Docket

28385

Her Majesty the Queen v. Jeffrey Fink

(Ontario) (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)
2002-09-23 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 27852 and 28144), CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal for Ontario, Number C33537, dated December 4, 2000, heard on the 13th day of December 2001 is dismissed with costs given the Crown's agreement to pay the costs of this appeal, L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting in part. (See long version)
Dismissed, with costs
2002-06-17 Response to motion to vary pronouncement / order, (Letter Form), from R.E. Houston, Q.C. dated Apr. 9/02 (Exhibit A of Motion) (sent to Bench June 18/02), Completed on: 2002-06-17 Her Majesty the Queen
2002-06-17 Motion to vary pronouncement / order, of this Court dated March 26/01, granting leave to appeal and of the appeal re: costs (2 copies) (sent to Bench June 18/02), Completed on: 2002-06-17 Jeffrey Fink
2002-05-28 Correspondence received from, (Letter Form), R. Macklin dated May 27, 2002 (fax copy) re: consents to an order that the costs of Mr. Fink be paid by the Crown on a Legal Aid tariff basis (sent to the judges on May 30, 2002) Jeffrey Fink
2002-01-10 Correspondence received from, Robert Frater dated Jan. 10/02 re: C/A of B.C. stay orders in related cases R. Youngman 28936 and R. v. Huber 28937 (joint with 27852-28144)(sent to the Court Jan. 15/02) Attorney General of Canada
2002-01-07 Transcript received, 194 pages (joint with 27852-28144)
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 27852, 28144)
2001-12-12 Respondent's book of authorities, vol. III, Completed on: 2001-12-12 Jeffrey Fink
2001-12-03 Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO C.B.A. BY ARBOUR J.)
2001-11-28 Intervener's factum, Completed on: 2001-11-28 Canadian Bar Association
2001-11-27 Respondent's book of authorities, 12 copies of vol. 1 and 2, Completed on: 2001-11-27 Jeffrey Fink
2001-11-27 Book of authorities, (joint avec 27852 et 28144), Completed on: 2001-11-27 Attorney General of Quebec
2001-11-23 Intervener's factum, (joint avec 27852-28144), Completed on: 2001-11-23 Attorney General of Quebec
2001-11-21 Respondent's factum, (service received Nov. 23, 2001 - book form), Completed on: 2001-11-23 Jeffrey Fink
2001-10-26 Notice of withdrawal Attorney General of Manitoba
2001-10-17 Order on motion to extend time
2001-10-16 Notice of withdrawal Attorney General of British Columbia
2001-10-16 Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to Oct. 10, 2001.
Granted, no order as to costs
2001-10-16 Submission of motion to extend time, Reg
2001-10-05 Appellant's book of authorities, (vol. 1 and 2), Completed on: 2001-10-05 Her Majesty the Queen
2001-10-04 Motion to extend time, to file the factum, record and authorities to Oct. 10, 2001, Completed on: 2001-10-04 Her Majesty the Queen
2001-09-26 Appellant's record, Completed on: 2001-10-16 Her Majesty the Queen
2001-09-26 Appellant's factum, Completed on: 2001-10-16 Her Majesty the Queen
2001-09-26 Book of authorities, (joint with 27852, 28144, 28384), Completed on: 2001-09-26 Attorney General of Alberta
2001-09-26 Intervener's factum, (joint with 27852, 28144, 28384), Completed on: 2001-09-26 Attorney General of Alberta
2001-09-18 Order on motion for leave to intervene, (BY THE COURT)
2001-09-18 Decision on the motion for leave to intervene, Arb, by the CANADIAN BAR ASSOCIATION. 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 DEC. 3, 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
2001-09-18 Decision on the motion for leave to intervene, Arb, by JOSEPH ROGER RICHARD FORGET.
Dismissed, no order as to costs
2001-09-18 Submission of motion for leave to intervene, by Forget & CBA, Arb
2001-09-05 Appeal perfected for hearing, Session beginning on 2001-10-01
2001-09-05 Appeal hearing scheduled, 2001-12-13
Judgment reserved
2001-08-10 Reply to the motion for leave to intervene, 6 copies - book form, Completed on: 2001-08-10 Joseph Roger Richard Forget
2001-08-03 Response to the motion for leave to intervene, (responding to J. R. Forget's intervention) (book form - 6th copy rec'd Aug. 7/01 with service), Completed on: 2001-08-03 Her Majesty the Queen
2001-07-13 Response to the motion for leave to intervene, (Letter Form), from M. Fairbun undated (fax copy) (original received July 18, 2001), Completed on: 2001-07-13 Her Majesty the Queen
2001-06-28 Motion for leave to intervene, book form, Completed on: 2001-06-28 Canadian Bar Association
2001-06-27 Motion for leave to intervene, (book form), Completed on: 2001-06-27 Joseph Roger Richard Forget
2001-06-13 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2001-06-13 Notice of intervention respecting a constitutional question Attorney General of Canada
2001-06-12 Notice of intervention respecting a constitutional question Attorney General of Alberta
2001-06-06 Notice of intervention respecting a constitutional question Attorney General of Quebec
2001-06-06 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2001-05-28 Notice of constitutional question(s) Her Majesty the Queen
2001-05-25 Order on motion to state a constitutional question
2001-05-23 Decision on the motion to state a constitutional question, CJ, by the appellant.


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 June 25, 2001.
Granted, no order as to costs
2001-05-14 Submission of motion to state a constitutional question, CJ
2001-05-11 Response to the motion to state a constitutional question, (Letter Form), from A. Harnett dated May 10, 2001 (fax copy), Completed on: 2001-05-11 Jeffrey Fink
2001-05-01 Order granting leave to appeal
2001-05-01 Letter acknowledging receipt of notice of appeal
2001-04-30 Notice of appeal, Completed on: 2001-04-30 Her Majesty the Queen
2001-04-27 Motion to state a constitutional question, Completed on: 2001-04-27 Her Majesty the Queen
2001-04-27 Correspondence received from, M. Fairburn dated Apr. 26/01re: constitutional questions (joint with 28384) Her Majesty the Queen
2001-04-20 Notice of deposit of judgment issued to all parties
2001-04-19 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-03-26 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-03-20 Respondent's response on the application for leave to appeal, (Letter Form), from A. Harnett dated March 17, 2001 re: takes no position with respect to the leave application, Completed on: 2001-03-20 Jeffrey Fink
2001-03-09 Letter acknowledging receipt of a complete application for leave to appeal
2001-02-26 Correspondence received from, from K.L. Collins dated Feb. 26/01 (by fax) re: no publication ban Her Majesty the Queen
2001-02-20 Correspondence received from, R.E. Houston, Q.C. dated Feb. 20/01 (by fax) re: identical issues raised in 28384 - 28144 - 27852 Her Majesty the Queen
2001-01-15 Application for leave to appeal, Completed on: 2001-01-15 Her Majesty the Queen