Docket
36200
K.R.J. v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (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) |
|---|---|---|
| 2016-07-26 | Appeal closed | |
| 2016-07-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-07-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-07-21 | Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA41418, 2014 BCCA 382, dated October 8, 2014, heard on December 2, 2015, is allowed in part. The retrospective operation of s. 161(1)(c) and (d) of the Criminal Code, R.S.C. 1985, c. C-46, limits the right protected by s. 11(i) of the Canadian Charter of Rights and Freedoms. This limit is not justified under s. 1 of the Charter with respect to s. 161(1)(c) but is justified with respect to s. 161(1)(d). The appeal is allowed with respect to s. 161(1)(c). The appeal is dismissed with respect to s. 161(1)(d). Abella and Brown JJ. are dissenting in part. The respondent’s motion to adduce new evidence is granted. Allowed in part |
|
| 2016-07-21 | Decision on motion to adduce new evidence, see judgment on appeal. Granted |
|
| 2016-03-08 | Notice of change of counsel, (Letter Form), Pierre Landry is replacing Richard Gaudreau as agent. | Association des avocats de la défense de Montréal |
| 2015-12-16 | Transcript received, 125 pages. | |
| 2015-12-02 | General proceeding, Questionnaire following the hearing concerning the publication ban and sealing order. | Her Majesty the Queen |
| 2015-12-02 | General proceeding, Questionnaire following the hearing concerning the publication ban and the sealing order. | K.R.J. |
| 2015-12-02 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Attorney General of Ontario |
| 2015-12-02 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Attorney General of Canada |
| 2015-12-02 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies). | Her Majesty the Queen |
| 2015-12-02 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Association des avocats de la défense de Montréal |
| 2015-12-02 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies). | K.R.J. |
| 2015-12-02 | Judgment reserved OR rendered with reasons to follow | |
| 2015-12-02 | Hearing of the appeal, 2015-12-02, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2015-11-27 | Notice of appearance, Stacey D. Young and Jennifer A. Crawford will be appearing on behalf of the Intervener, Attorney General of Ontario. Ms. Young will present oral argument. | Attorney General of Ontario |
| 2015-11-27 | Notice of appearance, Lida Sara Nouraie and Nicholas St-Jacques will attempt the hearing. Mr. St-Jacques will make the oral arguments. | Association des avocats de la défense de Montréal |
| 2015-11-25 | Notice of appearance, John Norris and Cheryl Milne will appear on behalf of the Intervener, David Asper Centre for Constitutional Rights. Mr. Norris will make oral submissions. | David Asper Centre for Constitutional Rights |
| 2015-11-24 | Notice of appearance, Michael A. Feder and Emily MacKinnon will appear on behalf of the Intervener, British Columbia Civil Liberties. Ms. McKinnon will present oral arguments. | British Columbia Civil Liberties Association |
| 2015-11-24 | Notice of appearance, Mr. Matthew R. Gourlay will appear on behalf of the Intervener, Criminal Lawyers' Association (Ontario). | Criminal Lawyers' Association (Ontario) |
| 2015-11-24 | Notice of appearance, Eric Purtzki and Garth Barriere will appears at the hearing for the Appellant. Mr Purtzki will make the oral argument. | K.R.J. |
| 2015-11-23 | Notice of appearance, Ms. Lesley A. Ruzicka will appear on behalf of the Respondent. | Her Majesty the Queen |
| 2015-11-23 | Appeal perfected for hearing | |
| 2015-11-20 | Order by, Cro, FURTHER TO THE ORDER dated October 13, 2015, granting leave to intervene to the Association des avocats de la défense de Montréal, the David Asper Centre for Constitutional Rights, the Criminal Lawyers' Association (Ontario) and the British Columbia Civil Liberties Association; IT IS HEREBY ORDERED THAT: 1. The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The Attorney General of Canada and the Attorney General of Ontario are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-11-19 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-19, (Electronic version filed on 2015-11-19) | Attorney General of Ontario |
| 2015-11-19 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2015-11-19, (Electronic version filed on 2015-11-19) | Attorney General of Ontario |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Attorney General of Canada |
| 2015-11-18 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Attorney General of Canada |
| 2015-11-18 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Association des avocats de la défense de Montréal |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Association des avocats de la défense de Montréal |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | British Columbia Civil Liberties Association |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | British Columbia Civil Liberties Association |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Criminal Lawyers' Association (Ontario) |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Criminal Lawyers' Association (Ontario) |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | David Asper Centre for Constitutional Rights |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | David Asper Centre for Constitutional Rights |
| 2015-11-16 | Notice of appearance, Lesley A. Ruzicka will be appearing for the Respondent. Ms. Ruzicka will be presenting the oral argument. | Her Majesty the Queen |
| 2015-11-06 | Notice of appearance, Richard Kramer and Marc Ribeiro will be appearing for the intervener, Attorney General of Canada. Mr. Kramer will be presenting the oral argument. | Attorney General of Canada |
| 2015-10-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-15) | Her Majesty the Queen |
| 2015-10-15 | Respondent's book of authorities, (Book Form), (3 volumes), Completed on: 2015-10-15, (Electronic version filed on 2015-10-15) | Her Majesty the Queen |
| 2015-10-15 | Respondent's factum, (Book Form), 2 redacted copies., Completed on: 2015-10-21, (Electronic version filed on 2015-10-15) | Her Majesty the Queen |
| 2015-10-13 | Order on motion for leave to intervene, by Justice Cromwell | |
| 2015-10-13 | Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Association des avocats de la défense de Montréal, the David Asper Centre for Constitutional Rights, the Criminal Lawyers' Association (Ontario) and 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 motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before November 18, 2015. 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2015-10-08 | Submission of motion for leave to intervene, Cro | |
| 2015-10-01 | Reply to the motion for leave to intervene, Completed on: 2015-10-02, (Electronic version filed on 2015-10-01) | David Asper Centre for Constitutional Rights |
| 2015-09-29 | Reply to the motion for leave to intervene, Completed on: 2015-09-29 | Criminal Lawyers' Association (Ontario) |
| 2015-09-29 | Reply to the motion for leave to intervene, Completed on: 2015-09-30 | British Columbia Civil Liberties Association |
| 2015-09-28 | Response to the motion for leave to intervene, Completed on: 2015-09-28, (Electronic version filed on 2015-09-28) | Her Majesty the Queen |
| 2015-09-22 | Response to the motion for leave to intervene, Completed on: 2015-09-22 | K.R.J. |
| 2015-09-17 | Motion for leave to intervene, Completed on: 2015-09-17 | British Columbia Civil Liberties Association |
| 2015-09-17 | Motion for leave to intervene, Completed on: 2015-09-17 | Criminal Lawyers' Association (Ontario) |
| 2015-09-17 | Motion for leave to intervene, Completed on: 2015-09-17 | David Asper Centre for Constitutional Rights |
| 2015-09-16 | Submission of motion to adduce new evidence, to the Court | |
| 2015-09-16 | Notice of hearing sent to parties | |
| 2015-09-14 | Motion for leave to intervene, (Book Form), Completed on: 2015-09-14, (Electronic version filed on 2015-09-14) | Association des avocats de la défense de Montréal |
| 2015-08-24 | Appeal hearing scheduled, 2015-12-02 Judgment reserved |
|
| 2015-08-20 | Appellant's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2015-08-20, (Electronic version filed on 2015-08-20) | K.R.J. |
| 2015-08-20 | Appellant's factum, (Book Form), Completed on: 2015-08-20, (Electronic version filed on 2015-08-20) | K.R.J. |
| 2015-08-17 | Certificate (on limitations to public access) | K.R.J. |
| 2015-08-17 | Response to the motion to adduce new evidence, (Book Form), Completed on: 2015-08-17 | K.R.J. |
| 2015-08-17 | Certificate of counsel (attesting to record) | K.R.J. |
| 2015-08-17 | Appellant's record, Volume 2 is sealed - Redacted copy filed (2 volumes), Completed on: 2015-08-17 | K.R.J. |
| 2015-07-27 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2015-07-21 | Correspondence received from, Book of Authorities for motion to be filed October 2015 | Her Majesty the Queen |
| 2015-07-21 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-07-21 | Motion to adduce new evidence, (Book Form), Motion includes 3 affidavits of: Trevor Shaw, Kirk Eaton and Carmen Gress (Sent to the Court on September 16, 2015), Completed on: 2015-07-21 | Her Majesty the Queen |
| 2015-07-02 | Notice of intervention respecting a constitutional question, (Letter Form) | Attorney General of Canada |
| 2015-06-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-06-04 | Notice of constitutional question(s), (Letter Form), All Attorneys General served on June 4, 2015. | K.R.J. |
| 2015-05-28 | Order on motion to state a constitutional question, (by the CHIEF JUSTICE) | |
| 2015-05-28 | Decision on the motion to state a constitutional question, CJ, 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 FOLLOWS: 1. Does the retrospective operation of ss. 161(1)(c) and (d) of the Criminal Code, R.S.C. 1985 c. C-46, as enacted by s. 16 of the Safe Streets and Communities Act, S.C. 2012, c. 1, infringe s. 11(i) 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 section 1 of the Canadian Charter of Rights and Freedoms? IT IS HEREBY FURTHER ORDERED THAT: 1. The respondent shall serve and file a Motion to Adduce New Evidence, with all new evidence and submissions addressing stated constitutional question two (2), no later than eight (8) weeks from the date of this order; 2. The appellant shall serve and file a Response to the Motion to Adduce New Evidence, with all new evidence and submissions addressing stated constitutional question two (2), no later than four (4) weeks from service of the Motion to Adduce New Evidence; 3. The respondent shall serve and file a Reply to the Response to the Motion to Adduce New Evidence, no later than two (2) weeks from service of the Response to the Motion to Adduce New Evidence; and 4. The Motion to Adduce New Evidence shall be referred to the panel seized with hearing the appeal, without prejudice to the right of the respondent to argue that constitutional question two (2) should not be answered. Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. Granted |
|
| 2015-05-28 | Submission of motion to state a constitutional question, CJ | |
| 2015-05-07 | Reply to the motion to state a constitutional question, Completed on: 2015-05-07 | K.R.J. |
| 2015-05-01 | Response to the motion to state a constitutional question, Completed on: 2015-05-01, (Printed version filed on 2015-05-01) | Her Majesty the Queen |
| 2015-04-24 | Motion to state a constitutional question, Completed on: 2015-04-24 | K.R.J. |
| 2015-04-24 | Notice of appeal, Completed on: 2015-04-24 | K.R.J. |
| 2015-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-03-27 | Judgment on leave sent to the parties | |
| 2015-03-26 | 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 British Columbia (Vancouver), Number CA41418, 2014 BCCA 382, dated October 8, 2014, is granted. Granted |
|
| 2015-03-02 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2015-01-30 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-01-30, (Electronic version filed on 2015-02-03) | K.R.J. |
| 2015-01-22 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-01-22 | Respondent's response on the application for leave to appeal, (Book Form), 2 redacted copies were filed on FEB.6/2015, Completed on: 2015-01-22 | Her Majesty the Queen |
| 2014-12-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2014-12-08 | Certificate (on limitations to public access) | K.R.J. |
| 2014-12-08 | Book of authorities | K.R.J. |
| 2014-12-08 | Application for leave to appeal, Completed on: 2014-12-08, (Electronic version due on 2014-12-15) | K.R.J. |
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