Docket
35093
Dax Richard Mack v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-09-30 | Appeal closed | |
| 2014-09-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-09-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-09-26 | Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0803-0054-A, 2012 ABCA 42, dated February 27, 2012, heard on December 3, 2013, is dismissed. Dismissed, no order as to costs |
|
| 2014-05-23 | Correspondence received, from Robby D. Ash (counsel for Mr. Hart - 35049), re: requesting relief of his undertaking dated December 5, 2013 | |
| 2013-12-17 | Transcript received, (192 pages) | |
| 2013-12-05 | Correspondence received, from Robby D. Ash (counsel for Nelson Lloyd Hart - 35049) by fax, re: undertaking further to the letter of the Deputy Registrar dated December 4, 2013 (Joint with 35049) | |
| 2013-12-04 | Correspondence (sent by the Court) to, Robby D. Ash and Henry Brown, Q.C. by hand & facsimile, re: DVD of hearing (Joint with 35049) | |
| 2013-12-03 | Judgment reserved OR rendered with reasons to follow | |
| 2013-12-03 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-12-03 | Appellant's condensed book, Submitted in Court (14 copies) | Dax Richard Mack |
| 2013-12-03 | General proceeding, Questionnaire following the hearing concerning the publication ban | Her Majesty the Queen |
| 2013-12-03 | General proceeding, Questionnaire following the hearing concerning the publication ban | Dax Richard Mack |
| 2013-12-03 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-12-03 | Hearing of the appeal, 2013-12-03, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
|
| 2013-11-21 | Notice of appearance, James C. Robb and David Labrenz will be present at the hearing. | Her Majesty the Queen |
| 2013-11-07 | Order by, Ro, Joint with 35049 FURTHER TO THE ORDER dated October 22, 2013 setting the time for oral argument in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED THAT: 1. The respondent Nelson Lloyd Hart and the amicus curiae shall divide their time as follows: Nelson Lloyd Hart 25 minutes Amicus curiae 35 minutes 2. The request of the appellant in Her Majesty the Queen v. Nelson Lloyd Hart (35049) for additional time for oral argument is denied. Granted |
|
| 2013-11-07 | Notice of appearance, Laura K. Stevens, Q.C. and Sarah N. DeSouza will be appearing | Dax Richard Mack |
| 2013-11-05 | Correspondence received, Gowlings by fax, re: Criminal Lawyers' Association of Ontario and Association in Defence of the Wrongly Convicted will each take 15 minutes of oral argument from the time allowed in Justice Rothstein's order | |
| 2013-11-04 | Correspondence received from, James C. Martin by fax, re: Crown interveners will equally share the 30 minutes allotted to them in Justice Rothstein's order | Attorney General of Ontario |
| 2013-10-22 | Order by, (Joint with 35049), Ro, THE FOLLOWING ORDER IS RENDERED: The time for oral argument at the hearing of these appeals shall be as follows: Her Majesty the Queen (35049 - R. v. Hart): 45 minutes Nelson Lloyd Hart and Amicus curiae (35049 - R. v. Hart): Total of 45 minutes Dax Richard Mack (35093 - Mack v. R.): 45 minutes Her Majesty the Queen (35093 - Mack v. R.): 45 minutes Total of 30 minutes: Director of Public Prosecutions (35049 - R. v. Hart) Attorney General of Ontario (35049 - R. v. Hart and 35093 - Mack v. R.) Directeur des poursuites criminelles et pénales du Québec (35049 - R. v. Hart) Attorney General for the Province of British Columbia (35049 - R. v. Hart and 35093 - Mack v. R.) Total of 30 minutes: Association in Defence of the Wrongly Convicted (35049 - R. v. Hart) British Columbia Civil Liberties Association (35049 - R. v. Hart) Criminal Lawyers' Association of Ontario (35049 - R. v. Hart) Canadian Civil Liberties Association (35049 - R. v. Hart) Association des avocats de la défense de Montréal (35049 - R. v. Hart) Reply (35049 - R. v. Hart): 5 minutes Reply (35093 - Mack v. R.): 5 minutes The respondent Nelson Lloyd Hart and the amicus curiae shall consult to determine how the allotted time will be divided between them and shall inform the Court of their determination in writing. Each group of interveners shall consult to determine how the allotted time will be divided among them and shall inform the Court of their determination in writing. The written proposals of the interveners, the respondent and the amicus curiae shall be served and filed no later than November 5, 2013. Allowed in part |
|
| 2013-10-22 | Appeal hearing scheduled, 2013-12-03, Early start 9:00 a.m. Judgment reserved |
|
| 2013-10-08 | Intervener's book of authorities, Joint with 35049, Completed on: 2013-10-08 | Attorney General of Ontario |
| 2013-10-08 | Intervener's factum, Joint with 35049, Completed on: 2013-10-08 | Attorney General of Ontario |
| 2013-10-08 | Intervener's book of authorities, Joint with 35049 (3 volumes), Completed on: 2013-10-08 | Attorney General for the Province of British Columbia |
| 2013-10-08 | Intervener's factum, Joint with 35049, Completed on: 2013-10-08 | Attorney General for the Province of British Columbia |
| 2013-10-03 | Correspondence received from, Laura K. Stevens, Q.C. by fax, re: scheduling and timing of hearing | Dax Richard Mack |
| 2013-10-01 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2013-10-01 | Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Ontario and the Attorney General for the Province of British Columbia 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 and the Attorney General for the Province of British Columbia are granted and the said interveners must each include their submissions with respect to this appeal and the appeal in Her Majesty the Queen v. Nelson Lloyd Hart (35049) in a single ten-page factum to be filed on or before October 8, 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. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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 |
|
| 2013-10-01 | Submission of motion for leave to intervene, Ro | |
| 2013-10-01 | Appeal perfected for hearing | |
| 2013-09-24 | Respondent's book of authorities, (3 volumes), Completed on: 2013-09-24 | Her Majesty the Queen |
| 2013-09-24 | Respondent's record, (3 volumes), Completed on: 2013-09-24 | Her Majesty the Queen |
| 2013-09-24 | Respondent's factum, Completed on: 2013-09-24 | Her Majesty the Queen |
| 2013-09-12 | Response to the motion for leave to intervene, (e-mail from Raija Pulkkinen, re: joint response to the motion filed by the Attorney General of British Columbia and to the motion filed by the Attorney General of Ontario), Completed on: 2013-09-12 | Dax Richard Mack |
| 2013-09-04 | Response to the motion for leave to intervene, email from Henry S. Brown, Q.C. dated Sept. 4/13, Completed on: 2013-09-04 | Her Majesty the Queen |
| 2013-09-03 | Motion for leave to intervene, Completed on: 2013-09-03 | Attorney General for the Province of British Columbia |
| 2013-09-03 | Motion for leave to intervene, Completed on: 2013-09-03 | Attorney General of Ontario |
| 2013-09-03 | Notice of hearing sent to parties | |
| 2013-08-19 | Discontinuance of motion for leave to intervene | Association des avocats de la défense de Montréal |
| 2013-08-13 | Response to the motion for leave to intervene, (Letter Form), from James C. Robb, Q.C. dated Aug 13/13, Completed on: 2013-08-13 | Her Majesty the Queen |
| 2013-08-07 | Correspondence received from, Raija Pulkkinen dated August 7, 2013. Re: In regards to the publication ban, no mention of names of the undercover operators appear in the factum or record | Dax Richard Mack |
| 2013-08-06 | Appellant's book of authorities, (5 volumes), Completed on: 2013-08-06 | Dax Richard Mack |
| 2013-08-06 | Appellant's record, (6 volumes), Completed on: 2013-08-06 | Dax Richard Mack |
| 2013-08-06 | Appellant's factum, Completed on: 2013-08-06 | Dax Richard Mack |
| 2013-08-06 | Motion for leave to intervene, (Joint with 35049), Completed on: 2013-08-06 | Association des avocats de la défense de Montréal |
| 2013-05-13 | Notice of appeal, (new form 25B filed - no change), Completed on: 2013-05-14 | Dax Richard Mack |
| 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 for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0803-0054-A, 2012 ABCA 42, dated February 27, 2012, is granted without costs. Granted, without costs |
|
| 2013-04-11 | Decision on motion to extend time to file and /or serve the leave application, see judgment Granted |
|
| 2013-03-04 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-03-04 | Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa | |
| 2013-01-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-01-07 | Her Majesty the Queen |
| 2012-12-04 | Correspondence received from, Laura Stevens dated Dec 3, 2012 re: sealed documents. | Dax Richard Mack |
| 2012-12-03 | Supplemental document, Charge to the jury (SEALED) | Dax Richard Mack |
| 2012-11-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-11-23 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Included in the application, Completed on: 2012-11-23 | Dax Richard Mack |
| 2012-11-23 | Application for leave to appeal, (Book Form), requested amended form 25B (rec'd on Dec 3/12), Completed on: 2012-12-03 | Dax Richard Mack |
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