Docket
34524
Mandeep Singh Chehil v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2013-10-01 | Appeal closed | |
| 2013-09-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-09-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-09-27 | Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 339413, 2011 NSCA 82, dated September 16, 2011, heard on January 22, 2013, is dismissed. Dismissed |
|
| 2013-03-01 | Supplemental document, Decision of the U.S Supreme Court in Florida v. Harris (submitted to the Court of Mar 4/13), Completed on: 2013-03-01 | Mandeep Singh Chehil |
| 2013-02-25 | Correspondence received from, François Lacasse re: consenting to change of record (submitted to the Court on Mar 4/13) | Her Majesty the Queen |
| 2013-02-19 | Correspondence received from, Moira Dillon re: change of court record. (Submitted to the Court on Feb 20/13) | Mandeep Singh Chehil |
| 2013-02-05 | Transcript received, (130 pages) | |
| 2013-01-22 | Judgment reserved OR rendered with reasons to follow | |
| 2013-01-22 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) joint with 34397 | Attorney General of Ontario |
| 2013-01-22 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies), joint with 34397 | Canadian Civil Liberties Association |
| 2013-01-22 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-01-22 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Mandeep Singh Chehil |
| 2013-01-22 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-01-22 | Hearing of the appeal, 2013-01-22, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-01-17 | Order on motion to strike out, (BY LEBEL J.) | |
| 2013-01-17 | Decision on motion to strike out, LeB, UPON APPLICATION by the respondent for an order striking paragraphs 1, 2 and 5 to 29 of the factum of the intervener, British Columbia Civil Liberties Association or in the alternative, for an order to have a constitutional question stated and to adjourn this appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: In my view, the factum of the British Columbia Civil Liberties Association does not raise a new issue, but focuses instead on what the R. v. Kang Brown, [2008] 1 S.C.R. 456 standard governing sniffer dog searches means and what its consequences and weaknesses may be. The factum does not go beyond the legitimate scope of an intervention in the context of this appeal. Interveners often comment on the state of the law, how it functions or why and how it should be reformed. That is the essence of an intervener’s role in this Court and that is what the British Columbia Civil Liberties Association’s intervention is doing in this appeal. For these reasons, I would dismiss the motion to strike parts of its factum, and I would not give effect to the alternative request to adjourn the hearing of the appeal in order to permit the parties to file a motion to state a constitutional question. Dismissed, no order as to costs |
|
| 2013-01-17 | Submission of motion to strike out, LeB | |
| 2013-01-16 | Response to motion to strike out, (Letter Form), from Amy Alyea dated Jan. 16/13, Completed on: 2013-01-16 | Attorney General of Ontario |
| 2013-01-16 | Response to motion to strike out, (Letter Form), from Stanley W. MacDonald dated Jan. 16/13, Completed on: 2013-01-16 | Mandeep Singh Chehil |
| 2013-01-14 | Response to motion to strike out, (Letter Form), from Michael A. Feder dated Jan. 14/13 (joint with 34397), Completed on: 2013-01-14 | British Columbia Civil Liberties Association |
| 2013-01-14 | Motion to strike out, (Book Form), paragraphs of BCCLA intevener's factum (joint with 34397), Completed on: 2013-01-14 | Her Majesty the Queen |
| 2013-01-11 | Notice of appearance, Michael Feder and Michael Rosenberg will be present at the hearing. | British Columbia Civil Liberties Association |
| 2013-01-11 | Notice of appearance, Amy Alyea will be present at the hearing. | Attorney General of Ontario |
| 2013-01-11 | Notice of appearance, Will not be appearing at the hearing. | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2013-01-11 | Notice of appearance, Mark Covan and Douglas Curliss, Q.C. will be present at the hearing. | Her Majesty the Queen |
| 2013-01-10 | Decision on motion to extend time, LeB, AND IT IS HEREBY FURTHER ORDERED THAT the motion by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic extending the time to serve and file its factum and book of authorities to January 9, 2013 is granted. The request to present oral argument at the hearing of these appeals is denied. Granted, no order as to costs |
|
| 2013-01-10 | Submission of motion to extend time, LeB | |
| 2013-01-10 | Order by, LeB, FURTHER TO THE ORDER dated November 5, 2012, granting leave to intervene to the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic; AND UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an order extending the time to serve and file its factum and book of authorities to January 9, 2013; AND THE MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED that the Attorney General of Ontario, the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. AND IT IS HEREBY FURTHER ORDERED THAT the motion by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic extending the time to serve and file its factum and book of authorities to January 9, 2013 is granted. The request to present oral argument at the hearing of these appeals is denied. Granted, no order as to costs |
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| 2013-01-09 | Intervener's book of authorities, Completed on: 2013-01-10 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2013-01-09 | Intervener's factum, CD to follow - Rec'd on January 17, 2013, Completed on: 2013-01-18 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2013-01-09 | Motion to extend time, to serve and file their factum and book of authorities to Jan. 9/13 - joint with 34397, Completed on: 2013-01-09 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2013-01-08 | Notice of appearance, Stan MacDonald will be present at the hearing. | Mandeep Singh Chehil |
| 2013-01-08 | Notice of appearance, Mahmud Jamal, David Mollica and David Rankin will be present at the hearing. | Canadian Civil Liberties Association |
| 2013-01-07 | Intervener's book of authorities, Joint with 34397, Completed on: 2013-01-07 | Attorney General of Ontario |
| 2013-01-07 | Intervener's factum, Joint with 34397, Completed on: 2013-01-07 | Attorney General of Ontario |
| 2013-01-04 | Intervener's book of authorities, Joint with 34397, Completed on: 2013-01-04 | British Columbia Civil Liberties Association |
| 2013-01-04 | Intervener's factum, Joint with 34397, Completed on: 2013-01-04 | British Columbia Civil Liberties Association |
| 2013-01-03 | Intervener's book of authorities, Joint with 34397, Completed on: 2013-01-03 | Canadian Civil Liberties Association |
| 2013-01-03 | Intervener's factum, Joint with 34397, Completed on: 2013-01-03 | Canadian Civil Liberties Association |
| 2012-12-11 | Submission of motion to adduce new evidence | |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-12-03 | Order on motion to adduce new evidence, (BY LEBEL J.) | |
| 2012-11-29 | Decision on motion to adduce new evidence, LeB, UPON APPLICATION by the respondent for an order admitting as fresh evidence the affidavit of Cpl. Greg Fraser (retired), sworn on October 22, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is deferred to the panel hearing the appeal. Referred, no order as to costs |
|
| 2012-11-29 | Submission of motion to adduce new evidence, LeB | |
| 2012-11-26 | Reply to motion to adduce new evidence, (Letter Form), from Mark Govan dated Nov 26/12 (submitted to panel Dec. 11/12), Completed on: 2012-11-26 | Her Majesty the Queen |
| 2012-11-22 | Correspondence received from, Burke Robertson rec'd by email Nov. 22/12 re: change of solicitor | Attorney General of Ontario |
| 2012-11-22 | Appeal hearing scheduled, 2013-01-22, (to be heard with 34397) Judgment reserved |
|
| 2012-11-15 | Response to the motion to adduce new evidence, (Book Form), (sent to panel Dec. 11/12), Completed on: 2012-11-15 | Mandeep Singh Chehil |
| 2012-11-06 | Motion to adduce new evidence, (Book Form), Vol. I & II (sent to panel Dec. 11/12), Completed on: 2012-11-06 | Her Majesty the Queen |
| 2012-11-05 | Order on motion for leave to intervene, (BY LEBEL J.) (joint with 34397) | |
| 2012-11-05 | Decision on the motion for leave to intervene, (joint with 34397), LeB, UPON APPLICATIONS by the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are granted and the said four interveners shall be entitled to each serve and file a single factum not to exceed 10 pages in length on or before January 7, 2013. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions Granted |
|
| 2012-11-05 | Submission of motion for leave to intervene, LeB | |
| 2012-10-30 | Appeal perfected for hearing | |
| 2012-10-22 | Respondent's book of authorities, Completed on: 2012-10-22 | Her Majesty the Queen |
| 2012-10-22 | Respondent's record, Completed on: 2012-10-22 | Her Majesty the Queen |
| 2012-10-22 | Respondent's factum, Completed on: 2012-10-22 | Her Majesty the Queen |
| 2012-10-02 | Reply to the motion for leave to intervene, (Letter Form), from Tamir Israel dated October 2/12, Completed on: 2012-10-02 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-10-02 | Response to the motion for leave to intervene, (Letter Form), from François Lacasse dated Oct 2/12 (joint with 34397), Completed on: 2012-10-02 | Her Majesty the Queen |
| 2012-09-28 | Response to the motion for leave to intervene, (Letter Form), from Stanley MacDonald dated Sept 27/12, Completed on: 2012-09-28 | Mandeep Singh Chehil |
| 2012-09-27 | Response to the motion for leave to intervene, (Letter Form), from Stanley Macdonald dated Sept 27/12 re: response to motion for intervention of AG Ontario, Completed on: 2012-09-27 | Mandeep Singh Chehil |
| 2012-09-24 | Motion for leave to intervene, (Book Form), (joint with 34397), Completed on: 2012-09-24 | British Columbia Civil Liberties Association |
| 2012-09-24 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-24 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-09-24 | Motion for leave to intervene, (Book Form), (joint with 34397), Completed on: 2012-09-24 | Canadian Civil Liberties Association |
| 2012-09-17 | Motion for leave to intervene, (joint with 34397), Completed on: 2012-09-17 | Attorney General of Ontario |
| 2012-08-27 | Appellant's record, (Book Form), Vol. 1 to 5, Completed on: 2012-08-27 | Mandeep Singh Chehil |
| 2012-08-27 | Appellant's book of authorities, (Book Form), Completed on: 2012-08-27 | Mandeep Singh Chehil |
| 2012-08-27 | Appellant's factum, (Book Form), Completed on: 2012-08-29 | Mandeep Singh Chehil |
| 2012-06-05 | Notice of appeal, Completed on: 2012-06-05 | Mandeep Singh Chehil |
| 2012-05-22 | Transcript received, (18 pages) | |
| 2012-05-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-08 | Judgment on leave sent to the parties | |
| 2012-05-07 | Judgment of the Court on the application for leave to appeal, After hearing the parties on the leave application on May 7, 2012, the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 339413, 2011 NSCA 82, dated September 16, 2011, is granted without costs, Deschamps J. dissenting. Granted, without costs |
|
| 2012-05-07 | Hearing of the application for leave to appeal, 2012-05-07, CJ De Cro Decision rendered |
|
| 2012-05-07 | Correspondence received from, All parties consented to broadcast and distribution | Mandeep Singh Chehil |
| 2012-05-03 | Correspondence (sent by the Court) to, Mr. Covan re: confirming the videoconference | |
| 2012-05-02 | Correspondence received from, Stan MacDonald appearing in person | Mandeep Singh Chehil |
| 2012-05-02 | Correspondence received from, Mr. Covan appearing by videoconference | Her Majesty the Queen |
| 2012-04-16 | Correspondence received from, Stanley W. MacDonald, Q.C. will be appearing at the hearing of the application | Mandeep Singh Chehil |
| 2012-03-29 | Correspondence received from, François Lacasse re: request for videoconference | Her Majesty the Queen |
| 2012-03-29 | Notice of hearing sent to parties, (Oral hearing on application for leave) | |
| 2012-03-29 | Appeal hearing scheduled, 2012-05-07, (Oral hearing on Application for Leave) (Start Time - 9:30 A.M.) | |
| 2012-03-29 | Order by, CJ De Cro, The request for an oral hearing of the application for leave to appeal from the judgment of the of the Nova Scotia Court of Appeal, Number CAC 339413, 2011 NSCA 82, dated September 16, 2011 is granted. The hearing is scheduled for May 7, 2012. Oral hearing ordered |
|
| 2012-02-20 | All materials on application for leave submitted to the Judges, 2012-05-07, CJ De Cro Decision rendered |
|
| 2012-01-10 | Applicant's reply to respondent's argument, Originaly rec'd by fax, Completed on: 2012-01-10 | Mandeep Singh Chehil |
| 2011-12-13 | Respondent's response on the application for leave to appeal, Completed on: 2011-12-13 | Her Majesty the Queen |
| 2011-11-15 | Correspondence received from, Moira Dillon dated November 14, 2011. Re: No formal order was issued at the trial court | Mandeep Singh Chehil |
| 2011-11-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-11-14 | Application for leave to appeal, (the applicant has requested an oral hearing of this leave application pursuant to s. 43(1.2) of the Supreme Court Act.), Completed on: 2011-11-14 | Mandeep Singh Chehil |
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