Docket

33754

Ewaryst Prokofiew v. Her Majesty the Queen

(Ontario) (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)
2012-10-17 Appeal closed
2012-10-15 Formal judgment sent to the registrar of the court of appeal and all parties
2012-10-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-10-12 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C42992, 2010 ONCA 423, dated June 10, 2010, heard on November 8, 2011, is dismissed, the Chief Justice and LeBel, Fish and Cromwell JJ. dissenting.
Dismissed
2012-09-25 Correspondence received from, Jennifer Woolcombe dated September 25/12 re: consent Her Majesty the Queen
2012-09-24 Correspondence received from, Russel Silverstein & Associate by fax, re.: release of judgment Ewaryst Prokofiew
2011-11-28 Transcript received, (92 pages)
2011-11-08 Judgment reserved OR rendered with reasons to follow
2011-11-08 Hearing of the appeal, 2011-11-08, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2011-11-08 Acknowledgement and consent for video taping of proceedings, All parties consented
2011-11-08 Intervener's condensed book, Filed in Court Attorney General of Quebec
2011-11-08 Respondent's condensed book, Filed in Court Her Majesty the Queen
2011-11-08 Appellant's condensed book, Filed in Court Ewaryst Prokofiew
2011-11-04 Correspondence received from, Possibility of adjournment Ewaryst Prokofiew
2011-11-02 Notice of appearance, P. Andras Schreck and Lucy Saunders will be appearing and Mr. Schreck will addressing the Court. Criminal Lawyers' Association of Ontario
2011-11-02 Notice of appearance, Russell Silverstein and Ingrid Grant will be appearing and will both address the Court. Ewaryst Prokofiew
2011-10-25 Notice of appearance, Jennifer Woollcombe and Ivan Bloom will be present at the hearing. Her Majesty the Queen
2011-10-24 Notice of appearance, James C. Martin and Richard Kramer will be appearing Attorney General of Canada
2011-10-24 Notice of appearance, Frank Addario, Gerald Chan and Nader R. Hasan will be appearing Canadian Civil Liberties Association
2011-10-19 Correspondence received from, Gowlings dated October 19, 2011. Re: Page 5 of the supplementary reasons of Corbett is missing from volume ! of the appellant's record. (Sent to the Court on October 20, 2011) Ewaryst Prokofiew
2011-10-17 Order by, LeB, FURTHER TO THE ORDERS dated July 28, 2011, and September 12, 2011, granting leave to intervene to the Criminal Lawyers' Association of Ontario 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
2011-10-13 Notice of appearance, Me Sylvain Leboeuf and Me Gilles Laporte will be appearing Attorney General of Quebec
2011-09-29 Order on motion for additional time to present oral argument, byTHE REGISTRAR
2011-09-29 Decision on motion for additional time to present oral argument, Reg, UPON APPLICATION by the appellant for an order extending the time for oral argument on this appeal by thirty (30) minutes;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2011-09-29 Submission of motion for additional time to present oral argument, Reg
2011-09-22 Intervener's book of authorities, Completed on: 2011-09-22 Criminal Lawyers' Association of Ontario
2011-09-22 Intervener's factum, Completed on: 2011-09-22 Criminal Lawyers' Association of Ontario
2011-09-22 Intervener's book of authorities, Completed on: 2011-09-22 Canadian Civil Liberties Association
2011-09-22 Intervener's factum, Completed on: 2011-09-22 Canadian Civil Liberties Association
2011-09-12 Order on motion for leave to intervene
2011-09-12 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Canadian Civil Liberties Association for an extension of 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 of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 22, 2011.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and intervener.
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
2011-09-12 Submission of motion for leave to intervene, Abe
2011-09-09 Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2011-09-09 Her Majesty the Queen
2011-09-06 Response to the motion for leave to intervene, (Letter Form), of CCLA - rec'd by e-mail, Completed on: 2011-09-06 Her Majesty the Queen
2011-09-01 Motion for additional time to present oral argument, Completed on: 2011-09-01 Ewaryst Prokofiew
2011-08-29 Notice of hearing sent to parties
2011-08-26 Response to the motion for leave to intervene, Consent to CCLA's motion to intervene and extension of time included in motion, Completed on: 2011-08-26 Ewaryst Prokofiew
2011-08-26 Motion for leave to intervene, Book Form - motion extension of time and consent of the appellant included, Completed on: 2011-08-26 Canadian Civil Liberties Association
2011-08-26 Correspondence received from, Noël et Associés dated August 26, 2011, re: counsel's name for the attorney general of Quebec Attorney General of Quebec
2011-08-23 Intervener's factum - AG on constitutional question, Completed on: 2011-08-23 Attorney General of Quebec
2011-08-23 Intervener's book of authorities, Completed on: 2011-08-23 Attorney General of Quebec
2011-08-12 Intervener's book of authorities, Completed on: 2011-08-12 Attorney General of Canada
2011-08-12 Intervener's factum - AG on constitutional question, Completed on: 2011-08-12 Attorney General of Canada
2011-08-03 Supplemental document, (Supplemental Authorities pursuant to rule 29(4)) - original with service rec'd Aug. 4/11, Completed on: 2011-08-04 Ewaryst Prokofiew
2011-08-03 Reply factum on appeal, (Pursuant to Rule 29(4)) - original with service rec'd Aug. 4/11, Completed on: 2011-08-17 Ewaryst Prokofiew
2011-07-28 Decision on motion to extend time, LeB
Granted, no order as to costs
2011-07-28 Submission of motion to extend time, LeB
2011-07-28 Order on motion for leave to intervene, (BY LEBEL J.)
2011-07-28 Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Criminal Lawyers' Association of Ontario for an extension of 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 of the Criminal Lawyers' Association of Ontario is granted and the said intervener 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 intervener.
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
2011-07-28 Submission of motion for leave to intervene, LeB
2011-07-22 Appeal hearing scheduled, 2011-11-08, (start time 9:00am)
Judgment reserved
2011-07-21 Appeal perfected for hearing
2011-07-19 Respondent's book of authorities, (4 volumes), Completed on: 2011-07-19 Her Majesty the Queen
2011-07-19 Respondent's factum, [Rule 29(3) included], Completed on: 2011-07-19 Her Majesty the Queen
2011-07-14 Respondent's record, Completed on: 2011-07-14 Her Majesty the Queen
2011-06-30 Response to motion to extend time, (motion by CLA), Completed on: 2011-06-30 Her Majesty the Queen
2011-06-28 Motion to extend time, (included in motion), Completed on: 2011-06-28 Criminal Lawyers' Association of Ontario
2011-06-28 Motion for leave to intervene, (ext. time included in motion), Completed on: 2011-06-28 Criminal Lawyers' Association of Ontario
2011-05-30 Appellant's book of authorities, Completed on: 2011-05-30 Ewaryst Prokofiew
2011-05-27 Appellant's factum, Completed on: 2011-05-27 Ewaryst Prokofiew
2011-05-19 Appellant's record, (6 volumes), Completed on: 2011-05-19 Ewaryst Prokofiew
2011-04-06 Notice of intervention respecting a constitutional question Attorney General of Quebec
2011-03-28 Notice of intervention respecting a constitutional question Attorney General of Canada
2011-03-09 Notice of constitutional question(s), (served March 9/11) Ewaryst Prokofiew
2011-03-07 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2011-03-07 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. 4(6) of the Canada Evidence Act, R.S.C. 1985, chap. C-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
Le par. 4(6) de la Loi sur la preuve au Canada, L.R.C. 1985, ch. C-5, contrevient-il à l’art. 7 de la Charte canadienne des droits et libertés?
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?
Dans l’affirmative, l’atteinte constitue-t-elle une limite raisonnable prescrite par une règle droit et dont la justification peut se démontrer dans le cadre d’une société libre et démocratique au sens de l’article premier de la Charte canadienne des droits et libertés?
3. Does s. 4(6) of the Canada Evidence Act, R.S.C. 1985, chap. C-5, infringe s. 11(c) of the Canadian Charter of Rights and Freedoms?
Le par. 4(6) de la Loi sur la preuve au Canada, L.R.C. 1985, ch. C-5, contrevient-il à l’al. 11c) de la Charte canadienne des droits et libertés?
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?
Dans l’affirmative, l’atteinte constitue-t-elle une limite raisonnable prescrite par une règle droit et dont la justification peut se démontrer dans le cadre d’une société libre et démocratique au sens de l’article premier de la Charte canadienne des droits et libertés?
5. Does s. 4(6) of the Canada Evidence Act, R.S.C. 1985, chap. C-5, infringe s. 11(d) of the Canadian Charter of Rights and Freedoms?
Le par. 4(6) de la Loi sur la preuve au Canada, L.R.C. 1985, ch. C-5, contrevient-il à l’al. 11d) de la Charte canadienne des droits et libertés?
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?
Dans l’affirmative, l’atteinte constitue-t-elle une limite raisonnable prescrite par une règle droit et dont la justification peut se démontrer dans le cadre d’une société libre et démocratique au sens de l’article premier de la Charte canadienne des droits et libertés?
Granted
2011-03-07 Submission of motion to state a constitutional question, CJ
2011-01-13 Notice of change of counsel, Kenneth Campbell dated January 12, 2011. Re: Counsel for respondent is changed from Public Prosecution to Attorney General of Ontario Her Majesty the Queen
2011-01-13 Reply to the motion to state a constitutional question, (Letter Form), from Ingrid Grant dated Jan. 13/11 (original rec'd Jan. 18/11), Completed on: 2011-01-13 Ewaryst Prokofiew
2011-01-13 Response to the motion to state a constitutional question, (Letter Form), from Kenneth L. Campbell dated Jan. 13/11, Completed on: 2011-01-13 Her Majesty the Queen
2010-12-17 Motion to state a constitutional question, Completed on: 2010-12-17 Ewaryst Prokofiew
2010-12-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2010-11-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2010-11-19 Judgment on leave sent to the parties
2010-11-18 Notice of appeal, Completed on: 2010-11-18 Ewaryst Prokofiew
2010-11-18 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 C42992, 2010 ONCA 423, dated June 10, 2010, is granted without costs.
Granted, without costs
2010-10-18 All materials on application for leave submitted to the Judges, LeB De Cha
2010-10-14 Applicant's reply to respondent's argument, Completed on: 2010-10-14 Ewaryst Prokofiew
2010-10-07 Respondent's response on the application for leave to appeal, Completed on: 2010-10-07 Her Majesty the Queen
2010-09-10 Letter acknowledging receipt of an incomplete application for leave to appeal
2010-09-08 Application for leave to appeal, Charge to the jury missing - Rec'd on September 13, 2010 (Bookform), Completed on: 2010-09-13 Ewaryst Prokofiew
2010-06-22 Notice of application for leave to appeal, Amended Notice rec'd June 23-10, Completed on: 2010-06-30 Ewaryst Prokofiew