Docket
34644
Matthew David Spencer v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2014-11-06 | Appeal closed | |
| 2014-11-06 | Order on motion to extend time, (by CHIEF JUSTICE MCLACHLIN AND JUSTICE LEBEL, ABELLA, ROTHSTEIN, CROMWELL, MOLDAVER, KARAKATSANIS AND WAGNER) | |
| 2014-11-06 | Decision on motion to extend time, (addressed in the order on the motion for re-hearing scheduled November 6, 2014), CJ LeB Abe Ro Cro Mo Ka Wa | |
| 2014-11-06 | Submission of motion to extend time, CJ LeB Abe Ro Cro Mo Ka Wa | |
| 2014-11-06 | Decision on the motion for a re-hearing of the appeal, CJ LeB Abe Ro Cro Mo Ka Wa, UPON APPLICATION by the appellant for an Order amending paragraph 12 of this Court’s judgment that was rendered on June 13, 2014 and a re-hearing on the issue of remedy; AND UPON APPLICATION by the appellant for a motion for an extension of time to serve and file a reply to the response to the motion for amendment and for a re-hearing; AND THE MATERIALS FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion to extend the time to serve and file a reply to the response to the motion for amendment and for a re-hearing is dismissed; 2. The motion to amend the reasons is granted. The third sentence of paragraph 12 is changed to: “The search of Mr. Spencer’s computer revealed about 50 child pornography images and two child pornography videos.”; and 3. The motion for a re-hearing is dismissed. Allowed in part |
|
| 2014-11-06 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ LeB Abe Ro Cro Mo Ka Wa | |
| 2014-10-06 | Reply to motion to extend time, (Letter Form), (proof of service missing), Completed on: 2014-10-08, (Electronic version filed on 2014-10-06) | Matthew David Spencer |
| 2014-09-26 | Response to motion to extend time, (Book Form), Completed on: 2014-10-01 | Her Majesty the Queen |
| 2014-09-24 | Reply to the response to the motion for a re-hearing of the appeal | Matthew David Spencer |
| 2014-09-24 | Motion to extend time, (Letter Form), to file a reply for the appellant's motion for a re-hearing of the appeal. , Completed on: 2014-10-01, (Electronic version filed on 2014-10-02) | Matthew David Spencer |
| 2014-09-24 | Correspondence received from, (Letter Form), appellant advises that he moved residence, (Electronic version filed on 2014-10-08) | Matthew David Spencer |
| 2014-08-25 | Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-25) | Her Majesty the Queen |
| 2014-08-20 | Notice of withdrawal, (Letter Form), Counsel and agent have withdrawn as the appellant's representative., (Electronic version filed on 2014-08-20) | Matthew David Spencer |
| 2014-08-13 | Motion for a re-hearing of the appeal, (Letter Form), and to amend the Court's judgement., Completed on: 2014-08-13, (Electronic version filed on 2014-08-20) | Matthew David Spencer |
| 2014-06-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-06-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-06-13 | Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1857-CR and 1862-CR, 2011 SKCA 144, dated November 25, 2011, heard on December 9, 2013, is dismissed. Dismissed |
|
| 2014-01-29 | Correspondence received from, Ms. Daviau rec'd by faxil 2014/01/29 re: change of address for the law firm of Kapoor Barristers | Canadian Civil Liberties Association |
| 2013-12-30 | Transcript received, (146 pages) | |
| 2013-12-09 | Intervener's condensed book, (one page outline, filed in Court) | Privacy Commissioner of Canada |
| 2013-12-09 | Judgment reserved OR rendered with reasons to follow | |
| 2013-12-09 | Hearing of the appeal, 2013-12-09, CJ LeB Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-12-09 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-12-09 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2013-12-09 | Appellant's condensed book, (Book Form), Filed in Court | Matthew David Spencer |
| 2013-12-05 | Correspondence received from, Daniel Caron re: will be referring to two decision of the Court in his submission (sent to the Court 2013/12/06) | Privacy Commissioner of Canada |
| 2013-12-04 | Correspondence received from, Anthony B. Gerein re: advising the Court that he will be refering to the decision of the Court in R. v. Vu in is arguments and a copy of the decision will be in his condensed book. (sent to the Court 2013/12/06) | Her Majesty the Queen |
| 2013-12-04 | Correspondence received from, Jonathan Dawe re: order in which the intervener wishes to appear. | Criminal Lawyers' Association of Ontario |
| 2013-11-21 | Notice of appearance, Mahmud Jamal, Patricia Kosseim, Daniel Caron and Sarah Speevak will be appearing and Mr. Jamal will make oral submissions | Privacy Commissioner of Canada |
| 2013-11-19 | Notice of appearance, Jonathan Dawe and Jill R. Presser will be present | Criminal Lawyers' Association of Ontario |
| 2013-11-14 | Notice of appearance, Jolaine Antonio will be present at the hearing. | Attorney General of Alberta |
| 2013-11-14 | Notice of appearance, Anthony Gerein will be present at the hearing. | Her Majesty the Queen |
| 2013-11-14 | Notice of appearance, Anil K. Kapoor and Lindsay L. Daviau will be appearing and Mr. Kapoor will be presenting the oral argument. | Canadian Civil Liberties Association |
| 2013-11-13 | Notice of appearance, Susan Magotiaux and Allison Dellandrea will be appearing and Ms. Magotiaux will make oral submission | Attorney General of Ontario |
| 2013-11-13 | Notice of appearance, Ronald Reimer and David Schermbrucker will be present at the hearing. | Director of Public Prosecutions |
| 2013-11-13 | Notice of appearance, Aaron A. Fox, Q.C. and Darren Kraushaar will be present at the hearing. Mr. Fox will present oral submissions. | Matthew David Spencer |
| 2013-09-27 | Order by, Ka, FURTHER TO THE ORDERS dated June 28, 2013 and August 2, 2013, granting leave to intervene to the Privacy Commissioner of Canada, the Director of Public Prosecutions, the Attorney General of Ontario, the Attorney General of Alberta, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said six interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal Granted |
|
| 2013-09-27 | Intervener's book of authorities, Completed on: 2013-09-27 | Canadian Civil Liberties Association |
| 2013-09-27 | Intervener's factum, Completed on: 2013-09-27 | Canadian Civil Liberties Association |
| 2013-09-26 | Intervener's book of authorities, Completed on: 2013-09-26 | Attorney General of Alberta |
| 2013-09-26 | Intervener's factum, Completed on: 2013-09-26 | Attorney General of Alberta |
| 2013-09-26 | Intervener's book of authorities, Completed on: 2013-09-26 | Director of Public Prosecutions |
| 2013-09-26 | Intervener's factum, Completed on: 2013-09-26 | Director of Public Prosecutions |
| 2013-09-26 | Intervener's book of authorities, Completed on: 2013-09-26 | Criminal Lawyers' Association of Ontario |
| 2013-09-26 | Intervener's factum, Completed on: 2013-09-26 | Criminal Lawyers' Association of Ontario |
| 2013-09-26 | Intervener's book of authorities, Completed on: 2013-09-26 | Attorney General of Ontario |
| 2013-09-26 | Intervener's factum, Completed on: 2013-09-26 | Attorney General of Ontario |
| 2013-09-24 | Correspondence received from, Mr. Anil K. Kapoor will assume carriage of this matter. | Canadian Civil Liberties Association |
| 2013-09-09 | Notice of hearing sent to parties | |
| 2013-08-23 | Intervener's book of authorities, (Book Form), 2 volumes, Completed on: 2013-08-23 | Privacy Commissioner of Canada |
| 2013-08-23 | Intervener's factum, (Book Form), Completed on: 2013-08-27 | Privacy Commissioner of Canada |
| 2013-08-21 | Appeal hearing scheduled, 2013-12-09 Judgment reserved |
|
| 2013-08-02 | Order by, Ka, FURTHER TO THE ORDER dated June 28, 2013, requesting further submissions addressing Rule 57(2)(b) of the Rules of the Supreme Court of Canada from the moving parties, the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association Canada and the Criminal Lawyers’ Association of Ontario, seeking 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 Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 27, 2013. 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 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 respondent any additional disbursements occasioned to the appellant and respondent by their interventions Granted |
|
| 2013-07-19 | Supplemental document, email from Jeffrey W. Beedell dated July 19/13 in response to the further submissions filed further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-19 | Matthew David Spencer |
| 2013-07-18 | Supplemental document, (Letter Form), from Gowlings in response to the further submissions filed further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-18 | Her Majesty the Queen |
| 2013-07-12 | Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Jolaine Antonio dated July 12/13, Completed on: 2013-07-12 | Attorney General of Alberta |
| 2013-07-12 | Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Allison Dellandrea dated July 12/13, Completed on: 2013-07-12 | Attorney General of Ontario |
| 2013-07-12 | Supplemental document, (Book Form), further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-12 | Canadian Civil Liberties Association |
| 2013-07-11 | Supplemental document, (Book Form), further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-11 | Criminal Lawyers' Association of Ontario |
| 2013-07-11 | Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Ron Reimer dated July 11/13, Completed on: 2013-07-11 | Director of Public Prosecutions |
| 2013-07-10 | Appeal perfected for hearing | |
| 2013-07-08 | Respondent's book of authorities, Completed on: 2013-07-08 | Her Majesty the Queen |
| 2013-07-08 | Respondent's record, Completed on: 2013-07-08 | Her Majesty the Queen |
| 2013-07-08 | Respondent's factum, Completed on: 2013-07-08 | Her Majesty the Queen |
| 2013-06-28 | Order on motion for leave to intervene, (BY KARAKATSANIS J.) | |
| 2013-06-28 | Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Criminal Lawyers’ Association of Ontario, the Canadian Civil Liberties Association and the Privacy Commissioner of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Privacy Commissioner of Canada 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 August 23, 2013. 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 is 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The motions for leave to intervene of the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario are deferred for fourteen days pending the serving and filing of further submissions from the moving parties addressing Rule 57(2)(b) of the Rules of the Supreme Court of Canada; 2. Any responses to the above-referenced submissions must be served and filed on or before July 19, 2013; 3. Any replies to the responses must be served and filed on or before July 23, 2013. Granted |
|
| 2013-06-28 | Submission of motion for leave to intervene, Ka | |
| 2013-06-20 | Response to the motion for leave to intervene, (Letter Form), from Gowling Lafleur Henderson dated June 20/13, Completed on: 2013-06-20 | Her Majesty the Queen |
| 2013-06-17 | Response to the motion for leave to intervene, (Letter Form), from Aaron A. Fox, Q.C., dated June 13/13 re: response to all motions for intervention, Completed on: 2013-06-17 | Matthew David Spencer |
| 2013-06-13 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-13 | Privacy Commissioner of Canada |
| 2013-06-13 | Motion for leave to intervene, (Book Form), Completed on: 2013-06-13 | Canadian Civil Liberties Association |
| 2013-06-12 | Motion for leave to intervene, Completed on: 2013-06-12 | Criminal Lawyers' Association of Ontario |
| 2013-06-12 | Motion for leave to intervene, Completed on: 2013-06-12 | Attorney General of Ontario |
| 2013-06-12 | Motion for leave to intervene, Completed on: 2013-06-12 | Director of Public Prosecutions |
| 2013-06-10 | Response to the motion for leave to intervene, email from Gowling dated June 10/13, Completed on: 2013-06-10 | Her Majesty the Queen |
| 2013-06-07 | Motion for leave to intervene, Completed on: 2013-06-07 | Attorney General of Alberta |
| 2013-05-16 | Appellant's book of authorities, Completed on: 2013-05-16 | Matthew David Spencer |
| 2013-05-16 | Appellant's record, Completed on: 2013-05-16 | Matthew David Spencer |
| 2013-05-16 | Appellant's factum, Completed on: 2013-05-16 | Matthew David Spencer |
| 2013-03-01 | Correspondence received from, Aaron Fox dated February 28, 2013. Re: Jeffrey Beedell of McMillan LLP will be acting as agent. | Matthew David Spencer |
| 2013-02-27 | Correspondence received from, Aaron A. Fox dated Feb 27/13 re: will be representing the appellant | Matthew David Spencer |
| 2013-02-22 | Notice of appeal, Completed on: 2013-02-22 | Matthew David Spencer |
| 2013-02-18 | Correspondence (sent by the Court) to, Matthew David Spencer, re: self- rep questionnaire | |
| 2013-02-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-01-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-01-25 | Judgment on leave sent to the parties | |
| 2013-01-24 | 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 is granted. The motion to appoint counsel is dismissed without prejudice to the right of the applicant to reapply for the appointment of counsel after leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1857-CR and 1862-CR, 2011 SKCA 144, dated November 25, 2011, is granted without costs, but only on the issues with respect to s. 8 of the Charter and mens rea. Granted, without costs |
|
| 2013-01-24 | Decision on the motion to appoint counsel, See judgment Dismissed |
|
| 2013-01-24 | Decision on motion to extend time to file and /or serve the leave application, See judgment Granted |
|
| 2012-06-04 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-06-04 | Submission of motion to appoint counsel, LeB Abe Cro | |
| 2012-06-04 | Submission of motion to extend time to file and/ or serve the leave application, LeB Abe Cro | |
| 2012-04-19 | Correspondence received from, Tom Irvine dated Apr. 18/12 re motion to appoint | Her Majesty the Queen |
| 2012-04-16 | Motion to appoint counsel, namely Aaron Fox, Q.C., Completed on: 2012-04-16 | Matthew David Spencer |
| 2012-03-14 | Applicant's reply to respondent's argument, Completed on: 2012-03-14 | Matthew David Spencer |
| 2012-03-02 | Book of authorities | Her Majesty the Queen |
| 2012-03-02 | Respondent's response on the application for leave to appeal, Completed on: 2012-03-02 | Her Majesty the Queen |
| 2012-02-07 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-01-31 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 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 | Matthew David Spencer |
| 2012-01-31 | Application for leave to appeal, C/A order missing - Rec'd on February 15, 2012, Completed on: 2012-02-15 | Matthew David Spencer |
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