Docket

32969

Donald Russell McCrimmon v. Her Majesty the Queen

(British Columbia) (Criminal) (By Leave)

(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)
2010-10-12 Appeal closed
2010-10-12 Formal judgment sent to the registrar of the court of appeal and all parties
2010-10-12 Judgment on appeal and notice of deposit of judgment sent to all parties
2010-10-08 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034450, 2008 BCCA 487, dated November 21, 2008, heard on May 12, 2009, is dismissed, LeBel, Fish and Abella JJ. dissenting.
Dismissed
2009-05-12 Judgment reserved OR rendered with reasons to follow
2009-05-12 Intervener's condensed book, Joint - Submitted in Court (14 copies) Director of Public Prosecutions of Canada
2009-05-12 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2009-05-12 Appellant's condensed book, Submitted in Court (14 copies) Donald Russell McCrimmon
2009-05-12 Acknowledgement and consent for video taping of proceedings, From all parties
2009-05-12 Hearing of the appeal, 2009-05-12, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2009-05-07 Correspondence received from, David Schermbrucker dated May 7, 2009. Re: Error at page 16 of their factum (Sent to the Court on May 8, 2009) Director of Public Prosecutions of Canada
2009-05-06 Order by, Cha, FURTHER TO THE ORDER dated March 23, 2009, granting leave to intervene to the Director of Public Prosecutions of Canada to intervene in the Sinclair (32537) and Willier (32769) appeals;
AND FURTHER TO THE ORDER dated April 16, 2009, granting leave to intervene to the Director of Public Prosecutions of Canada in the McCrimmon appeal (32969);
IT IS HEREBY FURTHER ORDERED THAT the said intervener may present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted
2009-05-05 Intervener's book of authorities, Joint with 32537 & 32769 (2 volumes), Completed on: 2009-05-05 Director of Public Prosecutions of Canada
2009-05-05 Intervener's factum, Joint with 32537 & 32769, Completed on: 2009-05-05 Director of Public Prosecutions of Canada
2009-05-05 Order on motion for leave to intervene, (BY CHARRON J.)
2009-05-05 Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Criminal Lawyer’s Association of Ontario for an order extending the time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene by the Criminal Lawyer’s Association of Ontario is granted. The said intervener is permitted to rely on its factum filed on April 21, 2009, in the Sinclair (32537) and Willier (32769) appeals;
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) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2009-05-05 Submission of motion for leave to intervene, Cha
2009-05-05 Intervener's book of authorities, CD missing - Rec'd on May 8, 2009, Completed on: 2009-05-08 Canadian Civil Liberties Association
2009-05-05 Intervener's factum, Cd missing - Rec'd on May 8, 2009, Completed on: 2009-05-08 Canadian Civil Liberties Association
2009-05-04 Appeal perfected for hearing
2009-05-01 Respondent's book of authorities, Cd missing - Rec'd on May 4, 2009, Completed on: 2009-05-04 Her Majesty the Queen
2009-05-01 Respondent's factum, CD missing - Rec'd on May 4, 2009, Completed on: 2009-05-04 Her Majesty the Queen
2009-04-30 Appeal hearing scheduled, 2009-05-12
Judgment reserved
2009-04-29 Notice of appearance, Gil McKinnon and Lisa Helps will be present at the hearing. Donald Russell McCrimmon
2009-04-29 Notice of appearance, Andras Schreck and Candice Suter will be present at the hearing. Criminal Lawyer's Association of Ontario
2009-04-28 Notice of appearance, David Schermbrucker and Christopher Mainella will be present at the hearing. Director of Public Prosecutions of Canada
2009-04-28 Response to the motion for leave to intervene, from Gowlings by email dated April 28/09 (by CLA), Completed on: 2009-04-28 Donald Russell McCrimmon
2009-04-28 Response to the motion for leave to intervene, from Burke-Robertson by email dated April 28/09 (by CLA), Completed on: 2009-04-28 Her Majesty the Queen
2009-04-28 Motion for leave to intervene, (extension of time included), Completed on: 2009-04-28 Criminal Lawyer's Association of Ontario
2009-04-27 Notice of appearance, Warren Milman and Michael Feder will be present at the hearing. British Columbia Civil LIberties Association
2009-04-24 Order by, Cha, FURTHER TO THE ORDER dated March 23, 2009, granting leave to intervene to the Attorney General of Ontario, the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association in the Sinclair (32537) and Willier (32769) appeals;
AND FURTHER TO THE ORDER dated March 23, 2009, granting leave to intervene to the Attorney General of British Columbia in the Willier appeal (32769);
AND FURTHER TO THE ORDER dated today, granting leave to intervene to the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association in the McCrimmon appeal (32969);
IT IS HEREBY FURTHER ORDERED THAT the said interveners may present oral argument not exceeding ten (10) minutes each at the hearing of the appeals.
Granted
2009-04-24 Order on motion for leave to intervene, (BY CHARRON J.)
2009-04-24 Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are granted. The intervener Canadian Civil Liberties Association shall be entitled to serve and file a factum not to exceed 15 pages in length on or before May 5, 2009. The intervener British Columbia Civil Liberties Association is permitted to rely on its factum filed on April 21, 2009, in Sinclair (32537) and Willier (32769);
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) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2009-04-24 Submission of motion for leave to intervene, Cha
2009-04-23 Notice of appearance, Mary Ainslie will be present at the hearing. Her Majesty the Queen
2009-04-22 Response to the motion for leave to intervene, by email from Burke-Robertson dated April 22/09 (by BCCLA and CCLA), Completed on: 2009-04-22 Her Majesty the Queen
2009-04-20 Response to the motion for leave to intervene, by email from Gowlings dated April 20/09 (by BCCLA and CCLA), Completed on: 2009-04-20 Donald Russell McCrimmon
2009-04-20 Response to the motion for leave to intervene, (Letter Form), included in CCLA's motion, Completed on: 2009-04-20 Donald Russell McCrimmon
2009-04-20 Motion for leave to intervene, (bookform), Completed on: 2009-04-20 Canadian Civil Liberties Association
2009-04-20 Motion for leave to intervene, (bookform), Completed on: 2009-04-20 British Columbia Civil LIberties Association
2009-04-17 Letter sent to Intervener(s)
2009-04-16 Order on motion for leave to intervene, (BY CHARRON J.)
2009-04-16 Decision on the motion for leave to intervene, Cha, The motion for leave to intervene by the Director of Public Prosecutions of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 15 pages in length on or before May 5, 2009, which is to be included in the Director of Public Prosecutions of Canada's intervener's factum in the related appeals in Sinclair v. R. (32537) and Willier v. R. (32769) and to serve and file a book of authorities.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2009-04-16 Submission of motion for leave to intervene, Cha
2009-04-14 Appellant's book of authorities, CD rec'd on April 16, 2009, Completed on: 2009-04-16 Donald Russell McCrimmon
2009-04-14 Appellant's record, (3 volumes), Completed on: 2009-04-16 Donald Russell McCrimmon
2009-04-14 Appellant's factum, CD rec'd on April 16, 2009, Completed on: 2009-04-16 Donald Russell McCrimmon
2009-04-07 Response to the motion for leave to intervene, from Mr. Van Bemmel by email dated April 7/09, Completed on: 2009-04-07 Donald Russell McCrimmon
2009-04-06 Response to the motion for leave to intervene, from Ms. Collins by email dated April 6/09, Completed on: 2009-04-06 Her Majesty the Queen
2009-04-06 Motion for leave to intervene, (original and 2 copies rec'd April 8/09), Completed on: 2009-04-06 Director of Public Prosecutions of Canada
2009-03-19 Correspondence (sent by the Court) to, Revised Timtable sent to all parties
2009-03-19 Correspondence received from, Gowlings by e-mail, re.: Appellant's Factum will be filed by April 14, 2009 Donald Russell McCrimmon
2009-03-18 Notice of appeal, Form 25B, CD rec'd Mar. 19/09, Completed on: 2009-03-18 Donald Russell McCrimmon
2009-03-18 Notice of hearing sent to parties
2009-03-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-03-18 Judgment on leave sent to the parties
2009-03-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-03-17 Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034450, 2008 BCCA 487, dated November 21, 2008, are granted. The appeal is to be heard with the appeals Trent Terrence Sinclair v. Her Majesty the Queen (32537) and Stanley James Willier v. Her Majesty the Queen (32769) on May 12, 2009.
The schedule for serving and filing material will be set by the Registrar.
Granted
2009-03-17 Decision on motion to expedite the application for leave to appeal, (see judgment)
Granted
2009-03-09 All materials on application for leave submitted to the Judges, CJ Abe Ro
2009-03-09 Submission of motion to expedite the application for leave to appeal, CJ Abe Ro
2009-02-03 Applicant's reply to respondent's argument, Joint with reply to motion to expedite, Completed on: 2009-02-03 Donald Russell McCrimmon
2009-01-30 Response to the motion to expedite the application for leave to appeal, Included in the response, Completed on: 2009-01-30 Her Majesty the Queen
2009-01-30 Respondent's response on the application for leave to appeal, Completed on: 2009-01-30 Her Majesty the Queen
2009-01-21 Motion to expedite the application for leave to appeal, Completed on: 2009-01-21 Donald Russell McCrimmon
2009-01-21 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2009-01-16 Book of authorities, Orignal and service coming- recvd Jan 20 Donald Russell McCrimmon
2009-01-16 Application for leave to appeal, Formal Order outstanding - Revised 25B recvd Jan 25/09, Completed on: 2009-01-16 Donald Russell McCrimmon