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.
30021
Her Majesty the Queen v. René Luther Hamilton
(Alberta) (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) |
|---|---|---|
| 2005-10-21 | Record returned to the Registrar of the Court of Appeal | |
| 2005-08-02 | Appeal closed | |
| 2005-08-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-07-29 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0103-0394-A3, dated August 27, 2003, heard on January 14, 2005 is allowed on the count for counselling fraud and a new trial is ordered on that count, Major, Abella and Charron JJ., dissenting. The appeal is dismissed in relation to the three remaining counts. Allowed in part |
|
| 2005-01-24 | Transcript received, 71 pages | |
| 2005-01-14 | Judgment reserved OR rendered with reasons to follow | |
| 2005-01-14 | Respondent's condensed book, Submitted in Court (14 copies) | René Luther Hamilton |
| 2005-01-14 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2005-01-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-01-14 |
Hearing of the appeal, 2005-01-14, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-01-10 | Order on motion to extend time, (BY ABELLA J.) | |
| 2005-01-10 |
Decision on motion to extend time, Abe, The motion of the intervener, the Attorney General of Ontario, for an order extending the time to serve and file its factum to January 6, 2005 and its book of authorities to January 7, 2005, is granted. The said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of this appeal. Granted |
|
| 2005-01-10 | Submission of motion to extend time, Abe | |
| 2005-01-10 |
Order by, Abe, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeal and pursuant to the order of October 14, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2005-01-10 | Response to motion to extend time, (Letter Form), F. Kirk MacDonald (by fax), Completed on: 2005-01-10 | René Luther Hamilton |
| 2005-01-07 | Book of authorities, Completed on: 2005-01-07 | Attorney General of Ontario |
| 2005-01-07 | Motion to extend time, to file its factum to Jan. 6/05 and its authorities to Jan. 7/05, Completed on: 2005-01-07 | Attorney General of Ontario |
| 2005-01-06 | Intervener's factum, Completed on: 2005-01-06 | Attorney General of Ontario |
| 2005-01-05 | Notice of appearance, Andrew Lokan will be present at hearing. | Canadian Civil Liberties Association |
| 2005-01-04 | Notice of appearance, F. Kirk MacDonald will be present at the hearing. | René Luther Hamilton |
| 2004-12-21 | Reply factum on appeal, Completed on: 2004-12-21 | Her Majesty the Queen |
| 2004-12-10 | Book of authorities, Completed on: 2004-12-10 | Canadian Civil Liberties Association |
| 2004-12-09 | Intervener's factum, (24 copies), Completed on: 2004-12-09 | Canadian Civil Liberties Association |
| 2004-12-08 | Notice of appearance, James C. Robb, Q.C. and Steven M. Bilodeau will be present at hearing. | Her Majesty the Queen |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-01-14, (previously Dec. 17/04) Judgment reserved |
|
| 2004-10-21 | Order on motion to extend time, (BY SILBERMAN ABELLA J.) | |
| 2004-10-21 |
Decision on motion to extend time, to serve and file a reply to the intervention, Abe Granted |
|
| 2004-10-21 | Order on motion for leave to intervene, (BY SILBERMAN ABELLA J.) | |
| 2004-10-21 |
Decision on the motion for leave to intervene, Abe, The motion for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages. The motion to extend the time to serve and file a reply on the motion for leave to intervene is granted. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2004-10-20 | Submission of motion to extend time, Abe | |
| 2004-10-20 | Submission of motion for leave to intervene, Abe | |
| 2004-10-15 | Reply to the motion for leave to intervene, Completed on: 2004-10-15 | Attorney General of Ontario |
| 2004-10-15 | Motion to extend time, to serve & file the reply to the response of Rene Luther Hamilton, Completed on: 2004-10-15 | Attorney General of Ontario |
| 2004-10-14 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2004-10-14 |
Decision on the motion for leave to intervene, Abe, The motion for leave to intervene of the applicant, Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 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 intervener. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. IT IS HEREBY ORDERED THAT: The appellant is granted permission to file a 20 page reply factum within 20 days from the service of the intervener's factum. Granted |
|
| 2004-10-14 | Submission of motion for leave to intervene, Abe | |
| 2004-10-13 | Reply to the motion for leave to intervene, Completed on: 2004-10-13 | Canadian Civil Liberties Association |
| 2004-10-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2004-10-13 | René Luther Hamilton |
| 2004-10-12 | Response to the motion for leave to intervene, Completed on: 2004-10-12 | Her Majesty the Queen |
| 2004-09-30 | Motion to extend time, to file the motion to intervene to Sept. 30, 2004 (joint), Completed on: 2004-09-30 | Canadian Civil Liberties Association |
| 2004-09-30 | Motion for leave to intervene, book form (joint with extension of time), Completed on: 2004-09-30 | Canadian Civil Liberties Association |
| 2004-08-26 | Response to the motion for leave to intervene, Completed on: 2004-08-26 | René Luther Hamilton |
| 2004-08-18 | Response to the motion for leave to intervene, (Letter Form), from Steven Bilodeau dated 08/16/04, Completed on: 2004-08-18 | Her Majesty the Queen |
| 2004-08-18 | Motion for leave to intervene, Completed on: 2004-08-18 | Attorney General of Ontario |
| 2004-08-16 | Appeal perfected for hearing | |
| 2004-08-13 | Respondent's book of authorities, Completed on: 2004-08-13 | René Luther Hamilton |
| 2004-08-13 | Respondent's factum, Completed on: 2004-08-13 | René Luther Hamilton |
| 2004-08-11 | Trial court exhibits, (1 box) | |
| 2004-08-11 | Appeal court record, (1 box joint with 1 box of exhibits) | |
| 2004-06-18 | Appellant's book of authorities, (Vol. I, II) Supplemental authorities received Dec. 22, 2004., Completed on: 2004-06-18 | Her Majesty the Queen |
| 2004-06-18 | Appellant's factum, Completed on: 2004-06-18 | Her Majesty the Queen |
| 2004-06-09 | Appellant's record, (Vol. I, II, III), Completed on: 2004-06-09 | Her Majesty the Queen |
| 2004-04-23 | Notice of appeal, (Service rec'd May 5/04), Completed on: 2004-04-23 | Her Majesty the Queen |
| 2004-04-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-04-02 | Judgment on leave sent to the parties | |
| 2004-04-01 |
Judgment of the Court on the application for leave to appeal, The applications for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0103-0394-A3, dated August 27, 2003, are granted. Granted |
|
| 2004-04-01 |
Decision on motion to extend time to file and /or serve the leave application, Ba LeB De, The applications for an extension of time is granted. Granted |
|
| 2004-03-01 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-03-01 | Submission of motion to extend time, to serve and file the response, Ba LeB De | |
| 2004-03-01 | Submission of motion to extend time to file and/ or serve the leave application, Ba LeB De | |
| 2004-01-15 | Response to motion to extend time, (Letter Form), from J. Robb dated Jan. 7, 2004 (fax copy)(included in the response), Completed on: 2004-01-15 | Her Majesty the Queen |
| 2004-01-15 | Motion to extend time, to file the response to Jan. 15, 2004 (joint), Completed on: 2004-01-15 | René Luther Hamilton |
| 2004-01-15 | Respondent's response on the application for leave to appeal, (joint with motion to extend the time), Completed on: 2004-01-15 | René Luther Hamilton |
| 2003-11-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-10-30 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the leave application), Completed on: 2003-10-30 | Her Majesty the Queen |
| 2003-10-30 | Application for leave to appeal, (extension of time included) (copies of the T.C. & C.A. reasons - originals rec'd Nov.5/03), Completed on: 2003-11-04 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hamilton, René Luther | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Steven M. Bilodeau
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@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: Hamilton, René Luther
Counsel
300 - TransAlta Place
10150 - 100 St. N.W.
Edmonton, Alberta
T5J 0P6
Telephone: (780) 424-8866
FAX: (780) 426-1470
Email: KMacdonald@pringleandassociates.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General of Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4614
FAX: (416) 326-4656
Email: christopher.webb@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
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
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.
The Respondent discovered a web-site on the Internet from which he purchased 200 computer files named "Top Secret files". He received his purchase on disk and in hard copy with a computer list containing abbreviated names of the files. Included in the documents were recipes for bombs together with assembly and detonation instructions, a document giving instructions for a style of break in and theft and a credit card number generator. The Respondent copied the web page and the teaser e-mail that had led him to his purchase, changing the address to an Edmonton address in order to attract his own customers for the same files. He sent an amended teaser to 300 to 500 e-mail addresses acquired from an unknown source and he advertised the documents on his amended web page. The teaser referred to the bomb documents, the break and enter document, the credit card number generator, and to a calling card number generator not contained in the Top Secret files. The web page did not refer to any illegal documents. The Respondent made in excess of 20 sales. Some recipients of the e-mail notified the Edmonton City Police or Interpol.
The Respondent was charged under s. 464 of the Criminal Code with counselling four indictable offences which were not committed: making explosive substances with intent to endanger life or cause serious damage to property; doing anything with intent to cause an explosion; break and enter with intent to commit an indictable offence; and, fraud through dissemination of a credit card number generator. The Respondent was acquitted. The Crown appealed. The Court of Appeal upheld the acquittals.
Lower court rulings
Court of Queen’s Bench of Alberta
0003 1166 C4
Respondent acquitted of four counts of counselling indictable offences that were not committed
Court of Appeal of Alberta (Edmonton)
0103-0394-A3
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