Docket

37596

Spencer Dean Bird v. Her Majesty the Queen

(Sask.) (Criminal) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-02-19 Appeal closed
2019-02-11 Formal judgment sent to the registrar of the court of appeal and all parties
2019-02-11 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-02-08 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR2744, 2017 SKCA 32, dated May 5, 2017, heard on March 16, 2018, is dismissed.
Dismissed
2018-04-03 Transcript received, (107 pages)
2018-03-16 Judgment reserved OR rendered with reasons to follow
2018-03-16 Hearing of the appeal, 2018-03-16, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-03-16 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies). Attorney General of Canada
2018-03-16 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies). Attorney General of Ontario
2018-03-16 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies). Canadian Civil Liberties Association
2018-03-16 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies). Her Majesty the Queen
2018-03-16 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Spencer Dean Bird
2018-03-13 Notice of appearance, (Letter Form), Leif Jensen and Michelle Biddulph will be appearing. Both counsels will present oral argument. Spencer Dean Bird
2018-03-05 Notice of appearance, (Letter Form), Audrey Boctor and Olga Redko will be appearing. Ms. Boctor will present pral argument. Canadian Civil Liberties Association
2018-03-02 Notice of appearance, (Letter Form), Jonathan Rudin and Emilie Lahaie will be appearing. Mr. Rudin will present oral argument. Aboriginal Legal Services
2018-02-28 Notice of appearance, (Letter Form), Sharlene Telles-Langdon will be appearing and presenting oral argument. Request for 2 reserved seats. Attorney General of Canada
2018-02-27 Notice of appearance, (Letter Form), Breese Davies and Cheryl Milne will be appearing. Ms. Davies will present oral argument. David Asper Centre for Constitutional Rights
2018-02-27 Notice of appearance, (Letter Form), Deborah Krick will be appearing and presenting oral argument. Attorney General of Ontario
2018-02-26 Notice of appearance, (Letter Form), Theodore J. C. Litowski will be appearing and presenting oral argument. Her Majesty the Queen
2018-02-15 Order on motion to appoint counsel, (by Justice Karakatsanis)
2018-02-15 Decision on motion to appoint counsel, Ka, UPON MOTION by the appellant for an order appointing counsel under section 694.1 of the Criminal Code;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1. The motion is granted;
2. Mr. Leif Jensen is appointed as counsel for the appellant under section 694.1 of the Criminal Code for all proceedings in this Court; and
3. Mr. Jensen’s fees and disbursements shall be paid by the Attorney General of Saskatchewan, in accordance with ss. 694.1 (2) and (3) of the Criminal Code.
Granted
2018-02-15 Submission of motion to appoint counsel, Ka
2018-02-07 Notice of appearance, (Letter Form), Leif Jensen and Michelle Biddulph will be present at the hearing and will present oral arguments. Spencer Dean Bird
2018-02-02 Response to motion to appoint counsel, (correspondence dated February 1, 2018 by Audrey Wilson), Completed on: 2018-02-02 Her Majesty the Queen
2018-01-30 Motion to appoint counsel, (Book Form), Payment missing - rec'd 2018/03/01, Completed on: 2018-01-30, (Printed version filed on 2018-02-07) Spencer Dean Bird
2017-11-22 Notice of hearing sent to parties
2017-11-22 Appeal hearing scheduled, 2018-03-16, (previously January 12)
Judgment reserved
2017-11-15 Notice of appearance, (Letter Form), Jonathan Rudin and Emilie Lahaie will be present at the hearing. Mr. Rudin will present oral arguments. Aboriginal Legal Services
2017-11-15 Certificate (on limitations to public access), (Letter Form) Aboriginal Legal Services
2017-11-15 Intervener's factum, (Book Form), Completed on: 2017-11-15 Aboriginal Legal Services
2017-11-15 Intervener's factum, (Book Form), Completed on: 2017-11-15 Canadian Civil Liberties Association
2017-11-15 Intervener's factum, (Book Form), Completed on: 2017-11-15 David Asper Centre for Constitutional Rights
2017-10-30 Appeal perfected for hearing
2017-10-27 Order on motion to extend time, (by GASCON J.)
2017-10-27 Decision on motion to extend time, Ga, UPON APPLICATION by the respondent for an order extending the time to serve and file its factum, record and book of authorities to October 11, 2017, and for permission to present oral argument at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the appellant has no objection to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2017-10-27 Submission of motion to extend time, Ga
2017-10-25 Certificate (on limitations to public access), (Letter Form) Attorney General of Canada
2017-10-25 Intervener's factum, (Book Form), Completed on: 2017-10-25 Attorney General of Canada
2017-10-24 Intervener's factum, (Book Form), Completed on: 2017-10-24 Attorney General of Ontario
2017-10-19 Notice of change of counsel, (Letter Form), Change of Agent to Nadia Effendi Attorney General of Ontario
2017-10-17 Response to motion to extend time, (Letter Form), Completed on: 2017-10-17 Spencer Dean Bird
2017-10-16 Motion to extend time, (Book Form), To file and serve the respondent's documents, Completed on: 2017-10-16 Her Majesty the Queen
2017-10-11 Certificate of counsel (attesting to record) Her Majesty the Queen
2017-10-11 Certificate (on limitations to public access) Her Majesty the Queen
2017-10-11 Respondent's book of authorities, (Book Form), Completed on: 2017-10-11 Her Majesty the Queen
2017-10-11 Respondent's record, (Book Form), Completed on: 2017-10-11 Her Majesty the Queen
2017-10-11 Respondent's factum, (Book Form), Motion for ext. of time requested - Rec'd on 2017-10-16, Completed on: 2017-10-20 Her Majesty the Queen
2017-10-10 Correspondence received from, Matthew Day replaces Aileen Furey as agent Spencer Dean Bird
2017-10-04 Order on motion for leave to intervene, by Justice Moldaver
2017-10-04 Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by Aboriginal Legal Services Inc., the David Asper Centre for Constitutional Rights and the Canadian 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 three (3) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 15, 2017.
The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
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 resulting from their interventions.
IT IS HEREBY FURTHER ORDERED THAT:
The Attorney General of Canada and the Attorney General of Ontario are granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2017-10-04 Submission of motion for leave to intervene, (3 motions), Mo
2017-09-19 Response to the motion for leave to intervene, Completed on: 2017-09-19 Her Majesty the Queen
2017-09-11 Notice of name Canadian Civil Liberties Association
2017-09-11 Motion for leave to intervene, (Book Form), Completed on: 2017-09-11 Canadian Civil Liberties Association
2017-09-11 Notice of name David Asper Centre for Constitutional Rights
2017-09-11 Motion for leave to intervene, (Book Form), Completed on: 2017-09-11 David Asper Centre for Constitutional Rights
2017-09-08 Notice of name, (Letter Form) Aboriginal Legal Services
2017-09-08 Motion for leave to intervene, (Letter Form), Completed on: 2017-09-08 Aboriginal Legal Services
2017-08-22 Correspondence received from, (Letter Form), Brigitte Raymond (by email). Deborah Krick is counsel for the intervener. Attorney General of Ontario
2017-08-15 Certificate of counsel (attesting to record) Spencer Dean Bird
2017-08-14 Appellant's record, (Book Form), (2 volumes), 20 copies of volume 1 and 2 copies of volume 2, Completed on: 2017-08-14 Spencer Dean Bird
2017-08-14 Appellant's factum, (Book Form), Completed on: 2017-08-14 Spencer Dean Bird
2017-07-12 Order on motion to extend time, by the Deputy Registrar
2017-07-12 Decision on motion to extend time, DeRg, UPON APPLICATION by the appellant for an order extending the time to serve and file his Factum, Record, and Book of Authorities by three (3) weeks;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the respondent;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The appellant shall serve and file his Factum, Record, and Book of Authorities on or before August 17, 2017.
The respondent shall serve and file its Factum, Record and Book of Authorities on or before October 12, 2017.
Granted
2017-07-12 Submission of motion to extend time, DeRg
2017-07-10 Response to motion to extend time, (Letter Form), Completed on: 2017-07-10 Her Majesty the Queen
2017-07-10 Motion to extend time, (Letter Form), to serve and file the appellant's factum. , Completed on: 2017-07-10, (Electronic version filed on 2017-07-10) Spencer Dean Bird
2017-07-05 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-07-05 Attorney General of Canada
2017-07-04 Notice of intervention respecting a constitutional question, Completed on: 2017-07-04 Attorney General of Ontario
2017-06-08 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2017-06-07 Correspondence received from, (Letter Form), D. Lynne Watt (by email).D. Lynne Watt will act as agent for the respondent. Her Majesty the Queen
2017-06-06 Letter acknowledging receipt of a notice of appeal, (FILE OPENED 2017-06-06)
2017-06-01 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-06-01) Spencer Dean Bird
2017-06-01 Notice of constitutional question(s), (Letter Form), Proof of service on all the Attorneys General missing (received 2017-06-07). Served on all Attorneys General on 2017-06-07., Completed on: 2017-06-12, (Electronic version filed on 2017-06-01) Spencer Dean Bird
2017-06-01 Notice of appeal, (Letter Form), Completed on: 2017-06-01, (Electronic version filed on 2017-06-01) Spencer Dean Bird