Docket

29477

Philip Henry Mann v. Her Majesty the Queen

(Manitoba) (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)
2005-05-04 Appeal closed
2004-10-28 Decision on the motion for a re-hearing of the appeal, Ma Ba Bi LeB De F, The respondent's application to dispense with the requirement that an affidavit be filed in support of the motion for a rehearing is granted. The motion for a rehearing is dismissed.

Paragraph 40 of the French version of the reasons for judgment released July 23, 2004, is amended. The second sentence should read as follows:

Un tel pouvoir de fouille n'existe pas de manière autonome; le policier doit croire, pour des motifs raisonnables, que sa propre sécurité ou celle d'autrui est menacée.

Dismissed
2004-10-08 All material on motion for a re-hearing of the appeal submitted to Justices, Ma Ba Bi LeB De F
2004-09-27 Correspondence received from, S. David Frankel, Q.C. dated 09/24/04 joint with a judgment of the B.C. Court of Appeal in R. v. Greaves (sent to the judges Oct. 12/04) Her Majesty the Queen
2004-09-15 Reply to the response to the motion for a re-hearing of the appeal, (book form) (sent to the judges Oct. 12/04) Her Majesty the Queen
2004-09-07 Response to the motion for a re-hearing of the appeal, (Letter Form), from Michal Fairburn dated 09/07/04 (sent to the judges Oct. 12/04), Completed on: 2004-09-07 Attorney General of Ontario
2004-09-07 Book of authorities, (sent to the judges Oct. 12/04), Completed on: 2004-09-16 Criminal Lawyers' Association (Ontario)
2004-09-07 Response to the motion for a re-hearing of the appeal, (sent to the judges Oct. 12/04), Completed on: 2004-09-16 Criminal Lawyers' Association (Ontario)
2004-09-03 Response to the motion for a re-hearing of the appeal, (sent to the judges Oct. 12/04), Completed on: 2004-09-03 Philip Henry Mann
2004-09-03 Response to the motion for a re-hearing of the appeal, (sent to the judges Oct. 12/04), Completed on: 2004-09-03 Canadian Association of Chiefs of police
2004-08-23 Motion for a re-hearing of the appeal, (sent to the judges Oct. 12/04), Completed on: 2004-08-23 Her Majesty the Queen
2004-07-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-07-23 Judgment on the appeal rendered, Ia Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR01-30-05120, dated September 25, 2002, heard on March 26, 2004 is allowed, the judgment of the Court of Appeal is set aside and the acquittal is restored, Bastarache and Deschamps JJ. dissenting.

Allowed
2004-07-21 Correspondence received from, Burke-Robertson (K. Collins) dated July 21, 2004 (via e-mail) re: no objection to Mr. Frankel's letter dated July 12, 2004 Attorney General of Ontario
2004-07-12 Correspondence received from, D. Frankel dated July 6, 2004 re: enclosing a decision from USA dated June 21, 2004 (other parties's position requested) - sent to the judges on July 20, 2004 Her Majesty the Queen
2004-07-12 Correspondence received from, A. Sansregret re: confirming the correct spelling of Philip with one ¨L¨ (by fax) Philip Henry Mann
2004-05-13 Transcript received, (92 pages)
2004-04-20 Supplemental factum, permission from the Court granted at hearing (sent to Juges April 21/04). Philip Henry Mann
2004-03-26 Judgment reserved OR rendered with reasons to follow
2004-03-26 Respondent's book of authorities, (Supplemental) with the permission of the Court (sent to the judges March 26/04), Completed on: 2004-03-26 Her Majesty the Queen
2004-03-26 Supplemental factum, with the permission of the Court (sent to the judges March 26/04) Her Majesty the Queen
2004-03-26 Book of authorities, (Condensed) recvd in court, 14 copies., Completed on: 2004-03-26 Criminal Lawyers' Association (Ontario)
2004-03-26 Acknowledgement and consent for video taping of proceedings, from all parties.
2004-03-26 Hearing of the appeal, 2004-03-26, Permission granted on the bench for the respondent's to file a supplemental factum and authorities. The appellant;s have permission to reply in two weeks (Apr 9/04)., Ia Ma Ba Bi LeB De F
Judgment reserved
2004-03-24 Notice of appearance, Greg Preston and Brad Mandrusiak will be present at hearing. Canadian Association of Chiefs of police
2004-03-17 Notice of appearance, Christopher D. Bredt and Elissa M. Goodman will be present at hearing. Canadian Civil Liberties Association
2004-03-12 Notice of appearance, S. David Frankel, Q.C. and François Lacasse will be present at hearing. Her Majesty the Queen
2003-12-19 Notice of hearing sent to parties, (revised)
2003-12-17 Order on motion to strike out, (BY FISH J.)
2003-12-17 Decision on motion to strike out, F, UPON APPLICATION by the respondent for an order striking paragraphs 31 and 32 of the factum of the Intervener Criminal Lawyers' Association (Ontario) and paragraph 30 of the factum of the intervener, Canadian Civil Liberties Association;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2003-12-15 Submission of motion to strike out, F
2003-12-11 Reply to motion to strike out, (Letter Form), from Robert Frater dated 12/11/03, Completed on: 2003-12-11 Her Majesty the Queen
2003-12-05 Response to motion to strike out, book form, Completed on: 2003-12-05 Canadian Civil Liberties Association
2003-12-05 Response to motion to strike out, book form, Completed on: 2003-12-05 Criminal Lawyers' Association (Ontario)
2003-12-02 Decision on motion to adjourn the hearing of the appeal, CJ, This appeal, now scheduled to be heard on December 5, 2003, shall be adjourned to a date to be set by the Registrar in the Winter 2004 session.
Granted
2003-12-02 Submission of motion to adjourn the hearing of the appeal, CJ
2003-12-02 Response to the motion to adjourn the hearing of the appeal, (by e-mail & fax), Completed on: 2003-12-02 Attorney General of Ontario
2003-12-02 Response to the motion to adjourn the hearing of the appeal, Completed on: 2003-12-02 Canadian Association of Chiefs of police
2003-12-02 Response to the motion to adjourn the hearing of the appeal, (Letter Form), from Christopher D. Bredt dated 12/01/03, Completed on: 2003-12-02 Canadian Civil Liberties Association
2003-12-01 Decision on motion to extend time, to serve and file the intervener, Attorney General of Ontario, book of authorities to Nov. 20/03, Reg
Granted
2003-12-01 Submission of motion to extend time, Reg
2003-12-01 Response to motion to strike out, (Letter Form), from Michal Fairburn dated 12/01/03, Completed on: 2003-12-01 Attorney General of Ontario
2003-12-01 Response to the motion to adjourn the hearing of the appeal, (Letter Form), from Nelligan O'Bien Payne dated 12/01/03, Completed on: 2003-12-01 Criminal Lawyers' Association (Ontario)
2003-12-01 Response to motion to strike out, (Letter Form), from Gowlings dated 12/01/03 (joint with response to motion to adjourn the hearing), Completed on: 2003-12-01 Philip Henry Mann
2003-12-01 Response to the motion to adjourn the hearing of the appeal, (Letter Form), from Gowlings dated 12/01/03, Completed on: 2003-12-01 Philip Henry Mann
2003-11-28 Response to motion to strike out, Completed on: 2003-11-28 Canadian Association of Chiefs of police
2003-11-28 Motion to adjourn the hearing of the appeal, Completed on: 2003-11-28 Her Majesty the Queen
2003-11-27 Motion to strike out, (bookform) paragraphs 31 & 32 of Criminal Lawyers' Ass. factum and paragraph 30 of Canadian Civil Liberties factum, Completed on: 2003-11-27 Her Majesty the Queen
2003-11-26 Response to motion to extend time, Completed on: 2003-11-26 Her Majesty the Queen
2003-11-20 Motion to extend time, to file the authorities to Nov. 20, 2003, Completed on: 2003-11-21 Attorney General of Ontario
2003-11-20 Book of authorities, (motion for extension of time rec'd Nov. 20/03), Completed on: 2003-11-20 Attorney General of Ontario
2003-11-20 Order by, F, UPON APPLICATIONS by the Attorney General for Ontario, the Canadian Association of Chiefs of Police, the Criminal Lawyers' Association (Ontario) and the Canadian Civil Liberties Association for leave to intervene in the above appeal and pursuant to the order of October 20, 2003;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are earch granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2003-11-19 Notice of appearance, from Robert Frater Her Majesty the Queen
2003-11-17 Book of authorities, Completed on: 2003-11-17 Canadian Civil Liberties Association
2003-11-17 Supplemental document, (Law Review - A Failed Experiment) Canadian Civil Liberties Association
2003-11-17 Intervener's factum, Completed on: 2003-11-17 Canadian Civil Liberties Association
2003-11-17 Book of authorities, Completed on: 2003-11-17 Criminal Lawyers' Association (Ontario)
2003-11-17 Supplemental document, (Legislation - Part VI of Factum) Criminal Lawyers' Association (Ontario)
2003-11-17 Intervener's factum, Completed on: 2003-11-17 Criminal Lawyers' Association (Ontario)
2003-11-17 Intervener's factum, Completed on: 2003-11-17 Attorney General of Ontario
2003-11-14 Book of authorities, Completed on: 2003-11-14 Canadian Association of Chiefs of police
2003-11-14 Intervener's factum, Completed on: 2003-11-14 Canadian Association of Chiefs of police
2003-10-20 Respondent's book of authorities, Completed on: 2003-10-20 Her Majesty the Queen
2003-10-20 Respondent's factum, Completed on: 2003-10-20 Her Majesty the Queen
2003-10-20 Order on motion for leave to intervene
2003-10-20 Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, the Attorney General for Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 17, 2003.
The motion for leave to intervene of the applicant, the Canadian Association of Chiefs of Police, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 17, 2003.
The motion for leave to intervene of the applicant, the Criminal Lawyers' Association (Ontario), is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 17, 2003.
The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 17, 2003.
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 shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2003-10-20 Submission of motion for leave to intervene, F
2003-10-17 Response to the motion for leave to intervene, from Gowlings (by e-mail) to CCLA, CLA and Chiefs of Police, Completed on: 2003-10-17 Philip Henry Mann
2003-10-14 Appeal perfected for hearing
2003-09-23 Response to the motion for leave to intervene, Completed on: 2003-09-23 Her Majesty the Queen
2003-09-16 Motion for leave to intervene, Completed on: 2003-09-16 Canadian Civil Liberties Association
2003-09-15 Response to the motion for leave to intervene, (Letter Form), from R. Frater dated Sept. 15, 2003 (fax copy) re: interventions by Can. Ass. of Chiefs of Police and Criminal Lawyers' Ass., Completed on: 2003-09-15 Her Majesty the Queen
2003-09-12 Motion for leave to intervene, (book form), Completed on: 2003-09-12 Criminal Lawyers' Association (Ontario)
2003-09-03 Motion for leave to intervene, book form, Completed on: 2003-09-04 Canadian Association of Chiefs of police
2003-08-29 Notice of hearing sent to parties
2003-08-28 Response to the motion for leave to intervene, (Letter Form), from E. Van Bemmel (via E-Mail), Completed on: 2003-08-28 Philip Henry Mann
2003-08-28 Appeal hearing scheduled, 2004-03-26, (previously Dec. 5/03)
Judgment reserved
2003-08-18 Appellant's book of authorities, (Original with service filed Aug. 25/03), Completed on: 2003-08-25 Philip Henry Mann
2003-08-18 Appellant's factum, (Original with service filed Aug. 25/03), Completed on: 2003-08-25 Philip Henry Mann
2003-07-29 Response to the motion for leave to intervene, (Letter Form), from Gowlings (via e-mail), Completed on: 2003-07-29 Philip Henry Mann
2003-07-22 Motion for leave to intervene, Completed on: 2003-07-22 Attorney General of Ontario
2003-07-10 Order on motion to extend time
2003-07-09 Appellant's record, Completed on: 2003-07-09 Philip Henry Mann
2003-07-04 Decision on motion to extend time, Reg, to serve and file the appellant's factum and book of authorities to August 17/03.
Granted
2003-07-04 Submission of motion to extend time, Reg
2003-07-04 Response to motion to extend time, Completed on: 2003-07-04 Her Majesty the Queen
2003-07-03 Motion to extend time, to file the factum and authorities to Aug. 17, 2003, Completed on: 2003-07-03 Philip Henry Mann
2003-04-24 Notice of appeal, Completed on: 2003-04-24 Philip Henry Mann
2003-04-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2003-03-28 Judgment on leave sent to the parties
2003-03-27 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR01-30-05120, dated September 25, 2002, is granted.
Granted
2003-02-03 All materials on application for leave submitted to the Judges, G Ma Arb
2003-01-29 Letter acknowledging receipt of a complete application for leave to appeal
2002-12-19 Respondent's response on the application for leave to appeal, Completed on: 2002-12-19 Her Majesty the Queen
2002-12-02 Correspondence received from, E. Van Bemmel (E-Mail) re: amended leave application Philip Henry Mann
2002-11-19 Application for leave to appeal, (amended Leave Application filed Nov. 28/02), Completed on: 2003-01-29 Philip Henry Mann