Docket
29793
Christopher Orbanski 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-07-08 | Appeal closed | |
| 2005-06-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-06-16 | Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 02-30-05168, dated March 31, 2003, heard on October 12, 2004, is dismissed and the order for a new trial is confirmed. The constitutional questions are answered as follows: 1. Do ss. 76.1(1), 263.1 and 265 of The Highway Traffic Act, S.M. 1985-86, c. 3 (H60), as amended, to the extent that they authorize a peace officer to administer physical sobriety tests to the driver of a motor vehicle, infringe s. 10(b) of the Canadian Charter of Rights and Freedoms? Yes. 2. If the answer to question 1 is in the affirmative, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Yes. LeBel and Fish JJ. would answer no. 3. Do the common law powers of a police officer, to the extent that those powers authorize the police officer to administer physical sobriety tests to the driver of a motor vehicle, infringe s. 10(b) of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. 4. If the answer to question 3 is in the affirmative, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. Dismissed |
|
| 2004-10-15 | Transcript received, (166 pages) | |
| 2004-10-15 | Order on motion to extend time, (BY ABELLA J.) | |
| 2004-10-15 | Decision on motion to extend time, Abe, UPON APPLICATION by the intervener, the Attorney General of Saskatchewan, for an order extending the time to serve and file its factum and book of authorities to October 4, 2004, and for an order to present oral argument at the hearing of this appeal. AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2004-10-12 | Submission of motion to extend time, Abe | |
| 2004-10-12 | Judgment reserved OR rendered with reasons to follow | |
| 2004-10-12 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2004-10-12 | Supplemental document, Judgment submitted in court to support oral argument. | Christopher Orbanski |
| 2004-10-12 | Hearing of the appeal, 2004-10-12, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-10-08 | Correspondence received from, J. Bowron dated Oct. 7/04 re: will file an additional authority for his oral presentation (joint with 29920) | Attorney General of Alberta |
| 2004-10-06 | Correspondence received from, G.T. Trotter dated Oct. 5/04 re: error in paragraph 15 of the factum (joint with 29920) (sent to the judges Oct. 8/04) | Criminal Lawyers' Association (Ontario) |
| 2004-10-06 | Notice of appearance, e-mail from Gowlings advising that Thomson Irvine and Alan Jacobson will be present at hearing. | Attorney General for Saskatchewan |
| 2004-10-06 | Response to motion to extend time, (Letter Form), from Gowlings dated Oct. 6, 2004 (via e-mail)(joint with 29920 re: extension by A.G. Sask., Completed on: 2004-10-06 | Her Majesty the Queen |
| 2004-10-06 | Motion to extend time, to file and serve the factum and authorities to Oct. 4, 2004 (joint with 29920), Completed on: 2004-10-06 | Attorney General for Saskatchewan |
| 2004-10-04 | Intervener's factum - AG on constitutional question, (Motion for ext. of time and late service requested), Completed on: 2004-10-07 | Attorney General for Saskatchewan |
| 2004-10-04 | Book of authorities, Joint with 29920 (Motion for ext. to time and late service requested), Completed on: 2004-10-07 | Attorney General for Saskatchewan |
| 2004-09-30 | Book of authorities, (joint with 29920), Completed on: 2004-09-30 | Attorney General of Alberta |
| 2004-09-30 | Intervener's factum - AG on constitutional question, (joint with 29920), Completed on: 2004-09-30 | Attorney General of Alberta |
| 2004-09-28 | Notice of appearance, Robert W. Hubbard and Valerie Hartley will be present at hearing. | Attorney General of Canada |
| 2004-09-23 | Book of authorities, (Joint with 29920), Completed on: 2004-09-23 | Attorney General of British Columbia |
| 2004-09-23 | Intervener's factum - AG on constitutional question, (Joint with 29920), Completed on: 2004-09-23 | Attorney General of British Columbia |
| 2004-09-22 | Intervener's factum - AG on constitutional question, (Joint with 29920), Completed on: 2004-09-22 | Attorney General of Canada |
| 2004-09-22 | Book of authorities, (Joint with 29920), Completed on: 2004-09-22 | Attorney General of Canada |
| 2004-09-14 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2004-09-14 | Decision on the motion for leave to intervene, Bi, The motion for an extension of time to apply for leave to intervene and 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 single factum not to exceed 20 pages in length on or before September 30, 2004. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. IT IS HEREBY FURTHER ORDERED THAT the said intervener, the Criminal Lawyers' Association (Ontario), is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of these appeals. Granted |
|
| 2004-09-13 | Submission of motion for leave to intervene, Bi | |
| 2004-09-03 | Book of authorities, (joint with 29920), Completed on: 2004-09-03 | Attorney General of Ontario |
| 2004-09-03 | Intervener's factum - AG on constitutional question, (joint with 29920), Completed on: 2004-09-03 | Attorney General of Ontario |
| 2004-09-01 | Response to the motion for leave to intervene, re: will not respond (by e-mail), Completed on: 2004-09-01 | Her Majesty the Queen |
| 2004-08-30 | Response to the motion for leave to intervene, (Letter Form), S.A. Inness (by fax), Completed on: 2004-08-30 | Christopher Orbanski |
| 2004-08-30 | Correspondence received from, Advising of change in firm name | Christopher Orbanski |
| 2004-08-26 | Motion for leave to intervene, Completed on: 2004-08-26 | Criminal Lawyers' Association (Ontario) |
| 2004-08-16 | Appeal perfected for hearing | |
| 2004-08-11 | Respondent's book of authorities, Completed on: 2004-08-11 | Her Majesty the Queen |
| 2004-08-11 | Respondent's factum, Completed on: 2004-08-11 | Her Majesty the Queen |
| 2004-08-11 | Correspondence received from, Sarah Inness re: name of law firm changed to Pinx Campbell Inness | Christopher Orbanski |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-26 | Notice of withdrawal | Attorney General of New Brunswick |
| 2004-07-15 | Appeal hearing scheduled, 2004-10-12 Judgment reserved |
|
| 2004-07-02 | Supplemental document, (Table of Contents to Book of Authorities) | Christopher Orbanski |
| 2004-06-30 | Appellant's book of authorities, (Vol. 1 to 4), Completed on: 2004-06-30 | Christopher Orbanski |
| 2004-06-30 | Appellant's record, Completed on: 2004-06-30 | Christopher Orbanski |
| 2004-06-30 | Appellant's factum, Completed on: 2004-06-30 | Christopher Orbanski |
| 2004-05-14 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2004-05-13 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2004-05-13 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2004-05-12 | Notice of intervention respecting a constitutional question | Attorney General of New Brunswick |
| 2004-05-12 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2004-04-16 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2004-04-15 | Notice of constitutional question(s), (service on April 15, 2004) | Her Majesty the Queen |
| 2004-04-07 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2004-04-07 | Decision on the motion to state a constitutional question, (REVISED July 12, 2004), CJ, The motin to extend the time to serve and file a motion to state constitutional questions is granted. 1. Do ss. 76.1(1), 263.1 and 265 of The Highway Traffic Act, S.M. 1985-86, c. 3 (H60), as amended, to the extent that they authorize a peace officer to administer physical sobriety tests to the driver of a motor vehicle, infringe s. 10(b) of the Canadian Charter of Rights and Freedoms? 2. If the answer to question 1 is in the affirmative, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do the common law powers of a police officer, to the extent that those powers authorize the police officer to administer physical sobriety tests to the driver of a motor vehicle, infringe s. 10(b) of the Canadian Charter of Rights and Freedoms? 4. If the answer to question 3 is in the affirmative, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2004-03-25 | Submission of motion to state a constitutional question, CJ | |
| 2004-03-02 | Reply to the motion to state a constitutional question, (bookform), Completed on: 2004-03-02 | Her Majesty the Queen |
| 2004-02-24 | Response to the motion to state a constitutional question, (book form), Completed on: 2004-02-24 | Christopher Orbanski |
| 2004-02-18 | Correspondence received from, S. A. Inness dated Feb. 17/04 (by fax) re: not opposing the extension of time and will file response to motion to constitutional questions | Christopher Orbanski |
| 2004-02-10 | Motion to state a constitutional question, joint with an extension of time, Completed on: 2004-02-10 | Her Majesty the Queen |
| 2004-01-16 | Notice of appeal, Completed on: 2004-01-16 | Christopher Orbanski |
| 2003-12-30 | Judgment on leave sent to the parties | |
| 2003-12-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-12-18 | 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 AR 02-30-05168, dated March 31, 2003, is granted. Granted |
|
| 2003-11-03 | All materials on application for leave submitted to the Judges, Ia Bi Arb | |
| 2003-07-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-07-04 | Applicant's reply to respondent's argument, Completed on: 2003-07-21 | Christopher Orbanski |
| 2003-06-27 | Book of authorities | Her Majesty the Queen |
| 2003-06-27 | Respondent's response on the application for leave to appeal, Completed on: 2003-07-08 | Her Majesty the Queen |
| 2003-05-29 | Book of authorities | Christopher Orbanski |
| 2003-05-29 | Application for leave to appeal, (Provincial Court reasons rec'd June 3/03), Completed on: 2003-07-08 | Christopher Orbanski |
- Date modified: