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: john@ruby-edwardh.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4595
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: L'Association des avocats de la défense de Montréal (A.A.D.M.)
Counsel
Martin Vauclair
503 - 480, boul. Saint-Laurent
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Attorney General of Canada
Counsel
Peter DeFreitas
Exchange Tower - P.O. Box 36
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9042
FAX: (416) 973-8253
Email: robert.hubbard@jus.gov.on.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
2110 - 120 Adelaide St. W.
Toronto, Ontario
M5H 1T1
Telephone: (416) 363-7315
FAX: (416) 363-7697
Email: louis.strezos2on@on.aibn.com
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 of Québec
Counsel
Juli Drolet
1200, route de l'Église
9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Email: jblais@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
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
Ontario Superior Court of Justice
5853/99
Application for release pending trial dismissed
Court of Appeal for Ontario
C33149
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
Not available