Docket
36410
Matthew John Anthony-Cook v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2017-07-04 | Appeal closed | |
| 2016-10-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-10-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-10-21 | Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA042018, 2015 BCCA 22, dated January 19, 2015, heard on March 31, 2016, is allowed and the appellant’s sentence is varied to bring it into conformity with the sentence jointly proposed by the Crown and defence, namely, that the appellant serve an additional 18 months in custody, with no period of probation to follow. Allowed |
|
| 2016-04-18 | Transcript received, 149 pages. | |
| 2016-03-31 | Hearing of the appeal, 2016-03-31, Abe Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2016-03-31 | Judgment reserved OR rendered with reasons to follow | |
| 2016-03-31 | Intervener's condensed book, (Book Form), Sumitted in the hearing room (14 copies). | Association des avocats de la défense de Montréal |
| 2016-03-31 | Appellant's condensed book, (Book Form), Submitted at the hearing (14 copies). | Matthew John Anthony-Cook |
| 2016-03-29 | Notice of appearance, Elise Nakelsky will be present at the hearing for the Intervener, Attorney general of Ontario. Ms. Nakelsky will present oral argument. | Attorney General of Ontario |
| 2016-03-29 | Notice of appearance, Ryan Dalziel and Emily Lapper will appear on behalf of the Intervener, British Columbia Civil Liberties Association. Mr Dalziel will do the oral arguments. | British Columbia Civil Liberties Association |
| 2016-03-29 | Notice of appearance, Nicholas St-Jacques, Lida Sara Nouraie and Walid Hijazi will be at the hearing for the Intervener, Association des avocats de la défense de Montréal. Mr. St-Jacques will make the oral arguments. | Association des avocats de la défense de Montréal |
| 2016-03-22 | Notice of appearance, Micah B. Rankin, Michael Sobkin and Jeremy G. Jenson will appear at the hearing for the Appellant. Mr. Rankin will make the oral arguments. | Matthew John Anthony-Cook |
| 2016-03-21 | Notice of appearance, David W. Schermbrucker and Monica McQueen will appear on behalf of the intervener, Director of Public Prosecutions. Mr. Schermbrucker will be presenting the oral arguments. | Director of Public Prosecutions of Canada |
| 2016-03-18 | Notice of appearance, Joseph Di Luca and Erin Dann will appear as counsel on behalf of the Intervener, Criminal Lawyers' Association (Ontario). Mr. Di Luca will present oral argument. | Criminal Lawyers' Association (Ontario) |
| 2016-03-17 | Order by, Côt, FURTHER TO THE ORDER dated January 29, 2016, granting leave to intervene to the Attorney General of Ontario, the Criminal Lawyers' Association (Ontario), the Director of Public Prosecutions, l’Association des avocats de la défense de Montréal and the British Columbia Civil Liberties Association; IT IS HEREBY ORDERED THAT: The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2016-03-16 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Criminal Lawyers' Association (Ontario) |
| 2016-03-16 | Intervener's factum, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Criminal Lawyers' Association (Ontario) |
| 2016-03-16 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Director of Public Prosecutions of Canada |
| 2016-03-16 | Intervener's factum, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Director of Public Prosecutions of Canada |
| 2016-03-16 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-16) | Association des avocats de la défense de Montréal |
| 2016-03-16 | Intervener's factum, (Book Form), Completed on: 2016-03-16, (Electronic version filed on 2016-03-16) | Association des avocats de la défense de Montréal |
| 2016-03-15 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-15) | British Columbia Civil Liberties Association |
| 2016-03-15 | Intervener's factum, (Book Form), Completed on: 2016-03-15, (Electronic version filed on 2016-03-15) | British Columbia Civil Liberties Association |
| 2016-03-14 | Intervener's book of authorities, (Book Form), Completed on: 2016-03-14, (Electronic version filed on 2016-03-14) | Attorney General of Ontario |
| 2016-03-14 | Intervener's factum, (Book Form), Completed on: 2016-03-14, (Electronic version filed on 2016-03-14) | Attorney General of Ontario |
| 2016-03-08 | Notice of change of counsel, (Letter Form), Intervener, Association des avocats de la défense de Montréal - Me Pierre Landry will replace Richard Gaudreau. | Association des avocats de la défense de Montréal |
| 2016-03-04 | Correspondence received from, (Letter Form), counsel from the Respondent ask to replace page 1 and 16 of the Factum and Tab 22 of the Book of Authorities. | Her Majesty the Queen |
| 2016-03-04 | Correspondence received from, Intervener, Association des avocats de la défense de Montréal - Me Pierre Landry will be their agent. | Association des avocats de la défense de Montréal |
| 2016-03-03 | Appeal perfected for hearing | |
| 2016-03-02 | Notice of appearance, Mary T. Ainslie, Q.C. and Megan A. Street will appear as counsel on behalf of the Respondent. Ms. Ainslie will present oral argument. | Her Majesty the Queen |
| 2016-02-29 | Respondent's book of authorities, (Book Form), replaced Tab 22., Completed on: 2016-02-29, (Electronic version filed on 2016-03-04) | Her Majesty the Queen |
| 2016-02-29 | Respondent's factum, (Book Form), replaced page 1 and 16., Completed on: 2016-02-29, (Electronic version filed on 2016-03-04) | Her Majesty the Queen |
| 2016-01-29 | Order on motion for leave to intervene, by Justice Cromwell | |
| 2016-01-29 | Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Attorney General of Ontario, the Criminal Lawyers’ Association (Ontario), the Director of Public Prosecutions of Canada, l’Association des avocats de la défense de Montréal 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 each of the said interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before March 16, 2016. The requests 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. The intervention is restricted to the issue of the standard that a sentencing judge should apply when deciding whether to accept or reject a joint sentencing submission. The intervention must not address the appropriateness of the sentence imposed in this case. 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 |
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| 2016-01-29 | Submission of motion for leave to intervene, Cro | |
| 2016-01-26 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-01-26 | Matthew John Anthony-Cook |
| 2016-01-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-01-22, (Electronic version filed on 2016-01-22) | Her Majesty the Queen |
| 2016-01-19 | Motion for leave to intervene, (Book Form), Completed on: 2016-01-19, (Electronic version filed on 2016-01-19) | British Columbia Civil Liberties Association |
| 2016-01-19 | Motion for leave to intervene, (Book Form), Completed on: 2016-01-19, (Electronic version filed on 2016-01-25) | Association des avocats de la défense de Montréal |
| 2016-01-19 | Motion for leave to intervene, (Letter Form), Completed on: 2016-01-19, (Electronic version filed on 2016-01-19) | Director of Public Prosecutions of Canada |
| 2016-01-18 | Motion for leave to intervene, (Book Form), Completed on: 2016-01-18, (Electronic version filed on 2016-01-18) | Criminal Lawyers' Association (Ontario) |
| 2016-01-06 | Correspondence received from, (Letter Form), Mr. Rankin re: request to file authorities with grey covers (consent included). Permission granted by the Deputy Registrar 2016-01-07, (Electronic version filed on 2016-01-06) | Matthew John Anthony-Cook |
| 2016-01-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-01-06) | Matthew John Anthony-Cook |
| 2015-12-21 | Supplemental document, (Book Form), Completed on: 2015-12-21, (Electronic version filed on 2015-12-29) | Matthew John Anthony-Cook |
| 2015-12-21 | Appellant's book of authorities, (Book Form), (3 volumes), New covers and new CD for Vol. 3 requested, Completed on: 2016-03-30, (Electronic version filed on 2015-12-29) | Matthew John Anthony-Cook |
| 2015-12-21 | Appellant's record, (Book Form), Completed on: 2016-01-07, (Electronic version filed on 2015-12-21) | Matthew John Anthony-Cook |
| 2015-12-21 | Appellant's factum, (Book Form), Completed on: 2016-01-07, (Electronic version filed on 2015-12-29) | Matthew John Anthony-Cook |
| 2015-12-08 | Correspondence received from, (Letter Form), (Included in the response to the motion for leave to intervene), Appellant, re: consents to Jan.26th response date. | Matthew John Anthony-Cook |
| 2015-12-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-08 | Matthew John Anthony-Cook |
| 2015-12-07 | Correspondence received from, Ms. Mary T. Ainslie, Q.C. - fax letter requesting to file response to motion to intervene to January 26, 2016, per the Chief's order. | Her Majesty the Queen |
| 2015-12-03 | Motion for leave to intervene, Completed on: 2015-12-03 | Attorney General of Ontario |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 | Appeal hearing scheduled, 2016-03-31 Judgment reserved |
|
| 2015-11-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-11-03 | Order by, CJ, IT IS HEREBY ORDERED THAT: 1.The appellant’s record, factum and book of authorities shall be served and filed on or before December 22, 2015. 2.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 January 19, 2016. 3.The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before January 26, 2016. 4.Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 28, 2016. 5.The respondent’s record, factum and book of authorities shall be served and filed on or before February 29, 2016. 6.Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before March 16, 2016. Granted |
|
| 2015-10-13 | Notice of appeal, (Letter Form), Completed on: 2015-10-13, (Electronic version filed on 2015-10-16) | Matthew John Anthony-Cook |
| 2015-09-21 | Correspondence received from, Mary T. Ainslie, Q.C., counsel for the respondent, letter dated September 16, 2015, re: hearing date | Her Majesty the Queen |
| 2015-09-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-09-11 | Judgment on leave sent to the parties | |
| 2015-09-10 | 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 for British Columbia (Vancouver), Number CA042018, 2015 BCCA 22, dated January 19, 2015, is granted. Granted |
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| 2015-09-10 | Decision on motion to extend time to file and /or serve the leave application, see judgment on Application for Leave Granted |
|
| 2015-07-13 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2015-07-13 | Submission of motion to extend time to file and/ or serve the leave application, CJ Wa Ga | |
| 2015-06-03 | Applicant's reply to respondent's argument, Completed on: 2015-06-03 | Matthew John Anthony-Cook |
| 2015-05-28 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-05-28 | Her Majesty the Queen |
| 2015-05-28 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-05-28 | Respondent's response on the application for leave to appeal, Completed on: 2015-05-28 | Her Majesty the Queen |
| 2015-04-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED APRIL 29, 2015 | |
| 2015-04-29 | Book of authorities, (Book Form), 2 volumes | Matthew John Anthony-Cook |
| 2015-04-29 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-04-29 | Matthew John Anthony-Cook |
| 2015-04-29 | Certificate (on limitations to public access) | Matthew John Anthony-Cook |
| 2015-04-29 | Application for leave to appeal, (Book Form), Completed on: 2015-04-29, (Electronic version filed on 2015-05-01) | Matthew John Anthony-Cook |
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