Docket

28945

Her Majesty the Queen v. Jerimiah Josia Johnson

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2003-10-08 Appeal closed
2003-09-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-09-26 Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA025295, dated October 4, 2001, heard on January 16, 2003, is dismissed. The Court of Appeal's decision to order a new sentencing hearing is confirmed. The hearing is to be determined in accordance with the principles set out in the reasons.
Dismissed
2003-03-27 Order on miscellaneous motion, (BY DEPUTY REGISTRAR)
2003-03-27 Decision on miscellaneous motion, DeRg, UPON APPLICATION by counsel on behalf of the intervener, the Attorney General of Canada, for an order permitting the filing of a recent decision of the British Columbia Court of Appeal in R. v. Muir dated February 3, 2003;
IT IS HEREBY ORDERED THAT:
The motion is granted. The recent decision of the British Columbia Court of Appeal in R. v. Muir dated February 3, 2003 will be placed before the Court, together with the responses to the motion filed on behalf of the respondents.
Granted
2003-03-24 Submission of miscellaneous motion, DeRg
2003-03-17 Reply to miscellaneous motion, (Letter Form), from R. Frater re: does not intent to file a reply (joint with 28946 - 29140 - 29083 - 29043), Completed on: 2003-03-17 Attorney General of Canada
2003-03-14 Response to miscellaneous motion, (joint with 28946 and 29043), Completed on: 2003-03-14 Jerimiah Josia Johnson
2003-03-07 Notice of miscellaneous motion, to file a supplemental authority (12 copies) (joint with 28946 - 29140 - 29083 - 29043), Completed on: 2003-03-21 Attorney General of Canada
2003-01-27 Transcript received, (166 pp.) (joint with/avec 28946, 29043, 29083, 29140)
2003-01-16 Acknowledgement and consent for video taping of proceedings, (joint with 28946, 29043, 29083, 29140, 28945)
2003-01-16 Judgment reserved OR rendered with reasons to follow
2003-01-16 Hearing of the appeal, 2003-01-16, (V006/V007), CJ G Ia Ma Ba Bi Arb LeB De
Judgment reserved
2003-01-15 Respondent's condensed book, 13 copies (joint with/avec 28946) Jerimiah Josia Johnson
2003-01-13 Notice of appearance, (Letter Form), of Ian W. Bulmer (fax), dated 01/13/03. Attorney General for the Province of Ontario
2003-01-10 Supplemental document, letter from G. Tomljanovic dated 01-08-03 re: enclosing two additional authorities / lettre de G. Tomljanovic en date du 01-08-03 re: incluant deux autorités additionnelles (joint 28946) Attorney General of Alberta
2003-01-07 Notice of appearance, (Letter Form), of Robert J. Frater and David Schermbrucker (fax), dated 01/07/03. Attorney General of Canada
2003-01-07 Decision on motion to extend time, to file the appellant's suppl. authorities to 19-12-02/pour produire des sources suppl. de l'appelante (joint with/avec 28946, 29043, 29083, 29140, 28945, Reg
Granted
2003-01-07 Submission of motion to extend time, Reg
2003-01-03 Notice of hearing, (joint with/avec 28946, 29083, 29140, 29043) Her Majesty the Queen
2002-12-19 Motion to extend time, (to file the suppl. authorities to 19-12-02/pour produire des sources suppl.)(joint with/avec 28946, 29043, 29083, 29140), Completed on: 2002-12-19 Her Majesty the Queen
2002-12-19 Appellant's book of authorities, (suppl.)(joint with/avec 28946, 29043, 29083, 29140), Completed on: 2002-12-19 Her Majesty the Queen
2002-12-13 Order on motion for leave to intervene, (15 MINUTES EACH ORAL ARGUMENT GRANTED TO A.G. -CANADA, ALBERTA & ONTARIO BY MAJOR J.)
2002-12-12 Reply factum on appeal, Completed on: 2002-12-12 Her Majesty the Queen
2002-12-11 Order on motion to file a reply factum on appeal
2002-12-11 Decision on the motion to file a reply factum on appeal, Reg, by the appellant
Granted
2002-12-11 Submission of motion to file a reply factum on appeal, Reg
2002-12-06 Response to motion to file a reply factum on appeal, (Letter Form), G. McKinnon dated/datée 26-11-02 (fax copy/télécopieur), Completed on: 2002-12-06 Jerimiah Josia Johnson
2002-12-06 Motion to file a reply factum on appeal, Completed on: 2002-12-06 Her Majesty the Queen
2002-12-05 Correspondence received from, Gowlings (12-05-02) time allocation / temps de plaidoirie Jerimiah Josia Johnson
2002-12-05 Correspondence received from, (fax) R. Frater (12-05-02) accepts proposed oral argument; accepte plaidoirie orale Attorney General of Canada
2002-12-02 Correspondence received from, W. Ehrcke (12-02-02) time allocation / temps de plaidoirie Her Majesty the Queen
2002-11-29 Correspondence (sent by the Court) to, Toutes parties; estimation du temps - All parties; time estimate
2002-11-29 Appeal hearing scheduled, 2003-01-16
Judgment reserved
2002-11-26 Correspondence received from, W. Ehrcke (11-21-02) time allocation / temps de plaidoirie Her Majesty the Queen
2002-11-22 Correspondence received from, (by fax) William F. Ehrcke; re: time estimate for oral submission - 2 hours + time for reply; way of proceeding for oral submissions for the 5 appeals Her Majesty the Queen
2002-11-21 Correspondence received from, (e-mail) Gowlings; re: respondents' counsel in all 5 appeals will take a total of 3 hours and 30 mins. Jerimiah Josia Johnson
2002-11-21 Order on motion to extend time
2002-11-21 Decision on motion to extend time, DeRg, to serve and file the respondent's factum and book of authorities to October 7, 2002.
Granted
2002-11-21 Submission of motion to extend time, DeRg
2002-11-08 Response to motion to extend time, (Letter Form), (by fax) dated Nov. 8/02 from Burke-Robertson (joint with 28946), Completed on: 2002-11-08 Her Majesty the Queen
2002-11-06 Motion to extend time, to file the respondent' factum and authorities to Oct. 7/02 (joint with 28946), Completed on: 2002-11-06 Jerimiah Josia Johnson
2002-11-04 Book of authorities, Completed on: 2002-11-04 Attorney General for the Province of Ontario
2002-11-04 Intervener's factum, Completed on: 2002-11-04 Attorney General for the Province of Ontario
2002-11-01 Book of authorities, (joint with 28946), Completed on: 2002-11-01 Attorney General of Alberta
2002-11-01 Intervener's factum, (joint with 28946), Completed on: 2002-11-01 Attorney General of Alberta
2002-10-07 Respondent's book of authorities, vol. I & II (joint with 28946), Completed on: 2002-11-06 Jerimiah Josia Johnson
2002-10-07 Respondent's factum, (joint with 28946), Completed on: 2002-11-06 Jerimiah Josia Johnson
2002-09-26 Order issued on motion for a stay of execution, (by Bastarache J.)
2002-09-26 Decision on the motion for a stay of execution, Ba,
UPON APPLICATION by appellant Her Majesty The Queen for a stay of the Court of Appeal's judgments dated October 4, 2001ordering new sentence hearings;

AND HAVING READ the material filed ;

IT IS HEREBY ORDERED THAT:

The application for a stay is granted.
Granted
2002-09-26 Submission of motion for a stay of execution, Ba
2002-09-18 Response to the motion for a stay of execution, (Letter Form), from G. McKinnon dated Sept. 13/02, Completed on: 2002-09-18 Jerimiah Josia Johnson
2002-09-18 Motion for a stay of execution, (joint with 28946), Completed on: 2002-09-18 Her Majesty the Queen
2002-08-16 Appeal perfected for hearing, Session beginning on 2003-01-13
2002-08-02 Book of authorities, (See decision of July 5/02 - joint with 28946 - 29140 - 29083 - 29043), Completed on: 2002-08-02 Attorney General of Canada
2002-08-01 Intervener's factum, (See decision of July 5/02 - joint with 28946 - 29140 - 29083 - 29043), Completed on: 2002-08-01 Attorney General of Canada
2002-07-05 Order on motion for leave to intervene, (by Major J.)
2002-07-05 Decision on the motion for leave to intervene, Ma, The motion for an extension of time and for leave to intervene of the applicant ATTORNEY GENERAL OF CANADA is granted and the applicant shall be entitled to serve and file a joint factum not to exceed 20 pages in length.

The intervener shall serve and file its factum in all five appeals no later than six (6) weeks after the appellant serves and files its factums in Johnson (28945) and Edgar (28946) and the respondents in these said two (2) appeals shall serve and file their factums no later than six (6) weeks after the intervener serves and files its factum.

The respondents in Kelly (29140), Mitchell (29083) and Smith (29043) shall serve and file their factums whichever is the later of a) eight (8) weeks after that of the appellant or b) six (6) weeks after that of the intervener.

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 DECEMBER 13, 2002).

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
2002-07-05 Decision on motion to extend time, Ma, to intervene by the Attorney General of Canada (see decision on motion to intervene).
Granted
2002-07-05 Submission of motion to extend time, Ma
2002-07-05 Submission of motion for leave to intervene, Ma
2002-07-03 Response to the motion for leave to intervene, (conditional - joint with 28946 - 29043 - 29083 - 29140), Completed on: 2002-07-03 Jerimiah Josia Johnson
2002-06-27 Response to motion to extend time, (1 copy), Completed on: 2002-06-27 Her Majesty the Queen
2002-06-27 Correspondence received from, W. Ehrcke dated June 21, 2002 re: publication ban (joint with 28946) Her Majesty the Queen
2002-06-24 Motion to extend time, to serve and file the Motion to Intervene to June 12/02 (joint with 28946), Completed on: 2002-06-24 Attorney General of Canada
2002-06-24 Appellant's book of authorities, (joint with 28946 - 29043 - 29083 - 29140), Completed on: 2002-06-24 Her Majesty the Queen
2002-06-21 Appellant's factum, Completed on: 2002-06-21 Her Majesty the Queen
2002-06-19 Response to the motion for leave to intervene, Completed on: 2002-06-19 Her Majesty the Queen
2002-06-17 Appellant's record, Vol. I to VIII, Completed on: 2002-06-17 Her Majesty the Queen
2002-06-11 Motion for leave to intervene, (extension of time requested), Completed on: 2002-06-11 Attorney General of Canada
2002-06-10 Correspondence received from, (by fax) Burke-Robertson; re: 5 appeals should be heard together - propose to file a main factum (Johnson 28945) and file brief factums on the unique facts and/or aspects in the other four matters Her Majesty the Queen
2002-05-30 Order on motion for leave to intervene, (BY MAJOR J.)
2002-05-30 Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL FOR THE PROVINCE OF ONTARIO. 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 DECEMBER 13, 2002).

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
2002-05-30 Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL 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 DECEMBER 13, 2002).

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
2002-05-30 Submission of motion for leave to intervene, Ma
2002-05-02 Correspondence received from, Howard Leibovich (by fax) dated May 1/02 re intervention only in this principal case Attorney General for the Province of Ontario
2002-04-19 Motion for leave to intervene, book form, Completed on: 2002-04-19 Attorney General for the Province of Ontario
2002-04-17 Motion for leave to intervene, 2 copies, Completed on: 2002-04-17 Attorney General of Alberta
2002-02-25 Order granting leave to appeal
2002-02-21 Notice of appeal, Completed on: 2002-02-21 Her Majesty the Queen
2002-02-20 Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Jan. 16/03)
2002-02-18 Correspondence received, from J. Blazina, counsel for the Respondent in 29043 dated Feb. 15, 2002 re: similar issue with 28946 and 29043
2002-02-15 Notice of deposit of judgment issued to all parties
2002-02-14 Judgment of the Court on the application for leave to appeal, The application for leave to apeal is granted.
Granted
2002-01-21 All materials on application for leave submitted to the Judges, CJ Ia Arb
2002-01-15 Correspondence received from, H. Brown dated Jan. 15, 2002 re: supports the Crown's request for an expedited resolution Jerimiah Josia Johnson
2002-01-10 Correspondence received from, R.E. Houston, Q.C. dated Jan. 10/02 re: seeking to expedite leave application and enclosing Affidavit (joint with 28946) Her Majesty the Queen
2002-01-10 Correspondence received from, G.J. Fitch dated Jan. 10/02 re: publication ban and to expedite leave application (joint with 28946) Her Majesty the Queen
2002-01-09 Applicant's reply to respondent's argument, (Letter Form), from B. MacLean dated Jan. 7, 2002 (fax copy)(joint with 28946) re: will not be filing a reply, Completed on: 2002-01-09 Her Majesty the Queen
2001-12-18 Letter acknowledging receipt of a complete application for leave to appeal
2001-12-11 Respondent's response on the application for leave to appeal, Completed on: 2001-12-11 Jerimiah Josia Johnson
2001-11-28 Application for leave to appeal, Completed on: 2001-11-28 Her Majesty the Queen