Docket

36435

Her Majesty the Queen v. Oswald Oliver Villaroman

(Alberta) (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)
2016-08-05 Appeal closed
2016-08-02 Formal judgment sent to the registrar of the court of appeal and all parties
2016-08-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2016-07-29 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1301-0329-A, 2015 ABCA 104, dated March 18, 2015, heard on March 21, 2016, is allowed, the acquittal is set aside and the case is remanded to the Court of Appeal for hearing and disposition of the issues relating to ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms.
Allowed
2016-04-08 Transcript received, (112 pages)
2016-04-04 General proceeding, Questionnaire Following the Hearing Oswald Oliver Villaroman
2016-03-23 General proceeding, Questionnaire Following the Hearing Her Majesty the Queen
2016-03-21 Judgment reserved OR rendered with reasons to follow
2016-03-21 Intervener's condensed book, Submitted in Court (14 copies) Criminal Lawyers' Association (Ontario)
2016-03-21 Respondent's condensed book, Submitted in Court (14 copies) Oswald Oliver Villaroman
2016-03-21 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2016-03-21 Hearing of the appeal, 2016-03-21, CJ Abe Cro Mo Ka Wa Ga Côt Br
Judgment reserved
2016-03-17 Notice of appearance, Matthew Asma will be present at the hearing. Attorney General of Ontario
2016-03-16 Order by, Côt, FURTHER TO THE ORDER dated March 11, 2016, granting leave to intervene to the Attorney General of Ontario and the Attorney General of British Columbia in this appeal on the issues related to s. 8 of the Canadian Charter of Rights and Freedoms;
IT IS HEREBY FURTHER ORDERED THAT:
The intervener, the Attorney General of Ontario, is 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, Completed on: 2016-03-16 Attorney General of Ontario
2016-03-16 Intervener's factum, Completed on: 2016-03-16 Attorney General of Ontario
2016-03-15 Intervener's book of authorities, Completed on: 2016-03-15 Attorney General of British Columbia
2016-03-15 Intervener's factum, On s.8 issues, Completed on: 2016-03-15 Attorney General of British Columbia
2016-03-15 Notice of appearance, Ian McKay and Heather Ferg will be present at the hearing. Oswald Oliver Villaroman
2016-03-11 Order on motion for leave to intervene, (by JUSTICE CÔTÉ)
2016-03-11 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Attorney General of Ontario and the Attorney General of British Columbia for leave to intervene in this appeal on the issues related to s. 8 of the Canadian Charter of Rights and Freedoms;
AND UPON APPLICATION by the Attorney General of Ontario for an extension of time to serve and file a motion for leave to intervene in this appeal on the issues related to s. 8 of the Canadian Charter of Rights and Freedoms;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time is granted.
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 March 16, 2016.
The request by the Attorney General of Ontario to present oral argument is deferred to a date following receipt and consideration of the written argument of the intervener.
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
2016-03-11 Submission of motion for leave to intervene, Côt
2016-03-11 Reply to the motion for leave to intervene, Completed on: 2016-03-11, (Printed version filed on 2016-03-11) Attorney General of Ontario
2016-03-10 Response to the motion for leave to intervene, Completed on: 2016-03-10 Her Majesty the Queen
2016-03-10 Correspondence received from, 1 reserved seat requested Criminal Lawyers' Association (Ontario)
2016-03-10 Notice of appearance, Sharon Lavine and Naomi Lutes will be present at the hearing. Criminal Lawyers' Association (Ontario)
2016-03-09 Supplemental document, Response to s. 8 and response to the motion for leave to intervene by the Attorney General of Ontario, Completed on: 2016-03-09 Criminal Lawyers' Association (Ontario)
2016-03-09 Supplemental document, (Letter Form), Response to s. 8, Completed on: 2016-03-09 Her Majesty the Queen
2016-03-09 Supplemental document, (Letter Form), Response to s. 8, Completed on: 2016-03-09 Oswald Oliver Villaroman
2016-03-07 Motion for leave to intervene, (Book Form), Related to s. 8 of the Canadian Charter of Rights and Freedoms., Completed on: 2016-03-07 Attorney General of British Columbia
2016-03-07 Supplemental document, Supplemental Authorities - Related to s. 8 of the Canadian Charter of Rights and Freedoms., Completed on: 2016-03-07 Oswald Oliver Villaroman
2016-03-07 Supplemental factum, Related to s. 8 of the Canadian Charter of Rights and Freedoms., Completed on: 2016-03-07 Oswald Oliver Villaroman
2016-03-07 Supplemental document, Supplemental Authorities - Related to s. 8 of the Canadian Charter of Rights and Freedoms., Completed on: 2016-03-07 Her Majesty the Queen
2016-03-07 Supplemental document, Supplemental record - Related to s. 8 of the Canadian Charter of Rights and Freedoms., Completed on: 2016-03-07 Her Majesty the Queen
2016-03-07 Supplemental factum, Related to s. 8 of the Canadian Charter of Rights and Freedoms., Completed on: 2016-03-07 Her Majesty the Queen
2016-02-26 Motion for leave to intervene, (Book Form), With motion to extend time, Completed on: 2016-02-26 Attorney General of Ontario
2016-02-19 Correspondence received from, Mr. Daniel Scanlan, counsel for the Intervener, AGBC - re: Will not be presenting Oral Argument nor will they be attending the hearing. Attorney General of British Columbia
2016-02-15 Appeal perfected for hearing
2016-02-15 Order by, Revised on February 22, 2016, Côt, FURTHER TO THE ORDER dated January 11, 2016, granting leave to intervene to the Criminal Lawyers’ Association (Ontario) and the Attorney General of British Columbia;
IT IS HEREBY FURTHER ORDERED THAT:
The intervener the Criminal Lawyers’ Association (Ontario) is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2016-02-12 Correspondence received from, the appellant. re: letter from the AG of Ontario filed 2016-02-12. Her Majesty the Queen
2016-02-12 Certificate (on limitations to public access) Her Majesty the Queen
2016-02-12 Order on motion for leave to intervene, by Justice Gascon
2016-02-12 Decision on the motion for leave to intervene, Ga, UPON APPLICATION by Beyond Borders Inc. for an extension of time to serve and file a motion 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 motion for an extension of time is dismissed without costs. In any event, had such motion been granted, the motion for leave to intervene would have been dismissed.
Dismissed, without costs
2016-02-12 Submission of motion for leave to intervene, Ga
2016-02-12 Correspondence (sent by the Court) to, all parties by mail, re: filing deadlines fixed by the Registrar. Letter signed by the Registrar.
2016-02-12 Order by, CJ, IT IS HEREBY ORDERED THAT:
This appeal scheduled to be heard on February 24, 2016, is adjourned and will be scheduled to be heard on March 21, 2016.
Filing deadlines for additional submissions on the issues related to s. 8 of the Canadian Charter of Rights and Freedoms in the above mentioned case shall be set by the Registrar.
Granted
2016-02-12 Reply to the motion for leave to intervene, Completed on: 2016-02-12 Beyond Borders Inc.
2016-02-12 Correspondence received, from the Attorney General of Ontario, counsel Matthew Asma, correspondence by email dated Feb.12/2016 - re: Charter section 8 issues - may apply for leave to intervene
2016-02-12 Appeal hearing scheduled, 2016-03-21, (previously scheduled for February 24, 2016.)
Judgment reserved
2016-02-11 Intervener's book of authorities, Completed on: 2016-02-11 Criminal Lawyers' Association (Ontario)
2016-02-11 Intervener's factum, Completed on: 2016-02-11 Criminal Lawyers' Association (Ontario)
2016-02-11 Correspondence received from, the respondent, in response to letter from the Registrar dated 2016-02-10. Oswald Oliver Villaroman
2016-02-11 Correspondence received from, the appellant, in response to letter from the Registrar dated 2016-02-10. Her Majesty the Queen
2016-02-11 Notice of appearance, Jolaine Antonio and Jason Wuttunee will be present at the hearing. Her Majesty the Queen
2016-02-10 Correspondence (sent by the Court) to, all parties. Court requests additional submissions from the appellant and respondent on the issues related to s. 8 of the Charter. The written submissions must be limited to a maximum of ten (10) pages. The submissions and any amendments to the Record of the appellant should be served and filed by February 17, 2016. The submissions and any amendments to the Record of the respondent should be served and filed by February 19, 2016.
2016-02-10 Response to the motion for leave to intervene, Completed on: 2016-02-10 Her Majesty the Queen
2016-02-09 Response to the motion for leave to intervene, Completed on: 2016-02-09 Oswald Oliver Villaroman
2016-02-08 Motion for leave to intervene, (Letter Form), With motion to extend time, Completed on: 2016-02-09 Beyond Borders Inc.
2016-02-08 Intervener's book of authorities, Completed on: 2016-02-08 Attorney General of British Columbia
2016-02-08 Intervener's factum, Completed on: 2016-02-08 Attorney General of British Columbia
2016-02-08 Certificate (on limitations to public access) Oswald Oliver Villaroman
2016-02-08 Respondent's book of authorities, Completed on: 2016-02-08 Oswald Oliver Villaroman
2016-02-08 Respondent's factum, Completed on: 2016-02-08 Oswald Oliver Villaroman
2016-01-11 Order on motion for leave to intervene, by Justice Côté
2016-01-11 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario) and the Attorney General of British Columbia;
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 February 11, 2016.
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
2016-01-11 Submission of motion for leave to intervene, Côt
2016-01-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-01-05 Her Majesty the Queen
2015-12-22 Motion for leave to intervene, Completed on: 2015-12-22 Attorney General of British Columbia
2015-12-22 Motion for leave to intervene, Completed on: 2015-12-22 Criminal Lawyers' Association (Ontario)
2015-11-27 Notice of hearing sent to parties
2015-11-24 Certificate of counsel (attesting to record) Her Majesty the Queen
2015-11-24 Certificate (on limitations to public access) Her Majesty the Queen
2015-11-24 Appellant's book of authorities, Completed on: 2015-11-24 Her Majesty the Queen
2015-11-24 Appellant's record, (2 volumes), Completed on: 2015-11-24 Her Majesty the Queen
2015-11-24 Appellant's factum, Completed on: 2015-11-24 Her Majesty the Queen
2015-10-28 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 November 24, 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 December 22, 2015.
3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before January 5, 2016.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 7, 2016.
5. The respondent’s record, factum and book of authorities shall be served and filed on or before February 8, 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 February 11, 2016.
Granted
2015-10-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-09-16 Correspondence received from, (Letter Form), from Jolaine Antonio, counsel for the Crown, dated 2015-09-16, re: Charter issues, (Electronic version filed on 2015-09-16) Her Majesty the Queen
2015-09-15 Notice of appeal, Completed on: 2015-09-15 Her Majesty the Queen
2015-09-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-09-04 Judgment on leave sent to the parties
2015-09-03 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 of Alberta (Calgary), Number 1301-0329-A, 2015 ABCA 104, dated March 18, 2015, is granted.
Granted
2015-07-20 All materials on application for leave submitted to the Judges, Ro Cro Mo
2015-06-17 Applicant's reply to respondent's argument, (Letter Form), Received by fax, Completed on: 2015-06-17, (Electronic version filed on 2015-06-17) Her Majesty the Queen
2015-06-12 Certificate (on limitations to public access) Oswald Oliver Villaroman
2015-06-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-06-12 Oswald Oliver Villaroman
2015-05-15 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED MAY 15, 2015
2015-05-15 Certificate (on limitations to public access) Her Majesty the Queen
2015-05-15 Application for leave to appeal, (Book Form), service to come, Completed on: 2015-05-15 Her Majesty the Queen