Docket

29953

Barry Wayne Riley v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

(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)
2006-01-12 Appeal closed
2005-12-16 Formal judgment sent to the registrar of the court of appeal and all parties
2005-12-16 Judgment and notice of deposit of judgment sent to all parties (re-hearing)
2005-12-15 Judgment on re-hearing rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the British Columbia Court of Appeal (Vancouver), No. CA029165, 2003 BCCA 476, dated September 8, 2003, heard on January 12, 2005, is dismissed.
Dismissed
2005-01-20 Transcript received, 84 pages (Joint with 29952)
2005-01-12 Judgment reserved on re-hearing
2005-01-12 Re-hearing of the appeal, 2005-01-12, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2005-01-12 Appellant's condensed book, Submitted in Court (14 copies) Joint with 29952 Barry Wayne Riley
2005-01-12 Acknowledgement and consent for video taping of proceedings, From all parties (Joint with 29952)
2005-01-04 Book of authorities, Joint Supplemental, Completed on: 2005-01-04 Her Majesty the Queen
2004-12-07 Notice of appearance, Gil McKinnon will be present at the hearing. Barry Wayne Riley
2004-11-25 Re-hearing scheduled, 2005-01-12
Judgment reserved
2004-11-25 Notice of re-hearing sent to the parties
2004-07-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-07-28 Judgment on the appeal rendered, Arbour J. did not take part in this decision., CJ Ia Ma Bi Arb LeB F, A re-hearing is ordered.
Rehearing ordered
2004-05-07 Transcript received, (75 pages) (joint with 29952)
2004-04-23 Judgment reserved OR rendered with reasons to follow
2004-04-23 Hearing of the appeal, 2004-04-23, CJ Ia Ma Bi Arb LeB F
Decision reserved
2004-04-23 Acknowledgement and consent for video taping of proceedings, from all parties
2004-04-22 Respondent's condensed book, (24 copies)(distributed on the bench at hearing). Her Majesty the Queen
2004-04-16 Book of authorities, to A.G. of Canada's factum (see order of April 8/04) (joint with 29952) (sent to the judges April 19/04), Completed on: 2004-04-16 Barry Wayne Riley
2004-04-16 Reply factum on appeal, to A.G. of Canada's factum (see order of April 8/04) (joint with 29952) (sent to the judges April 19/04), Completed on: 2004-04-16 Barry Wayne Riley
2004-04-08 Order on motion to strike out
2004-04-08 Decision on motion to strike out, Ia, 1) The motion striking the factum filed by the intervener, the Attorney General of Canada, is dismissed.

2) The motion permitting the filing of a reply factum by the appelllants is granted. The appellants reply factum shall be served and filed by April 16, 2004.
Allowed in part
2004-04-08 Submission of motion to strike out, Ia
2004-04-07 Book of authorities, in reply to A.G. of Ontario's factum (joint wit 29952)(sent to the Court 04/08/04), Completed on: 2004-04-07 Barry Wayne Riley
2004-04-07 Reply factum on appeal, to A.G. of Ontario (see order of 02/11/04)(joint with 29952)(sent to the Court 04/08/04), Completed on: 2004-04-08 Barry Wayne Riley
2004-04-07 Reply to motion to strike out, (bookform)(joint with 29952), Completed on: 2004-04-07 Barry Wayne Riley
2004-04-07 Order on motion to extend time
2004-04-07 Decision on motion to extend time, to serve and file the book of authorities of the respondent to March 24/04, Reg
Granted
2004-04-07 Submission of motion to extend time, Reg
2004-04-07 Response to motion to extend time, (e-mail from Gowlings), Completed on: 2004-04-07 Barry Wayne Riley
2004-04-06 Response to motion to strike out, (Letter Form), from Alexander Budlovsky dated 04/06/04 (joint with 29952), Completed on: 2004-04-06 Her Majesty the Queen
2004-04-05 Response to motion to strike out, (joint with 29952), Completed on: 2004-04-05 Attorney General of Canada
2004-04-05 Order by, Ba, UPON APPLICATIONS by the Attorney General of Canada and the Attorney General of Ontario, for leave to intervene in the above appeals and pursuant to the order of February 11, 2004
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2004-03-31 Motion to strike out, the A.G. of Canada's factum (bookform) (joint with 29952), Completed on: 2004-03-31 Barry Wayne Riley
2004-03-29 Intervener's factum, (see order of 03/25/04) (joint with 29952), Completed on: 2004-03-29 Attorney General of Ontario
2004-03-25 Order on motion to extend time
2004-03-25 Order on motion to extend time
2004-03-25 Decision on motion to extend time, Ba, to serve and file the respondent's factum and supplementary record to Mar. 18/04 and present oral argument at the hearing of the appeal
Granted
2004-03-25 Decision on motion to extend time, to serve and file the intervener, A.G. Ont., factum and book of authorities to Mar. 29/04 and present oral argument at the hearing of the appeal
, Ba
Granted
2004-03-25 Submission of motion to extend time, Ba
2004-03-24 Respondent's book of authorities, vol. 1 and 2 (joint with 29952), Completed on: 2004-03-24 Her Majesty the Queen
2004-03-24 Motion to extend time, to file the authorities to March 24, 2004 (joint with 29952), Completed on: 2004-03-24 Her Majesty the Queen
2004-03-24 Response to motion to extend time, by the A.G. of Ontario (E-Mail from Burke-Robertson dated 03/24/04)(joint with 29952), Completed on: 2004-03-24 Her Majesty the Queen
2004-03-23 Response to motion to extend time, by the A.G. of Ontario (E-Mail from Gowlings dated 03/23/04) (joint with 29952), Completed on: 2004-03-23 Barry Wayne Riley
2004-03-23 Correspondence received from, M. David Lepofsky dated 03/23/04 re: extension of time (joint with 29952) Attorney General of Ontario
2004-03-19 Notice of hearing sent to parties
2004-03-19 Motion to extend time, (Amended) to file its factum and authorities to two weeks following the receipt of the Respondent's factum (joint with 29952), Completed on: 2004-03-15 Attorney General of Ontario
2004-03-18 Appeal hearing scheduled, 2004-04-23
Decision reserved
2004-03-18 Respondent's record, SUPPLEMENTARY (joint with 29952), Completed on: 2004-03-18 Her Majesty the Queen
2004-03-18 Respondent's factum, (joint with 29952), Completed on: 2004-03-18 Her Majesty the Queen
2004-03-18 Response to motion to extend time, (Letter Form), from Gil D. McKinnon, Q.C. dated 03/17/04, Completed on: 2004-03-18 Barry Wayne Riley
2004-03-18 Motion to extend time, to file the Respondent's factum and Supplementary Record to 03/18/04(joint with 29952), Completed on: 2004-03-19 Her Majesty the Queen
2004-03-18 Correspondence received from, M. David Lepofsky (copy of a letter dated 03/18/04 to Burke-Robertson)(joint with 29952) Attorney General of Ontario
2004-03-17 Intervener's factum, (Joint with 29952), Completed on: 2004-03-17 Attorney General of Canada
2004-03-17 Book of authorities, (Vol. 1 and 2 - Joint with 29952), Completed on: 2004-03-17 Attorney General of Canada
2004-03-16 Response to motion to extend time, (Letter Form), from Gowlings dated 03/16/04 (joint with 29952), Completed on: 2004-03-16 Barry Wayne Riley
2004-03-12 Correspondence received from, M. David Lepofsky dated 03/11/04 re: extension of time (joint with 29952) Attorney General of Ontario
2004-03-08 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2004-03-08 Decision on the motion to state a constitutional question, CJ, The application to state a constitutional question by the intervener, the Attorney General of Canada, is dismissed.
Dismissed
2004-03-03 Appeal perfected for hearing
2004-02-27 Submission of motion to state a constitutional question, CJ
2004-02-26 Reply to the motion to state a constitutional question, (Letter Form), from Kenneth J. Yule, Q.C. dated 02/26/04(joint with 29952), Completed on: 2004-02-26 Attorney General of Canada
2004-02-24 Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated 02/24/04(joint with 29952), Completed on: 2004-02-24 Barry Wayne Riley
2004-02-24 Correspondence received from, Alexander Budlovsky dated 02/24/04 re: reasons to consent to Constitutional Question(joint with 29952) Her Majesty the Queen
2004-02-18 Correspondence received from, Brian Coleman dated 02/17/04 in response to Mr. Lepofsky's letter of 02/11/04(joint wiht 29952) Barry Wayne Riley
2004-02-18 Response to the motion to state a constitutional question, (Letter Form), from M. David Lepofsky dated 02/18/04(joint with 29952), Completed on: 2004-02-18 Attorney General of Ontario
2004-02-16 Response to the motion to state a constitutional question, e-mail from Burke-Robertson dated 02/16/04(joint with 29952), Completed on: 2004-02-16 Her Majesty the Queen
2004-02-12 Motion to state a constitutional question, (joint with 29952), Completed on: 2004-02-12 Attorney General of Canada
2004-02-11 Correspondence received from, D. Lepofsky dated Feb. 11, 2004 (fax copy) re: requesting a further extension to March 26, 2004 (joint with 29952) Attorney General of Ontario
2004-02-11 Order on motion for leave to intervene, (BY BASTARACHE J.)
2004-02-11 Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 30 pages in length on or before March 17, 2004.
The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 25 pages in length on or before March 17, 2004.
The requests to present oral argument are 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 raise new issues or 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
The appellant is granted permission to serve and file a reply factum on or before March 31, 2004.
Granted
2004-02-11 Submission of motion for leave to intervene, Ba
2004-02-09 Response to the motion for leave to intervene, (Letter Form), from Brian Coleman dated 02/06/04 re: does not oppose (joint with 29952), Completed on: 2004-02-09 Barry Wayne Riley
2004-02-03 Response to the motion for leave to intervene, from A. Budlovsky dated 02/03/04 re: intervention by A.G. of Canada (joint with 29952), Completed on: 2004-02-03 Her Majesty the Queen
2004-02-03 Response to the motion for leave to intervene, (Letter Form), from A. Budlovsky dated Jan. 29, 2004 (fax copy)(joint with 29952) re: intervention by A. G. Ontario, Completed on: 2004-02-03 Her Majesty the Queen
2004-01-30 Motion for leave to intervene, and to file a single factum of 25 pages (joint with 29952), Completed on: 2004-01-30 Attorney General of Canada
2004-01-29 Motion for leave to intervene, and to file a factum of 30 pages long (joint with 29952), Completed on: 2004-01-29 Attorney General of Ontario
2004-01-13 Order on motion to extend time
2004-01-09 Decision on motion to extend time, to serve and file the joint factum and book of authorities of the appellants to Jan. 7/04, Reg
Granted
2004-01-08 Submission of motion to extend time, Reg
2004-01-07 Response to motion to extend time, (Letter Form), from A. Budlovshy dated Jan. 6, 2004 (fax copy)(included in the motion), Completed on: 2004-01-07 Her Majesty the Queen
2004-01-07 Motion to extend time, to file the (joint) factum and authorities to Jan. 7, 2004 (joint with 29952), Completed on: 2004-01-07 Barry Wayne Riley
2004-01-07 Appellant's book of authorities, (Joint with 29952) (Motion for extension of time rec'd Jan. 7/04), Completed on: 2004-01-08 Barry Wayne Riley
2004-01-07 Appellant's factum, (Joint with 29952) (Motion for extension of time rec'd Jan.7/04), Completed on: 2004-01-08 Barry Wayne Riley
2003-12-23 Respondent's record, (Joint with 29952) (Proof of Service rec'd Jan. 29/04), Completed on: 2004-02-11 Her Majesty the Queen
2003-10-30 Appellant's record, Vol. I to V (joint with 29952), Completed on: 2003-10-30 Barry Wayne Riley
2003-10-22 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2003-09-19 Notice of appeal, Form 25B requested/Rec'd. Oct. 20/03 (C/A Order rec'd Oct. 15/03), Completed on: 2003-10-20 Barry Wayne Riley