Docket

34644

Matthew David Spencer v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2014-11-06 Appeal closed
2014-11-06 Order on motion to extend time, (by CHIEF JUSTICE MCLACHLIN AND JUSTICE LEBEL, ABELLA, ROTHSTEIN, CROMWELL, MOLDAVER, KARAKATSANIS AND WAGNER)
2014-11-06 Decision on motion to extend time, (addressed in the order on the motion for re-hearing scheduled November 6, 2014), CJ LeB Abe Ro Cro Mo Ka Wa
2014-11-06 Submission of motion to extend time, CJ LeB Abe Ro Cro Mo Ka Wa
2014-11-06 Decision on the motion for a re-hearing of the appeal, CJ LeB Abe Ro Cro Mo Ka Wa, UPON APPLICATION by the appellant for an Order amending paragraph 12 of this Court’s judgment that was rendered on June 13, 2014 and a re-hearing on the issue of remedy;
AND UPON APPLICATION by the appellant for a motion for an extension of time to serve and file a reply to the response to the motion for amendment and for a re-hearing;
AND THE MATERIALS FILED having been read;
IT IS HEREBY ORDERED THAT:
1. The motion to extend the time to serve and file a reply to the response to the motion for amendment and for a re-hearing is dismissed;
2. The motion to amend the reasons is granted. The third sentence of paragraph 12 is changed to: “The search of Mr. Spencer’s computer revealed about 50 child pornography images and two child pornography videos.”; and
3. The motion for a re-hearing is dismissed.
Allowed in part
2014-11-06 All material on motion for a re-hearing of the appeal submitted to Justices, CJ LeB Abe Ro Cro Mo Ka Wa
2014-10-06 Reply to motion to extend time, (Letter Form), (proof of service missing), Completed on: 2014-10-08, (Electronic version filed on 2014-10-06) Matthew David Spencer
2014-09-26 Response to motion to extend time, (Book Form), Completed on: 2014-10-01 Her Majesty the Queen
2014-09-24 Reply to the response to the motion for a re-hearing of the appeal Matthew David Spencer
2014-09-24 Motion to extend time, (Letter Form), to file a reply for the appellant's motion for a re-hearing of the appeal. , Completed on: 2014-10-01, (Electronic version filed on 2014-10-02) Matthew David Spencer
2014-09-24 Correspondence received from, (Letter Form), appellant advises that he moved residence, (Electronic version filed on 2014-10-08) Matthew David Spencer
2014-08-25 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-25) Her Majesty the Queen
2014-08-20 Notice of withdrawal, (Letter Form), Counsel and agent have withdrawn as the appellant's representative., (Electronic version filed on 2014-08-20) Matthew David Spencer
2014-08-13 Motion for a re-hearing of the appeal, (Letter Form), and to amend the Court's judgement., Completed on: 2014-08-13, (Electronic version filed on 2014-08-20) Matthew David Spencer
2014-06-16 Formal judgment sent to the registrar of the court of appeal and all parties
2014-06-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-06-13 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1857-CR and 1862-CR, 2011 SKCA 144, dated November 25, 2011, heard on December 9, 2013, is dismissed.
Dismissed
2014-01-29 Correspondence received from, Ms. Daviau rec'd by faxil 2014/01/29 re: change of address for the law firm of Kapoor Barristers Canadian Civil Liberties Association
2013-12-30 Transcript received, (146 pages)
2013-12-09 Intervener's condensed book, (one page outline, filed in Court) Privacy Commissioner of Canada
2013-12-09 Judgment reserved OR rendered with reasons to follow
2013-12-09 Hearing of the appeal, 2013-12-09, CJ LeB Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-12-09 Acknowledgement and consent for video taping of proceedings, All parties consented
2013-12-09 Respondent's condensed book, (Book Form), Filed in Court Her Majesty the Queen
2013-12-09 Appellant's condensed book, (Book Form), Filed in Court Matthew David Spencer
2013-12-05 Correspondence received from, Daniel Caron re: will be referring to two decision of the Court in his submission (sent to the Court 2013/12/06) Privacy Commissioner of Canada
2013-12-04 Correspondence received from, Anthony B. Gerein re: advising the Court that he will be refering to the decision of the Court in R. v. Vu in is arguments and a copy of the decision will be in his condensed book. (sent to the Court 2013/12/06) Her Majesty the Queen
2013-12-04 Correspondence received from, Jonathan Dawe re: order in which the intervener wishes to appear. Criminal Lawyers' Association of Ontario
2013-11-21 Notice of appearance, Mahmud Jamal, Patricia Kosseim, Daniel Caron and Sarah Speevak will be appearing and Mr. Jamal will make oral submissions Privacy Commissioner of Canada
2013-11-19 Notice of appearance, Jonathan Dawe and Jill R. Presser will be present Criminal Lawyers' Association of Ontario
2013-11-14 Notice of appearance, Jolaine Antonio will be present at the hearing. Attorney General of Alberta
2013-11-14 Notice of appearance, Anthony Gerein will be present at the hearing. Her Majesty the Queen
2013-11-14 Notice of appearance, Anil K. Kapoor and Lindsay L. Daviau will be appearing and Mr. Kapoor will be presenting the oral argument. Canadian Civil Liberties Association
2013-11-13 Notice of appearance, Susan Magotiaux and Allison Dellandrea will be appearing and Ms. Magotiaux will make oral submission Attorney General of Ontario
2013-11-13 Notice of appearance, Ronald Reimer and David Schermbrucker will be present at the hearing. Director of Public Prosecutions
2013-11-13 Notice of appearance, Aaron A. Fox, Q.C. and Darren Kraushaar will be present at the hearing. Mr. Fox will present oral submissions. Matthew David Spencer
2013-09-27 Order by, Ka, FURTHER TO THE ORDERS dated June 28, 2013 and August 2, 2013, granting leave to intervene to the Privacy Commissioner of Canada, the Director of Public Prosecutions, the Attorney General of Ontario, the Attorney General of Alberta, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario;
IT IS HEREBY FURTHER ORDERED THAT the said six interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Granted
2013-09-27 Intervener's book of authorities, Completed on: 2013-09-27 Canadian Civil Liberties Association
2013-09-27 Intervener's factum, Completed on: 2013-09-27 Canadian Civil Liberties Association
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Attorney General of Alberta
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Attorney General of Alberta
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Director of Public Prosecutions
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Director of Public Prosecutions
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Criminal Lawyers' Association of Ontario
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Criminal Lawyers' Association of Ontario
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Attorney General of Ontario
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Attorney General of Ontario
2013-09-24 Correspondence received from, Mr. Anil K. Kapoor will assume carriage of this matter. Canadian Civil Liberties Association
2013-09-09 Notice of hearing sent to parties
2013-08-23 Intervener's book of authorities, (Book Form), 2 volumes, Completed on: 2013-08-23 Privacy Commissioner of Canada
2013-08-23 Intervener's factum, (Book Form), Completed on: 2013-08-27 Privacy Commissioner of Canada
2013-08-21 Appeal hearing scheduled, 2013-12-09
Judgment reserved
2013-08-02 Order by, Ka, FURTHER TO THE ORDER dated June 28, 2013, requesting further submissions addressing Rule 57(2)(b) of the Rules of the Supreme Court of Canada from the moving parties, the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association Canada and the Criminal Lawyers’ Association of Ontario, seeking for leave to intervene in the above appeal
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 27, 2013.
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 are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions
Granted
2013-07-19 Supplemental document, email from Jeffrey W. Beedell dated July 19/13 in response to the further submissions filed further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-19 Matthew David Spencer
2013-07-18 Supplemental document, (Letter Form), from Gowlings in response to the further submissions filed further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-18 Her Majesty the Queen
2013-07-12 Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Jolaine Antonio dated July 12/13, Completed on: 2013-07-12 Attorney General of Alberta
2013-07-12 Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Allison Dellandrea dated July 12/13, Completed on: 2013-07-12 Attorney General of Ontario
2013-07-12 Supplemental document, (Book Form), further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-12 Canadian Civil Liberties Association
2013-07-11 Supplemental document, (Book Form), further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-11 Criminal Lawyers' Association of Ontario
2013-07-11 Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Ron Reimer dated July 11/13, Completed on: 2013-07-11 Director of Public Prosecutions
2013-07-10 Appeal perfected for hearing
2013-07-08 Respondent's book of authorities, Completed on: 2013-07-08 Her Majesty the Queen
2013-07-08 Respondent's record, Completed on: 2013-07-08 Her Majesty the Queen
2013-07-08 Respondent's factum, Completed on: 2013-07-08 Her Majesty the Queen
2013-06-28 Order on motion for leave to intervene, (BY KARAKATSANIS J.)
2013-06-28 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Criminal Lawyers’ Association of Ontario, the Canadian Civil Liberties Association and the Privacy Commissioner of Canada for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Privacy Commissioner of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before August 23, 2013.
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 is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. The motions for leave to intervene of the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario are deferred for fourteen days pending the serving and filing of further submissions from the moving parties addressing Rule 57(2)(b) of the Rules of the Supreme Court of Canada;
2. Any responses to the above-referenced submissions must be served and filed on or before July 19, 2013;
3. Any replies to the responses must be served and filed on or before July 23, 2013.
Granted
2013-06-28 Submission of motion for leave to intervene, Ka
2013-06-20 Response to the motion for leave to intervene, (Letter Form), from Gowling Lafleur Henderson dated June 20/13, Completed on: 2013-06-20 Her Majesty the Queen
2013-06-17 Response to the motion for leave to intervene, (Letter Form), from Aaron A. Fox, Q.C., dated June 13/13 re: response to all motions for intervention, Completed on: 2013-06-17 Matthew David Spencer
2013-06-13 Motion for leave to intervene, (Book Form), Completed on: 2013-06-13 Privacy Commissioner of Canada
2013-06-13 Motion for leave to intervene, (Book Form), Completed on: 2013-06-13 Canadian Civil Liberties Association
2013-06-12 Motion for leave to intervene, Completed on: 2013-06-12 Criminal Lawyers' Association of Ontario
2013-06-12 Motion for leave to intervene, Completed on: 2013-06-12 Attorney General of Ontario
2013-06-12 Motion for leave to intervene, Completed on: 2013-06-12 Director of Public Prosecutions
2013-06-10 Response to the motion for leave to intervene, email from Gowling dated June 10/13, Completed on: 2013-06-10 Her Majesty the Queen
2013-06-07 Motion for leave to intervene, Completed on: 2013-06-07 Attorney General of Alberta
2013-05-16 Appellant's book of authorities, Completed on: 2013-05-16 Matthew David Spencer
2013-05-16 Appellant's record, Completed on: 2013-05-16 Matthew David Spencer
2013-05-16 Appellant's factum, Completed on: 2013-05-16 Matthew David Spencer
2013-03-01 Correspondence received from, Aaron Fox dated February 28, 2013. Re: Jeffrey Beedell of McMillan LLP will be acting as agent. Matthew David Spencer
2013-02-27 Correspondence received from, Aaron A. Fox dated Feb 27/13 re: will be representing the appellant Matthew David Spencer
2013-02-22 Notice of appeal, Completed on: 2013-02-22 Matthew David Spencer
2013-02-18 Correspondence (sent by the Court) to, Matthew David Spencer, re: self- rep questionnaire
2013-02-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-01-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-01-25 Judgment on leave sent to the parties
2013-01-24 Decision on the application for leave to appeal, LeB Abe Cro, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to appoint counsel is dismissed without prejudice to the right of the applicant to reapply for the appointment of counsel after leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1857-CR and 1862-CR, 2011 SKCA 144, dated November 25, 2011, is granted without costs, but only on the issues with respect to s. 8 of the Charter and mens rea.
Granted, without costs
2013-01-24 Decision on the motion to appoint counsel, LeB Abe Cro, See judgment
Dismissed
2013-01-24 Decision on motion to extend time to file and /or serve the leave application, LeB Abe Cro, See judgment
Granted
2012-06-04 All materials on application for leave submitted to the Judges, LeB Abe Cro
2012-06-04 Submission of motion to appoint counsel, LeB Abe Cro
2012-06-04 Submission of motion to extend time to file and/ or serve the leave application, LeB Abe Cro
2012-04-19 Correspondence received from, Tom Irvine dated Apr. 18/12 re motion to appoint Her Majesty the Queen
2012-04-16 Motion to appoint counsel, namely Aaron Fox, Q.C., Completed on: 2012-04-16 Matthew David Spencer
2012-03-14 Applicant's reply to respondent's argument, Completed on: 2012-03-14 Matthew David Spencer
2012-03-02 Book of authorities Her Majesty the Queen
2012-03-02 Respondent's response on the application for leave to appeal, Completed on: 2012-03-02 Her Majesty the Queen
2012-02-07 Letter acknowledging receipt of an incomplete application for leave to appeal
2012-01-31 Correspondence (sent by the Court) to, Acknowledgment letter
2012-01-31 Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-01-31 Matthew David Spencer
2012-01-31 Application for leave to appeal, C/A order missing - Rec'd on February 15, 2012, Completed on: 2012-02-15 Matthew David Spencer