Docket
37233
Jeffrey G. Ewert v. Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution)
(Federal) (Civil) (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) |
|---|---|---|
| 2018-06-18 | Appeal closed | |
| 2018-06-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-06-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-06-13 | Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Federal Court of Appeal, Number A-421-15, 2016 FCA 203, dated August 3, 2016, heard on October 12, 2017, is allowed in part. The Correctional Service of Canada breached its obligation set out in s. 24(1) of the Corrections and Conditional Release Act, S.C. 1992, c. 20. Côté and Rowe JJ. dissent in part. Allowed in part |
|
| 2017-10-25 | Transcript received, 113 pages | |
| 2017-10-12 | Judgment reserved OR rendered with reasons to follow | |
| 2017-10-12 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | British Columbia Civil Liberties Association, Union of British Columbia Indian Chiefs |
| 2017-10-12 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-10-12 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Jeffrey G. Ewert |
| 2017-10-12 | Hearing of the appeal, 2017-10-12, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-10-11 | Notice of appearance, Change in Counsel addressing the Court; Pam MacEachern | Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies |
| 2017-10-06 | Notice of appearance, Jason Gratl and Eric Purtzki will attend | Jeffrey G. Ewert |
| 2017-09-28 | Notice of appearance, Anita Szigetim, Jill R. Presserm, Andrew Menchynski and Breana Vandebeek will be present. | Criminal Lawyers' Association (Ontario) |
| 2017-09-28 | Correspondence received from, (Letter Form), Intervener; suggestion to change to order of oral submissions by interveners; new Counsel Sheet approved and amended | Canadian Human Rights Commission |
| 2017-09-27 | Notice of appearance, (Letter Form), Anne Turley and Banafsheh Sokhansanj will be present; Respondent requests 6 reserved seats | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-09-25 | Notice of appearance, Sasha Hart and Fiona Keith will be present | Canadian Human Rights Commission |
| 2017-09-25 | Notice of appearance, Avnish Nanda will be present | West Coast Prison Justice Society, Prisoners' Legal Services |
| 2017-09-25 | Notice of appearance, Paul Champ adn Christine Johnson will be present. | British Columbia Civil Liberties Association, Union of British Columbia Indian Chiefs |
| 2017-09-25 | Notice of appearance, Mary Eberts, Virginia Lomax and Pam MacEachern will be present; Requests 4 reserved seats | Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies |
| 2017-09-25 | Notice of appearance, Mercedes Perez and Karen A. Steward will be present; Ms. Perez will address the Court | Mental Health Legal Committee |
| 2017-09-21 | Correspondence received from, (Letter Form), Will not be filing a reply factum | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-09-14 | Intervener's factum, (Book Form), Completed on: 2017-09-14 | British Columbia Civil Liberties Association, Union of British Columbia Indian Chiefs |
| 2017-09-14 | Intervener's factum, (Book Form), Completed on: 2017-09-14 | Criminal Lawyers' Association (Ontario) |
| 2017-09-14 | Intervener's book of authorities, (Book Form), Completed on: 2017-09-14 | Mental Health Legal Committee |
| 2017-09-14 | Intervener's factum, (Book Form), Completed on: 2017-09-14 | Mental Health Legal Committee |
| 2017-09-14 | Intervener's factum, (Book Form), Completed on: 2017-09-14 | Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies |
| 2017-09-13 | Notice of appearance, (Letter Form), Emily Hill and Jessica Wolfe will be present at the hearing. Emily Hill will present oral arguments. | Aboriginal Legal Services |
| 2017-09-13 | Certificate (on limitations to public access), (Book Form) | Aboriginal Legal Services |
| 2017-09-13 | Intervener's factum, (Book Form), Completed on: 2017-09-13 | Aboriginal Legal Services |
| 2017-09-13 | Intervener's book of authorities, (Book Form), Completed on: 2017-09-13 | Canadian Human Rights Commission |
| 2017-09-13 | Intervener's factum, (Book Form), Completed on: 2017-09-13 | Canadian Human Rights Commission |
| 2017-09-08 | Intervener's factum, (Book Form), Completed on: 2017-09-08 | West Coast Prison Justice Society, Prisoners' Legal Services |
| 2017-08-21 | Appeal perfected for hearing | |
| 2017-08-21 | Appeal hearing scheduled, 2017-10-12 Judgment reserved |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-03 | Order on motion for leave to intervene, (BY MR. JUSTICE WAGNER) | |
| 2017-08-03 | Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by the Mental Health Legal Committee; the West Coast Prison Justice Society and Prisoners’ Legal Services (jointly); the Criminal Lawyers’ Association (Ontario); the Aboriginal Legal Services; the Canadian Human Rights Commission; the British Columbia Civil Liberties Association and the Union of British Columbia Indian Chiefs (jointly); and the Native Women’s Association of Canada and the Canadian Association of Elizabeth Fry Societies (jointly) 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 seven (7) interveners or groups of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before September 14, 2017. The said interveners or groups of interveners are each granted permission to present oral arguments not exceeding five (5) minutes at the hearing of the appeal. The respondent is entitled to serve and file a factum not exceeding five (5) pages in length on or before September 28, 2017, in reply to the factum of the British Columbia Civil Liberties Association and the Union of British Columbia Indian Chiefs (jointly). 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 |
|
| 2017-08-03 | Submission of motion for leave to intervene, Wa | |
| 2017-07-31 | Respondent's factum, (Book Form), Completed on: 2017-07-31 | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-07-14 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-14 | British Columbia Civil Liberties Association, Union of British Columbia Indian Chiefs |
| 2017-07-11 | Notice of name, (Letter Form), Printed version filed on 2017-07-12. | West Coast Prison Justice Society, Prisoners' Legal Services |
| 2017-07-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-10, (Electronic version filed on 2017-07-10) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-07-07 | Notice of name, (Letter Form) | Canadian Human Rights Commission |
| 2017-07-06 | Response to the motion for leave to intervene, (Letter Form), Proof of service missing (received 2017-07-07)., Completed on: 2017-07-10 | Jeffrey G. Ewert |
| 2017-07-06 | Notice of name, (Letter Form) | British Columbia Civil Liberties Association, Union of British Columbia Indian Chiefs |
| 2017-07-06 | Notice of name, (Letter Form) | Aboriginal Legal Services |
| 2017-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2017-07-04 | British Columbia Civil Liberties Association, Union of British Columbia Indian Chiefs |
| 2017-07-04 | Notice of name, (Letter Form) | Mental Health Legal Committee |
| 2017-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2017-07-04, (Electronic version filed on 2017-07-04) | Mental Health Legal Committee |
| 2017-07-04 | Certificate (on limitations to public access), (Letter Form) | Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies |
| 2017-07-04 | Notice of name, (Letter Form) | Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies |
| 2017-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2017-07-04, (Electronic version filed on 2017-07-04) | Native Women's Association of Canada, Canadian Association of Elizabeth Fry Societies |
| 2017-07-04 | Notice of name, (Letter Form) | Criminal Lawyers' Association (Ontario) |
| 2017-07-04 | Motion for leave to intervene, (Book Form), Completed on: 2017-07-04, (Electronic version filed on 2017-07-04) | Criminal Lawyers' Association (Ontario) |
| 2017-06-30 | Motion for leave to intervene, (Book Form), Form 14 missing (received 2017-07-07)., Completed on: 2017-07-07, (Electronic version filed on 2017-06-30) | Canadian Human Rights Commission |
| 2017-06-29 | Motion for leave to intervene, (Letter Form), Form 14 missing (received 2017-07-06)., Completed on: 2017-07-06, (Printed version filed on 2017-06-30) | Aboriginal Legal Services |
| 2017-06-29 | Order on motion to adduce new evidence, (by ROWE J.) | |
| 2017-06-29 | Decision on motion to adduce new evidence, Row, UPON APPLICATION by the respondent, Her Majesty the Queen in Right of Canada, for an order to adduce new evidence; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2017-06-29 | Submission of motion to adduce new evidence, Row | |
| 2017-06-28 | Motion for leave to intervene, (Book Form), Form 14 missing (received 2017-07-11)., Completed on: 2017-07-14, (Electronic version filed on 2017-06-28) | West Coast Prison Justice Society, Prisoners' Legal Services |
| 2017-06-15 | Order on miscellaneous motion, (BY MR. JUSTICE MOLDAVER) | |
| 2017-06-15 | Decision on miscellaneous motion, Mo, UPON APPLICATION on behalf of the Respondent for an order setting aside the Appellant’s Notice of Constitutional Questions dated April 10, 2017; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. The criteria for stating a constitutional question under the Rules of the Supreme Court of Canada have not changed. It is open to the Respondent to argue on the appeal any issues raised by the Appellant’s Notice of Constitutional Questions, including whether those issues raise constitutional questions. Dismissed |
|
| 2017-06-15 | Submission of miscellaneous motion, Mo | |
| 2017-06-05 | Certificate of counsel (attesting to record) | Jeffrey G. Ewert |
| 2017-06-05 | Appellant's record, (Book Form), Parts 2-5 filed electronically pursuant to R. 38.1 (1), Completed on: 2017-06-05 | Jeffrey G. Ewert |
| 2017-06-05 | Appellant's factum, (Book Form), Completed on: 2017-06-05 | Jeffrey G. Ewert |
| 2017-05-29 | Reply to motion to adduce new evidence, (Letter Form), Completed on: 2017-05-29, (Electronic version filed on 2017-05-29) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-05-23 | Response to the motion to adduce new evidence, (Book Form), Completed on: 2017-05-23, (Electronic version filed on 2017-05-23) | Jeffrey G. Ewert |
| 2017-05-12 | Response to miscellaneous motion, (Letter Form), Proof of service missing (received 2017-05-15)., Completed on: 2017-05-15, (Electronic version filed on 2017-05-12) | Jeffrey G. Ewert |
| 2017-05-11 | Motion to adduce new evidence, (Book Form), (6 volumes), Completed on: 2017-05-11, (Printed version filed on 2017-05-17) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-05-02 | Notice of miscellaneous motion, (Book Form), To set aside the notice of Constitutional Question, Completed on: 2017-05-02, (Printed version filed on 2017-05-03) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-04-24 | Notice of change of counsel, Anne Turley is now counsel of record | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2017-04-10 | Notice of constitutional question(s), Completed on: 2017-04-10 | Jeffrey G. Ewert |
| 2017-04-10 | Notice of appeal, Completed on: 2017-04-10 | Jeffrey G. Ewert |
| 2017-03-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-03-10 | Judgment on leave sent to the parties | |
| 2017-03-09 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-421-15, 2016 FCA 203, dated August 3, 2016, is granted. The appellant is required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada. Granted |
|
| 2017-01-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-11-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-21) | Jeffrey G. Ewert |
| 2016-11-02 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-02) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2016-11-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) | Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution) |
| 2016-10-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED OCTOBER 4, 2016 | |
| 2016-10-03 | Certificate (on limitations to public access) | Jeffrey G. Ewert |
| 2016-10-03 | Application for leave to appeal, (Book Form), Completed on: 2016-10-03 | Jeffrey G. Ewert |
- Date modified: