Docket
33976
Her Majesty the Queen v. Clato Lual Mabior
(Manitoba) (Criminal) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-10-17 | Appeal closed | |
| 2012-10-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-10-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-10-05 | Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 08-30-07036, 2010 MBCA 93, dated October 13, 2010, heard on February 8, 2012, is allowed in part. The convictions in respect of the complaints by S.H., D.C.S. and D.H. are restored. The appeal in respect of the complaint by K.G. is dismissed. Allowed in part |
|
| 2012-04-18 | Media lock-up request accepted | |
| 2012-04-18 | Media lock-up consent form received from, Eugene Meehan | Clato Lual Mabior |
| 2012-04-18 | Media lock-up consent form received from, Elizabeth Thomson | Her Majesty the Queen |
| 2012-03-21 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2012-03-20 | Media lock-up requested or proposed | |
| 2012-02-27 | Transcript received, (165 pages) | |
| 2012-02-20 | Correspondence received from, (by fax) Lucie Joncas dated February 20, 2012 re: errors in the factum (sent to the Court on Feb 22, 2012) | L'institut national de santé publique du Québec |
| 2012-02-08 | Judgment reserved OR rendered with reasons to follow | |
| 2012-02-08 | Intervener's condensed book, (14 copies) submitted in Court | L'institut national de santé publique du Québec |
| 2012-02-08 | Intervener's condensed book, (14 copies) submitted in Court | Canadian HIV/AIDS Legal Network |
| 2012-02-08 | Respondent's condensed book, (14 copies) distributed in Court | Clato Lual Mabior |
| 2012-02-08 | Appellant's condensed book, (14 copies) dsitributed in Court | Her Majesty the Queen |
| 2012-02-08 | Acknowledgement and consent for video taping of proceedings, by all parties | |
| 2012-02-08 | Hearing of the appeal, 2012-02-08, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2012-02-01 | Correspondence received from, Two reserved seats requested | L'institut national de santé publique du Québec |
| 2012-01-31 | Notice of appearance, Jonathan Shime, Corie Langdon, Richard Elliott and Ryan Peck will be appearing and Mr. Shime will make oral argument. | Canadian HIV/AIDS Legal Network |
| 2012-01-31 | Notice of appearance, (Letter Form), Michael A. Feder and Angela M. Juba will be present at hearing | British Columbia Civil Liberties Association |
| 2012-01-31 | Notice of appearance, (Letter Form), Lucie Joncas and François Côté will be present at hearing | L'institut national de santé publique du Québec |
| 2012-01-30 | Notice of appearance, (Letter Form), François Dadour will be present at the hearing | Association des Avocats de la Défense de Montréal |
| 2012-01-30 | Notice of appearance, (Letter Form), Amanda Sansregret and Corey La Berge will be present at hearing | Clato Lual Mabior |
| 2012-01-30 | Decision on motion to extend time, Cro, AND UPON APPLICATION by the British Columbia Civil Liberties Association for an extension of time to serve and file its factum and book of authorities to January 5, 2012 and to make oral argument at the hearing of these appeals; Granted |
|
| 2012-01-30 | Submission of motion to extend time, Cro | |
| 2012-01-30 | Order by, (Revised Feb. 7/12), Cro, FURTHER TO THE ORDERS dated October 25, 2011 and January 12, 2012, granting leave to intervene to the Canadian HIV/AIDS Legal Network, HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation, Black Coalition for AIDS Prevention and Canadian Aboriginal AIDS Network, the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association, the Attorney General of Alberta, the Institut national de santé publique du Québec and the Association des Avocats de la Défense de Montréal; AND UPON APPLICATION by the British Columbia Civil Liberties Association for an extension of time to serve and file its factum and book of authorities to January 5, 2012 and to make oral argument at the hearing of these appeals; IT IS HEREBY FURTHER ORDERED THAT the extension of time to serve and file the factum and book of authorities of the British Columbia Civil Liberties Association to January 5, 2012, is granted. IT IS HEREBY FURTHER ORDERED THAT the six groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2012-01-27 | Response to motion to extend time, (Letter Form), (BCCLA) rec'd by email from Gowlings, Completed on: 2012-01-27 | Her Majesty the Queen |
| 2012-01-24 | Intervener's book of authorities, Joint with 34094, Completed on: 2012-01-24 | L'institut national de santé publique du Québec |
| 2012-01-24 | Intervener's factum, Joint with 34094, Completed on: 2012-01-24 | L'institut national de santé publique du Québec |
| 2012-01-16 | Intervener's book of authorities, Joint with 34094, Completed on: 2012-01-16 | Association des Avocats de la Défense de Montréal |
| 2012-01-16 | Intervener's factum, Joint with 34094, Completed on: 2012-01-16 | Association des Avocats de la Défense de Montréal |
| 2012-01-12 | Order on motion for leave to intervene, (By Justice Cromwell) (Joint with 34094) | |
| 2012-01-12 | Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Attorney General of Alberta for leave to intervene in the appeal Her Majesty the Queen v. D.C. (34094); AND UPON APPLICATIONS by Institut National de santé publique du Québec and by Association des Avocats de la Défense de Montréal for an extension of time and for leave to intervene in the appeals Her Majesty the Queen v. Clato Lual Mabior (33976) and Her Majesty the Queen v. D.C. (34094) AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Alberta is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal of Her Majesty the Queen v. D.C. (34094) on or before January 24, 2012; The motions for an extension of time and for leave to intervene of the Institut National de santé publique du Québec and the Association des Avocats de la Défense de Montréal are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals Her Majesty the Queen v. Clato Lual Mabior (33976) and Her Majesty the Queen v. D.C. (34094) on or before January 24, 2012; 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 interventions. Granted |
|
| 2012-01-12 | Submission of motion for leave to intervene, (with motion for extension of time), Cro | |
| 2012-01-12 | Correspondence received from, P. Landry dated Jan 12, 2012 re: name of agent | Association des Avocats de la Défense de Montréal |
| 2012-01-11 | Correspondence received from, E. Meehan dated Jan 6, 2012 re: updated contact information | Clato Lual Mabior |
| 2012-01-09 | Response to motion to extend time, (Letter Form), to file and serve the intervener's factum (BCCLA), Completed on: 2012-01-09 | Clato Lual Mabior |
| 2012-01-09 | Correspondence received from, 16 reserved seats requested | Canadian HIV/AIDS Legal Network |
| 2012-01-06 | Correspondence received from, Eugene Meehan, fax dated Jan.06, 2012, re.: updating contact information | Canadian HIV/AIDS Legal Network |
| 2012-01-05 | Motion to extend time, to file and serve the intervener's factum (BCCLA) - joint with 34094 (AMENDED MOTION filed on Jan.23/12), Completed on: 2012-01-05 | British Columbia Civil Liberties Association |
| 2012-01-05 | Intervener's book of authorities, Joint with 34094, Completed on: 2012-01-05 | British Columbia Civil Liberties Association |
| 2012-01-05 | Intervener's factum, Joint with 34094, Completed on: 2012-01-05 | British Columbia Civil Liberties Association |
| 2011-12-20 | Intervener's book of authorities, Joint with 34094, Completed on: 2011-12-20 | Criminal Lawyers' Association of Ontario |
| 2011-12-20 | Intervener's factum, Joint with 34094, Completed on: 2011-12-20 | Criminal Lawyers' Association of Ontario |
| 2011-12-20 | Intervener's book of authorities, Joint with 34094 (2 volumes), Completed on: 2011-12-20 | Canadian HIV/AIDS Legal Network |
| 2011-12-20 | Intervener's factum, Joint with 34094 - CD missing - Rec'd on Dec. 28, 2011, Completed on: 2011-12-28 | Canadian HIV/AIDS Legal Network |
| 2011-12-15 | Correspondence received from, Gowling by email, re.: request for 1 reserved seat at the hearing | Her Majesty the Queen |
| 2011-12-15 | Notice of appearance, Andras Schreck and Candice Suter will be present at the hearing. | Criminal Lawyers' Association of Ontario |
| 2011-12-15 | Notice of appearance, Elizabeth Thomson and Ami Kotler will be present at the hearing. | Her Majesty the Queen |
| 2011-12-13 | Correspondence received from, BCCLA dated Dec. 12, 2011, re.: late to file their factum. | British Columbia Civil Liberties Association |
| 2011-12-12 | Response to the motion for leave to intervene, Fax from Eugene Meehan, Q.C., dated Dec. 12, 2011, Completed on: 2011-12-12 | Clato Lual Mabior |
| 2011-12-09 | Notice of withdrawal | Attorney General of Ontario |
| 2011-12-08 | Notice of hearing sent to parties | |
| 2011-12-07 | Appeal hearing scheduled, 2012-02-08, (Early start 9:00am) Judgment reserved |
|
| 2011-12-05 | Response to the motion for leave to intervene, Email from Gowlings, dated Dec. 2, 2011, Completed on: 2011-12-05 | Her Majesty the Queen |
| 2011-12-02 | Motion for leave to intervene, (Joint with 34094) Motion to extend time missing (amended rec'd on Dec. 5, 2011 joint with motion to extend time), Completed on: 2011-12-06 | L'institut national de santé publique du Québec |
| 2011-11-30 | Motion for leave to intervene, (joint with 34094) (extension of time included) (bookform), Completed on: 2011-11-30 | Association des Avocats de la Défense de Montréal |
| 2011-10-25 | Order on motion for leave to intervene, (BY CROMWELL J.) (joint with 34094) | |
| 2011-10-25 | Decision on the motion for leave to intervene, (joint with 34094), Cro, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the appeal of Her Majesty the Queen v. Clato Lual Mabior (33976); AND UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the appeal of Her Majesty the Queen v. D.C. (34094); AND UPON APPLICATIONS by the Canadian HIV/AIDS Legal Network, HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation, Black Coalition for AIDS Prevention and Canadian Aboriginal AIDS Network, the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association for leave to intervene in the appeals Her Majesty the Queen v. Clato Lual Mabior (33976) and Her Majesty the Queen v. D.C.(34094) AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of Ontario are granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals. The motion for leave to intervene of the Canadian HIV/AIDS Legal Network, HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation, Black Coalition for AIDS Prevention and Canadian Aboriginal AIDS Network is granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals. The motions for leave to intervene of the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals. 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 interventions Granted |
|
| 2011-10-25 | Submission of motion for leave to intervene, Cro | |
| 2011-10-20 | Appeal perfected for hearing | |
| 2011-10-19 | Respondent's book of authorities, Completed on: 2011-10-19 | Clato Lual Mabior |
| 2011-10-19 | Respondent's factum, Completed on: 2011-10-19 | Clato Lual Mabior |
| 2011-10-03 | Response to the motion for leave to intervene, (of the Criminal Lawyers Association), Completed on: 2011-10-03 | Clato Lual Mabior |
| 2011-09-30 | Response to the motion for leave to intervene, (Letter Form), from E. Meehan dated September 30, 2011, Completed on: 2011-09-30 | Clato Lual Mabior |
| 2011-09-23 | Response to the motion for leave to intervene, email from Gowlings dated Sept. 23/11 (by CLA), Completed on: 2011-09-23 | Her Majesty the Queen |
| 2011-09-23 | Motion for leave to intervene, joint with the motion to intervene in 34094, Completed on: 2011-09-23 | Criminal Lawyers' Association of Ontario |
| 2011-09-22 | Response to the motion for leave to intervene, email from Gowlings dated Sept. 22/11 (by BCCLA and HIV/AIDS), Completed on: 2011-09-22 | Her Majesty the Queen |
| 2011-09-21 | Motion for leave to intervene, (bookform) joint with the motion to intervene in 34094, Completed on: 2011-09-21 | British Columbia Civil Liberties Association |
| 2011-09-20 | Motion for leave to intervene, Bookform, joint with application in file 34094, Completed on: 2011-09-20 | Canadian HIV/AIDS Legal Network |
| 2011-09-19 | Response to the motion for leave to intervene, (Letter Form), From E. Meehan, dated September 19, 2011 by fax, Completed on: 2011-09-19 | Clato Lual Mabior |
| 2011-09-09 | Correspondence received, From François Dadour re: motion to intervene | |
| 2011-09-09 | Response to the motion for leave to intervene, (Letter Form), of AGON, Completed on: 2011-09-09 | Her Majesty the Queen |
| 2011-09-09 | Motion for leave to intervene, Completed on: 2011-09-09 | Attorney General of Ontario |
| 2011-08-24 | Appellant's record, (5 volumes), Completed on: 2011-08-24 | Her Majesty the Queen |
| 2011-08-24 | Appellant's book of authorities, Completed on: 2011-08-24 | Her Majesty the Queen |
| 2011-08-24 | Appellant's factum, Completed on: 2011-08-24 | Her Majesty the Queen |
| 2011-07-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-06-03 | Notice of appeal, Completed on: 2011-06-03 | Her Majesty the Queen |
| 2011-05-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-06 | Judgment on leave sent to the parties | |
| 2011-05-05 | 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 of Manitoba, Number AR 08-30-07036, 2010 MBCA 93, dated October 13, 2010, is granted without costs. Granted, without costs |
|
| 2011-03-31 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2011-03-21 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-21 | Clato Lual Mabior |
| 2011-02-25 | Correspondence received from, Richard Elliott, dated February 14/11, Re: intention to file motion for leave to intervene | Canadian HIV/AIDS Legal Network |
| 2011-02-08 | Notice of change of solicitor, for Elizabeth Tomson in place of Diana M. Cameron | Her Majesty the Queen |
| 2011-02-04 | Order on motion to extend time, (BY REGISTRAR) | |
| 2011-02-04 | Decision on motion to extend time, Reg, UPON APPLICATION by counsel on behalf of the Respondent for an order extending the time within which to serve and file a Response and an Application for Leave to Cross-Appeal to thirty (30) days following the appointment of new counsel on behalf of the Respondent by Legal Aid Manitoba. IT IS ORDERED that the motion is granted Granted |
|
| 2011-02-04 | Submission of motion to extend time, Reg | |
| 2011-01-24 | Response to motion to extend time, (Letter Form), from Gowlings dated Jan. 25/11, Completed on: 2011-01-24 | Her Majesty the Queen |
| 2011-01-24 | Motion to extend time, to serve and file the respondent's response until a new counsel is appointed, Completed on: 2011-01-24 | Clato Lual Mabior |
| 2010-12-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-12-10 | Book of authorities | Her Majesty the Queen |
| 2010-12-10 | Application for leave to appeal, Completed on: 2010-12-10 | Her Majesty the Queen |
- Date modified: