Docket

28144

White, Ottenheimer & Baker v. Attorney General of Canada

(Newfoundland & Labrador) (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 cross-appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The cross-appeal is dismissed, (L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting in part.)
Dismissed, no order as to costs
2002-09-12 Judgment on the appeal rendered, (joint reasons with 27852 and 28385), CJ L'HD G Ia Ma Ba Bi Arb LeB, (L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting.) (See long version)
Allowed, no order as to costs
2002-01-10 Correspondence received from, Robert Frater dated Jan. 10/02 re: 3 C/A of B.C. stay orders in related cases R. v. Youngman 28936 and R. v. Huber 28937 (joint with 27852-28385)(sent to the Court Jan. 15/02) Attorney General of Canada
2002-01-07 Transcript received, 194 pages (joint with 27852-28385)
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 28752, 28385)
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 27852 et 28385), Completed on: 2001-11-27 Attorney General of Québec
2001-11-26 Order on motion for leave to intervene, (15 MINUTES GRANTED TO F.L.S.C. BY MAJOR J.)
2001-11-23 Intervener's factum, (joint avec 27852-28385), Completed on: 2001-11-23 Attorney General of Québec
2001-11-21 Response to motion to extend time, from Gowlings dated Nov. 21, 2001 (fax copy), Completed on: 2001-11-21 White, Ottenheimer & Baker
2001-11-20 Motion to extend time, to file the factum and authorities to Nov. 20, 2001 (joint with 27852), Completed on: 2001-11-20 Attorney General for Ontario
2001-11-20 Book of authorities, (joint with 27852) - extension of time requested, Completed on: 2001-11-20 Attorney General for Ontario
2001-11-20 Intervener's factum, (joint with 27852) - extension of time requested, Completed on: 2001-11-20 Attorney General for Ontario
2001-10-26 Notice of withdrawal Attorney General of Manitoba
2001-10-15 Notice of withdrawal Attorney General of British Columbia
2001-09-28 Book of authorities, joint with 27852, Completed on: 2001-09-28 Federation of Law Societies of Canada
2001-09-28 Intervener's factum, joint with 27852, Completed on: 2001-09-28 Federation of Law Societies of Canada
2001-09-26 Book of authorities, (joint), Completed on: 2001-09-26 Attorney General of Alberta
2001-09-26 Intervener's factum, (joint with 27852, 28384, 28385), Completed on: 2001-09-26 Attorney General of Alberta
2001-09-13 Notice of hearing White, Ottenheimer & Baker
2001-09-05 Appeal hearing scheduled, 2001-12-13
Judgment reserved
2001-08-28 Respondent's factum - cross appeal, joint with Respondent's factum, Completed on: 2001-08-28 Attorney General of Canada
2001-08-28 Respondent's book of authorities, joint with cross-appeal, Completed on: 2001-08-28 Attorney General of Canada
2001-08-28 Respondent's factum, joint with cross-appeal, Completed on: 2001-08-28 Attorney General of Canada
2001-08-28 Appeal perfected for hearing, Session beginning on 2001-10-01
2001-08-20 Correspondence received from, E.J. Van Bemmel dated Aug. 20/01 re: counsel appearing at the hearing (joint with 27852) Federation of Law Societies of Canada
2001-07-31 Appeal court record, (1 box - joint with Trial Court Record)
2001-07-26 Decision on motion to extend time, DeRg, to serve and file the appellants book of authorities to July 9, 2001, nunc pro tunc. and their record to July 11, 2001, nunc pro tunc.
Granted, no order as to costs
2001-07-26 Submission of motion to extend time, DeRg
2001-07-26 Response to motion to extend time, (consent), Completed on: 2001-07-26 Attorney General of Canada
2001-07-13 Motion to extend time, to file the authorities to July 9, 2001 and record to July 11, 2001 - 1 copy, Completed on: 2001-07-13 White, Ottenheimer & Baker
2001-07-11 Appellant's record, (extension of time requested), Completed on: 2001-07-31 White, Ottenheimer & Baker
2001-07-09 Appellant's book of authorities, (extension of time requested) (original served and filed July 11/01), Completed on: 2001-07-09 White, Ottenheimer & Baker
2001-07-03 Appellant's factum, Completed on: 2001-07-11 White, Ottenheimer & Baker
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 respondent any additional disbursements occasioned to the appellant and respondent 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 Notice of intervention respecting a constitutional question Attorney General for Ontario
2001-04-27 Notice of constitutional question(s) Attorney General of Canada
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
2001-04-10 Order granting leave to appeal
2001-04-05 Submission of motion to state a constitutional question, CJ
2001-03-14 Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated March 14, 2001, Completed on: 2001-03-14 White, Ottenheimer & Baker
2001-03-06 Motion for leave to intervene, to file a factum and present oral argument (1 copy), Completed on: 2001-03-06 Federation of Law Societies of Canada
2001-03-06 Letter acknowledging receipt of notice of appeal
2001-03-02 Notice of appeal, Completed on: 2001-03-02 White, Ottenheimer & Baker
2001-02-27 Motion to state a constitutional question, 2 copies, Completed on: 2001-02-27 Attorney General of Canada
2001-02-27 Notice of cross appeal, Completed on: 2001-02-27 Attorney General of Canada
2001-02-16 Notice of deposit of judgment issued to all parties
2001-02-15 Judgment of the Court on the application for leave to cross-appeal
Granted, no order as to costs
2001-02-15 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-01-03 All material on the application for leave to cross-appeal submitted to the Judges, L'HD Ba LeB
2001-01-03 All materials on application for leave submitted to the Judges, L'HD Ba LeB
2000-12-01 Correspondence received from, R. Frater dated Dec. 1, 2000 re: similar issues with 27852 Attorney General of Canada
2000-11-13 Letter acknowledging receipt of an incomplete application for leave to appeal
2000-10-30 Application for leave to cross-appeal, (joint with response on leave), Completed on: 2000-10-30 Attorney General of Canada
2000-10-30 Respondent's response on the application for leave to appeal, (joint with cross-appeal), Completed on: 2000-10-30 Attorney General of Canada
2000-09-26 Application for leave to appeal, (T.C. and A.C. orders filed on Nov. 30, 2000), Completed on: 2000-12-01 White, Ottenheimer & Baker