Docket

35024

Attorney General of Canada, et al. v. Christopher John Whaling, et al.

(British Columbia) (Criminal) (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)
2014-03-24 Appeal closed
2014-03-21 Formal judgment sent to the registrar of the court of appeal and all parties
2014-03-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-03-20 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA040061, CA040063 and CA040059, 2012 BCCA 435, dated November 2, 2012, heard on October 15, 2013, is dismissed and the remedy ordered by the trial judge is upheld. Section 10(1) of the Abolition of Early Parole Act, S.C. 2011, c. 11 violates s. 11(h) of the Charter and is accordingly of no force or effect. Sections 125, 126, 126.1 and, by implication, 119.1 of the Corrections and Conditional Release Act, S.C. 1992, c. 20 continue to apply to offenders who were sentenced prior to March 28, 2011.
Dismissed
2014-02-27 Correspondence received from, Notice of change of Law Firm, from Heenan Blaikie to Power Law British Columbia Civil Liberties Association
2014-01-16 Correspondence received from, (Letter Form), Cheryl D. Mitchell, decision of the Quebec Superior Court in Bélanger et al. c. Canada (Commission des Libérations Conditionelles du Canada et al. dated January 9, 2014. AG of Canada has filed a Notice of Appeal in Bélanger. , (Electronic version filed on 2014-01-16) Attorney General of Canada
2013-10-29 Transcript received, (95 pages)
2013-10-15 Judgment reserved OR rendered with reasons to follow
2013-10-15 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) British Columbia Civil Liberties Association
2013-10-15 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Christopher John Whaling
2013-10-15 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Canada
2013-10-15 Acknowledgement and consent for video taping of proceedings, From all parties
2013-10-15 Hearing of the appeal, 2013-10-15, CJ LeB Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-10-11 Supplemental document, Supplemental authorities, Completed on: 2013-10-11 Christopher John Whaling
2013-10-08 Supplemental document, Supplemental Book of Authorites, Completed on: 2013-10-08 Attorney General of Canada
2013-10-08 Notice of appearance, Michael Jackson, Q.C., and Joana Thackeray will be present British Columbia Civil Liberties Association
2013-10-04 Order by, Ka, FURTHER TO THE ORDER dated September 5, 2013, granting leave to intervene to the British Columbia Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2013-10-02 Appeal perfected for hearing
2013-10-01 Notice of appearance, David Lepofsky and Mabel Lai will be present Attorney General of Ontario
2013-10-01 Intervener's factum, (Book Form), Completed on: 2013-10-01 Attorney General of Ontario
2013-10-01 Intervener's book of authorities, Completed on: 2013-10-01 British Columbia Civil Liberties Association
2013-10-01 Intervener's factum, Completed on: 2013-10-01 British Columbia Civil Liberties Association
2013-10-01 Correspondence received from, Ed Van Bemmel re: Amended factum Christopher John Whaling
2013-09-27 Notice of appearance, Cheryl D. Mitchell and Ginette Gobeil will be present Attorney General of Canada
2013-09-27 Notice of appearance, Eric Purtzki and Garth Barriere will be present Attorney General of Canada
2013-09-26 Correspondence received from, 9 reserved seats requested Attorney General of Canada
2013-09-24 Respondent's factum, (Book Form), Amended version filed on 2013-09-30, Completed on: 2013-09-30 Christopher John Whaling
2013-09-24 Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2013-09-24 Christopher John Whaling
2013-09-20 Respondent's record, (Book Form), Service missing (Rec'd 2013-09-30), Completed on: 2013-10-01 Christopher John Whaling
2013-09-19 Supplemental document, (Book Form), Notice of change affecting the Record, Completed on: 2013-09-19 Attorney General of Canada
2013-09-05 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2013-09-05 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the British Columbia Civil Liberties Association 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 British Columbia Civil Liberties Association 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 October 1, 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 respondents any additional disbursements occasioned to the appellant and respondents by its intervention.
Granted
2013-09-05 Submission of motion for leave to intervene, Ka
2013-08-23 Response to the motion for leave to intervene, (Letter Form), from Cheryl D. Mitchell, dated Aug. 23/13, Completed on: 2013-08-23 Attorney General of Canada
2013-08-22 Notice of hearing sent to parties
2013-08-21 Response to the motion for leave to intervene, from Ed Van Bemmel by e-mail, dated Aug. 21/13, Completed on: 2013-08-21 Christopher John Whaling
2013-08-21 Appeal hearing scheduled, 2013-10-15
Judgment reserved
2013-08-20 Motion for leave to intervene, (Book Form), Completed on: 2013-08-20 British Columbia Civil Liberties Association
2013-08-01 Appellant's book of authorities, (5 volumes), Completed on: 2013-08-01 Attorney General of Canada
2013-08-01 Appellant's record, (8 volumes), Completed on: 2013-08-01 Attorney General of Canada
2013-08-01 Appellant's factum, Completed on: 2013-08-01 Attorney General of Canada
2013-06-27 Notice of intervention respecting a constitutional question Attorney General of Ontario
2013-06-07 Notice of constitutional question(s), (served June 7/13) Attorney General of Canada
2013-06-04 Order on motion to state a constitutional question, (by ABELLA J.)
2013-06-04 Decision on the motion to state a constitutional question, Abe, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW:
1. Does s. 10(1) of the Abolition of Early Parole Act, S.C. 2011, c. 11, to the extent that it applies to offenders sentenced before the Abolition of Early Parole Act came into force on March 28, 2011, infringe s. 11(h) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Does s. 10(1) of the Abolition of Early Parole Act, S.C. 2011, c. 11, to the extent that it applies to offenders sentenced before the Abolition of Early Parole Act came into force on March 28, 2011, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
IT IS HEREBY FURTHER ORDERED THAT:
1. The notice of constitutional question shall be served and filed on or before June 10, 2013;
2. Any notices of intervention shall be served and filed on or before July 2, 2013;
3. The appellant’s record, factum and book of authorities shall be served and filed on or before August 2, 2013;
4. Any person interested in applying for leave to intervene shall serve and file their motion on or before August 21, 2013;
5. The responses to any motion for leave to intervene shall be served and filed on or before August 27, 2013;
6. The replies on any motion for leave to intervene shall be served and filed on or before August 30, 2013;
7. The respondents’ records, factums and books of authorities shall be served and filed on or before September 27, 2013;
8. Any interveners under Rule 55 and any attorneys general intervening on constitutional questions shall each serve and file their factum and book of authorities on or before October 1, 2013;
9. This appeal shall be heard on October 15, 2013.
Granted
2013-06-04 Submission of motion to state a constitutional question, Abe
2013-05-22 Response to the motion to state a constitutional question, email from Gowlings dated May 22/13, Completed on: 2013-05-22 Christopher John Whaling
2013-05-13 Motion to state a constitutional question, (Book Form), Completed on: 2013-05-13 Attorney General of Canada
2013-05-13 Notice of appeal, Completed on: 2013-05-13 Attorney General of Canada
2013-04-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-04-12 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-04-12 Judgment on leave sent to the parties
2013-04-11 Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The motion to expedite the hearing of the appeal is granted. The motion for a stay of lower court judgments is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA040061, CA040063 and CA040059, 2012 BCCA 435, dated November 2, 2012, is granted without costs.
Granted, without costs
2013-04-11 Decision on the motion for a stay of execution, see judgment on leave application
Dismissed
2013-02-18 All materials on application for leave submitted to the Judges, F Ro Mo
2013-02-18 Submission of motion for a stay of execution, F Ro Mo
2013-02-07 Applicant's reply to respondent's argument, Completed on: 2013-02-07 Attorney General of Canada
2013-02-07 Reply to motion for a stay of execution, (Book Form), Completed on: 2013-02-07 Attorney General of Canada
2013-01-28 Respondent's response on the application for leave to appeal, Completed on: 2013-01-30 Christopher John Whaling
2013-01-23 Correspondence received from, Cheryl D. Mitchell, Re: Final Court of Appeal Order Attorney General of Canada
2013-01-22 Response to the motion for a stay of execution, (Book Form), Completed on: 2013-01-22 Christopher John Whaling
2013-01-09 Correspondence received from, Cheryl Mitchell, Re: Order form - final order expected Jan.25/13 Attorney General of Canada
2012-12-17 Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order
2012-12-14 Correspondence received from, Cheryl D. Mitchell, dated Dec.14/12, by fax, Re: permits that response to the motion be joint with response of application within 30 days. Attorney General of Canada
2012-12-13 Motion for a stay of execution, (2 volumes) includes Motion to expedite, Completed on: 2012-12-13 Attorney General of Canada
2012-12-13 Application for leave to appeal, (2 volumes), Completed on: 2012-12-17 Attorney General of Canada
2012-10-12 Order issued on motion for a stay of execution, (BY MOLDAVER, J.)
2012-10-12 Decision on the motion for a stay of execution, UPON APPLICATION by the Applicant, the Attorney General of Canada, for:
(a) An interim, interim order staying the judgment of the Supreme Court of British Columbia in these matters, to last until the Respondents file responding materials and the motion for an interim stay is finally disposed of;
(b) An interim order staying the judgment of the Supreme Court of British Columbia in these matters, to last until this motion for a stay is finally disposed of;
(c) An order staying the judgment of the Supreme Court of British Columbia in these matters, to last until the Applicant’s application for leave to appeal is dismissed or, if granted, until the Applicant’s appeal is determined;
(d) An order permitting the parties to file consolidated materials in this application for leave to appeal;
(e) An order permitting the Applicant to file a notice of application for leave to appeal and to file at a later date a perfected application for leave to appeal;
(f) An order that no costs be awarded on this motion;
AND HAVING READ THE MATERIAL FILED AND THE APPLICANT HAVING FILED A NOTICE OF APPLICATION FOR LEAVE TO APPEAL;
IT IS HEREBY ORDERED THAT:
1) The motion for an interim interim stay is dismissed without costs.
2) The motion for an interim stay is dismissed without costs.
3) The motion for an order permitting the Applicant to file a notice of application for leave to appeal and a perfected application for leave to appeal is struck without costs and without prejudice to the Applicant to perfect the Application for Leave to Appeal.
4) The motion permitting the parties to file consolidated materials in these applications for leave to appeal is granted.
5) The remainder is referred to the judges to whom the application for leave to appeal is submitted.
Allowed in part, no order as to costs
2012-10-12 Submission of motion for a stay of execution, Mo
2012-10-11 Correspondence received from, Gowlings, by email, Re: will not file anything further Christopher John Whaling
2012-10-11 Supplemental document, Affidavit of Kelsey Hymander Attorney General of Canada
2012-10-09 Notice of application for leave to appeal, Completed on: 2012-10-09 Attorney General of Canada
2012-10-09 Correspondence received from, (Letter Form), Cheryl D. Mitchell, dated Oct.9/12 Re: brief to the motion for stay Attorney General of Canada
2012-10-09 Response to the motion for a stay of execution, (Letter Form), Completed on: 2012-10-09 Christopher John Whaling
2012-10-09 Motion for a stay of execution, Completed on: 2012-10-09 Attorney General of Canada