Docket

34914

Erin Lee MacDonald, et al. v. Her Majesty the Queen, et al.

(Nova Scotia) (Criminal) (As of Right / 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)
2014-01-20 Appeal closed
2014-01-20 Formal judgment sent to the registrar of the court of appeal and all parties
2014-01-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-01-17 Judgment on the appeal rendered, CJ LeB F Abe Ro Mo Wa, The appeal brought by Erin Lee MacDonald from the judgment of the Nova Scotia Court of Appeal, Number CAC 347642, 2012 NSCA 50, dated May 11, 2012, heard on May 23, 2013, is dismissed. The Crown’s appeal on the charge under section 95(1) of the Criminal Code is allowed and the conviction is restored. The matter is remitted to the Court of Appeal for sentencing.
Dismissed
2013-06-03 Transcript received, (91 pages)
2013-05-23 Judgment reserved OR rendered with reasons to follow
2013-05-23 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2013-05-23 Appellant's condensed book, Submitted in Court (14 copies) Erin Lee MacDonald
2013-05-23 Acknowledgement and consent for video taping of proceedings, From all parties
2013-05-23 Hearing of the appeal, 2013-05-23, CJ LeB F Abe Ro Mo Wa
Judgment reserved
2013-05-16 Notice of appearance, Hersh Wolch and Janna Watts will be present at the hearing. Erin Lee MacDonald
2013-05-14 Notice of appearance, John Pearson and Michelle Campbell will be present at the hearing. Attorney General of Ontario
2013-05-13 Notice of appearance, Ann Marie Simmons and James Martin will be present at the hearing. Director of Public Prosecutions
2013-05-10 Correspondence received from, Henry Brown dated May 10, 2013. Re: Proposed allocation of time at hearing Her Majesty the Queen
2013-05-10 Correspondence received from, 1 reserved seat requested Her Majesty the Queen
2013-05-10 Notice of appearance, William Delaney and Timothy O'Leary will be present at the hearing. Her Majesty the Queen
2013-05-10 Order by, Ro, FURTHER TO THE ORDERS dated February 18, 2013, and April 25, 2013, granting leave to intervene to the Attorney General of Ontario and the Director of Public Prosecutions;
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
2013-05-09 Respondent's book of authorities, (Book Form), Completed on: 2013-05-09 Erin Lee MacDonald
2013-05-09 Respondent's factum, (Book Form), PDF version missing, Completed on: 2013-05-23 Erin Lee MacDonald
2013-05-09 Intervener's book of authorities, (Book Form), Completed on: 2013-05-09 Attorney General of Ontario
2013-05-09 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-05-14 Attorney General of Ontario
2013-05-09 Intervener's book of authorities, (Book Form), Completed on: 2013-05-09 Director of Public Prosecutions
2013-05-09 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2013-05-09 Director of Public Prosecutions
2013-04-25 Order on motion for leave to intervene, (by ROTHSTEIN J.)
2013-04-25 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Director of Public Prosecutions 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 Director of Public Prosecutions 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 May 9, 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Granted
2013-04-25 Submission of motion for leave to intervene, Ro
2013-04-18 Reply to the motion for leave to intervene, Will not be filing a reply, Completed on: 2013-04-18 Director of Public Prosecutions
2013-04-17 Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated Apr. 17/13, Completed on: 2013-04-17 Erin Lee MacDonald
2013-04-11 Motion for leave to intervene, Completed on: 2013-04-11 Director of Public Prosecutions
2013-03-20 Appellant's book of authorities, Completed on: 2013-03-20 Her Majesty the Queen
2013-03-20 Appellant's record, Completed on: 2013-03-20 Her Majesty the Queen
2013-03-20 Appellant's factum, Completed on: 2013-03-20 Her Majesty the Queen
2013-03-18 Respondent's book of authorities, Completed on: 2013-03-18 Her Majesty the Queen
2013-03-18 Respondent's factum, Completed on: 2013-03-18 Her Majesty the Queen
2013-03-15 Correspondence received from, John Pearson by fax, re: contradicting orders with respect to the filing deadline of the intervener materials. Attorney General of Ontario
2013-03-13 Notice of hearing sent to parties
2013-03-07 Appeal hearing scheduled, 2013-05-23, (previously tent. sched. for April 25/13)
Judgment reserved
2013-02-18 Order on motion for leave to intervene, (by ROTHSTEIN J.)
2013-02-18 Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Attorney General of Ontario 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 Attorney General of Ontario 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 April 15, 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention
Granted
2013-02-18 Submission of motion for leave to intervene, Ro
2013-02-06 Order on motion to extend time, (BY THE CHIEF JUSTICE) (see Order dated Feb. 6/13)
2013-02-06 Decision on motion to extend time, CJ, (see Order of the Chief Justice dated Feb. 6/13)
Granted, no order as to costs
2013-02-06 Submission of motion to extend time, CJ
2013-02-06 Order on motion to state a constitutional question, (by the Chief Justice)
2013-02-06 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant, Her Majesty the Queen, for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
The motion is dismissed.
IT IS FURTHER ORDERED THAT:
a) Her Majesty the Queen’s respondent factum, record and book of authorities on the as of right appeal shall be served and filed on or before March 18, 2013;
b) Her Majesty the Queen’s appellant factum, record and book of authorities on the leave appeal shall be served and filed on or before March 28, 2013;
c) Mr. MacDonald’s respondent factum, record and book of authorities on the leave appeal shall be served and filed on or before May 9, 2013;
d) Any person interested in applying for leave to intervene shall serve and file their motion on or before April 11, 2013;
e) The responses to any application for leave to intervene to be served and filed no later than April 16, 2013;
f) The replies on any application for leave to intervene to be served and filed no later than April 18, 2013;
g) Any interveners under Rule 55 shall serve and file their factum and book of authorities on or before May 9, 2013;
h) This appeal shall be heard on May 23, 2013.
Dismissed
2013-02-06 Submission of motion to state a constitutional question, CJ
2013-02-04 Reply to the motion for leave to intervene, (Letter Form), from John Pearson dated Feb. 4/13, Completed on: 2013-02-04 Attorney General of Ontario
2013-01-29 Reply to the motion to state a constitutional question, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 29/13, Completed on: 2013-01-29 Her Majesty the Queen
2013-01-22 Response to the motion to state a constitutional question, (Letter Form), from Robert E. Houston, Q.C. dated Jan. 22/13, Completed on: 2013-01-22 Erin Lee MacDonald
2013-01-22 Response to motion to extend time, (Letter Form), from Robert E. Houston, Q.C. dated Jan. 22/13, Completed on: 2013-01-22 Erin Lee MacDonald
2013-01-22 Response to the motion for leave to intervene, (Letter Form), from Hersh Wolch, Q.C. dated Jan. 22/13, Completed on: 2013-01-22 Erin Lee MacDonald
2013-01-10 Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Jan. 10/13, Completed on: 2013-01-10 Her Majesty the Queen
2012-12-20 Motion for leave to intervene, Completed on: 2012-12-20 Attorney General of Ontario
2012-12-17 Motion to extend time, To serve and file the respondent's factum, record and book of authorities in the appeal as of right to March 18, 2013. (Dealt with in Order dated Feb. 6/13), Completed on: 2012-12-17 Her Majesty the Queen
2012-12-17 Motion to state a constitutional question, Completed on: 2012-12-18 Her Majesty the Queen
2012-12-17 Notice of appeal, Completed on: 2012-12-17 Her Majesty the Queen
2012-11-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-11-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-11-23 Judgment on leave sent to the parties
2012-11-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 347642, 2012 NSCA 50, dated May 11, 2012, is granted without costs.
Granted, without costs
2012-11-05 Appeal perfected for hearing
2012-11-05 Appellant's book of authorities, Completed on: 2012-11-05 Erin Lee MacDonald
2012-11-05 Appellant's record, Completed on: 2012-11-05 Erin Lee MacDonald
2012-11-05 Appellant's factum, Completed on: 2012-11-05 Erin Lee MacDonald
2012-10-17 Order on motion to extend time
2012-10-17 Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Nov. 5/12, Reg
Granted, no order as to costs
2012-10-16 Submission of motion to extend time, Reg
2012-10-11 Response to motion to extend time, to serve and file the Appellant's factum, email from Henry Brown dated October 11/12, Completed on: 2012-10-11 Her Majesty the Queen
2012-10-11 Motion to extend time, to serve and file the Appellant's factum on November 5/12, Completed on: 2012-10-11 Erin Lee MacDonald
2012-10-05 Correspondence received from, Henry Brown dated October 4/12 re: filing deadlines Her Majesty the Queen
2012-10-03 Correspondence received from, Robert Houston dated Oct. 2/12 and rec'd by e-mail re: Filing Deadlines Erin Lee MacDonald
2012-09-26 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (tent. hearing date changed-letter sent by fax to parties)
2012-09-26 Correspondence received from, Mr. Wolch by email, re.: consents to the proposed hearing dates (May 2013). Erin Lee MacDonald
2012-09-26 Correspondence received from, Gowlings by email, re.: consents to the proposed hearing dates (May 2013). Her Majesty the Queen
2012-09-25 Correspondence received from, Wolch, deWit, Silverberg & Watts by fax, re.: hearing date (response to letter filed Sept. 25/12) Erin Lee MacDonald
2012-09-25 Correspondence received from, Nova Scotia Public Prosecution Service by fax, re.: hearing date Her Majesty the Queen
2012-09-24 All materials on application for leave submitted to the Judges, LeB F Ka
2012-09-19 Correspondence received from, Burke-Robertson by email, re.: does not consent to move the hearing date (response to letter filed Sept. 13/12) Erin Lee MacDonald
2012-09-19 Respondent's response on the application for leave to appeal, (Letter Form), does not intend to file a response, Completed on: 2012-09-19 Erin Lee MacDonald
2012-09-13 Correspondence received from, Nova Scotia Public Prosecution Service dated Sept. 7, 2012, re.: request for a change of hearing date Her Majesty the Queen
2012-08-22 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2012-08-15 Order on motion to extend time to serve and/or file notice of appeal
2012-08-15 Decision on motion to extend time to serve and/or file notice of appeal, to July 27/12, Ro
Granted
2012-08-15 Submission of motion to extend time to serve and/or file notice of appeal submitted, Ro
2012-08-15 Letter acknowledging receipt of a complete application for leave to appeal
2012-08-10 Book of authorities, (Book Form) Her Majesty the Queen
2012-08-10 Application for leave to appeal, (Book Form), fee missing, rec'd August 17/12, Completed on: 2012-08-15 Her Majesty the Queen
2012-07-31 Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), from Jennifer A. MacLellan dated July 20/12 (included in motion), Completed on: 2012-07-31 Her Majesty the Queen
2012-07-31 Motion to extend the time to serve and/or file the notice of appeal, to July 27/12, Completed on: 2012-07-31 Erin Lee MacDonald
2012-07-27 Notice of appeal, Completed on: 2012-08-07 Erin Lee MacDonald