Docket
33751
Her Majesty the Queen v. Yat Fung Albert Tse, et al.
(British Columbia) (Criminal) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-20 | Appeal closed | |
| 2012-04-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-04-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-04-13 | Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the British Columbia Supreme Court, Number 23900, 2008 BCSC 211, dated February 22, 2008, heard on November 18, 2011, is dismissed but subparas. 1 through 6 of the trial judge’s order, found at para. 454 of his reasons, are set aside. Section 184.4 of the Criminal Code is declared unconstitutional. The declaration of invalidity is suspended for a period of 12 months. Dismissed, no order as to costs |
|
| 2012-03-09 | Supplemental document, copy of Bill C-30 (sent to the Court March 9/12), Completed on: 2012-03-09 | Her Majesty the Queen |
| 2012-03-08 | Order on miscellaneous motion, (BY THE REGISTRAR) | |
| 2012-03-08 | Decision on miscellaneous motion, Reg, UPON APPLICATION by the the appellant, for an order directing that the Court receive a copy of Bill C-30 (An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts), tabled for First Reading in the House of Commons on February 14, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted |
|
| 2012-03-08 | Submission of miscellaneous motion, Reg | |
| 2012-03-07 | Reply to miscellaneous motion, email from Burke-Robertson dated March 7/12 re will not respond further, Completed on: 2012-03-07 | Her Majesty the Queen |
| 2012-02-27 | Response to miscellaneous motion, (Letter Form), from Simon R. Buck dated Feb. 27/12, Completed on: 2012-02-27 | Yat Fung Albert Tse |
| 2012-02-24 | Notice of miscellaneous motion, for an order directing that the Court receive documentation and information namely a copy of Bill C-30, Completed on: 2012-02-24 | Her Majesty the Queen |
| 2012-02-17 | Correspondence received from, Robert E. Houston, Q.C. dated Feb. 16/12 re submission of Bill C-30 to the Court | Her Majesty the Queen |
| 2011-12-05 | Transcript received, (105 pages) | |
| 2011-11-18 | Judgment reserved OR rendered with reasons to follow, The stay of the declaration of constitutional invalidity of s. 184.4 of the Criminal Code is extended until the disposition of the appeal | |
| 2011-11-18 | Respondent's condensed book, Submitted in Court (14 copies) | Yat Fung Albert Tse |
| 2011-11-18 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-11-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-11-18 | Hearing of the appeal, 2011-11-18, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2011-11-03 | Notice of appearance, Roy Millen and Laura Cundari will be present at the hearing. | British Columbia Civil Liberties Association |
| 2011-11-03 | Notice of appearance, Fredrick Schumann and Joseph Wilkinson will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2011-10-20 | Notice of appearance, Christopher Wayland and Michael Rosenberg will be present at the hearing. | Canadian Civil Liberties Association |
| 2011-10-19 | Order by, Cro, FURTHER TO THE ORDER dated August 10, 2011, granting leave to intervene to the Criminal Lawyers' Association (Ontario), the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-10-18 | Correspondence received from, Ed Van Bemmel dated October 18, 2011 by email. Re: Order of the respondents sharing the hour of arguments | Yat Fung Albert Tse |
| 2011-10-05 | Intervener's factum, CD missing - Rec'd on October 13, 2011, Completed on: 2011-10-14 | Criminal Lawyers' Association (Ontario) |
| 2011-10-05 | Intervener's book of authorities, new CD rec'd Oct. 11/11, Completed on: 2011-10-13 | Canadian Civil Liberties Association |
| 2011-10-05 | Intervener's factum, new CD rec'd Oct. 11/11, Completed on: 2011-10-13 | Canadian Civil Liberties Association |
| 2011-10-04 | Intervener's book of authorities, Completed on: 2011-10-04 | British Columbia Civil Liberties Association |
| 2011-10-04 | Intervener's factum, Completed on: 2011-10-04 | British Columbia Civil Liberties Association |
| 2011-09-30 | Intervener's book of authorities, Completed on: 2011-09-30 | Attorney General of Ontario |
| 2011-09-30 | Intervener's factum - AG on constitutional question, Completed on: 2011-09-30 | Attorney General of Ontario |
| 2011-09-30 | Intervener's book of authorities, Completed on: 2011-09-30 | Attorney General of Canada |
| 2011-09-30 | Intervener's factum - AG on constitutional question, Completed on: 2011-09-30 | Attorney General of Canada |
| 2011-09-30 | Intervener's book of authorities, Completed on: 2011-09-30 | Attorney General of Quebec |
| 2011-09-30 | Intervener's factum - AG on constitutional question, Completed on: 2011-09-30 | Attorney General of Quebec |
| 2011-09-23 | Respondent's book of authorities, Completed on: 2011-09-23 | Daniel Luis Soux |
| 2011-09-23 | Respondent's book of authorities, CD rec'd Sept. 28/11, Completed on: 2011-10-03 | Nhan Trong Ly |
| 2011-09-23 | Respondent's factum, CD rec'd sept. 28/11, Completed on: 2011-10-05 | Nhan Trong Ly |
| 2011-09-23 | Respondent's factum, Joint - CD rec'd sept. 28/11, Completed on: 2011-09-29 | Daniel Luis Soux |
| 2011-09-22 | Respondent's book of authorities, Completed on: 2011-09-22 | Yat Fung Albert Tse |
| 2011-09-22 | Respondent's factum, Word Version rec' d Sept. 29/11, Completed on: 2011-09-29 | Yat Fung Albert Tse |
| 2011-09-21 | Notice of appearance, Michal Fairburn and Grace Choi will be present at the hearing. | Attorney General of Ontario |
| 2011-09-20 | Correspondence received from, Mr. Westlake re: correction to counsel's name | Viet Bac Nguyen |
| 2011-09-20 | Notice of appearance, Ian Donaldson will be present at hearing | Daniel Luis Soux |
| 2011-09-19 | Notice of appearance, Howard Rubin, QC and David Albert will be present at hearing | Viet Bac Nguyen |
| 2011-09-16 | Respondent's book of authorities, Joint, Completed on: 2011-09-16 | Viet Bac Nguyen |
| 2011-09-16 | Respondent's factum, Joint, Completed on: 2011-10-05 | Viet Bac Nguyen |
| 2011-09-16 | Order on motion to extend time, by the REGISTRAR | |
| 2011-09-16 | Notice of appearance, Brigitte Bussières and Gilles Laporte will be present at hearing | Attorney General of Quebec |
| 2011-09-16 | Order on motion to extend time, By the REGISTRAR | |
| 2011-09-16 | Decision on motion to extend time, Reg, to serve and file the respondents Factums and Books of Authorities to September 23, 2011. Granted |
|
| 2011-09-16 | Submission of motion to extend time, Reg | |
| 2011-09-15 | Notice of appearance, Cheryl J. Tobias and Nancy Dennison will be representing AG of Canada at the hearing | Attorney General of Canada |
| 2011-09-15 | Reply to motion to extend time, (Letter Form), consent to changing the date, Completed on: 2011-09-15 | Yat Fung Albert Tse |
| 2011-09-15 | Response to motion to extend time, (Letter Form), Consent and Oppose, Completed on: 2011-09-15 | Her Majesty the Queen |
| 2011-09-13 | Motion to extend time, Completed on: 2011-09-13 | Yat Fung Albert Tse |
| 2011-09-07 | Notice of change of counsel, Mr. Howard Rubin, Q.C. will now represent Mr. Nguyen | Viet Bac Nguyen |
| 2011-09-07 | Notice of appearance, Trevor Shaw and Samiran Lakshman will be present at hearing | Her Majesty the Queen |
| 2011-08-30 | Notice of appearance, Ken S. Westlake, Q.C. will be present at the hearing | Huong Dac Doan |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-08-29 | Notice of appearance, Simon R. Buck and Dagmar Dlab will be appearing at hearing | Yat Fung Albert Tse |
| 2011-08-25 | Appeal perfected for hearing | |
| 2011-08-10 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2011-08-10 | Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Criminal Lawyers' Association (Ontario), 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 of the Criminal Lawyers' Association (Ontario), the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. 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. 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 appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention Granted |
|
| 2011-08-10 | Submission of motion for leave to intervene, Cro | |
| 2011-08-04 | Response to the motion for leave to intervene, (Letter Form), from Howard Rubin dated Aug. 4/11 (by CCLA and BCCLA), Completed on: 2011-08-04 | Viet Bac Nguyen |
| 2011-07-29 | Response to the motion for leave to intervene, (Letter Form), from Trevor Shaw dated July 28/11, Completed on: 2011-07-29 | Her Majesty the Queen |
| 2011-07-28 | Motion for leave to intervene, Completed on: 2011-07-28 | Canadian Civil Liberties Association |
| 2011-07-28 | Motion for leave to intervene, Completed on: 2011-07-28 | British Columbia Civil Liberties Association |
| 2011-07-28 | Motion for leave to intervene, Completed on: 2011-07-29 | Criminal Lawyers' Association (Ontario) |
| 2011-07-22 | Appeal hearing scheduled, 2011-11-18, (start time 9:30am) Judgment reserved |
|
| 2011-06-30 | Appellant's book of authorities, (3 volumes), Completed on: 2011-06-30 | Her Majesty the Queen |
| 2011-06-30 | Appellant's record, (5 volumes), Completed on: 2011-06-30 | Her Majesty the Queen |
| 2011-06-30 | Appellant's factum, Completed on: 2011-06-30 | Her Majesty the Queen |
| 2011-06-08 | Order on motion to extend time | |
| 2011-06-08 | Decision on motion to extend time, Reg, to serve and file the appellant's materials to June 30/11, the respondents' materials to Sept. 16/11 and the intervening Attorney Generals' materials to Sept. 30/11 Granted |
|
| 2011-06-08 | Submission of motion to extend time, Reg | |
| 2011-06-03 | Response to motion to extend time, (joint with motion), Completed on: 2011-06-03 | Yat Fung Albert Tse |
| 2011-06-03 | Motion to extend time, to serve and file the appellant's materials to June 30/11, the respondents' materials to Sept. 16/11 and the intervening Attorney Generals materials to Sept. 30/11, Completed on: 2011-06-03 | Her Majesty the Queen |
| 2011-05-19 | Correspondence received from, Trevor Shaw by fax, re.: proposed filing dates | Her Majesty the Queen |
| 2011-04-27 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2011-04-27 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2011-04-26 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2011-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-03-30 | Notice of constitutional question(s) | Her Majesty the Queen |
| 2011-03-25 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) |
|
| 2011-03-25 | Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. Does s. 184.4 of the Criminal Code, R.S.C. 1985, c. C-46, 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 s. 184.4 of the Criminal Code, R.S.C. 1985, c. C-46, 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 s. 184.4 of the Criminal Code, R.S.C. 1985, c. C-46, 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? 7. If s. 184.4 of the Criminal Code, R.S.C. 1985, c. C-46, infringes the Canadian Charter of Rights and Freedoms, is it necessary to declare it of no force and effect under s. 52(1) of the Constitution Act, 1982, or is a lesser remedy available? Granted |
|
| 2011-03-25 | Submission of motion to state a constitutional question, CJ | |
| 2011-03-02 | Response to the motion to state a constitutional question, Completed on: 2011-03-02 | Viet Bac Nguyen |
| 2011-03-01 | Response to the motion to state a constitutional question, email from Simon Buck dated March 1/11, Completed on: 2011-03-01 | Yat Fung Albert Tse |
| 2011-02-11 | Correspondence received from, Trevor Shaw dated Feb. 10/11 re: counsel appointed to all respondents | Her Majesty the Queen |
| 2011-02-04 | Motion to state a constitutional question, (service rec'd Feb. 8/11) AMENDED Notice filed Feb. 10/11, Completed on: 2011-02-08 | Her Majesty the Queen |
| 2011-01-28 | Correspondence received from, Trevor Shaw dated January 28, 2011. Re: Brent Bagnall will represent Mr. Ly | Her Majesty the Queen |
| 2011-01-24 | Notice of appeal, Completed on: 2011-01-24 | Her Majesty the Queen |
| 2011-01-24 | Correspondence received from, T. Shaw dated Jan. 21/11 re: enclosing copy of a letter from Mr. Westlake dated Jan. 19/11 (by fax) | Her Majesty the Queen |
| 2011-01-17 | Correspondence received from, Robert E. Houston, Q.C. dated Jan. 17/11 re: appointment of Amicus may be moot (joint with a letter form Ian Donaldson dated Jan. 12/11) | Her Majesty the Queen |
| 2010-12-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-12-24 | Judgment on leave sent to the parties | |
| 2010-12-23 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 23900, 2008 BCSC 211, dated February 22, 2008, is granted without costs in the cause and an amicus curiae will be appointed by the Court. Granted, without costs |
|
| 2010-11-19 | Correspondence received from, (Letter Form), Trevor Shaw dated November 19, 2010. Re: A copy of bill C-50 (by fax)(Sent to the panel on November 22, 2010) | Her Majesty the Queen |
| 2010-10-19 | Correspondence received from, Trevor Shaw dated October 19, 2010. Re: Enclosing letters of respondents position on the application sent to the Crown | Her Majesty the Queen |
| 2010-10-12 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-10-12 | Submission of motion to extend time to file and/ or serve the leave application, Bi F Ro | |
| 2010-10-12 | Correspondence received from, Brent Bagnall dated October 10, 2010. Re: Will be acting as counsel for Nhan Trong Ly | Nhan Trong Ly |
| 2010-10-04 | Correspondence received from, (by fax) T. Shaw, dated Oct. 4/10; impact of the notices of appeal | Her Majesty the Queen |
| 2010-09-27 | Correspondence received from, R. Houston, Q.C. (by e-mail), dated Sept. 27/10; AGBC wishes to pursue the application for leave to appeal the decision of Justice Davies seeking an order of the SCC reversing the decision of Justice Davies if leave is granted | Her Majesty the Queen |
| 2010-09-24 | Correspondence received from, Robert Houston dated September 24, 2010. Re: Notices of appeal filed at the BC Court of Appeal by the respondents | Her Majesty the Queen |
| 2010-09-09 | Correspondence received from, Thomas Doust dated Sept. 9, 2010. Re: Will not be representing the respondent, Vandrick | Myles Alexander Vandrick |
| 2010-08-06 | Correspondence received from, Trevor Shaw dated August 5, 2010. Re: Order for a stay from SCBC dated July 14, 2010 | Her Majesty the Queen |
| 2010-07-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-07-15 | Correspondence received from, Cheryl Tobias dated July 13, 2010. Re: AG of Canada to be considered as an intervener | Attorney General of Canada |
| 2010-07-15 | Correspondence received from, Cheryl J. Tobias, Q.C. dated July 14, 2010 re: stay extended to Sept. 30/10 by Davies J. of the BCSC | Attorney General of Canada |
| 2010-07-08 | Correspondence received from, Cheryl Tobias dated July 8, 2010. Re: Attorney General of Canada should be a party | Attorney General of Canada |
| 2010-07-05 | Intervener's memorandum of argument on application for leave, Completed on: 2010-07-05 | Attorney General of Canada |
| 2010-06-30 | Correspondence received from, Ken Westlake dated June 28, 2010. Re: Waiting answer from legal services | Huong Dac Doan |
| 2010-06-23 | Correspondence received from, Ian Donaldson dated June 21, 2010. Re: Waiting answer from legal services | Daniel Luis Soux |
| 2010-06-08 | Correspondence received from, Ken Westlake dated June 7, 2010. Re: Ken Westlake will not be representing Mr. Doan | Huong Dac Doan |
| 2010-06-07 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2010-06-07 | Her Majesty the Queen |
| 2010-06-07 | Supplemental document, Record (2 volumes) | Her Majesty the Queen |
| 2010-06-07 | Book of authorities | Her Majesty the Queen |
| 2010-06-07 | Application for leave to appeal, Form 25-A and cover page changed on July 27, 2010 (with service)., Completed on: 2010-06-07 | Her Majesty the Queen |
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