Docket

30240

Ronaldo Lising v. Her Majesty the Queen

(British Columbia) (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)
2005-12-13 Appeal closed
2005-11-18 Formal judgment sent to the registrar of the court of appeal and all parties
2005-11-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-11-17 Judgment on the appeal rendered, (Joint reasons with 30151), CJ Ba Bi De F Abe Cha, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA028747, 2004 BCCA 33, dated January 22, 2004, heard on May 18, 2005 is dismissed.
Dismissed
2005-06-07 Transcript received, 77 pages (joint with 30151)
2005-05-18 Judgment reserved OR rendered with reasons to follow
2005-05-18 Acknowledgement and consent for video taping of proceedings, from all parties.
2005-05-18 Supplemental document, Intervener's Condensed book - submitted in Court - 15 copies. Attorney General of Ontario
2005-05-18 Hearing of the appeal, 2005-05-18, CJ Ba Bi De F Abe Cha
Judgment reserved
2005-05-10 Order on motion to extend time
2005-05-10 Decision on motion to extend time, to serve and file the intervener, A.G. Ont., factum to Apr. 20/05 and book of authorities to Apr. 25/05 and to present oral argument, Ma
Granted
2005-05-09 Correspondence received from, Burke-Robertson re: enclosing an Amended Factum (joint avec 30151) (sent to the judges May 11/05) Attorney General of Ontario
2005-05-09 Submission of motion to extend time, Ma
2005-05-05 Response to motion to extend time, (joint with 30151), Completed on: 2005-05-05 Her Majesty the Queen
2005-05-04 Notice of appearance, S. David Frankel and Ronald C. Reimer will be present at hearing. Her Majesty the Queen
2005-04-25 Motion to extend time, (Joint with 30151 and request for oral argument), Completed on: 2005-04-25 Attorney General of Ontario
2005-04-25 Book of authorities, Joint with 30151 (Motion rec'd Apr. 25/05), Completed on: 2005-04-26 Attorney General of Ontario
2005-04-20 Intervener's factum - AG on constitutional question, (Joint with 30151) Motion rec'd Apr. 25/05) (AMENDED FACTUM served and filed May 9/05 - sent to the judges May 10/05), Completed on: 2005-04-26 Attorney General of Ontario
2005-04-08 Book of authorities, (Joint with 30151), Completed on: 2005-04-08 Attorney General of British Columbia
2005-04-08 Intervener's factum - AG on constitutional question, (Joint with 30151), Completed on: 2005-04-08 Attorney General of British Columbia
2005-04-05 Discontinuance of motion to extend time, filed on feb. 22/05 by A.G. Ont. Attorney General of Ontario
2005-03-31 Notice of withdrawal, of intervention UNDER RULE 55 ONLY (joint with 30151) Attorney General of Ontario
2005-03-18 Notice of appearance, Michael Code will be appearing at the hearing. Criminal Lawyers' Association (Ontario)
2005-03-08 Order by, De, FURTHER TO THE ORDER of Deschamps J. dated February 7, 2005, granting leave to intervene to the Criminal Lawyers' Association (Ontario);
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of these appeals.
Granted
2005-03-02 Respondent's book of authorities, (Vol. I and II - Joint with 30151), Completed on: 2005-03-02 Her Majesty the Queen
2005-03-02 Respondent's factum, (Joint with 30151), Completed on: 2005-03-02 Her Majesty the Queen
2005-03-02 Notice of hearing sent to parties
2005-02-28 Order by, CJ, Francisco Batista Pires v. Her Majesty the Queen (30151) and Ronaldo Lising v. Her Majesty the Queen (30240)
The hearing of the above mentioned appeals is adjourned to May 18, 2005. Attorneys general intervening in these appeals under Rule 61shall serve and file their factums and books of authorities on or before April 18, 2005.
Granted
2005-02-25 Book of authorities, (Joint with 30151), Completed on: 2005-02-25 Criminal Lawyers' Association (Ontario)
2005-02-25 Intervener's factum, (Joint with 30151), Completed on: 2005-02-25 Criminal Lawyers' Association (Ontario)
2005-02-25 Correspondence received from, Gowlings by e-mail dated Feb. 25/05 re: appeal being heard on a later date (joint with 30151)
Ronaldo Lising
2005-02-25 Appeal perfected for hearing
2005-02-24 Response to motion to extend time, (joint with 30151), Completed on: 2005-02-24 Her Majesty the Queen
2005-02-23 Notice of intervention respecting a constitutional question, (joint with 30151) Attorney General of British Columbia
2005-02-22 Motion to extend time, to file the intervener's factum and authorities to March 2/05 (joint with 30151), Completed on: 2005-02-22 Attorney General of Ontario
2005-02-18 Notice of intervention respecting a constitutional question, (joint with 30151) Attorney General of Ontario
2005-02-17 Notice of constitutional question(s), (joint with 30151) Ronaldo Lising
2005-02-15 Order on motion to extend time
2005-02-15 Decision on motion to extend time, De, to serve and file the respondent's factum and book of authorities to March 2/05 and to present oral argument at the hearing of the appeal
Granted
2005-02-15 Submission of motion to extend time, De
2005-02-15 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2005-02-15 Decision on the motion to state a constitutional question, CJ, The application for an extension of time is granted.
The constitutional questions are stated as follows:
1. Does the common law rule set out in R. v. Garofoli, [1990] 2 S.C.R. 1421, with respect to cross-examination on the affidavit filed in support of an application to intercept private communications infringe s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, 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. Does the common law rule set out in R. v. Garofoli, [1990] 2 S.C.R. 1421, with respect to cross-examination on the affidavit filed in support of an application to intercept private communications infringe s. 8 of the Canadian Charter of Rights and Freedoms?
4. If so, 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?
5. Does the common law rule set out in R. v. Garofoli, [1990] 2 S.C.R. 1421, with respect to cross-examination on the affidavit filed in support of an application to intercept private communications infringe s. 11(d) of the Canadian Charter of Rights and Freedoms?
6. If so, 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?
The appellants shall serve the attorneys general with a notice of constitutional questions forthwith. Any attorney general who intends to participate in these appeals shall serve and file a notice of intervention on or before February 25, 2005.
Granted
2005-02-14 Correspondence received from, Robert Frater dated Feb. 14/05 re: is seeking to present oral argument at the hearing of the appeal (joint with 30151) Her Majesty the Queen
2005-02-14 Response to motion to extend time, e-mail from Gowlings dated Feb. 14/05 (joint with 30151), Completed on: 2005-02-14 Ronaldo Lising
2005-02-09 Motion to extend time, to file the respondent's factum and authorities to March 2/05 (joint with 30151), Completed on: 2005-02-09 Her Majesty the Queen
2005-02-08 Submission of motion to state a constitutional question, CJ
2005-02-08 Reply to the motion to state a constitutional question, e-mail from Gowlings dated Feb. 8/05 (joint with 30151), Completed on: 2005-02-08 Ronaldo Lising
2005-02-08 Response to the motion to state a constitutional question, (Letter Form), from S. David Frankel, Q.C. dated Feb. 8/05 (joint with 30151), Completed on: 2005-02-08 Her Majesty the Queen
2005-02-07 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2005-02-07 Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicant, Attorney General of 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 February 25, 2005.
The motion for leave to intervene of the applicant, 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 February 25, 2005.
The request to present oral argument is deferred to a date following the perfecting of the appeal.
The interveners shall not be entitled to raise new issues or 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
2005-02-07 Submission of motion for leave to intervene, De
2005-02-07 Motion to state a constitutional question, (joint with an extension of time)(joint wih 30151), Completed on: 2005-02-07 Ronaldo Lising
2005-01-31 Response to the motion for leave to intervene, Completed on: 2005-01-31 Ronaldo Lising
2005-01-31 Motion for leave to intervene, (joint with 30151), Completed on: 2005-02-01 Criminal Lawyers' Association (Ontario)
2005-01-21 Response to the motion for leave to intervene, (joint with 30151), Completed on: 2005-01-21 Her Majesty the Queen
2005-01-18 Response to the motion for leave to intervene, e-mail from Gowlings dated Jan. 18/05 (joint with 30151), Completed on: 2005-01-18 Ronaldo Lising
2005-01-13 Motion for leave to intervene, (joint with 30151), Completed on: 2005-01-13 Attorney General of Ontario
2004-12-31 Appellant's book of authorities, JOINT with 30151 (see order of Dec. 23/04), Completed on: 2004-12-31 Ronaldo Lising
2004-12-31 Appellant's factum, (see order of Dec. 23/04), Completed on: 2004-12-31 Ronaldo Lising
2004-12-23 Decision on motion to extend time, to serve and file the appellants' joint record to Dec. 1/04 and to serve and file the appellants' factums and book of authorities to dec. 31/04. The respondent must file its factum and book of authorities, and record if any, by February 16, 2005, Reg
Granted
2004-12-23 Submission of motion to extend time, Reg
2004-12-22 Response to motion to extend time, of Ron Reimer (fax copy)(joint with 30151), Completed on: 2004-12-22 Her Majesty the Queen
2004-12-08 Motion to extend time, to file the factum and authorities to Dec. 31, 2004 (joint with 30151), Completed on: 2004-12-08 Ronaldo Lising
2004-12-01 Appellant's record, (24 copies of vol. 1 & 12 copies of index & vols. 2 to 15) (joint with 30151), Completed on: 2004-12-01 Ronaldo Lising
2004-11-25 Notice of hearing sent to parties
2004-11-25 Appeal hearing scheduled, 2005-05-18, (Previously Nov. 3/04, Mar. 11/05)
Judgment reserved
2004-08-10 Notice of appeal, Completed on: 2004-08-10 Ronaldo Lising
2004-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-06-25 Judgment on leave sent to the parties
2004-06-24 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 for British Columbia (Vancouver), Number CA028747, dated January 22, 2004, is granted.
Granted
2004-06-07 Order on motion to quash, (per the Court)
2004-06-07 Judgment reserved OR rendered with reasons to follow, RESERVED on application for leave to appeal, to be determined in due course.
2004-06-07 Hearing of the application for leave to appeal, 2004-06-07, CJ Ma Bi LeB F
Decision reserved
2004-06-07 Decision on the motion to quash the appeal, CJ Ma Bi LeB F
Granted
2004-06-07 Hearing of the motion to quash, 2004-06-07, CJ Ma Bi LeB F
Decision rendered
2004-06-07 Correspondence received from, R. Frater re: motions (joint with 30151) (sent to the judges June 7/04) Her Majesty the Queen
2004-06-03 Respondent's condensed book, 15 copies re: motion to quash (from the Crown)(joint with 30151)(sent to the judges on June 4, 2004) Her Majesty the Queen
2004-06-03 Motion to file a reply factum on appeal, to the respondent's motion to quash (joint with 30151) - book form - 15 copies (sent to the judges on June 4, 2004), Completed on: 2004-06-03 Her Majesty the Queen
2004-06-03 Response to motion to extend time, (Letter Form), from R. Frater dated June 3, 2004 (joint with 30151)(sent to the judges on June 4, 2004), Completed on: 2004-06-03 Her Majesty the Queen
2004-06-02 Motion to extend time, to file the Notice of Appeal to March 29/04 (joint with 30151)(sent to the judges on June 4, 2004), Completed on: 2004-06-02 Ronaldo Lising
2004-05-31 Correspondence (sent by the Court) to, to all parties re: in response to the request for oral hearing (sent by fax)
2004-05-31 All materials on application for leave submitted to the Judges, 2004-06-07, CJ Ma Bi LeB F
Decision reserved
2004-05-28 Order on motion to extend time
2004-05-28 Decision on motion to extend time, to serve and file the appellant's response to the motion to quash to May 25/04, DeRg
Granted
2004-05-28 Submission of motion to extend time, DeRg
2004-05-27 Correspondence received from, Greg DelBigio dated 05/26/04 in response to Mr. Froess' letter of 05/25/04 (joint with 30151) Ronaldo Lising
2004-05-26 Response to motion to extend time, (Letter Form), from Ernie Froess dated 05/06/04 (joint with 30151), Completed on: 2004-05-26 Her Majesty the Queen
2004-05-26 Motion to extend time, to file the response to the Motion to Quash to 05/25/04 (joint with 30151), Completed on: 2004-05-26 Ronaldo Lising
2004-05-26 Submission of motion to quash, 2004-06-07, (joint with 30151), CJ Ma Bi LeB F
Decision rendered
2004-05-26 Correspondence received from, E. Froess, dated May 25/04 re: opposing the request that the quash be heard with leave application Her Majesty the Queen
2004-05-25 Correspondence received, dated May 21/04, G. DelBigio re: to hear quash and oral leave application at the same time on June 7/04
2004-05-25 Response to the motion to quash, (joint with 30151) (sent to the judges May 26/04), Completed on: 2004-05-26 Ronaldo Lising
2004-05-14 Letter acknowledging receipt of a complete application for leave to appeal
2004-05-10 Applicant's reply to respondent's argument, Completed on: 2004-05-10 Ronaldo Lising
2004-05-10 Correspondence received from, G. DelBigio (by fax) re: will file response to Motion to Quash by May 25/04 as per Mr. Westlake Ronaldo Lising
2004-04-29 Motion to quash, (Joint with 30151) (sent to the judges May 26/04), Completed on: 2004-05-06 Her Majesty the Queen
2004-04-27 Respondent's response on the application for leave to appeal, (Joint with 30151), Completed on: 2004-04-27 Her Majesty the Queen
2004-04-23 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2004-03-30 Book of authorities Ronaldo Lising
2004-03-30 Application for leave to appeal, (signed reasons of the C/A at Tab A of the Pires leave application (#30151)), Completed on: 2004-05-06 Ronaldo Lising
2004-03-29 Notice of appeal, (see decision of June 7/04 - As of Right quashed), Completed on: 2004-06-02 Ronaldo Lising
2004-03-18 Order on motion to extend the time to file and/or serve the leave application
2004-03-18 Decision on motion to extend time to file and /or serve the leave application, to March 30/04,, LeB
Granted
2004-03-18 Submission of motion to extend time to file and/ or serve the leave application, LeB
2004-03-18 Response to the motion to extend the time to file and / or serve the leave application, Letter Form, from Ernie Froess dated 03/16/04., Completed on: 2004-03-18 Ronaldo Lising
2004-03-18 Motion to extend the time to file and or serve the application for leave to appeal, to 03/30/03, Receipt No: 0459 (joint with 30151)., Completed on: 2004-03-18 Ronaldo Lising
2004-01-30 Notice of application for leave to appeal, (Email Ferancisco Pires from Ed Van Bemmel, dated March 25/04 stating there is no publication ban.) Receipt no: 0238 (joint with 30151). Ronaldo Lising