Docket

35684

Her Majesty the Queen, et al. v. Sidney Charles, et al.

(Ontario) (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)
2015-04-15 Appeal closed
2015-04-15 Formal judgment sent to the registrar of the court of appeal and all parties
2015-04-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-04-14 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal for Ontario, Number C54111, 2013 ONCA 681, dated November 12, 2013, heard on November 7, 2014, is dismissed. Rothstein, Moldaver and Wagner JJ. are dissenting. The mandatory minimum sentences imposed by s. 95(2)(a)(i) and (ii) of the Criminal Code, R.S.C. 1985, c. C-46, are inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms and are therefore declared of no force or effect under s. 52 of the Constitution Act, 1982. However, Mr. Charles’ sentence was appropriate and is upheld.
Dismissed
2015-02-19 Media lock-up request refused
2015-01-19 Media lock-up requested or proposed
2014-11-24 Transcript received, (183 pages)
2014-11-07 Judgment reserved OR rendered with reasons to follow
2014-11-07 Intervener's condensed book, Submitted in Court(14 copies) - Joint with 35678 Attorney General of Alberta
2014-11-07 Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35678 Attorney General of Canada
2014-11-07 Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35678 Her Majesty the Queen
2014-11-07 Hearing of the appeal, 2014-11-07, CJ LeB Abe Ro Cro Mo Ka Wa Ga
Judgment reserved
2014-11-04 Appeal hearing scheduled, 2014-11-07, Early Start 9 a.m. (previously December 11, 2014)
Judgment reserved
2014-11-03 Order by, (by KARAKATSANIS J.), Ka, FURTHER TO THE ORDER dated September 29, 2014, granting leave to intervene to the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Pivot Legal Society and the Canadian Association for Community Living in these appeals and granting leave to intervene to the John Howard Society, the Advocates’ Society, the Canadian Bar Association, the Canada’s National Firearms Association and the African Canadian Legal Clinic in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur;
IT IS HEREBY FURTHER ORDERED THAT:
1. The Advocates’ Society, the African Canadian Legal Clinic, the British Columbia Civil Liberties Association and the Canadian Bar Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
2. The factums of the Canadian Civil Liberties Association, the Pivot Legal Society, the Canadian Association for Community Living, the John Howard Society and the Canada’s National Firearms Association will be considered without the need for oral argument.
Granted
2014-10-30 Appeal perfected for hearing
2014-10-29 Notice of appearance, Michael Dineen and Carlos Rippell will be present at the hearing. Sidney Charles
2014-10-24 Intervener's book of authorities, Completed on: 2014-10-24 Canadian Civil Liberties Association
2014-10-24 Intervener's factum, Completed on: 2014-10-24 Canadian Civil Liberties Association
2014-10-24 Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-24 Canadian Association for Community Living
2014-10-24 Intervener's factum, Joint with 35678, Completed on: 2014-10-24 Canadian Association for Community Living
2014-10-24 Intervener's book of authorities, Joint with 25678, Completed on: 2014-10-24 Pivot Legal Society
2014-10-24 Intervener's factum, Joint with 35678, Completed on: 2014-10-24 Pivot Legal Society
2014-10-24 Intervener's book of authorities, Joint with 35678 (2 volumes), Completed on: 2014-10-24 Attorney General of Alberta
2014-10-24 Intervener's factum - AG on constitutional question, Joint with 35678, Completed on: 2014-10-24 Attorney General of Alberta
2014-10-24 Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-24 British Columbia Civil Liberties Association
2014-10-24 Intervener's factum, Joint with 35678, Completed on: 2014-10-24 British Columbia Civil Liberties Association
2014-10-24 Notice of appearance, Rodney Garson will be present at the hearing. Attorney General of British Columbia
2014-10-23 Intervener's factum - AG on constitutional question, Joint with 35678, Completed on: 2014-10-23 Attorney General of Quebec
2014-10-23 Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-23 Attorney General of British Columbia
2014-10-23 Intervener's factum - AG on constitutional question, Joint with 35678, Completed on: 2014-10-23 Attorney General of British Columbia
2014-10-23 Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-23 Attorney General of Quebec
2014-10-20 Notice of appearance, Julie Dassylva and Gilles Laporte will be present at the hearing. Attorney General of Quebec
2014-10-17 Respondent's book of authorities, Completed on: 2014-10-17 Sidney Charles
2014-10-17 Respondent's factum, Completed on: 2014-10-20 Sidney Charles
2014-10-10 Notice of withdrawal, of intervention respecting constitutional questions (Letter Form) Attorney General of Nova Scotia
2014-09-29 Order on motion for leave to intervene, (By KARAKATSANIS J.)
2014-09-29 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Pivot Legal Society and the Canadian Association for Community Living for leave to intervene in the above appeals;
AND UPON APPLICATIONS by the John Howard Society, the Advocates’ Society, the Canadian Bar Association, the Canada’s National Firearms Association and the African Canadian Legal Clinic for leave to intervene in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur;
AND UPON APPLICATION by the African Canadian Legal Clinic for an extension of time to serve and file a motion for leave to intervene in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to serve and file the motion for leave to intervene of the African Canadian Legal Clinic is granted.
The motions for leave to intervene of the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Pivot Legal Society and the Canadian Association for Community Living are granted and the said four interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in these appeals on or before October 24, 2014.
The motions for leave to intervene of the John Howard Society, the Advocates’ Society, the Canadian Bar Association, the Canada’s National Firearms Association and the African Canadian Legal Clinic are granted and the said five interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur on or before October 24, 2014.
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.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
Granted
2014-09-29 Submission of motion for leave to intervene, Ka
2014-09-19 Reply to the motion for leave to intervene, Joint with 35678, Completed on: 2014-09-19, (Electronic version filed on 2014-09-19) Canadian Civil Liberties Association
2014-09-18 Reply to the motion for leave to intervene, Completed on: 2014-09-18 Canadian Association for Community Living
2014-09-17 Response to the motion for leave to intervene, (Letter Form), to CACL, Completed on: 2014-09-17 Sidney Charles
2014-09-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-09-17 Her Majesty the Queen
2014-09-17 Reply to the motion for leave to intervene, Completed on: 2014-09-17 Pivot Legal Society
2014-09-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-09-17 Attorney General of Canada
2014-09-17 Response to the motion for leave to intervene, to BCCLA, CCLA & Pivot Legal Society , Completed on: 2014-09-17 Sidney Charles
2014-09-15 Notice of appearance, Edward D. Delaney, Q.C. and Jennifer A. McLellan will be present at the hearing. Ms. McLellan will make oral arguments. Attorney General of Nova Scotia
2014-09-12 Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-16) Canadian Association for Community Living
2014-09-12 Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) British Columbia Civil Liberties Association
2014-09-12 Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) Canadian Civil Liberties Association
2014-09-10 Motion for leave to intervene, (Book Form), Joint with 35678, Completed on: 2014-09-10, (Electronic version filed on 2014-09-10) Pivot Legal Society
2014-09-08 Notice of hearing sent to parties
2014-08-28 Order by, CJ, IT IS HEREBY ORDERED THAT:
1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 12, 2014.
2. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before September 17, 2014.
3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before September 19, 2014.
4. The respondent’s record, factum and book of authorities shall be served and filed no later than eight (8) weeks after the service of the appellants’ records, factums and books of authorities.
5. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall file and serve their factum and book of authorities on or before October 24, 2014.
6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than October 24, 2014.
Granted
2014-08-22 Certificate of counsel (attesting to record) Her Majesty the Queen
2014-08-22 Appellant's book of authorities, (Book Form), Completed on: 2014-08-22 Her Majesty the Queen
2014-08-22 Appellant's record, (Book Form), Completed on: 2014-08-22 Her Majesty the Queen
2014-08-22 Appellant's factum, (Book Form), Completed on: 2014-08-22, (Printed version filed on 2014-08-22) Her Majesty the Queen
2014-08-22 Appellant's book of authorities, (Book Form), 2 volumes, Completed on: 2014-08-22, (Electronic version filed on 2014-08-22) Attorney General of Canada
2014-08-22 Appellant's factum, (Book Form), Service missing (rec'd 2014-09-05), Completed on: 2014-09-05, (Electronic version filed on 2014-08-22) Attorney General of Canada
2014-07-03 Notice of intervention respecting a constitutional question Attorney General of Quebec
2014-06-27 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2014-06-26 Notice of intervention respecting a constitutional question Attorney General of Nova Scotia
2014-06-26 Notice of intervention respecting a constitutional question Attorney General of Alberta
2014-06-09 Notice of constitutional question(s), All Attorneys General served on June 5, 2014 Her Majesty the Queen
2014-06-03 Order on motion to state a constitutional question, (by THE CHIEF JUSTICE)
2014-06-03 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;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Does s. 95(2)(a)(ii) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 12 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. 95(2)(a)(ii) of the Criminal Code, R.S.C. 1985, c. C-46, 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?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention.
IT IS HEREBY FURTHER ORDERED THAT:
Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than November 27, 2014.
Granted
2014-06-03 Submission of motion to state a constitutional question, CJ
2014-05-26 Correspondence received from, Michael Dineen by e-mail, re: constitutional questions Sidney Charles
2014-05-21 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-21, (Printed version filed on 2014-05-21) Attorney General of Canada
2014-05-20 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-20 Her Majesty the Queen
2014-05-15 Response to the motion to state a constitutional question, (Letter Form), Consents, Completed on: 2014-05-15, (Electronic version filed on 2014-05-15) Sidney Charles
2014-05-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-05-05 Notice of appeal, Completed on: 2014-05-05 Her Majesty the Queen
2014-05-05 Notice of appeal, Completed on: 2014-05-05 Attorney General of Canada
2014-05-02 Motion to state a constitutional question, (Letter Form), Completed on: 2014-05-02, (Printed version filed on 2014-05-05) Her Majesty the Queen
2014-04-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-04-11 Judgment on leave sent to the parties
2014-04-10 Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54111, 2013 ONCA 681, dated November 12, 2013, are granted. The request for an order pursuant to s. 694.1 of the Criminal Code is dismissed.
Granted
2014-03-17 All materials on application for leave submitted to the Judges, Abe Ro Mo
2014-02-24 Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a formal response, Completed on: 2014-02-24, (Electronic version filed on 2014-02-24) Sidney Charles
2014-01-17 Letter acknowledging receipt of an incomplete application for leave to appeal, (2nd APPLICATION)
2014-01-16 Letter acknowledging receipt of an incomplete application for leave to appeal, (1st APPLICATION)
2014-01-10 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-01-10) Attorney General of Canada
2014-01-10 Application for leave to appeal, (Book Form), (2 nd APPLICATION) Lower Court Decision rec' d 2014/01/20 and joint with 35678, Completed on: 2014-01-20, (Electronic version filed on 2014-01-10) Attorney General of Canada
2014-01-10 Certificate (on limitations to public access), (Letter Form), (1st APPLICATION), (Electronic version filed on 2014-01-10) Her Majesty the Queen
2014-01-10 Application for leave to appeal, (Book Form), (1st APPLICATION) , Completed on: 2014-01-28, (Electronic version filed on 2014-01-10) Her Majesty the Queen