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29254

Michael Roger Pinet v. The Administrator of St. Thomas Psychiatric Hospital, et al.

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2004-05-26 Appeal closed
2004-05-25 Correspondence received, D. Carruthers dated May 25, 2004 (fax copy) re: acknowledge receipt of A. Roland's letter dated May 13, 2004
2004-05-13 Correspondence (sent by the Court) to, the parties and D. Carruthers of Ontario Review Board from A. Roland re: para. 13 of the reasons for judgment has been amended
2004-05-05 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-04-14 Correspondence received from, Gowlings dated April 14, 2004 re: no objection to a correction to the reasons for judgment Michael Roger Pinet
2004-03-26 Written reasons rendered after oral judgment, CJ Ia Ma Ba Bi Arb LeB De F, (JUDGMENT RENDERED NOVEMBER 7, 2003)
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 C35777, dated February 22, 2002, 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 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
2004-03-26 Correspondence received, D. Carruthers from Ontario Review Board dated March 26, 2004 (fax copy) re: par. 13 of the decision of the Supreme Court
2003-11-24 Transcript received, (49 pages) joint with 29095
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 C35777, dated February 22, 2002, 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 Respondent's condensed book, rec'd in Court The Administrator of St. Thomas Psychiatric Hospital
2003-11-05 Appellant's condensed book, Rec'd in Court Michael Roger Pinet
2003-11-05 Acknowledgement and consent for video taping of proceedings, Consent of all parties
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
2003-11-04 Notice of appearance, from Maureen D.Foresteel (Joint with 29095) 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
2003-10-24 Response to the motion to adduce new evidence, (Letter Form), from R. Shandler (by fax) (sent to the judges Oct. 31/03), Completed on: 2003-10-24 Attorney General for Ontario
2003-10-24 Notice of appearance, from Lang Michener The Administrator of St. Thomas Psychiatric Hospital
2003-10-22 Notice of appearance, from Mr. Frater (Joint with 29095) Attorney General of Canada
2003-10-17 Correspondence received from, from Riun Shandler re: time table for oral argument (Joint with 29095) Attorney General for Ontario
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 Book of authorities, (Joint with 29095), 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 29095, Completed on: 2003-10-15 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2003-10-15 Intervener's factum, (Joint with 29095), 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 29095), Completed on: 2003-10-15 Attorney General of Canada
2003-10-15 Intervener's factum, (Joint with 29095), Completed on: 2003-10-15 Attorney General of Canada
2003-10-14 Motion to adduce new evidence, (document entitled "Assessment, Treatment and Community Reintegration of the Mentally Disordered Offenders") - book form, Completed on: 2003-10-14 Michael Roger Pinet
2003-10-08 Book of authorities, (joint with 29095), Completed on: 2003-10-08 Ontario Review Board and the Nunavut Review Board
2003-10-08 Intervener's factum, (joint with 29095), 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.
Allowed in part
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 29095 (Vol. I to III), Completed on: 2003-10-02 Attorney General for Ontario
2003-09-30 Respondent's book of authorities, Completed on: 2003-09-30 The Administrator of St. Thomas Psychiatric Hospital
2003-09-30 Respondent's factum, Completed on: 2003-09-30 The Administrator of St. Thomas Psychiatric Hospital
2003-09-30 Respondent's factum, Completed on: 2003-09-30 Attorney General for Ontario
2003-09-26 Response to the motion for leave to intervene, (Letter Form), M.-F. Major (by fax), Completed on: 2003-09-26 The Administrator of St. Thomas Psychiatric Hospital
2003-09-25 Correspondence received from, (Letter Form), S.E. Fraser re: interventions (by fax) Michael Roger Pinet
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
2003-09-19 Response to the motion for leave to intervene, Completed on: 2003-09-19 The Administrator of St. Thomas Psychiatric Hospital
2003-09-19 Order on motion to extend time
2003-09-19 Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Aug. 22/03, Reg
Granted
2003-09-18 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated Sept. 18, 2003 (via e-mail), Completed on: 2003-09-18 Attorney General for Ontario
2003-09-18 Response to the motion for leave to intervene, (Letter Form), from S. Fraser dated Sept. 18, 2003 (fax copy), Completed on: 2003-09-18 Michael Roger Pinet
2003-09-18 Submission of motion to extend time, Reg
2003-09-16 Motion for leave to intervene, (joint with 29095)(book form), Completed on: 2003-09-16 Mental Health Legal Committee ("the MHLC") and the Mental Health Legal Advocacy Coalition ("the Coalition")
2003-09-15 Respondent's record, (Vol. 1 to 3 - Joint with 29095)(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 Attorney General for Ontario
2003-09-11 Response to the motion for leave to intervene, (Letter Form), from Riun Shandler dated 09/11/03 (joint with 29095), Completed on: 2003-09-11 Attorney General for Ontario
2003-09-09 Response to motion to extend time, (Letter Form), from Burke-Robertson dated Sept. 9, 2003 (via -email), Completed on: 2003-09-09 Attorney General for Ontario
2003-09-05 Response to the motion for leave to intervene, (fax copy), Completed on: 2003-09-05 Michael Roger Pinet
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
2003-09-05 Motion to extend time, to file the factum, record, authorities to Aug. 22, 2003, Completed on: 2003-09-05 Michael Roger Pinet
2003-08-29 Notice of hearing sent to parties
2003-08-28 Appeal hearing scheduled, 2003-11-05, (previously June 5)
Judgment reserved
2003-08-22 Appellant's factum, (proof of delivery requested - rec'd Oct. 21/03), Completed on: 2003-10-21 Michael Roger Pinet
2003-08-22 Appellant's book of authorities, (Vol I to III), Completed on: 2003-10-21 Michael Roger Pinet
2003-08-22 Appellant's record, Vol. 1 to 6, Completed on: 2003-10-21 Michael Roger Pinet
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 Michael Roger Pinet
2003-07-29 Motion to extend time, to file the factum to Oct. 15, 2003 (joint with 29095), Completed on: 2003-07-29 Attorney General of Canada
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
2003-06-12 Reply to motion to adduce new evidence, (Letter Form), R. Macklin (by fax), Completed on: 2003-06-12 Michael Roger Pinet
2003-05-30 Response to the motion to adduce new evidence, (proof of delivery requested), Completed on: 2003-05-30 Attorney General for Ontario
2003-05-30 Correspondence received, from Jill Copeland (counsel in Tulikorpi) dated 05/30/03 re: counsel have agreed to a schedule on fresh evidence (joint with 29095)
2003-05-30 Response to the motion to adduce new evidence, Completed on: 2003-05-30 The Administrator of St. Thomas Psychiatric Hospital
2003-05-23 Motion to adduce new evidence, (affidavit of Dr. J. Bradford) - book form - (arguments in support of the motion filed on May 26, 2003 - service received on May 28, 2003))(joint with motion for directions), Completed on: 2003-05-23 Michael Roger Pinet
2003-04-15 Notice of intervention respecting a constitutional question Attorney General of Canada
2003-03-24 Notice of constitutional question(s) Michael Roger Pinet
2003-03-19 Correspondence received, from D. Doucette, counsel for the appellant in 29095, dated March 18, 2003 (fax copy) re: identical with 29095 (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
2003-03-17 Reply to the motion to state a constitutional question, Completed on: 2003-03-17 Michael Roger Pinet
2003-03-11 Response to the motion to state a constitutional question, (Letter Form), from R. Shandler dated March 10, 2003, Completed on: 2003-03-11 Attorney General for Ontario
2003-03-10 Response to the motion to state a constitutional question, book form, Completed on: 2003-03-10 The Administrator of St. Thomas Psychiatric Hospital
2003-02-28 Submission of motion to state a constitutional question, CJ
2003-02-28 Motion to extend time, to file the motion to state const. questions (joint), Completed on: 2003-02-28 Michael Roger Pinet
2003-02-28 Motion to state a constitutional question, (extension included), Completed on: 2003-02-28 Michael Roger Pinet
2003-02-21 Notice of appeal, Completed on: 2003-02-21 Michael Roger Pinet
2003-01-24 Judgment on leave sent to the parties
2003-01-23 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 C35777, dated February 22, 2002, are granted.
Granted
2003-01-23 Decision on motion to extend time to file and /or serve the leave application
Granted
2002-11-25 All materials on application for leave submitted to the Judges, CJ Ba De
2002-11-25 Submission of motion to extend time to file and/ or serve the leave application, CJ Ba De
2002-10-08 Correspondence received from, Susan E. Fraser (by fax) dated Oct. 8/02 re: does not intend to file a reply Michael Roger Pinet
2002-08-15 Respondent's response on the application for leave to appeal, Completed on: 2002-08-15 The Administrator of St. Thomas Psychiatric Hospital
2002-08-02 Respondent's response on the application for leave to appeal, Completed on: 2002-08-02 Attorney General for Ontario
2002-07-24 Correspondence received from, Gowlings (e-mail) dated July 24, 2002 re: there is no publicantion ban and that this is a legal aid matter Michael Roger Pinet
2002-07-16 Letter acknowledging receipt of a complete application for leave to appeal
2002-06-21 Response to the motion to extend the time to file and / or serve the leave application, (consent of R. Shandler and J. Blackburn) - included in leave application, Completed on: 2002-06-21 The Administrator of St. Thomas Psychiatric Hospital
2002-06-21 Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2002-06-21 Michael Roger Pinet
2002-06-21 Book of authorities, Completed on: 2002-07-16 Michael Roger Pinet
2002-06-21 Application for leave to appeal, Completed on: 2002-07-16 Michael Roger Pinet

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

Main parties - Appellants
Name Role Status
Pinet, Michael Roger Appellant Active

v.

Main parties - Respondents
Name Role Status
The Administrator of St. Thomas Psychiatric Hospital Respondent Active
Attorney General for Ontario Respondent Active

Other parties

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: Pinet, Michael Roger

Counsel
Names
Suzan E. Fraser
Richard Macklin
Contact information
Old Bailey by the Park
112 Adelaide Street East
Toronto, Ontario
M5C 1K9
Telephone: (416) 703-9555
FAX: (416) 703-5756
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

Party: The Administrator of St. Thomas Psychiatric Hospital

Counsel
Name
Janice E. Blackburn
Contact information
Paterson, MacDougall
1 Queen Street East
Suite 2100
Toronto, Ontario
M5C 2W5
Telephone: (416) 982-3806
FAX: (416) 982-3801
Email: jblackburn@lexcanada.com
Agent
Name
Marie-France Major
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Attorney General for Ontario

Counsel
Names
Riun Shandler
Christine Bartlett-Hughes
Contact information
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2353
FAX: (416) 326-4656
Email: riun.shandler@ontario.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

Party: Attorney General of Canada

Counsel
Names
James W. Leising
Michael H. Morris
Contact information
Attorney General of Canada
3400 First Canadian Place, PO Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3747
FAX: (416) 973-8253
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Ontario Review Board and the Nunavut Review Board

Counsel
Names
Maureen D. Forestell
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
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

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
Contact information
Hiltz Szigeti
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

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

June 30, 2000
Ontario Review Board

0432-Jun 3

Applicant ordered transferred to the maximum security Oak Ridge Division of the Penetanguishene Mental Health Centre
February 22, 2002
Court of Appeal for Ontario

C35777

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

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

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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Webcasts

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Date modified: 2025-05-13