Docket
34128
Pierino Divito v. Minister of Public Safety and Emergency Preparedness
(Federal) (Civil) (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) |
|---|---|---|
| 2013-09-20 | Appeal closed | |
| 2013-09-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-09-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-09-19 | Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-425-09, 2011 FCA 39, dated February 3, 2011, heard on February 18, 2013, is dismissed. The constitutional questions are answered as follows: (1) Do ss. 10(1)(a) and 10(2)(a), read in conjunction with s. 8(1), of the International Transfer of Offenders Act, S.C. 2004, c. 21, infringe the right guaranteed by s. 6(1) of the Canadian Charter of Rights and Freedoms? Answer: No. McLachlin C.J. and LeBel and Fish JJ. would answer in the affirmative. (2) If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Answer: It is not necessary to answer this question. McLachlin C.J. and LeBel and Fish JJ. would answer in the affirmative. Dismissed |
|
| 2013-03-14 | Correspondence received from, Ginette Gobeil dated Mar. 14/13 and rec'd by fax re: error in letter of Mar. 4/13 (sent to the Court Mar. 15/13) | Minister of Public Safety and Emergency Preparedness |
| 2013-03-04 | Correspondence received from, Ginette Gobeil dated Mar. 4/13 re: advising the Court the Mr. Divito as been released (sent to the Court Mar. 5/13) | Minister of Public Safety and Emergency Preparedness |
| 2013-03-01 | Transcript received, (91 pages) | |
| 2013-02-25 | Supplemental document, (Letter Form), Details concerning detention (Sent to the Court on February 25, 2013), Completed on: 2013-02-25 | Pierino Divito |
| 2013-02-21 | Correspondence received, From Thomas Ullyett of Yukon dated February 4, 2013. Re: Will not be filing a factum on intervention | |
| 2013-02-18 | Judgment reserved OR rendered with reasons to follow | |
| 2013-02-18 | Intervener's condensed book, Submitted in Court (14 copies) | David Asper Centre for Constitutional Rights |
| 2013-02-18 | Respondent's condensed book, Submitted in Court (14 copies) | Minister of Public Safety and Emergency Preparedness |
| 2013-02-18 | Appellant's condensed book, Submitted in Court (14 copies) | Pierino Divito |
| 2013-02-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-02-18 | Hearing of the appeal, 2013-02-18, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-02-15 | Correspondence received from, 3 reserved seats requested | Canadian Civil Liberties Association |
| 2013-02-13 | Notice of appearance, Cheryl Milne and Audrey Macklin will be present at the hearing. | David Asper Centre for Constitutional Rights |
| 2013-02-12 | Notice of appearance, Gib van Ert, Michael Sobkin and Heather Cochran will be present at the hearing. | British Columbia Civil Liberties Association |
| 2013-02-12 | Order by, F, FURTHER TO THE ORDER dated January 24, 2013, granting leave to intervene to the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights and the British Columbia Civil Liberties Association; 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 the appeal. Granted, no order as to costs |
|
| 2013-02-12 | Reply factum on appeal, Completed on: 2013-02-12 | Minister of Public Safety and Emergency Preparedness |
| 2013-02-11 | Correspondence received from, 6 reserved seats requested | Minister of Public Safety and Emergency Preparedness |
| 2013-02-08 | Intervener's book of authorities, Completed on: 2013-02-08 | David Asper Centre for Constitutional Rights |
| 2013-02-08 | Intervener's factum, Completed on: 2013-02-08 | David Asper Centre for Constitutional Rights |
| 2013-02-08 | Intervener's book of authorities, Completed on: 2013-02-08 | British Columbia Civil Liberties Association |
| 2013-02-08 | Intervener's factum, Completed on: 2013-02-08 | British Columbia Civil Liberties Association |
| 2013-02-08 | Intervener's book of authorities, Completed on: 2013-02-08 | Canadian Civil Liberties Association |
| 2013-02-08 | Intervener's factum, Completed on: 2013-02-08 | Canadian Civil Liberties Association |
| 2013-02-07 | Notice of appearance, Lorne Waldman, Clarisa Waldman and Tamara Morgenthau will be present at the hearing. | Canadian Civil Liberties Association |
| 2013-02-06 | Appeal perfected for hearing | |
| 2013-02-05 | Notice of appearance, Clemente Monterosso and Laurent Carignan will be present at the hearing. | Pierino Divito |
| 2013-02-04 | Respondent's book of authorities, (2 volumes), Completed on: 2013-02-04 | Minister of Public Safety and Emergency Preparedness |
| 2013-02-04 | Respondent's record, Completed on: 2013-02-04 | Minister of Public Safety and Emergency Preparedness |
| 2013-02-04 | Respondent's factum, Completed on: 2013-02-04 | Minister of Public Safety and Emergency Preparedness |
| 2013-01-25 | Order on motion to extend time, (by FISH J.) | |
| 2013-01-25 | Decision on motion to extend time, F, UPON APPLICATION by the appellant for an extension of time to serve and file the Notice of Constitutional Questions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The extension of time is granted. Any Attorney General intending to intervene in this appeal pursuant to Rule 61(4) shall serve and file the notice of intervention together with the factum on or before February 8, 2013. Granted |
|
| 2013-01-25 | Submission of motion to extend time, F | |
| 2013-01-24 | Order on motion for leave to intervene, (by FISH J.) | |
| 2013-01-24 | Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Canadian Prison Law Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association and Newton Cohen and André Picard 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 Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before February 8, 2013. The motions for leave to intervene of the Canadian Prison Law Association and Newton Cohen and André Picard are dismissed. 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 are not 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 respondent by their interventions. AND IT IS HEREBY FURTHER ORDERED THAT the respondent may serve and file a single reply factum to the interveners not to exceed 10 pages in length on or before February 12, 2013 Allowed in part |
|
| 2013-01-24 | Submission of motion for leave to intervene, F | |
| 2013-01-24 | Reply to the motion for leave to intervene, (Letter Form), from Gib van Ert dated Jan. 24/13, Completed on: 2013-01-24 | British Columbia Civil Liberties Association |
| 2013-01-24 | Reply to the motion for leave to intervene, (Letter Form), from Lorne Waldman dated Jan. 24/13, Completed on: 2013-01-24 | Canadian Civil Liberties Association |
| 2013-01-23 | Notice of appearance, Ginette Gobeil and Claude Joyal will be present at the hearing. | Minister of Public Safety and Emergency Preparedness |
| 2013-01-22 | Response to motion to extend time, (Letter Form), from Ginette Gobeil dated Jan. 22/13, Completed on: 2013-01-22 | Minister of Public Safety and Emergency Preparedness |
| 2013-01-22 | Reply to the motion for leave to intervene, (Letter Form), from Cheryl Milne dated Jan. 22/13, Completed on: 2013-01-22 | David Asper Centre for Constitutional Rights |
| 2013-01-21 | Motion to extend time, to serve and file the Notice of Constitutional Questions to Jan. 11/13, Completed on: 2013-01-21 | Pierino Divito |
| 2013-01-18 | Response to the motion for leave to intervene, (Letter Form), from Ginette Gobeil dated Jan. 18/13 (by all interveners), Completed on: 2013-01-18 | Minister of Public Safety and Emergency Preparedness |
| 2013-01-18 | Response to the motion for leave to intervene, (Letter Form), from Clemente Monterosso dated Jan. 17/13 (original rec'd Jan. 21/13), Completed on: 2013-01-18 | Pierino Divito |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | British Columbia Civil Liberties Association |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | David Asper Centre for Constitutional Rights |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | Newton Cohen and André Picard |
| 2013-01-14 | Motion for leave to intervene, (Letter Form), Completed on: 2013-01-14 | Canadian Prison Law Association |
| 2013-01-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-01-14 | Canadian Civil Liberties Association |
| 2013-01-11 | Notice of constitutional question(s), (served Jan. 11/13) (extension requested) | Pierino Divito |
| 2013-01-04 | Appellant's book of authorities, Completed on: 2013-01-04 | Pierino Divito |
| 2013-01-04 | Appellant's record, (2 volumes), Completed on: 2013-01-04 | Pierino Divito |
| 2013-01-04 | Appellant's factum, Completed on: 2013-01-04 | Pierino Divito |
| 2012-12-24 | Correspondence received from, S. Shaughnessy, dated Dec. 24/12; date of transfer (sent to the Court Jan. 2/13) | Minister of Public Safety and Emergency Preparedness |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-12-03 | Order on motion to extend time, (BY THE CHIEF JUSTICE) joint with motion to state a constitutional question | |
| 2012-12-03 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) joint with motion to extend time | |
| 2012-12-03 | Submission of motion to quash, CJ LeB De F Abe Ro Cro Mo Wa | |
| 2012-12-03 | Decision on motion to extend time, CJ, The motion by the respondent to extend the time to serve and file the motion to quash the appeal and the motion to quash the appeal are referred to the panel that will hear the appeal; The motion by the appellant to extend the time to serve and file the response to the motion to quash the appeal is referred to the panel that will hear the appeal; The motion by the appellant to extend the time to serve and file his factum, record and book of authorities is granted. The schedule for serving and filing material is set as follows: a. The appellant’s factum, record and book of authorities are to be served and filed no later than January 7, 2013; b. Any application for leave to intervene is to be served and filed no later than January 14, 2013; c. The responses to any application for leave to intervene are to be served and filed no later than January 21, 2013; d. The replies on any application for leave to intervene are to be served and filed no later than January 24, 2013; e. The respondent’s factum, record and book of authorities are to be served and filed no later than February 4, 2013; f. The interveners’ factums are to be served and filed in accordance with the date set in the order granting leave to intervene; and g. The appeal is to be heard on February 18, 2013. Allowed in part, no order as to costs |
|
| 2012-12-03 | Decision on the motion to state a constitutional question, CJ, The motion by the appellant to extend the time to serve and file the motion to state constitutional questions is granted, and the constitutional questions are stated as follows: (1) Do ss. 10(1)(a) and 10(2)(a), read in conjunction with s. 8(1), of the International Transfer of Offenders Act, S.C. 2004, c. 21, infringe the right guaranteed by s. 6(1) of the Canadian Charter of Rights and Freedoms? (2) If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted, no order as to costs |
|
| 2012-11-30 | Reply to motion to extend time, Completed on: 2012-11-30 | Pierino Divito |
| 2012-11-28 | Correspondence received from, Susan Shaughnessy dated Nov 28/12 re: date of transfer | Minister of Public Safety and Emergency Preparedness |
| 2012-11-27 | Submission of motion to extend time, CJ | |
| 2012-11-27 | Submission of motion to state a constitutional question, CJ | |
| 2012-11-26 | Response to motion to extend time, to file the appellant's motion to state constitutional question and to respond to the motion to quash, Completed on: 2012-11-26 | Minister of Public Safety and Emergency Preparedness |
| 2012-11-26 | Response to the motion to state a constitutional question, (6 copies), Completed on: 2012-11-26 | Minister of Public Safety and Emergency Preparedness |
| 2012-11-26 | General proceeding, Notice of change - Rule 92.1 | Minister of Public Safety and Emergency Preparedness |
| 2012-11-22 | Appeal hearing scheduled, 2013-02-18, (previously Jan. 25/13) Judgment reserved |
|
| 2012-11-20 | Motion to state a constitutional question, (Book Form), Completed on: 2012-11-20 | Pierino Divito |
| 2012-11-20 | Response to the motion to quash, (including an extension of time), Completed on: 2012-11-20 | Pierino Divito |
| 2012-10-25 | Correspondence received from, (by fax) G. Gobeil; hearing date | Minister of Public Safety and Emergency Preparedness |
| 2012-10-19 | Response to motion to extend time, Completed on: 2012-10-19 | Minister of Public Safety and Emergency Preparedness |
| 2012-10-19 | Motion to quash, (Book Form), Motion for extension of time also included, Completed on: 2012-10-19 | Minister of Public Safety and Emergency Preparedness |
| 2012-10-16 | Correspondence received from, L. Carignan, dated Oct. 10/12; notice of change of counsel and advising the Court that the appellant is eligible for parole | Pierino Divito |
| 2012-10-16 | Motion to extend time, (Book Form), to serve and file the factum, record and book of authorities to Dec. 3/12 (missing motion fee), Completed on: 2012-10-16 | Pierino Divito |
| 2012-10-16 | Notice of change of counsel, Clemente Monterosso replaces Marie-Hélène Giroux from the same law firm | Pierino Divito |
| 2012-06-26 | Correspondence received from, Susan Shaughnessy dated June 26 re: change of counsel | Minister of Public Safety and Emergency Preparedness |
| 2012-06-21 | Notice of appeal, (CD missing - rec'd on January 24, 2013), Completed on: 2012-06-21 | Pierino Divito |
| 2012-05-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-25 | Judgment on leave sent to the parties | |
| 2012-05-24 | Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-425-09, 2011 FCA 39, dated February 3, 2011, are granted without costs. Granted, without costs |
|
| 2012-05-24 | Decision on motion to extend time to file and /or serve the leave application Granted, without costs |
|
| 2012-04-10 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-04-10 | Submission of motion to extend time to file and/ or serve the leave application, De F Ka | |
| 2012-02-29 | Respondent's response on the application for leave to appeal, Completed on: 2012-02-29 | Minister of Public Safety and Emergency Preparedness |
| 2012-02-06 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2012-02-06 | Minister of Public Safety and Emergency Preparedness |
| 2012-01-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-01-31 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-01-31 | Pierino Divito |
| 2012-01-31 | Application for leave to appeal, Completed on: 2012-01-31 | Pierino Divito |
| 2011-10-28 | Correspondence received from, Me Vincent Desbiens, dated Oct.28/11, by fax, Re: will be filing an application for leave with motion to extend time in the next month | Pierino Divito |
| 2011-03-01 | Notice of application for leave to appeal, Completed on: 2011-03-01 | Pierino Divito |
- Date modified: