Docket

27852

Her Majesty the Queen v. Lavallee, Rackel and Heintz Barristers and Solicitors, et al.

(Alberta) (Criminal) (By Leave)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2002-11-04 Record returned to the Registrar of the Court of Appeal
2002-09-23 Appeal closed
2002-09-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-09-12 Judgment on the appeal rendered, (joint reasons with 28144 and 28385), CJ L'HD G Ia Ma Ba Bi Arb LeB, (L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting in part.) (See long version)
Dismissed, no order as to costs
2002-01-10 Correspondence received from, Robert Frater dated Jan. 10/02 re: C/A of B.C. stay orders in related cases R. v. Youngman 28936 and R. v. Huber 28937 (joint with 28144-28385)(sent to the Court Jan. 15/02) Her Majesty the Queen
2002-01-07 Transcript received, 194 pages (joint with 28385-28144)
2001-12-13 Judgment reserved OR rendered with reasons to follow
2001-12-13 Hearing of the appeal, 2001-12-13, (V116/117), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-12-13 Acknowledgement and consent for video taping of proceedings, (joint with 28385, 28144)
2001-12-12 Appellant's condensed book Her Majesty the Queen
2001-11-28 Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Ontario to Nov. 20, 2001.
Granted, no order as to costs
2001-11-28 Submission of motion to extend time, Reg
2001-11-27 Book of authorities, (joint avec 28144 et 28385), Completed on: 2001-11-27 Attorney General of Québec
2001-11-26 Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT EACH GRANTED TO L.S.A & F.L.S.C BY MAJOR J.)
2001-11-23 Intervener's factum, (joint avec 28144-28385), Completed on: 2001-11-23 Attorney General of Québec
2001-11-20 Motion to extend time, to file the factum and authorities to Nov. 20, 2001 (joint with 28144), Completed on: 2001-11-20 Attorney General for Ontario
2001-11-20 Book of authorities, (joint with 28144) - extension of time requested, Completed on: 2001-11-20 Attorney General for Ontario
2001-11-20 Intervener's factum, (joint with 28144) - extension of time requested, Completed on: 2001-11-20 Attorney General for Ontario
2001-10-26 Notice of withdrawal Attorney General of Manitoba
2001-10-16 Notice of withdrawal Attorney General of British Columbia
2001-10-05 Correspondence (sent by the Court) to, Mr. Polo; re: represented by counsel ? (sent registered mail - acknowledgement Oct. 15)
2001-09-28 Intervener's factum, (joint with authorities), Completed on: 2001-09-28 The Law Society of Alberta
2001-09-28 Book of authorities, joint with 28144, Completed on: 2001-10-30 Federation of Law Societies of Canada
2001-09-28 Intervener's factum, joint with 28144, Completed on: 2001-10-25 Federation of Law Societies of Canada
2001-09-26 Book of authorities, (joint with 28144, 28384, 28385), Completed on: 2001-09-26 Attorney General of Alberta
2001-09-26 Intervener's factum, (joint with 28144, 28384, 28385), Completed on: 2001-09-26 Attorney General of Alberta
2001-09-11 Correspondence received from, Burke-Robertson dated Sept. 10, 2001 re: whether the Att. of B.C. can file a compendious factum for all 4 cases Attorney General of British Columbia
2001-09-06 Notice of hearing Her Majesty the Queen
2001-09-05 Appeal hearing scheduled, 2001-12-13
Judgment reserved
2001-09-04 Respondent's book of authorities, (extension of time requested) (affidavit of service filed separately on Sept. 4/01 - service missing on Polo/ rec'd Sept. 11/01), Completed on: 2001-09-11 Lavallee, Rackel and Heintz Barristers and Solicitors
2001-08-31 Respondent's factum, (see decision dated Aug. 28/01) (affidavit of service filed separately Aug. 31/01 - service missing on Polo/ rec'd Sept. 11/01), Completed on: 2001-09-11 Lavallee, Rackel and Heintz Barristers and Solicitors
2001-08-28 Order on motion to extend time
2001-08-28 Decision on motion to extend time, Reg, to serve and file the factum of the respondent Lavallee, Rackel and Heintz to August 31, 2001
Granted, no order as to costs
2001-08-28 Submission of motion to extend time, Reg
2001-08-27 Response to motion to extend time, Completed on: 2001-08-27 Her Majesty the Queen
2001-08-27 Motion to extend time, to file the factum to Aug. 31, 2001, Completed on: 2001-08-27 Lavallee, Rackel and Heintz Barristers and Solicitors
2001-08-20 Correspondence received from, E.J. Van Bemmel dated Aug. 20/01 re: counsel appearing at the hearing (joint with 28144) Federation of Law Societies of Canada
2001-07-26 Appeal perfected for hearing, Session beginning on 2001-10-01
2001-07-18 Supplemental document, Appellant's Supplementary Record (C/A Order of Feb. 17/00) (25th copy rec'd with service on Polo) Her Majesty the Queen
2001-06-22 Appeal court record, (1 box rec'd June 22/01 and 1 box rec'd June 25/01)
2001-06-11 Correspondence received, Ken S. Westlake dated June 4/01 re: returning copy of faxed order - not acting for any party in this matter
2001-05-31 Appellant's book of authorities, vol. 1 and 2 (see order), Completed on: 2001-05-31 Her Majesty the Queen
2001-05-31 Appellant's record, Completed on: 2001-06-11 Her Majesty the Queen
2001-05-31 Appellant's factum, (see order dated May 7/01) (service on Polo missing - rec'd June 7/01), Completed on: 2001-06-11 Her Majesty the Queen
2001-05-28 Correspondence received from, Robert H. Davidson dated May 25/01 (by fax) re: confirming he is not acting on behalf of A. Polo Andrew Brent Polo
2001-05-28 Notice of intervention respecting a constitutional question Attorney General of Québec
2001-05-25 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2001-05-25 Notice of intervention respecting a constitutional question Attorney General of Alberta
2001-05-25 Order on motion for leave to intervene, (BY THE COURT)
2001-05-25 Decision on the motion for leave to intervene, Ma, by the FEDERATION OF LAW SOCIETIES OF CANADA. The factum is limited to 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 interveners (15 MINUTES ORAL ARGUMENT GRANTED NOV. 26, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention.
Granted, no order as to costs
2001-05-25 Decision on the motion for leave to intervene, Ma, by the LAW SOCIETY OF ALBERTA. The factum is limited to 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 interveners (15 MINUTES ORAL ARGUMENT GRANTED NOV. 26, 2001). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention.
Granted, no order as to costs
2001-05-25 Submission of motion for leave to intervene, Ma
2001-05-17 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2001-05-07 Order on motion to extend time
2001-05-07 Decision on motion to extend time, to serve and file the appellant's factum, Record and book of authorities to May 31/01, Reg
Granted, no order as to costs
2001-05-07 Notice of intervention respecting a constitutional question Attorney General for Ontario
2001-05-07 Submission of motion to extend time, Reg
2001-05-04 Response to motion to extend time, Completed on: 2001-05-04 Andrew Brent Polo
2001-04-27 Response to motion to extend time, from D.G. Butcher (1 copy), Completed on: 2001-04-27 Lavallee, Rackel and Heintz Barristers and Solicitors
2001-04-27 Motion to extend time, to serve and file the Factum, Record and Authorities to May 31/01 (1 copy) (missing 1 service - rec'd May 4/01), Completed on: 2001-04-27 Her Majesty the Queen
2001-04-27 Notice of constitutional question(s) Her Majesty the Queen
2001-04-26 Order on motion to state a constitutional question
2001-04-25 Decision on the motion to state a constitutional question, CJ,

1. Does s. 488.1 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 reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter?

3. Does s. 488.1 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 8 of
the Canadian Charter of Rights and Freedoms?

4. If so, is the infringement reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter?

Notices of intervention are to be filed on or before May 28, 2001.

Granted, no order as to costs
2001-04-05 Submission of motion to state a constitutional question, CJ
2001-03-06 Motion for leave to intervene, to file a factum and present oral argument (2 copies), Completed on: 2001-03-06 Federation of Law Societies of Canada
2001-03-06 Motion for leave to intervene, (book form), Completed on: 2001-03-06 The Law Society of Alberta
2001-02-27 Motion to state a constitutional question, 2 copies (served on Polo on March 7, 2001), Completed on: 2001-02-27 Her Majesty the Queen
2001-01-30 Correspondence received from, K. Westlake dated Jan. 26, 2001 (fax copy) re: has never represented for Mr. Polo Andrew Brent Polo
2001-01-18 Letter acknowledging receipt of notice of appeal
2001-01-12 Correspondence received from, K. Westlake dated Jan. 12, 2001 (fax copy) re: is no longer counsel for Mr. Polo (no need for motion under R. 14, see letter received on Jan. 30, 2001) Andrew Brent Polo
2001-01-05 Notice of appeal, (service received on Jan. 11, 2001)(proof of service on Polo received on March 9, 2001), Completed on: 2001-01-11 Her Majesty the Queen
2000-12-08 Notice of deposit of judgment issued to all parties
2000-12-07 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
2000-12-01 Correspondence received from, R. Frater dated Dec. 1, 2000 re: similar issues with 28144 Her Majesty the Queen
2000-11-20 All materials on application for leave submitted to the Judges, L'HD Ba LeB
2000-08-23 Correspondence received from, K. Westlake dated Aug. 16, 2000 re: is no longer represents Mr. Polo Andrew Brent Polo
2000-08-17 Applicant's reply to respondent's argument, (admission of service requested - filed Aug. 18/00), Completed on: 2000-08-18 Her Majesty the Queen
2000-08-11 Order on motion to extend time
2000-08-11 Decision on motion to extend time, Reg, to serve and file the respondent's Lavallee, Rackel and Heintz response to Aug. 11, 2000.
Granted, no order as to costs
2000-08-11 Submission of motion to extend time, Reg
2000-08-10 Respondent's response on the application for leave to appeal, 6 copies, Completed on: 2000-08-10 Lavallee, Rackel and Heintz Barristers and Solicitors
2000-08-04 Response to motion to extend time, Completed on: 2000-08-04 Her Majesty the Queen
2000-08-04 Motion to extend time, to file the response to Aug. 11, 2000 - 2 copies, Completed on: 2000-08-04 Lavallee, Rackel and Heintz Barristers and Solicitors
2000-06-09 Correspondence received from, A.A.H. Sherwood; re: intends to respond to the leave application Lavallee, Rackel and Heintz Barristers and Solicitors
2000-04-18 Letter acknowledging receipt of a complete application for leave to appeal
2000-04-13 Application for leave to appeal, Completed on: 2000-04-13 Her Majesty the Queen