Docket

31496

Her Majesty the Queen v. A. M.

(Ontario) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2008-05-02 Appeal closed
2008-04-28 Formal judgment sent to the registrar of the court of appeal and all parties
2008-04-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2008-04-25 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C42056, dated April 28, 2006, heard on May 22, 2007, is dismissed, Bastarache, Deschamps and Rothstein JJ. dissenting.
Dismissed
2007-06-11 Transcript received, (141 pages)
2007-05-22 Judgment reserved OR rendered with reasons to follow
2007-05-22 Intervener's condensed book, Submitted in Court (14 copies) Joint Attorney General of Quebec
2007-05-22 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2007-05-22 Acknowledgement and consent for video taping of proceedings, From all parties
2007-05-22 Hearing of the appeal, 2007-05-22, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2007-05-15 Notice of appearance, Thomas McRae will be appearing. St. Clair Catholic District School Board
2007-05-15 Notice of appearance, Kenneth D. Madsen will be present at the hearing. Attorney General of British Columbia
2007-05-15 Notice of appearance, Martha Mackinnon will be present at the hearing. Canadian Foundation for Children, Youth and the Law (Justice for Children and Youth)
2007-05-09 Notice of appearance, Jonathan C. Lisus, Christopher A. Wayland and Sarah Corman will be appearing. Canadian Civil Liberties Association
2007-05-08 Notice of appearance, Gilles Laporte and Dominique A. Jobin will be appearing. Attorney General of Quebec
2007-05-04 Response to motion to extend time, (by Crim. Lawyers' Ass.), Completed on: 2007-05-04 Her Majesty the Queen
2007-05-04 Order by, De, FURTHER TO THE ORDERS dated February 12 and April 5, 2007, in which Deschamps J. granted leave to intervene to the Attorney General of Quebec, the Attorney General of Ontario, the St. Clair Catholic District School Board, the Canadian Foundation for Children, Youth and the Law, the Attorney General of British Columbia, the Canadian Civil Liberties Association and Criminal Lawyers' Association (Ontario);
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
Granted
2007-05-04 Order on motion to extend time
2007-05-04 Decision on motion to extend time, to serve and file the intervener, St. Clair Catholic District School Board, factum and book of authorities to May 1/07 and to present oral argument at the hearing of the appeal, De
Granted
2007-05-04 Submission of motion to extend time, De
2007-05-04 Order on motion to extend time
2007-05-04 Decision on motion to extend time, to serve and file the intervener, Criminal Lawyers' Association (Ontario), factum and book of authorities to May 1/07 and to present oral argument at the hearing of the appeal, De
Granted
2007-05-04 Submission of motion to extend time, De
2007-05-03 Motion to extend time, to file the intervener's factum & authorities to May 1/07 (joint with 31598)
, Completed on: 2007-05-03
Criminal Lawyers' Association (Ontario)
2007-05-03 Response to motion to extend time, (by St. Clair School), Completed on: 2007-05-03 A. M.
2007-05-03 Response to motion to extend time, (by St. Clair School), Completed on: 2007-05-03 Her Majesty the Queen
2007-05-03 Motion to extend time, to file the intervener factum & authorities to May 1/07 and make oral argument, Completed on: 2007-05-11 St. Clair Catholic District School Board
2007-05-02 Order on motion to extend time
2007-05-02 Decision on motion to extend time, to serve and file the respondent's factum to Apr. 11/07 and to present oral argument at the hearing of the appeal, De
Granted
2007-05-02 Submission of motion to extend time, De
2007-05-01 Response to motion to extend time, (Letter Form), from François Lacasse dated Apr. 20/07, Completed on: 2007-05-01 Her Majesty the Queen
2007-05-01 Intervener's book of authorities, (ext. of time rec'd May 3/07), Completed on: 2007-05-03 St. Clair Catholic District School Board
2007-05-01 Intervener's factum, (ext. of time rec'd May 3/07), Completed on: 2007-05-03 St. Clair Catholic District School Board
2007-05-01 Intervener's book of authorities, (Joint with 31598), Completed on: 2007-05-03 Criminal Lawyers' Association (Ontario)
2007-05-01 Intervener's factum, (Joint with 31598 ), Completed on: 2007-05-03 Criminal Lawyers' Association (Ontario)
2007-04-30 Intervener's book of authorities, (Joint with 31598 - service rec'd May 2/07), Completed on: 2007-05-02 Attorney General of Quebec
2007-04-30 Intervener's factum, (Joint with 31598 - Part V rec'd by fax May 1/07 - service rec'd May 2/07- new CD recd' May 7/07), Completed on: 2007-05-07 Attorney General of Quebec
2007-04-30 Intervener's book of authorities, Joint with 31598, Completed on: 2007-04-30 Attorney General of British Columbia
2007-04-30 Intervener's factum, Joint with 31598 - New Part V rec'd May 2/07 - new CD rec'd May 3/07), Completed on: 2007-05-03 Attorney General of British Columbia
2007-04-30 Intervener's book of authorities, Completed on: 2007-04-30 Canadian Foundation for Children, Youth and the Law (Justice for Children and Youth)
2007-04-30 Intervener's factum, (new Part V and new CD rec'd May 3/07), Completed on: 2007-05-03 Canadian Foundation for Children, Youth and the Law (Justice for Children and Youth)
2007-04-30 Intervener's book of authorities, (joint with 31598), Completed on: 2007-04-30 Canadian Civil Liberties Association
2007-04-30 Intervener's factum, (joint with 31598) Table of content rec'd May 1/07 - CD rec'd May 8/07), Completed on: 2007-05-08 Canadian Civil Liberties Association
2007-04-25 Supplemental document, Book of Authorities - rule 29 (4), Completed on: 2007-04-25 Her Majesty the Queen
2007-04-25 Reply factum on appeal, (Pursuant to Rule 29 (4)), Completed on: 2007-04-25 Her Majesty the Queen
2007-04-17 Motion to extend time, to serve and file the factum to April 11/07 (amended notice rec'd April 23/07 and order requested April 19/07 - rec'd April 25/07), Completed on: 2007-04-25 A. M.
2007-04-11 Respondent's factum, (Motion ext. of time requested - rec'd April 17/07) CD returned - rec'd April 23/07 (CD returned and rec'd April 27/07) - CD returned and rec'd May 3, 2007, Completed on: 2007-05-04 A. M.
2007-04-11 Appeal perfected for hearing
2007-04-10 Letter sent to Intervener(s)
2007-04-05 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2007-04-05 Decision on the motion for leave to intervene, De, UPON APPLICATIONS by Attorney General of Quebec and St. Clair Catholic District School Board for leave to intervene in the appeal of A.M. (31496);
AND UPON APPLICATION by Canadian Foundation for Children, Youth and the Law for an extension of time to apply for leave to intervene and for leave to intervene in the appeal of A.M. (31496);
AND UPON APPLICATIONS by B.C. Civil Liberties Association, Attorney General of British Columbia, Canadian Civil Liberties Association and Criminal Lawyers' Association (Ontario) for an extension of time to apply for leave to intervene and for leave to intervene in the appeal of Brown (31598) and for leave to intervene in the appeal of A.M. (31496);
AND UPON APPLICATION by the respondent Her Majesty the Queen for an extension of time to respond to the motions for leave to intervene filed by the Canadian Civil Liberties Association and the Canadian Foundation for Children, Youth and the Law in the appeal of A.M. (31496);
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
INTERVENTIONS IN BOTH APPEALS, A.M. (31496) AND BROWN (31598)
The motions for an extension of time and for leave to intervene of the applicants, Attorney General of British Columbia, Canadian Civil Liberties Association and Criminal Lawyers' Association (Ontario), are granted and the applicants shall each be entitled to serve and file a single factum for both appeals not to exceed 20 pages in length on or before April 30, 2007.
The motion for an extension of time to apply for leave to intervene of the applicant, B.C. Civil Liberties Association, is granted and the motion for leave to intervene is denied.
INTERVENTIONS IN A.M. (31496)
The motions for leave to intervene of the applicants, Attorney General of Quebec and St.Clair Catholic District School Board, are granted and the applicants shall each be entitled to serve and file a single factum not to exceed 20 pages in length on or before April 30, 2007.
The motion for an extension of time and for leave to intervene of the applicant Canadian Foundation for Children, Youth and the Law, 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 April 30, 2007.
The motion of the respondent, Her Majesty the Queen, to respond to the motions for leave to intervene filed by the Canadian Civil Liberties Association and the Canadian Foundation for Children, Youth and the Law, is granted.
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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Allowed in part
2007-04-05 Submission of motion for leave to intervene, De
2007-04-03 Intervener's book of authorities, (joint with 31598), Completed on: 2007-04-03 Attorney General for Ontario
2007-04-03 Intervener's factum, (Joint with 31598), Completed on: 2007-04-03 Attorney General for Ontario
2007-04-02 Correspondence received from, S. Corman dated March 26, 2007 re: new motion with par. 9 modified (replace in motion book) Canadian Civil Liberties Association
2007-03-30 Reply to the motion for leave to intervene, 3 copies - book form, Completed on: 2007-03-30 Canadian Civil Liberties Association
2007-03-30 General proceeding, change of law firm and contact information, B. Olthuis B.C. Civil Liberties Association
2007-03-29 Correspondence received from, Walter Fox dated March 26/07 re: will raise s.9 issue (sent to the Court April 10/07) A. M.
2007-03-23 Motion to extend time, to file a response to motions to intevene by Can. Civil Liberties Ass. and Canadian Foundation for Children to March 23, 2007 (joint with 31598) - 3 copies, Completed on: 2007-03-23 Her Majesty the Queen
2007-03-23 Response to the motion for leave to intervene, (Letter Form), from Don Beardall re: intervention by Canadian Civil Liberties (joint with 31598), Completed on: 2007-03-23 Her Majesty the Queen
2007-03-23 Response to the motion for leave to intervene, (Letter Form), from Don Beardall re: intervention by Canadian Foundation for Children, Completed on: 2007-03-23 Her Majesty the Queen
2007-03-15 Motion to extend time, to serve the motion for leave to intervene (bookform), Completed on: 2007-03-15 Canadian Foundation for Children, Youth and the Law (Justice for Children and Youth)
2007-03-14 Notice of hearing sent to parties
2007-03-13 Appeal hearing scheduled, 2007-05-22
Judgment reserved
2007-03-12 Response to the motion for leave to intervene, (Letter Form), From François Lacasse dated March 12/07 (by St. Clair Cath. District), Completed on: 2007-03-12 Her Majesty the Queen
2007-03-12 Response to the motion for leave to intervene, (by BC Cvil Lib. Ass.), Completed on: 2007-03-12 A. M.
2007-03-09 Motion for leave to intervene, (bookform) (service upon Queen rec'd March 15/07), Completed on: 2007-03-15 Canadian Foundation for Children, Youth and the Law (Justice for Children and Youth)
2007-03-09 Motion for leave to intervene, (bookform), Completed on: 2007-03-09 St. Clair Catholic District School Board
2007-03-09 Motion for leave to intervene, (bookform) (joint with 31598), Completed on: 2007-03-09 Canadian Civil Liberties Association
2007-03-08 Response to the motion for leave to intervene, (by Can. Civil Liberties), Completed on: 2007-03-08 A. M.
2007-03-06 Response to the motion for leave to intervene, (Letter Form) from François Lacasse dated March 5/07 (by BC Civil Liberties and AGBC)(joint with 31598)
, Completed on: 2007-03-06
Her Majesty the Queen
2007-03-01 Motion for leave to intervene, (joint with 31598), Completed on: 2007-03-01 Attorney General of British Columbia
2007-02-28 Motion for leave to intervene, (bookform) (joint with 31598), Completed on: 2007-02-28 B.C. Civil Liberties Association
2007-02-23 Order on miscellaneous motion
2007-02-23 Decision on miscellaneous motion, Reg, (a) to file and serve a joint book of authorities for use in both appeals;
(b) an extension of time to file a joint book of authorities in Kang Brown up to and including February 9th, 2007; and
(c) to file 14 copies of its joint book in A.M., and one copy only in Kang Brown.

Granted
2007-02-22 Submission of miscellaneous motion, Reg
2007-02-15 Response to the motion for leave to intervene, (Letter Form), consent to the motion of the AGQ - cc to all parties, Completed on: 2007-02-15 Her Majesty the Queen
2007-02-15 Response to the motion for leave to intervene, (Letter Form), of CLA from S. David Frankel, Q.C. dated Feb. 14/07 (joint with 31598), Completed on: 2007-02-15 Her Majesty the Queen
2007-02-15 Motion for leave to intervene, Completed on: 2007-02-15 Attorney General of Quebec
2007-02-13 Letter sent to Intervener(s)
2007-02-12 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2007-02-12 Decision on the motion for leave to intervene, De, The motion for leave to intervene by the Attorney General of Quebec in the Brown (31598) appeal is granted. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for an extension of time to apply for leave to intervene and for leave to intervene by the Attorney General of Ontario in the Brown (31598) appeal is granted. The motion for leave to intervene by the Attorney General of Ontario in the A.M. (31496) appeal is granted. The applicant shall be entitled to serve and file a single joint factum in these appeals, not to exceed 20 pages in length.
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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2007-02-12 Submission of motion for leave to intervene, De
2007-02-09 Notice of miscellaneous motion, to file joint authorities with 31598, Completed on: 2007-02-09 Her Majesty the Queen
2007-02-09 Appellant's book of authorities, (joint with 31598), Completed on: 2007-02-09 Her Majesty the Queen
2007-02-09 Appellant's factum, Completed on: 2007-02-09 Her Majesty the Queen
2007-02-06 Motion for leave to intervene, (joint with 31598)
, Completed on: 2007-02-06
Criminal Lawyers' Association (Ontario)
2007-02-01 Appellant's record, Completed on: 2007-02-01 Her Majesty the Queen
2007-01-26 Correspondence received, from Brent B. Olthuis dated Jan. 25/07 re: BCCLA will intervene
2007-01-23 Response to the motion for leave to intervene, consent from F. Lacasse, Completed on: 2007-01-23 Her Majesty the Queen
2007-01-12 Motion for leave to intervene, Completed on: 2007-01-12 Attorney General for Ontario
2006-12-12 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-11-24 Correspondence received from, Robert Frater dated Nov. 24/06 re: filing deadlines for the hearing (joint with 31598) Her Majesty the Queen
2006-11-22 Notice of appeal, Completed on: 2006-11-22 Her Majesty the Queen
2006-11-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2006-11-17 Judgment on leave sent to the parties
2006-11-16 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 Ontario, Number C42056, dated April 28, 2006, is granted. This appeal is to be heard with Gurmakh Kang Brown v. Her Majesty the Queen (31598) and the schedule for filing and serving material shall be set by the Registrar.
Granted
2006-10-23 All materials on application for leave submitted to the Judges, CJ Cha Ro
2006-08-18 Applicant's reply to respondent's argument, Completed on: 2006-08-18 Her Majesty the Queen
2006-08-15 Respondent's response on the application for leave to appeal, Completed on: 2006-08-15 A. M.
2006-06-19 Letter acknowledging receipt of a complete application for leave to appeal
2006-06-16 Application for leave to appeal, Completed on: 2006-06-16 Her Majesty the Queen