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.
29095
Pertti Tulikorpi v. The Administrator of the Penetanguishene Mental Health Centre, et al.
(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) |
|---|---|---|
| 2004-12-15 | Appeal closed | |
| 2004-12-14 | Correspondence received, J. Curren of Ontario Review Board dated Dec. 9, 2004 re: information pursuant to par. 81 of the S.C.'s decision | |
| 2004-05-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-03-26 |
Written reasons rendered after oral judgment, (JUDGMENT RENDERED NOVEMBER 7, 2003), CJ Ia Ma Ba Bi Arb LeB De F, On this day, reasons were delivered and the judgment delivered on November 7, 2003 was restated as follows: The appeal from the judgment of the Court of Appeal for Ontario, Number C34987, dated May 31, 2001, heard on November 5, 2003 is allowed. The judgment of the Court of Appeal is set aside and an expedited hearing before the Ontario Review Board in accordance with the general principles set out in the reasons for judgment is ordered. The order setting aside the judgment of the Court of Appeal is stayed pending the Board's decision on the expedited hearing. The constitutional questions are answered as follows: 1. Does s. 672.54(c) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? Answer: No. 2. If so, is the infringement a reasonable limit, prescribed by law, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is unnecessary to decide this question. Allowed |
|
| 2003-11-24 | Transcript received, (49 pages) joint with 29254 | |
| 2003-11-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-11-07 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C34987, dated May 31, 2001, was heard on November 5, 2003 and the Court on November 7, 2003 delivered the following judgment: The appeal from the judgment of the Court of Appeal for Ontario, Number C34987, dated May 31, 2001, heard on November 5, 2003 is allowed, REASONS TO FOLLOW. The judgment of the Court of Appeal is set aside and an expedited hearing before the Ontario Review Board in accordance with the reasons which will shortly follow is ordered. The order setting aside the judgment of the Court of Appeal is stayed pending the Board's decision on the expedited hearing. Allowed |
|
| 2003-11-05 | Judgment reserved OR rendered with reasons to follow | |
| 2003-11-05 |
Hearing of the appeal, 2003-11-05, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2003-11-05 | Acknowledgement and consent for video taping of proceedings, consent of all parties rec'd Nov. 5/03 | |
| 2003-11-05 | Appellant's condensed book, from Marlys Edwardh - rec'd in Court Nov. 5/03 | Pertti Tulikorpi |
| 2003-11-04 | Respondent's condensed book, from Leslie McIntosh | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-11-04 | Notice of appearance, from Maureen D. Forestell (joint with 29254) | Ontario Review Board and the Nunavut Review Board |
| 2003-10-30 | Order on motion to adduce new evidence, (BY DESCHAMPS J.) | |
| 2003-10-30 |
Decision on motion to adduce new evidence, De, The respondents shall produce and file with the Court the Report entitled "Assessment, Treatment and Community Reintegration of the Mentally Disordered Offenders", prepared by the Forensic Mental Health Services Expert Advisory Panel for the Ontario Ministry of Health and Long-Term Care. Granted |
|
| 2003-10-30 | Submission of motion to adduce new evidence, De | |
| 2003-10-30 | Notice of appearance, from Sonal Gandhi advising that Ms. Diana Schell will be attending hearing | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-10-27 | Correspondence received from, from Sonal Gandhi re: does parties have to be interveners in the file of Pinet | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-10-24 | Response to the motion to adduce new evidence, (Letter Form), from L. McIntosh (by fax), Completed on: 2003-10-24 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-10-23 | Notice of appearance, from Sonal Gandhi | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-10-22 | Correspondence received from, L. McIntosh re: motion to adduce new evidence (by fax) | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-10-22 | Notice of appearance, from R. Frater (Joint with 29254) | Attorney General of Canada |
| 2003-10-17 | Correspondence received from, from Riun Shandler re: time table for oral argument (joint with 29254) | The Attorney General for Ontario |
| 2003-10-16 | Notice of appearance, from J. Copeland | Pertti Tulikorpi |
| 2003-10-16 |
Order by, LeB, UPON APPLICATIONS by the Ontario Review Board and the Nunavut Review Board and the Mental Health Legal committee and the Mental Health Legal Advocacy Coalition for leave to intervene in the above appeals and pursuant to the orders of September 23 and October 2, 2003; AND HAVING READ the material filed; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2003-10-15 | Intervener's factum, (Joint with 29254), Completed on: 2003-10-15 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-10-15 | Book of authorities, (Joint with 29254), Completed on: 2003-10-15 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-10-15 | Book of authorities, Legislation re: Joint with 29254, Completed on: 2003-10-15 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-10-15 | Book of authorities, (Joint with 29254), Completed on: 2003-10-15 | Attorney General of Canada |
| 2003-10-15 | Intervener's factum, (Joint with 29254), Completed on: 2003-10-15 | Attorney General of Canada |
| 2003-10-09 | Motion to adduce new evidence, (book form), Completed on: 2003-10-09 | Pertti Tulikorpi |
| 2003-10-08 | Supplemental document, Legislation (24 copies) | Ontario Review Board and the Nunavut Review Board |
| 2003-10-08 | Book of authorities, (joint with 29254), Completed on: 2003-10-08 | Ontario Review Board and the Nunavut Review Board |
| 2003-10-08 | Intervener's factum, (joint with 292540), Completed on: 2003-10-08 | Ontario Review Board and the Nunavut Review Board |
| 2003-10-02 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2003-10-02 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicants, Mental Health Legal Committee and the Mental Health Legal Advocacy Coalition, are granted and the applicants shall be entitled to serve and file a single factum not to exceed 20 pages in length for both appeals on or before October 15, 2003. 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 interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59 (1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. IT IS FURTHER HEREBY ORDERED THAT: The request of the respondents, the Administrator of the Penetanguishene Mental Health Centre and the Administrator of the Whitby Mental Health Centre, for a one week extension to serve and file their factum as per Arbour J.'s order dated June 18, 2003, is denied. Granted |
|
| 2003-10-02 | Submission of motion for leave to intervene, LeB | |
| 2003-10-02 | Appeal perfected for hearing | |
| 2003-10-01 | Respondent's book of authorities, Joint with 29254 (Vol. I to III), Completed on: 2003-10-02 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-09-30 | Respondent's factum, Completed on: 2003-09-30 | The Attorney General for Ontario |
| 2003-09-30 | Respondent's factum, Completed on: 2003-09-30 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-09-24 | Response to the motion for leave to intervene, Completed on: 2003-09-24 | Pertti Tulikorpi |
| 2003-09-23 | Response to the motion for leave to intervene, (Letter Form), from L. McIntosh dated Sept. 23, 2003 (fax copy)(joint with 29254)(conditional) re: intervention by Mental Health, Completed on: 2003-09-23 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-09-23 | Order on motion for leave to intervene, (BY LEBEL) | |
| 2003-09-23 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicants, the Ontario Review Board and the Nunavut Review Board, is granted and the applicants shall be entitled to serve and file a single factum not to exceed 20 pages in length for both appeals on or before October 8, 2003. 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 interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59 (1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the interventions. Granted |
|
| 2003-09-23 | Submission of motion for leave to intervene, LeB | |
| 2003-09-17 | Response to the motion for leave to intervene, (Letter Form), from J. Copeland dated Sept. 17, 2003 (fax copy) re: intervention by Mental Health, Completed on: 2003-09-17 | Pertti Tulikorpi |
| 2003-09-16 | Motion for leave to intervene, (joint with 29254)(book form), Completed on: 2003-09-16 | Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") |
| 2003-09-16 | Response to the motion for leave to intervene, Completed on: 2003-09-16 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-09-16 | Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated Sept. 16, 2003 (via e-mail), Completed on: 2003-09-16 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-09-15 | Respondent's record, (Vol. 1 to 3 - Joint with 29254)(14 copies of vol. 3 received on Oct. 31, 2003 - see order dated Oct. 30, 2003 - sent to the judges Oct. 31/03) Certificate of Counsel rec'd Oct. 30/03, Completed on: 2003-09-15 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-09-11 | Response to the motion for leave to intervene, (Letter Form), letter from Riun Shandler dated 09/11/03 (joint with 29254), Completed on: 2003-09-11 | The Attorney General for Ontario |
| 2003-09-05 | Response to the motion for leave to intervene, (fax copy), Completed on: 2003-09-05 | Pertti Tulikorpi |
| 2003-09-05 | Motion for leave to intervene, (enclosing factum in support of the motion)(book form), Completed on: 2003-09-05 | Ontario Review Board and the Nunavut Review Board |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-28 |
Appeal hearing scheduled, 2003-11-05, (previously Oct. 8) Judgment reserved |
|
| 2003-08-19 | Appellant's book of authorities, (Vol. I and II) service accepted for Aug. 18/03, Completed on: 2003-09-04 | Pertti Tulikorpi |
| 2003-08-19 | Appellant's factum, Vol. I and II (service accepted for Aug. 18/03), Completed on: 2003-09-09 | Pertti Tulikorpi |
| 2003-07-31 | Order on motion to extend time | |
| 2003-07-31 |
Decision on motion to extend time, Reg, to serve and file the factum of the intervener A.G. - Canada to October 15, 2003. Granted |
|
| 2003-07-31 | Submission of motion to extend time, Reg | |
| 2003-07-29 | Response to motion to extend time, Completed on: 2003-07-29 | Pertti Tulikorpi |
| 2003-07-29 | Motion to extend time, to file the factum to Oct. 15, 2003 (joint with 29254), Completed on: 2003-07-29 | Attorney General of Canada |
| 2003-07-25 | Supplemental document, Appellant's Supplementary Record | Pertti Tulikorpi |
| 2003-06-18 | Order on motion to adduce new evidence, (BY ARBOUR J.) | |
| 2003-06-18 |
Decision on motion to adduce new evidence, Arb, (see long judgment) Granted |
|
| 2003-06-17 | Submission of motion to adduce new evidence, Arb | |
| 2003-06-10 | Appellant's record, Completed on: 2003-06-10 | Pertti Tulikorpi |
| 2003-06-05 | Reply to motion to adduce new evidence, Completed on: 2003-06-05 | Pertti Tulikorpi |
| 2003-05-30 | Response to the motion to adduce new evidence, Completed on: 2003-05-30 | The Attorney General for Ontario |
| 2003-05-30 | Correspondence received from, Jill Copeland dated 05/30/03 re: counsel have agreed to a schedule on fresh evidence (joint with 29254) | Pertti Tulikorpi |
| 2003-05-28 | Correspondence received from, Karen L. Collins dated 05/28/03 re: will file a response to new evidence by 06/05/03 | The Attorney General for Ontario |
| 2003-05-23 | Response to the motion to adduce new evidence, book form - 3 copies, Completed on: 2003-05-23 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-05-20 | Supplemental document, appellant's memorandum on motion to adduce new evidence (bookform) | Pertti Tulikorpi |
| 2003-05-20 | Motion to adduce new evidence, (bookform), Completed on: 2003-05-20 | Pertti Tulikorpi |
| 2003-04-15 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2003-04-10 | Correspondence received from, Sonal Gandhi dated 04/09/03 re scheduling of the appeal | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-03-28 | Correspondence received from, A. Hrybinsky (by fax) re: has been assigned counsel for the A.G. of Ontario | The Attorney General for Ontario |
| 2003-03-27 | Correspondence received from, D. Doucette dated March 27, 2003 re: requesting that the appeal be rescheduled for October 22, 2003 or some later date | Pertti Tulikorpi |
| 2003-03-26 | Notice of constitutional question(s), (intervention by APRIL 24, 2003) | Pertti Tulikorpi |
| 2003-03-19 | Correspondence received from, D. Doucette dated March 18, 2003 (fax copy) re: identical with 29254 (Pinet) | Pertti Tulikorpi |
| 2003-03-18 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2003-03-18 |
Decision on the motion to state a constitutional question, CJ, 1. Does s. 672.54(c) 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 a reasonable limit, prescribed by law, as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2003-02-28 | Submission of motion to state a constitutional question, CJ | |
| 2003-02-18 | Reply to the motion to state a constitutional question, (book form), Completed on: 2003-02-18 | Pertti Tulikorpi |
| 2003-02-12 | Response to the motion to state a constitutional question, (book form), Completed on: 2003-02-12 | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-02-11 | Response to the motion to state a constitutional question, Completed on: 2003-02-11 | The Attorney General for Ontario |
| 2003-01-28 | Correspondence received from, Ms. Sonal Gandhi dated 01/28/03 re: seeks direction on motion to state constitutional questions (joint with copy of letter to Mr. Doucette) | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-01-27 | Correspondence received from, Delmar Doucette dated 01/27/03 re: motion to state constitutional questions (by fax - original rec'd Feb. 10/03) | Pertti Tulikorpi |
| 2003-01-17 | Correspondence received from, Beverly A. Brown dated 01/16/03 re: do not consent to motion to state constitutional questions | The Attorney General for Ontario |
| 2003-01-17 | Correspondence received from, Ms. Sonal Gandhi dated 01/17/03 re: do not consent to motion to state constitutional Questions | The Administrator of the Penetanguishene Mental Health Centre |
| 2003-01-14 | Order on motion to extend time | |
| 2003-01-14 | Motion to state a constitutional question, receipt / reçu no. 37669, Completed on: 2003-01-14 | Pertti Tulikorpi |
| 2003-01-13 |
Decision on motion to extend time, G, Motion granted. Be it ordered that the time to file a notice of appeal is extended to December 23rd, 2002 and the time to file a notice of motion to state a constitutional question is extended to January 15th, 2003. Granted |
|
| 2003-01-10 | Submission of motion to extend time, G | |
| 2003-01-10 | Response to motion to extend time, from/de Burke-Robertson (e-mail), Completed on: 2003-01-10 | The Attorney General for Ontario |
| 2002-12-23 | Motion to extend time, to file the notice of appeal to Dec. 23, 2002 and the notice to state const. questions to Jan. 15, 2003/pour produire l'avis d'appel au 23-12-02 et l'avis des questions constitutionnelles au 15-01-03, Completed on: 2003-01-10 | Pertti Tulikorpi |
| 2002-12-23 | Notice of appeal, Completed on: 2002-12-23 | Pertti Tulikorpi |
| 2002-11-18 | Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (June 6/03) | |
| 2002-11-15 | Correspondence received from, D. Doucette dated Nov. 15, 2002 (fax copy) re: if funding is granted, will file an extension of time to file the notice of appeal and a motion to state const. questions | Pertti Tulikorpi |
| 2002-11-12 | Correspondence received from, D. Doucette dated Nov. 11/02 re: will file Notice of Appeal once funding is granted from Legal Aid Ontario | Pertti Tulikorpi |
| 2002-10-18 | Judgment on leave sent to the parties | |
| 2002-10-17 |
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 from the judgment of the Court of Appeal for Ontario, Number C34987, dated May 31, 2001, are granted. Granted |
|
| 2002-10-17 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2002-08-06 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-08-06 | Submission of motion to extend time to file and/ or serve the leave application, CJ Ia Arb | |
| 2002-04-10 | Applicant's reply to respondent's argument, Completed on: 2002-04-10 | Pertti Tulikorpi |
| 2002-04-02 | Respondent's response on the application for leave to appeal, Completed on: 2002-04-02 | The Attorney General for Ontario |
| 2002-03-28 | Book of authorities, Completed on: 2002-03-28 | The Administrator of the Penetanguishene Mental Health Centre |
| 2002-03-28 | Respondent's response on the application for leave to appeal, Completed on: 2002-03-28 | The Administrator of the Penetanguishene Mental Health Centre |
| 2002-03-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-02-26 | Motion to extend the time to file and or serve the application for leave to appeal, (included in application for leave), Completed on: 2002-03-22 | Pertti Tulikorpi |
| 2002-02-26 | Application for leave to appeal, Completed on: 2002-03-22 | Pertti Tulikorpi |
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 |
|---|---|---|
| Tulikorpi, Pertti | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Administrator of the Penetanguishene Mental Health Centre | Respondent | Active |
| The Administrator of the Whitby Mental Health Centre | Respondent | Active |
| The Attorney General for Ontario | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Ontario Review Board and the Nunavut Review Board | Intervener | Active |
| Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition") | Intervener | Active |
Counsel
Party: Tulikorpi, Pertti
Counsel
Names
Marlys A. Edwardh
Delmar Doucette
Jill Copeland
Delmar Doucette
Jill Copeland
Contact information
Ruby & Edwardh
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: The Administrator of the Penetanguishene Mental Health Centre
Counsel
Names
Leslie McIntosh
Sonal Gandhi
Diana Schell
Sonal Gandhi
Diana Schell
Contact information
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4148
FAX: (416) 326-4181
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4148
FAX: (416) 326-4181
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: The Administrator of the Whitby Mental Health Centre
Counsel
Names
Leslie McIntosh
Sonal Gandhi
Sonal Gandhi
Contact information
Attorney General of Ontario
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4148
FAX: (416) 326-4181
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4148
FAX: (416) 326-4181
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: The Attorney General for Ontario
Counsel
Names
Alexander V. Hrybinsky
Christine Bartlett-Hughes
Melissa Ragsdale
Christine Bartlett-Hughes
Melissa Ragsdale
Contact information
Attorney General of Ontario
Crown Law Office Criminal
10th Flr., 720 Bay Street
Toronto, Ontario
M5H 2K1
Telephone: (416) 326-2356
FAX: (416) 326-4656
Email: alex.hrybinsky@jus.gov.on.ca
Crown Law Office Criminal
10th Flr., 720 Bay Street
Toronto, Ontario
M5H 2K1
Telephone: (416) 326-2356
FAX: (416) 326-4656
Email: alex.hrybinsky@jus.gov.on.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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
Names
James W. Leising
Michael H. Morris
Michael H. Morris
Contact information
Attorney General of Canada
3400 First Canadian Place
PO Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3747
FAX: (416) 973-8253
3400 First Canadian Place
PO Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3747
FAX: (416) 973-8253
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Ontario Review Board and the Nunavut Review Board
Counsel
Names
Maureen D. Forestell
Sharan K. Basran
Sharan K. Basran
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
474 Bathurst Street, Suite 300
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
474 Bathurst Street, Suite 300
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
Counsel
Names
Anita Szigeti
Daniel J. Brodsky
Michael Davies
Daniel J. Brodsky
Michael Davies
Contact information
Hiltz Szigeti
94 Cumberland Street
Suite 906
Toronto, Ontario
M5R 1A3
Telephone: (416) 968-6575
FAX: (416) 968-3424
94 Cumberland Street
Suite 906
Toronto, Ontario
M5R 1A3
Telephone: (416) 968-6575
FAX: (416) 968-3424
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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
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
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
August 25, 2000
Ontario Review Board
1300-Jul 13, 2000
Ontario Review Board
1300-Jul 13, 2000
Appellant transferred from maximum security facility to medium security facility
May 31, 2001
Court of Appeal for Ontario
C34987
Court of Appeal for Ontario
C34987
Appeal allowed; rehearing ordered
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
Related links
Date modified: 2025-05-13