Docket
35298
Kevin Fearon v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2014-12-18 | Appeal closed | |
| 2014-12-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-12-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-12-11 | Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C54387, 2013 ONCA 106, dated February 20, 2013, heard on May 23, 2014, is dismissed. LeBel, Abella and Karakatsanis JJ. are dissenting. Dismissed |
|
| 2014-09-04 | Correspondence received from, François Lacasse will participate at the lock-up | Director of Public Prosecutions of Canada |
| 2014-08-20 | Media lock-up request accepted | |
| 2014-08-20 | Media lock-up consent form received from, Respondent | Her Majesty the Queen |
| 2014-08-14 | Media lock-up consent form received from, Appellant | Kevin Fearon |
| 2014-08-07 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2014-07-31 | Correspondence received from, Bronson Toy re: response to request to file a decision of the ONCA (no objection) | Canadian Association of Chiefs of Police |
| 2014-07-31 | Correspondence received from, Pierre Landry re: response to request to file a decision of the ONCA (no objection) | Attorney General of Quebec |
| 2014-07-31 | Correspondence received from, Tami Israel re: response to request to file a decision of the ONCA (no objection) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2014-07-31 | Correspondence received from, (Letter Form), Susan Chapman re: response to request to file a decision of the ONCA (no objection), (Electronic version filed on 2014-07-31) | Criminal Lawyers' Association |
| 2014-07-31 | Correspondence received from, (Letter Form), Gerald Chan re: response to request to file a decision of the ONCA (no objection), (Electronic version filed on 2014-07-31) | British Columbia Civil Liberties Association |
| 2014-07-31 | Correspondence received from, (Letter Form), Karen Collins re: response to request to file CAON decision (no objection), (Electronic version filed on 2014-07-31) | Her Majesty the Queen |
| 2014-07-31 | Correspondence received from, (Letter Form), Sam Goldstein re: response to request to file ONCA decision (no objection), (Electronic version filed on 2014-07-31) | Kevin Fearon |
| 2014-07-31 | Correspondence received from, (Letter Form), Kevin Wilson re: request to file a decision of the ONCA R. v. Lucas (original copy filed August 5, 2014) (Sent to the Court on 2014-08-01), (Electronic version filed on 2014-07-31) | Director of Public Prosecutions of Canada |
| 2014-07-02 | Correspondence received from, (Letter Form), Marie-France Major re: filing of 2014 SCC 43 (sent to the Court 2014-07-03) | Kevin Fearon |
| 2014-06-27 | Correspondence received from, (Letter Form), Burke-Robertson re: the respondent consent to the filing of supplemental decisions on behalf of the Appellant (sent to the Court 2014-07-03), (Printed version filed on 2014-06-27) | Her Majesty the Queen |
| 2014-06-26 | Correspondence received from, (Letter Form), Mr. Wilson re: consent to the filing of supplemental decisions, (Printed version filed on 2014-06-26) | Director of Public Prosecutions of Canada |
| 2014-06-26 | Correspondence received from, (Letter Form), Mr. Bronson re: consent to the filing of supplemental decision, (Printed version filed on 2014-06-26) | Canadian Association of Chiefs of Police |
| 2014-06-25 | Correspondence received from, (Letter Form), Gerald Chan re: consent to the filing of the decisions, (Printed version filed on 2014-06-25) | British Columbia Civil Liberties Association |
| 2014-06-25 | Correspondence received from, (Letter Form), Tamir Israel re: consent to the filing of the decisions, (Printed version filed on 2014-06-25) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2014-06-25 | Correspondence received from, (Letter Form), Gowlings re: CCLA consent to both the appellant and respondent filing of decisions, (Printed version filed on 2014-06-25) | Canadian Civil Liberties Association |
| 2014-06-25 | Correspondence received from, (Letter Form), Mr. Goldstein re: will send formal consent if they can file Queen v. Spence, (Printed version filed on 2014-06-25) | Kevin Fearon |
| 2014-06-25 | Correspondence received from, (Letter Form), Burke-Robertson re: respondent request that two decisions be put before the Court one of BCCA and SC United States , (Electronic version filed on 2014-06-25) | Her Majesty the Queen |
| 2014-06-13 | Media lock-up requested or proposed | |
| 2014-06-09 | Transcript received, 141 pages | |
| 2014-05-23 | Judgment reserved OR rendered with reasons to follow | |
| 2014-05-23 | Hearing of the appeal, 2014-05-23, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
|
| 2014-05-23 | Intervener's condensed book, (Book Form) | Director of Public Prosecutions of Canada |
| 2014-05-23 | Intervener's condensed book, (Book Form) | Attorney General of Quebec |
| 2014-05-05 | Order on motion to extend time | |
| 2014-05-05 | Decision on motion to extend time, Ro, UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an extension of time in which to file its materials in the above-noted appeal; AND THE MATERIALS FILED having been read; WHEREAS the appellant has not filed a response to the motion and the respondent takes no position with respect to the motion; AND UPON NOTING that the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic does not seek leave to present oral arguments in the hearing of this matter; IT IS HEREBY ORDERED THAT: The motion for an extension of time until 5:00pm on April 22, 2014 for the Moving Party's filing of its factum and book of authorities is granted. Granted |
|
| 2014-05-05 | Submission of motion to extend time, Ro | |
| 2014-04-24 | Response to motion to extend time, (Letter Form), submited by Randy Schwartz on April 24, 2014., Completed on: 2014-04-24, (Printed version filed on 2014-04-24) | Her Majesty the Queen |
| 2014-04-22 | Motion to extend time, (Letter Form), to file their factum to 2014-05-03 and does not request oral argument, Completed on: 2014-04-22, (Electronic version due on 2014-04-29) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2014-04-22 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-23, (Electronic version filed on 2014-04-22) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2014-04-22 | Intervener's factum, (Book Form), Completed on: 2014-04-23, (Electronic version filed on 2014-04-22) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2014-04-16 | Notice of hearing sent to parties, (Revised) | |
| 2014-04-14 | Notice of appearance, Jolaine Antonio will be appearing | Attorney General of Alberta |
| 2014-04-14 | Appeal hearing scheduled, 2014-05-23, Early start 9:00 a.m. (previously scheduled for April 16, 2014) Judgment reserved |
|
| 2014-04-11 | Notice of appearance, Leonard T. Doust and Bronson Toy will be appearing and Mr. Doust will present oral arguments | Canadian Association of Chiefs of Police |
| 2014-04-11 | Correspondence received from, Mr. Bullerwell rec'd by fax re: proposed speaking order before de Court | British Columbia Civil Liberties Association |
| 2014-04-11 | Notice of appearance, Dane F. Bullerwell and Jeffrey W. Beedell will be appearing and Mr. Bullerwell will present oral argument | Criminal Trial Lawyers' Association (Alberta) |
| 2014-04-11 | Correspondence received from, 1 reserve seats requested | Canadian Civil Liberties Association |
| 2014-04-11 | Notice of appearance, Matthew Milne-Smith will be appearing | Canadian Civil Liberties Association |
| 2014-04-11 | Notice of appearance, Gerald Chan and Nader Hasan will be appearing and Mr. Chan will make oral submission | British Columbia Civil Liberties Association |
| 2014-04-10 | Notice of appearance, Dominique A. Jobin and Abdou Thiaw will be appearing and Ms. Jobin will present oral arguments | Attorney General of Quebec |
| 2014-04-10 | Notice of appearance, Kevin Wilson and Paul Riley will be appearing | Director of Public Prosecutions of Canada |
| 2014-04-10 | Correspondence received from, (Letter Form), Jolaine Antonio rec'd by fax re: order of presentation , (Electronic version filed on 2014-04-10) | Director of Public Prosecutions of Canada |
| 2014-04-10 | Order by, Ro, FURTHER TO THE ORDER dated February 4, 2014, granting leave to intervene to the Director of Public Prosecutions of Canada, the Attorney General of Quebec, the Attorney General of Alberta, the British Columbia Civil Liberties Association, the Criminal Trial Lawyers’ Association (Alberta), the Canadian Civil Liberties Association, the Canadian Association of Chiefs of Police and the Criminal Lawyers’ Association; IT IS HEREBY FURTHER ORDERED THAT: 1. The Director of Public Prosecutions of Canada, the Attorney General of Alberta, the British Columbia Civil Liberties Association and the Criminal Trial Lawyers’ Association (Alberta) are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal. 2. The Attorney General of Quebec, the Canadian Civil Liberties Association and the Canadian Association of Chiefs of Police are each granted permission to present oral argument not exceeding 5 minutes at the hearing of the appeal. 3. The factum of the Criminal Lawyers’ Association will be considered without the need for oral argument. Allowed in part |
|
| 2014-04-07 | Notice of appearance, Randy Schwartz will be appearing | Her Majesty the Queen |
| 2014-04-04 | Notice of appearance, Sam Goldstein and Shelley Flam will be appearing and Mr. Goldstein will make oral submission | Kevin Fearon |
| 2014-04-02 | Intervener's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2014-04-09, (Electronic version filed on 2014-04-01) | Criminal Trial Lawyers' Association (Alberta) |
| 2014-04-01 | Intervener's factum, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-04-01) | Criminal Trial Lawyers' Association (Alberta) |
| 2014-04-01 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-04-01) | Attorney General of Alberta |
| 2014-04-01 | Intervener's factum, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-04-01) | Attorney General of Alberta |
| 2014-04-01 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-01) | Director of Public Prosecutions of Canada |
| 2014-04-01 | Intervener's factum, (Book Form), Completed on: 2014-04-04, (Electronic version filed on 2014-04-01) | Director of Public Prosecutions of Canada |
| 2014-04-01 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-02, (Electronic version filed on 2014-04-01) | Criminal Lawyers' Association |
| 2014-04-01 | Intervener's factum, (Book Form), Completed on: 2014-04-01, (Electronic version filed on 2014-04-01) | Criminal Lawyers' Association |
| 2014-03-31 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-03-31) | Canadian Civil Liberties Association |
| 2014-03-31 | Intervener's factum, (Book Form), Completed on: 2014-04-09, (Electronic version filed on 2014-03-31) | Canadian Civil Liberties Association |
| 2014-03-31 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | British Columbia Civil Liberties Association |
| 2014-03-31 | Intervener's factum, (Book Form), Completed on: 2014-03-31, (Electronic version filed on 2014-03-31) | British Columbia Civil Liberties Association |
| 2014-03-31 | Intervener's book of authorities, (Book Form), Completed on: 2014-04-02, (Electronic version filed on 2014-03-31) | Canadian Association of Chiefs of Police |
| 2014-03-31 | Intervener's factum, (Book Form), Completed on: 2014-04-02, (Electronic version filed on 2014-03-31) | Canadian Association of Chiefs of Police |
| 2014-03-27 | Intervener's book of authorities, Original service rec'd 2014-04-14, Completed on: 2014-03-27 | Attorney General of Quebec |
| 2014-03-27 | Intervener's factum, Completed on: 2014-03-28 | Attorney General of Quebec |
| 2014-03-07 | Notice of hearing sent to parties | |
| 2014-02-27 | Correspondence received from, Notice of change of law firm, from McMillan to Gowlings | Criminal Trial Lawyers' Association (Alberta) |
| 2014-02-06 | Appeal perfected for hearing | |
| 2014-02-04 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2014-02-04 | Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Director of Public Prosecutions of Canada, the Attorney General of Quebec, the Attorney General of Alberta, Wen Tung Yu, the South Asian Legal Clinic of Ontario, Justice for Children and Youth, the Samuel-Glushko Canadian Internet Policy and Public Interest Clinic, the British Columbia Civil Liberties Association, the Criminal Trial Lawyers’ Association (Alberta), the Canadian Civil Liberties Association and the Canadian Association of Chiefs of Police for leave to intervene in the above appeal; AND UPON APPLICATION by the Criminal Lawyers’ Association for an extension of time to apply for leave to intervene and 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 Director of Public Prosecutions of Canada, the Attorney General of Quebec, the Attorney General of Alberta, the Samuel-Glushko Canadian Internet Policy and Public Interest Clinic, the British Columbia Civil Liberties Association, the Criminal Trial Lawyers’ Association (Alberta), the Canadian Civil Liberties Association and the Canadian Association of Chiefs of Police are granted and the said eight interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 1st, 2014. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Criminal Lawyers’ 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 April 1st, 2014. The motions for leave to intervene of Wen Tung Yu, Justice for Children and Youth and the South Asian Legal Clinic are dismissed. 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. Interveners with identical or similar interests are instructed to consult, in order to ensure, as far as possible, that their factums are not redundant or repetitive. 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. Allowed in part |
|
| 2014-02-04 | Submission of motion for leave to intervene, Ro | |
| 2014-02-03 | Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2014-02-03 | Her Majesty the Queen |
| 2014-02-03 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2014-02-03 | Respondent's record, (Book Form), 2 volumes, Completed on: 2014-02-03 | Her Majesty the Queen |
| 2014-02-03 | Respondent's factum, (Book Form), Completed on: 2014-03-04 | Her Majesty the Queen |
| 2014-01-20 | Reply to the motion for leave to intervene, (Letter Form), from Gerald Chan and Nader R. Hasan dated 2014-01-20, Completed on: 2014-01-20 | British Columbia Civil Liberties Association |
| 2014-01-17 | Reply to the motion for leave to intervene, (Letter Form), from Najma Jamaldin dated 2014-01-17, Completed on: 2014-01-17 | South Asian Legal Clinic of Ontario |
| 2014-01-17 | Reply to the motion for leave to intervene, (Letter Form), from Mary Birdsell dated 2014-01-16, Completed on: 2014-01-17 | Justice for Children and Youth |
| 2014-01-16 | Reply to the motion for leave to intervene, (Letter Form), from Tamir Israel dated 2014-01-16, Completed on: 2014-01-16 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2014-01-10 | Response to the motion for leave to intervene, (Letter Form), from Randy Schwartz dated 2014-01-10 re: response to all motions but Yu, Completed on: 2014-01-10 | Her Majesty the Queen |
| 2014-01-10 | Reply to the motion for leave to intervene, (Letter Form), from Jolaine Antonio dated 2014-01-10, Completed on: 2014-01-10 | Attorney General of Alberta |
| 2014-01-10 | Reply to the motion for leave to intervene, (Letter Form), from Dominique A. Jobin dated 2014-01-10, Completed on: 2014-01-10 | Attorney General of Quebec |
| 2014-01-10 | Reply to the motion for leave to intervene, (Letter Form), from Bronson Toy dated 2014-01-09, Completed on: 2014-01-10 | Canadian Association of Chiefs of Police |
| 2013-12-30 | Response to the motion for leave to intervene, (Letter Form), from Sam Goldstein dated 2013-12-30 re: response to all motions, Completed on: 2013-12-30 | Kevin Fearon |
| 2013-12-20 | Reply to the motion for leave to intervene, (Letter Form), from Marie-France Major dated 2013-12-20, Completed on: 2013-12-20 | Wen Tung Yu |
| 2013-12-19 | Motion for leave to intervene, (joint with an extension of time), Completed on: 2013-12-19 | Criminal Lawyers' Association |
| 2013-12-17 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-17 | Canadian Association of Chiefs of Police |
| 2013-12-17 | Response to the motion for leave to intervene, (response to CCLA), Completed on: 2013-12-17 | Her Majesty the Queen |
| 2013-12-17 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-17 | Canadian Civil Liberties Association |
| 2013-12-17 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 | Criminal Trial Lawyers' Association (Alberta) |
| 2013-12-17 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-17 | British Columbia Civil Liberties Association |
| 2013-12-17 | Motion for leave to intervene, (amended motion to correct typographical errors file 2013-13-19), Completed on: 2013-12-17 | Attorney General of Quebec |
| 2013-12-17 | Motion for leave to intervene, Completed on: 2013-12-17 | Attorney General of Alberta |
| 2013-12-17 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-17 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2013-12-16 | Motion for leave to intervene, fee missing, rec'd 2013-12-23, Completed on: 2013-12-24 | Director of Public Prosecutions of Canada |
| 2013-12-16 | Motion for leave to intervene, Completed on: 2013-12-18 | South Asian Legal Clinic of Ontario |
| 2013-12-16 | Response to the motion for leave to intervene, (Letter Form), from Randy Schwartz dated 2013-12-16 re: response to motion filed by Mr. Yu, Completed on: 2013-12-16 | Her Majesty the Queen |
| 2013-12-13 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-13 | Justice for Children and Youth |
| 2013-12-04 | Motion for leave to intervene, (Book Form), fee missing (rec'd 2013-12-06), Completed on: 2013-12-09 | Wen Tung Yu |
| 2013-11-19 | Appellant's factum, (Book Form), Completed on: 2013-11-19 | Kevin Fearon |
| 2013-11-19 | Appellant's book of authorities, Completed on: 2013-11-19 | Kevin Fearon |
| 2013-11-19 | Appellant's record, Completed on: 2013-11-19 | Kevin Fearon |
| 2013-08-29 | Notice of appeal, Completed on: 2013-08-29 | Kevin Fearon |
| 2013-07-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-07-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-07-12 | Judgment on leave sent to the parties | |
| 2013-07-11 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54387, 2013 ONCA 106, dated February 20, 2013, is granted without costs, but limited to the issue of the cell phone search. Granted, without costs |
|
| 2013-06-10 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-05-17 | Applicant's reply to respondent's argument, Completed on: 2013-05-17 | Kevin Fearon |
| 2013-05-08 | Respondent's response on the application for leave to appeal, Completed on: 2013-05-08 | Her Majesty the Queen |
| 2013-04-10 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2013-04-08 | Application for leave to appeal, C/A order missing - Rec'd on April 18, 2013, Completed on: 2013-04-18 | Kevin Fearon |
- Date modified: