Docket
31598
Gurmakh Kang Brown v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| 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 of Alberta (Calgary), Number 0501-0184-A, 2006 ABCA 199, dated June 26, 2006, heard on May 22, 2007, is allowed and the conviction is set aside. Bastarache, Deschamps and Rothstein JJ. dissenting. Allowed |
|
| 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 | 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 |
|
| 2007-05-17 | Notice of appearance, Frank Addario and Emma Phillips will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2007-05-14 | Notice of appearance, Alison Wheeler and Robert Hubbard will be present at the hearing. | Attorney General of Ontario |
| 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 |
| 2007-05-08 | Notice of appearance, Kenneth J. Yule, Q.C., Jolaine Antonio and Lisa Matthews will be appearing. | 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, 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 | Response to motion to extend time, (Letter Form), from Gowlings dated May 2/07 (by Crim. Lawyers' Ass.), Completed on: 2007-05-03 | Gurmakh Kang Brown |
| 2007-05-03 | Motion to extend time, to file the intervener's factum & authorities to May 1/07 (joint with 31496), Completed on: 2007-05-03 | Criminal Lawyers' Association (Ontario) |
| 2007-05-01 | Intervener's book of authorities, (Joint with 31496 ), Completed on: 2007-05-03 | Criminal Lawyers' Association (Ontario) |
| 2007-05-01 | Intervener's factum, (Joint with 31496, Completed on: 2007-05-03 | Criminal Lawyers' Association (Ontario) |
| 2007-04-30 | Intervener's book of authorities, (Joint with 31496 - service rec'd May 2/07), Completed on: 2007-05-02 | Attorney General of Quebec |
| 2007-04-30 | Intervener's factum, (Joint with 31496 - Part V rec'd May 1/07 - Service rec'd May 2/07 - new CD rec'd May 7/07), Completed on: 2007-05-07 | Attorney General of Quebec |
| 2007-04-30 | Intervener's book of authorities, Joint with 31496, Completed on: 2007-04-30 | Attorney General of British Columbia |
| 2007-04-30 | Intervener's factum, Joint with 31496 - 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, (joint with 31496), Completed on: 2007-04-30 | Canadian Civil Liberties Association |
| 2007-04-30 | Intervener's factum, (joint with 31496), CD rec'd May 8/07), Completed on: 2007-05-08 | Canadian Civil Liberties Association |
| 2007-04-27 | Notice of appearance, James Lutz and Alias Sanders will be present at the hearing. | Gurmakh Kang Brown |
| 2007-04-10 | Letter sent to Intervener(s) | |
| 2007-04-05 | Order on motion for leave to intervene, (BY DESCCHAMPS 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 31496), Completed on: 2007-04-03 | Attorney General of Ontario |
| 2007-04-03 | Intervener's factum, (joint with 31496), Completed on: 2007-04-03 | Attorney General of Ontario |
| 2007-03-27 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated March 27/07, Completed on: 2007-03-27 | Gurmakh Kang Brown |
| 2007-03-23 | Motion to extend time, to file the response to the motions to intervene by Canadian Civil Liberties Ass. and Can. Foundation for Children to March 23, 2007 (joint with 31496), 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 Ass. (joint with 31496), Completed on: 2007-03-23 | Her Majesty the Queen |
| 2007-03-14 | Notice of hearing sent to parties | |
| 2007-03-14 | Response to the motion for leave to intervene, and for an extension of time (Letter Form) from Henry S. Brown, Q.C. dated March 13/07, Completed on: 2007-03-14 | Gurmakh Kang Brown |
| 2007-03-09 | Motion for leave to intervene, (bookform) (joint with an extension of time), Completed on: 2007-03-09 | Canadian Civil Liberties Association |
| 2007-03-07 | Response to the motion for leave to intervene, and to extend time (Letter Form) from Alias Sanders dated March 6/07 (by Can. Civil Liberties), Completed on: 2007-03-07 | Gurmakh Kang Brown |
| 2007-03-06 | Response to the motion for leave to intervene, and for an extension of time (Letter Form) from François Lacasse dated March 5/07 (by BC Civil Liberties and AGBC)(joint with 31496), Completed on: 2007-03-06 | Her Majesty the Queen |
| 2007-03-02 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated March 2/07, Completed on: 2007-03-02 | Gurmakh Kang Brown |
| 2007-03-01 | Motion for leave to intervene, (joint with an extension of time) (joint with 31496), Completed on: 2007-03-01 | Attorney General of British Columbia |
| 2007-02-28 | Motion for leave to intervene, (bookform) (joint with motion to extend time) (joint with 31496), 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 | |
| 2007-02-20 | Correspondence received from, Henry S. Brown, Q.C. dated Feb. 20/07 re: Mr. Frankel's letter of Feb. 14/07 | Gurmakh Kang Brown |
| 2007-02-19 | Response to miscellaneous motion, (Letter Form), by Gowlings re: consent, Completed on: 2007-02-19 | Gurmakh Kang Brown |
| 2007-02-15 | Response to the motion for leave to intervene, (Letter Form), from S. David Frankel, Q.C. dated Feb. 14/07 (joint with 31496)(by Crim. Lawyers' Ass.), Completed on: 2007-02-15 | Her Majesty the Queen |
| 2007-02-13 | Response to miscellaneous motion, (Letter Form), Consent received from Gowling, Completed on: 2007-02-13 | Gurmakh Kang Brown |
| 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 31496 and ext. of time to Feb. 9/07, Completed on: 2007-02-09 | Her Majesty the Queen |
| 2007-02-09 | Respondent's book of authorities, (Joint with 31496), Completed on: 2007-02-09 | Her Majesty the Queen |
| 2007-02-08 | Notice of appearance, Alias Amelia Sanders and James Lutz will be present at the hearing. | Gurmakh Kang Brown |
| 2007-02-07 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Feb. 7/07 (by Criminal Lawyers' Ass.), Completed on: 2007-02-07 | Gurmakh Kang Brown |
| 2007-02-07 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Feb. 6/07 (by A.G. of Ont. and QC) (and BCCLA to be filed), Completed on: 2007-02-07 | Gurmakh Kang Brown |
| 2007-02-06 | Motion for leave to intervene, (joint with an extension of time)(joint with 31496), Completed on: 2007-02-06 | Criminal Lawyers' Association (Ontario) |
| 2007-02-06 | Correspondence received from, Mr. Frankel dated Feb. 2/07 re: will file joint Authorities with 31496 with motion for ext. of time (cc. to all parties) | Her Majesty the Queen |
| 2007-02-06 | Respondent's factum, Completed on: 2007-02-06 | Her Majesty the Queen |
| 2007-02-05 | Appeal perfected for hearing | |
| 2007-02-01 | Respondent's record, Completed on: 2007-02-01 | Her Majesty the Queen |
| 2007-01-29 | Correspondence received, from Brent B. Olthuis datedJan. 25/07 re: BCCLA will intervene | |
| 2007-01-22 | Response to the motion for leave to intervene, re: intervention and extension by A.G. Ontario, Completed on: 2007-01-22 | Her Majesty the Queen |
| 2007-01-22 | Response to the motion for leave to intervene, re: intervention by A. G. Quebec, Completed on: 2007-01-22 | Her Majesty the Queen |
| 2007-01-12 | Motion for leave to intervene, (joint with an extension of time), Completed on: 2007-01-12 | Attorney General of Ontario |
| 2007-01-09 | Motion for leave to intervene, 3 copies, Completed on: 2007-01-09 | Attorney General of Quebec |
| 2006-12-14 | Order on motion to extend time | |
| 2006-12-14 | Decision on motion to extend time, (1) to file the appellant's record to December 1st, 2006; (2) to serve and file the appellant's factum and book of authorities to December 11, 2006; and (3) to serve the appellant's record to December 11, 2006, Reg Granted |
|
| 2006-12-14 | Submission of motion to extend time, Reg | |
| 2006-12-14 | Motion to extend time, (to file and serve Factum and Authorities Dec. 11/06 and Records file Dec. 1 and served Dec. 11/06), Completed on: 2006-12-14 | Gurmakh Kang Brown |
| 2006-12-13 | Response to motion to extend time, (consent rec'd by fax), Completed on: 2006-12-13 | Her Majesty the Queen |
| 2006-12-11 | Appellant's book of authorities, (affidavit of service rec'd Dec. 14/06), Completed on: 2007-01-02 | Gurmakh Kang Brown |
| 2006-12-11 | Appellant's factum, (affidavit of service rec'd Dec. 14/06) - New CD rec'd Jan. 15/07, Completed on: 2007-01-15 | Gurmakh Kang Brown |
| 2006-12-04 | Correspondence received from, A. Sanders dated Dec. 3/06 (by fax) re: change of address | Gurmakh Kang Brown |
| 2006-12-01 | Notice of appearance, Alias Amelia Sanders and James Morton Lutz will be present at the hearing. | Gurmakh Kang Brown |
| 2006-12-01 | Appellant's record, (affidavit of service rec'd Dec. 14/06), Completed on: 2007-01-03 | Gurmakh Kang Brown |
| 2006-11-24 | Correspondence received from, Robert Frater dated Nov. 24/06 re: filing deadlines for the hearing (joint with 31496) |
Her Majesty the Queen |
| 2006-11-16 | Notice of hearing sent to parties | |
| 2006-11-15 | Appeal hearing scheduled, 2007-05-22, (Previously Mar. 28/07) Judgment reserved |
|
| 2006-10-24 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2006-10-04 | Correspondence received from, Alias Sanders dated Oct. 4/06 re: does not intend to file a Constitutional Question (original rec'd Oct. 10/06) | Gurmakh Kang Brown |
| 2006-09-08 | Order on motion to extend time to serve and/or file notice of appeal, (BY BINNIE J.) | |
| 2006-09-07 | Correspondence received from, A. Sanders (by fax) re: H. S. Brown, Q.C. acting as Ottawa agent | Gurmakh Kang Brown |
| 2006-09-07 | Decision on motion to extend time to serve and/or file notice of appeal, Bi, UPON APPLICATION by the appellant for an order extending the time to serve and file a notice of appeal as of right to September 6, 2006; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The application for an order extending the time to serve and file a notice of appeal as of right is granted to September 6, 2006. Granted |
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| 2006-09-07 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Bi | |
| 2006-09-07 | Response to motion to extend time to serve and/or file notice of appeal, (by fax), Completed on: 2006-09-07 | Her Majesty the Queen |
| 2006-09-06 | Motion to extend the time to serve and/or file the notice of appeal, (service missing - Rec'd on Sept. 7, 2006), Completed on: 2006-09-07 | Gurmakh Kang Brown |
| 2006-09-06 | Notice of appeal, Service missing - rec'd on Sept. 7, 2006., Completed on: 2006-09-07 | Gurmakh Kang Brown |
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