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.
28862
S.A.B. v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-12-02 | Appeal closed | |
| 2003-11-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-10-31 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 9903-0124-A, dated September 21, 2001, heard on March 19, 2003 is dismissed. The constitutional questions are answered as follows: Do ss. 487.05 to 487.09 of the Criminal Code, R.S.C. 1985, c. C-46 (as they read in January 1997) infringe s. 7 or s. 8 of the Canadian Charter of Rights and Freedoms? No. If question 1 is answered in the affirmative, is the infringement a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under s. 1 of the Charter? It is not necessary to answer this question Dismissed |
|
| 2003-04-03 | Transcript received, 78 pages | |
| 2003-03-19 | Judgment reserved OR rendered with reasons to follow | |
| 2003-03-19 |
Hearing of the appeal, 2003-03-19, (V039), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-03-19 | Acknowledgement and consent for video taping of proceedings | |
| 2003-03-10 | Notice of appearance | S.A.B. |
| 2003-02-28 | Notice of appearance | Attorney General of Canada |
| 2003-02-20 | Notice of appearance | Attorney General for Ontario |
| 2003-02-17 | Notice of withdrawal, (service received on Feb. 17, 2003) | Attorney General for Saskatchewan |
| 2002-12-23 |
Appeal hearing scheduled, 2003-03-19 Judgment reserved |
|
| 2002-12-13 | Order on motion to extend time | |
| 2002-12-13 |
Decision on motion to extend time, Reg, to serve and file the book of authorities of the intervener Attorney General of Ontario to November 29, 2002. Granted |
|
| 2002-12-13 | Submission of motion to extend time, Reg | |
| 2002-12-05 | Book of authorities, Completed on: 2002-12-05 | Attorney General of Québec |
| 2002-12-05 | Intervener's factum, Completed on: 2002-12-05 | Attorney General of Québec |
| 2002-12-04 | Motion to extend time, to file Authorities to / pour déposer les sources au 11-29-02, Completed on: 2002-12-04 | Attorney General for Ontario |
| 2002-11-29 | Book of authorities, (13 copies), Completed on: 2002-11-29 | Attorney General of Canada |
| 2002-11-29 | Intervener's factum, (see Order - voir ordonnance), Completed on: 2002-11-29 | Attorney General of Canada |
| 2002-11-29 | Book of authorities, Vol. I & II, Completed on: 2002-12-04 | Attorney General for Ontario |
| 2002-11-14 | Order on motion to extend time | |
| 2002-11-14 |
Decision on motion to extend time, Reg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et déposé le mémoire et le cahier d'autorités de l'intervenant Procureur général du Québec au 5 décembre 2002. Granted |
|
| 2002-11-14 | Submission of motion to extend time, Reg | |
| 2002-11-08 | Correspondence received from, L.G. Anderson dated Nov. 6/02 re: enclosing service of the pages left out of the Apellant's Record and Authorities that were inserted on Nov. 8/02 | S.A.B. |
| 2002-11-07 | Order on motion to extend time | |
| 2002-11-07 |
Decision on motion to extend time, Reg, to serve and file the factum of the intervener Attorney General of Canada to November 29, 2002. Granted |
|
| 2002-11-07 | Submission of motion to extend time, Reg | |
| 2002-11-06 | Intervener's factum, Completed on: 2002-11-06 | Attorney General for Ontario |
| 2002-11-05 | Book of authorities, Completed on: 2002-11-05 | Attorney General of New Brunswick |
| 2002-11-05 | Intervener's factum, Completed on: 2002-11-05 | Attorney General of New Brunswick |
| 2002-11-01 | Motion to extend time, to serve and file the factum to Dec. 5, Completed on: 2002-11-01 | Attorney General of Québec |
| 2002-11-01 | Response to motion to extend time, Completed on: 2002-11-01 | Her Majesty the Queen |
| 2002-11-01 | Response to motion to extend time, Completed on: 2002-11-01 | S.A.B. |
| 2002-11-01 | Motion to extend time, to file the factum to Nov. 29, Completed on: 2002-11-01 | Attorney General of Canada |
| 2002-10-18 | Notice of withdrawal | Attorney General of British Columbia |
| 2002-10-10 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-10-09 | Respondent's factum, Completed on: 2002-10-09 | Her Majesty the Queen |
| 2002-10-09 | Respondent's book of authorities, Completed on: 2002-10-09 | Her Majesty the Queen |
| 2002-10-09 | Respondent's record, Completed on: 2002-10-09 | Her Majesty the Queen |
| 2002-09-09 | Correspondence received, J. Norris dated Sept. 9/02 (by fax) re: Criminal Lawyers' Association (Ontario) will seek leave to intervene by Sept. 23/02 | |
| 2002-09-03 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2002-08-29 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2002-08-28 | Notice of intervention respecting a constitutional question, (service missing) | Attorney General of New Brunswick |
| 2002-08-20 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2002-08-16 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2002-08-15 | Appellant's book of authorities, (2 pages missing inserted Nov. 8/02 with service), Completed on: 2002-08-15 | S.A.B. |
| 2002-08-15 | Appellant's record, (2 pages missing inserted Nov. 8/02 with service), Completed on: 2002-08-15 | S.A.B. |
| 2002-08-15 | Appellant's factum, 25 copies (see decision of Aug. 15/02), Completed on: 2002-08-15 | S.A.B. |
| 2002-08-15 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to August 16, 2002. Granted |
|
| 2002-08-15 | Submission of motion to extend time, Reg | |
| 2002-08-13 | Response to motion to extend time, from H.S. Brown, Q.C., Completed on: 2002-08-13 | Her Majesty the Queen |
| 2002-08-09 | Motion to extend time, to serve and file the Factum, Record and Authorities to Aug. 16/02, Completed on: 2002-08-09 | S.A.B. |
| 2002-07-31 | Notice of intervention respecting a constitutional question, (see decision of July 9/02) | Attorney General for Ontario |
| 2002-07-22 | Notice of constitutional question(s) | S.A.B. |
| 2002-07-22 | Order on motion to state a constitutional question | |
| 2002-07-09 |
Decision on the motion to state a constitutional question, CJ, 1. Do sections 487.05 to 487.09 of the Criminal Code, R.S.C. 1985, c. C-46 (as they read in January 1997) infringe sections 7 or 8 of the Canadian Charter of Rights and Freedoms? 2. If question 1 is answered in the affirmative, is the infringement a reasonable limit prescribed by law which can be demonstrably justified in a free and democratic society under section 1 of the Charter? Notices of intervention are to be filed on or before September 3, 2002. Granted |
|
| 2002-03-20 | Submission of motion to state a constitutional question, CJ | |
| 2002-03-15 | Notice of deposit of judgment issued to all parties | |
| 2002-03-14 |
Decision on motion to extend time, The application for an extension of time and the application for leave to appeal are granted. Granted |
|
| 2002-03-14 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal are granted. Granted |
|
| 2002-02-11 |
Decision on the miscellaneous motion, Reg, for an order accepting the application for leave to appeal as filed printed on the right hand side. Granted |
|
| 2002-02-11 | Submission of miscellaneous motion, Reg | |
| 2002-02-04 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-02-04 | Submission of motion to extend time to file and/ or serve the leave application, CJ Ia Arb | |
| 2002-01-28 | Notice of miscellaneous motion, (to accept the application for leave to appeal as is - printed on right side) - book form, Completed on: 2002-01-28 | S.A.B. |
| 2002-01-28 | Correspondence received, from J. Norris (counsel in 28996) dated Jan. 25, 2002 (fax copy) re: related issues with 28996 | |
| 2002-01-23 | Correspondence received from, Jula Hughes (by fax) dated Jan. 18/02 re will be late for filing appellant's factum | S.A.B. |
| 2002-01-22 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2002-01-02 | Respondent's response on the application for leave to appeal, Completed on: 2002-01-02 | S.A.B. |
| 2001-12-21 | Response to the motion to state a constitutional question, 2 copies, Completed on: 2001-12-21 | Her Majesty the Queen |
| 2001-12-19 | Motion to extend the time to file and or serve the application for leave to appeal, Included in application for leave, Completed on: 2001-12-19 | S.A.B. |
| 2001-12-19 | Application for leave to appeal, (extension of time included in application), Pages printed on right side., Completed on: 2002-02-05 | S.A.B. |
| 2001-12-18 | Motion to state a constitutional question, book form, Completed on: 2001-12-18 | S.A.B. |
| 2001-11-05 | Correspondence received from, A. Schlayer dated Oct. 29, 2001 re: acknowledge receipt of the amended notice of appeal | Her Majesty the Queen |
| 2001-11-05 | Correspondence received from, L. Anderson dated Nov. 1, 2001 re: the Trial Judge did make a ban on the publication of anything that would tend to identify the complainant | S.A.B. |
| 2001-11-02 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date | |
| 2001-10-19 | Notice of appeal, fax copy (original received Oct. 22, 2001)(enclosing reasons for judgment)(amended notice of appeal filed on Nov. 5, 2001), Completed on: 2001-11-06 | S.A.B. |
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 |
|---|---|---|
| S.A.B. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
Counsel
Party: S.A.B.
Counsel
Laura K. Stevens
#300 Anderson Dawson Building
9924 - 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Agent
30 Metcalfe Street
Suite 500
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Party: Her Majesty the Queen
Counsel
9833 - 109th St
3rd Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: arnold.schlayer@gov.ab.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
Michal Fairburn
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4654
FAX: (416) 326-4656
Email: Janet.Gallin@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Canada
Counsel
Moiz Rahman
130 King Street West, Suite 3400
Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9201
FAX: (416) 973-3004
Email: roslyn.levine@justice.gc.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: Attorney General of Québec
Counsel
1200, Route de l'Église
9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Email: jmarceau@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
Party: Attorney General of New Brunswick
Counsel
Pierre Gionet
233 Regent Street
Miramichi, New Brunswick
E1V 2M9
Telephone: (506) 627-4015
FAX: (506) 627-4535
Email: jack.walsh@gnb.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
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 Alberta
9703 2661 C1
Application for declaration ss.487.04-487.09 of the Criminal Code inconsistent with the Charter dismissed, Conviction of sexual assault
Court of Appeal of Alberta (Calgary)
9903-0124-A
Appeal against the conviction 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