Docket

36783

Her Majesty the Queen in Right of Canada v. Kevin Antic

(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)
2017-06-13 Appeal closed
2017-06-09 Formal judgment sent to the registrar of the court of appeal and all parties, (REVISED JUDGMENT)
2017-06-09 Judgment on appeal and notice of deposit of judgment sent to all parties, (REVISED JUDGMENT)
2017-06-02 Formal judgment sent to the registrar of the court of appeal and all parties
2017-06-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-06-01 Judgment on the appeal rendered, (REVISED ON 2017-06-08), CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Ontario Superior Court of Justice, Number CR-15-3465-BR, 2015 ONSC 6593, dated October 23, 2015, heard on December 2, 2016, is allowed. The bail review judge’s declaration of unconstitutionality is reversed and the cash-plus-surety release order is replaced with a cash-only release order on the same terms as those that he imposed.
Allowed
2017-05-26 Correspondence received from, (Letter Form), Nicholas E. Devlin (by email). Email regarding the limitation on public access. , (Electronic version filed on 2017-05-26) Her Majesty the Queen in Right of Canada
2016-12-20 Transcript received, 95 pages
2016-12-02 General proceeding, (Letter Form), Questionnaire following the hearing concerning the publication ban. Vincenzo Rondinelli
2016-12-02 General proceeding, (Letter Form), Questionnaire following the hearing concerning the publication ban. Her Majesty the Queen in Right of Canada
2016-12-02 Judgment reserved OR rendered with reasons to follow
2016-12-02 Hearing of the appeal, 2016-12-02, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2016-12-02 Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies) Canadian Civil Liberties Association
2016-12-02 Appellant's condensed book, (Book Form), Submitted in Courtroom (14 copies). Her Majesty the Queen in Right of Canada
2016-11-30 Correspondence received from, (Letter Form), Erika Buhrmann (by e-mail). Request for 4 reserved seats. Her Majesty the Queen in Right of Canada
2016-11-25 Notice of appearance, (Letter Form), Vincenzo Rondinelli will be appearing. Mr. Rondinelli will present oral arguments. Vincenzo Rondinelli
2016-11-23 Notice of appearance, (Letter Form), John Norris and Chris Sewrattan will be appearing. Mr. Norris will present oral arguments. Criminal Lawyers' Association (Ontario)
2016-11-22 Order by, Côt, FURTHER TO THE ORDER dated September 27, 2016, granting leave to intervene to the Canadian Civil Liberties Association and the Criminal Lawyers’ Association (Ontario);
IT IS HEREBY FURTHER 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
2016-11-21 Notice of appearance, (Letter Form), Nick Devlin and Amber Pashuk will be appearing. Both counsels will present oral arguments. Her Majesty the Queen in Right of Canada
2016-11-17 Notice of appearance, (Letter Form), Jonathan Shime will be appearing and will present oral arguments. Canadian Civil Liberties Association
2016-11-15 Intervener's book of authorities, (Book Form), Proof of service to Kevin Antic missing (received on 2016-11-25)., Completed on: 2016-11-25, (Electronic version filed on 2016-11-15) Criminal Lawyers' Association (Ontario)
2016-11-15 Intervener's factum, (Book Form), Proof of service to Kevin Antic missing (received on 2016-11-25)., Completed on: 2016-11-25, (Electronic version filed on 2016-11-15) Criminal Lawyers' Association (Ontario)
2016-11-15 Intervener's book of authorities, (Book Form), Completed on: 2016-11-15, (Electronic version filed on 2016-11-15) Canadian Civil Liberties Association
2016-11-15 Intervener's factum, (Book Form), Completed on: 2016-11-15, (Electronic version filed on 2016-11-15) Canadian Civil Liberties Association
2016-10-21 Appeal perfected for hearing
2016-10-03 Amicus curiae's factum, (Book Form), Completed on: 2016-10-03 Vincenzo Rondinelli
2016-10-03 Amicus curiae's book of authorities, (Book Form), Completed on: 2016-10-03 Vincenzo Rondinelli
2016-09-27 Order on motion for leave to intervene, By Justice Côté
2016-09-27 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Canadian Civil Liberties Association and the Criminal Lawyers’ Association (Ontario) 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 two (2) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before November 15, 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
2016-09-27 Submission of motion for leave to intervene, (2 motions), Côt
2016-09-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-16, (Printed version filed on 2016-09-16) Vincenzo Rondinelli
2016-09-15 Notice of hearing sent to parties
2016-09-08 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-08, (Printed version filed on 2016-09-08) Her Majesty the Queen in Right of Canada
2016-09-06 Motion for leave to intervene, (Book Form), payment to come, Completed on: 2016-09-06, (Electronic version due on 2016-09-13) Criminal Lawyers' Association (Ontario)
2016-09-06 Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Printed version filed on 2016-09-06) Canadian Civil Liberties Association
2016-08-30 Notice of constitutional question(s), (all AGs served) Her Majesty the Queen in Right of Canada
2016-08-26 Notice of withdrawal, (Letter Form), of counsel Kevin Antic
2016-08-23 Order on motion to state a constitutional question, by the CHIEF JUSTICE
2016-08-23 Order on motion to extend time, by the CHIEF JUSTICE
2016-08-23 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 CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Does section 515(2)(e) of the Criminal Code, R.S.C. 1985, c. C-46, infringe section 11(e) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under section 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 respondent the costs of any additional disbursements they incurred as a result of the intervention.
Granted
2016-08-23 Submission of motion to state a constitutional question, CJ
2016-08-23 Decision on motion to extend time, CJ
Granted
2016-08-23 Submission of motion to extend time, CJ
2016-08-16 Correspondence received from, (Letter Form), Appellant, re: Mr. Antic has been released Her Majesty the Queen in Right of Canada
2016-08-10 Appeal hearing scheduled, 2016-12-02, EARLY START (9:00AM)
Judgment reserved
2016-08-08 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-08) Her Majesty the Queen in Right of Canada
2016-08-08 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-08) Her Majesty the Queen in Right of Canada
2016-08-08 Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) Her Majesty the Queen in Right of Canada
2016-08-08 Appellant's record, (Book Form), (2 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) Her Majesty the Queen in Right of Canada
2016-08-08 Appellant's factum, (Book Form), electronic copy of redacted factum rec'd 2016/08/08, Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) Her Majesty the Queen in Right of Canada
2016-08-03 Motion to extend time, (Letter Form), TO SERVE AND FILE THE NOTICE OF MOTION TO STATE CONSTITUTIONAL QUESTION., Completed on: 2016-08-03 Her Majesty the Queen in Right of Canada
2016-08-03 Motion to state a constitutional question, (Letter Form), Completed on: 2016-08-03 Her Majesty the Queen in Right of Canada
2016-07-29 Correspondence (sent by the Court) to, Mr. Vincenzo Rondinelli, re: amicus curiae mandate letter.
2016-07-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-07-27 Order by, CHIEF JUSTICE MCLACHLIN, CJ, Given that the respondent has advised the Court that he will not be represented by counsel in this appeal, Mr. Vincenzo Rondinelli is hereby appointed as amicus curiae to assist the Court by serving and filing a factum of no more than forty (40) pages and a book of authorities on or before October 3, 2016, and by making oral submissions at the hearing of the appeal.
The reasonable fees and disbursements of Mr. Rondinelli shall be paid, on consent, by the Public Prosecution Service of Canada.
Granted
2016-07-12 Correspondence received from, (Letter Form), Respondent, re.: completed self-rep questionnaire regarding legal services Kevin Antic
2016-06-03 Correspondence (sent by the Court) to, Respondent re: Self-Rep Questionnaire regarding legal services.
2016-05-19 Correspondence (sent by the Court) to, Mr. Robert DiPietro, counsel for the Respondent, re: Request to contact the Registry.
2016-05-16 Notice of appeal, Completed on: 2016-05-16 Her Majesty the Queen in Right of Canada
2016-04-25 Correspondence (sent by the Court) to, Mr. Robert DiPietro, counsel for the Respondent, re: Rule 15(1) and Rules 17(4)(a) and (B)
2016-04-25 Correspondence received from, (Letter Form), Mr. Robert DiPietro, counsel for the Respondent, letter dated April 21, 2016 - re: he no longer represents Mr. Kevin Antic. Kevin Antic
2016-04-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-04-15 Judgment on leave sent to the parties
2016-04-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number CR-15-3465-BR, 2015 ONSC 6593, dated October 23, 2015, is granted.
Granted
2016-03-07 All materials on application for leave submitted to the Judges, CJ Mo Ga
2015-12-30 Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-12-30
2015-12-22 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-22) Her Majesty the Queen in Right of Canada
2015-12-22 Application for leave to appeal, (Book Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) Her Majesty the Queen in Right of Canada