Docket

29920

Her Majesty the Queen v. David Jeff Elias

(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)
2005-07-08 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 02-30-05277, dated May 30, 2003, heard on October 12, 2004, is allowed and the order for a new trial is confirmed, with costs of the appeal to the respondent on a solicitor-client basis, LeBel and Fish JJ. dissenting. The respondent's request for leave to cross-appeal is denied. The constitutional questions are answered as follows:
1. Does s. 76.1(1) of The Highway Traffic Act, S.M. 1985-86, c. 3 (H60), as amended, to the extent that it authorizes a peace officer to question the driver of a motor vehicle about his or her prior alcohol consumption, 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 question the driver of a motor vehicle about his or her prior alcohol consumption, 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.
Allowed, with costs
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 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 29793) Attorney General of Alberta
2004-10-07 Response to motion to extend time, (Letter Form), from Gowlings dated Oct. 6, 2004 (via e-mail)(jont with 29793) re: extension by A.G. Sask., Completed on: 2004-10-07 Her Majesty the Queen
2004-10-06 Correspondence received from, G.T. Trotter dated Oct. 5/04 re: error in paragraph 15 of the factum (joint with 29793) (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 Motion to extend time, to file and serve the factum and authorities to Oct. 4, 2004 (joint with 29793), Completed on: 2004-10-06 Attorney General for Saskatchewan
2004-10-06 Motion to extend time, to apply for leave to Cross-Appeal and for an Order granting leave to Cross-Appeal (10 copies) (sent to the judges Oct. 7/04), Completed on: 2004-10-06 David Jeff Elias
2004-10-04 Book of authorities, Joint with 29793 (motion for ext. of time and late service requested), Completed on: 2004-10-07 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 Notice of appearance, Jacques Blais and Gilles Laporte will be present at hearing. Attorney General of Quebec
2004-09-30 Book of authorities, (joint with 29793), Completed on: 2004-09-30 Attorney General of Alberta
2004-09-30 Intervener's factum - AG on constitutional question, (joint with 29793), Completed on: 2004-09-30 Attorney General of Alberta
2004-09-29 Book of authorities, Completed on: 2004-09-29 Attorney General of Quebec
2004-09-29 Intervener's factum - AG on constitutional question, service missing, Completed on: 2004-10-01 Attorney General of Quebec
2004-09-28 Intervener's factum, Completed on: 2004-09-28 Criminal Lawyers' Association (Ontario)
2004-09-28 Notice of appearance, Robert W. Hubbard and Valerie Hartney will be present at hearing. Attorney General of Canada
2004-09-23 Book of authorities, (Joint with 29793), Completed on: 2004-09-23 Attorney General of British Columbia
2004-09-23 Intervener's factum - AG on constitutional question, (Joint with 29793), Completed on: 2004-09-23 Attorney General of British Columbia
2004-09-22 Intervener's factum - AG on constitutional question, Completed on: 2004-09-22 Attorney General of Canada
2004-09-22 Book of authorities, 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
2004-09-10 Response to the motion for leave to intervene, (e-mail), Completed on: 2004-09-10 Her Majesty the Queen
2004-09-03 Book of authorities, (joint with 29793), Completed on: 2004-09-03 Attorney General of Ontario
2004-09-03 Intervener's factum - AG on constitutional question, (joint with 29793), Completed on: 2004-09-03 Attorney General of Ontario
2004-09-02 Respondent's book of authorities, Completed on: 2004-09-02 David Jeff Elias
2004-09-02 Respondent's factum, Completed on: 2004-09-02 David Jeff Elias
2004-09-02 Respondent's record, Completed on: 2004-09-02 David Jeff Elias
2004-08-31 Response to the motion for leave to intervene, (by e-mail), Completed on: 2004-08-31 David Jeff Elias
2004-08-27 Appeal perfected for hearing
2004-08-26 Motion for leave to intervene, Completed on: 2004-08-26 Criminal Lawyers' Association (Ontario)
2004-08-09 Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to Sept. 704, Reg
Granted
2004-08-09 Submission of motion to extend time, Reg
2004-08-06 Motion to extend time, to serve and file the respondent's factum, record and book of authorities to Sept. 7), Completed on: 2004-08-06 David Jeff Elias
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
2004-06-30 Appellant's book of authorities, Completed on: 2004-06-30 Her Majesty the Queen
2004-06-30 Appellant's factum, Completed on: 2004-06-30 Her Majesty the Queen
2004-06-25 Appellant's record, (1 copy missing), Completed on: 2004-06-30 Her Majesty the Queen
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 Alberta
2004-05-13 Notice of intervention respecting a constitutional question Attorney General of British Columbia
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 Quebec
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, CJ, 1. Does s. 76.1(1) of The Highway Traffic Act, S.M. 1985-86, c. 3 (H60), as amended, to the extent that it authorizes a peace officer to question the driver of a motor vehicle about his or her prior alcohol consumption, 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 question the driver of a motor vehicle about his or her prior alcohol consumption, 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
2004-03-17 Response to the motion to state a constitutional question, (Letter Form), from J. Miller (by fax) re: will not file a response to the motion, Completed on: 2004-03-17 David Jeff Elias
2004-03-02 Motion to state a constitutional question, Completed on: 2004-03-17 Her Majesty the Queen
2004-02-27 Notice of appeal, Completed on: 2004-02-27 Her Majesty the Queen
2004-02-26 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-02-23 Correspondence received from, Henry S. Brown, Q.C. dated 02/23/04 re: request that this appeal be heard with Orbanski v. R. #29793 Her Majesty the Queen
2004-02-13 Judgment on leave sent to the parties
2004-02-12 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 02-30-05277, dated May 30, 2003, is granted on condition that the applicant pays the costs of the appeal for the Respondent, David Jeff Elias, on a solicitor-client basis in any event of the cause.
Granted, costs on a solicitor client basis
2004-01-26 Correspondence received from, Henry S. Brown, Q.C. re: Objective Summary (sent to the judges Jan. 28/04) Her Majesty the Queen
2004-01-19 All materials on application for leave submitted to the Judges, Ia Bi Arb
2004-01-19 Submission of motion to expedite the application for leave to appeal, Ia Bi Arb
2004-01-09 Motion to expedite the application for leave to appeal, (and if leave granted, to be heard with 29793 - Orbanski v. Queen) (amended motion filed on Jan. 12 - service rec'd Jan. 20/04), Completed on: 2004-01-20 Her Majesty the Queen
2003-12-08 Correspondence received from, Brodsky & Co. re: Respondent will not take part in the leave David Jeff Elias
2003-09-08 Letter acknowledging receipt of an incomplete application for leave to appeal
2003-08-29 Book of authorities Her Majesty the Queen
2003-08-29 Application for leave to appeal, (Trial Order rec'd Sept. 19/03), Completed on: 2003-09-22 Her Majesty the Queen