Docket

37769

Bradley David Barton v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case) (Certain information not available to the public)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2018-10-25 Transcript received, 186 pages
2018-10-22 Notice of change of counsel, Emily K. Moreau, agent for DCPP. Director of criminal and penal prosecutions
2018-10-11 Judgment reserved OR rendered with reasons to follow
2018-10-11 Hearing of the appeal, 2018-10-11, CJ Abe Mo Ka Côt Br Row
Judgment reserved
2018-10-11 General proceeding, Questionnaire for publication ban Bradley David Barton
2018-10-11 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies) Ad Idem / Canadian Media Lawyers Association
2018-10-11 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies) Attorney General of Ontario
2018-10-11 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) Her Majesty the Queen
2018-10-11 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) Bradley David Barton
2018-10-11 Appeal hearing scheduled, 2018-10-11
Judgment reserved
2018-10-10 Correspondence (sent by the Court) to, all parties, re: Deputy Registrar's response to the Special Request rec'd on October 9, 2018.
2018-10-09 Correspondence received from, (Letter Form), Response to special request Aboriginal Legal Services
2018-10-09 Correspondence received from, (Letter Form), Response to special request National Inquiry into Missing and Murdered Indigenous Women and Girls
2018-10-09 Correspondence received from, Special Request , (Printed version due on 2018-10-16) Women's Legal Education and Action Fund Inc.
2018-10-03 Supplemental document, Appellant: Supplemental book of authorities, Completed on: 2018-10-03 Bradley David Barton
2018-09-28 Notice of appearance, Mr. Nathan Whitling will be appearing and will present oral arguments. Criminal Trial Lawyers' Association (Alberta)
2018-09-28 Notice of appearance, Peter Sankoff, Dino Bottos, Jacqueline Petrie and Austin Corbett will be appearing. Mr. Sankoff and Mr. Bottos will present oral arguments. Request 1 reserved seat. Bradley David Barton
2018-09-25 Notice of appearance, Ms. Shaun O'Brien and Beverly Jacobs will be appearing and Ms. O'Brien will present oral arguments. Request 4 reserved seats. Institute for the Advancement of Aboriginal Women
2018-09-24 Certificate (on limitations to public access), (Letter Form), Reply factum Her Majesty the Queen
2018-09-24 Reply factum on appeal, (Book Form), Reply to Interveners' Factum., Completed on: 2018-09-27 Her Majesty the Queen
2018-09-24 Appellant's book of authorities, (Book Form), Book of authorities of the Appellant's reply factum., Completed on: 2018-09-24 Bradley David Barton
2018-09-24 Certificate (on limitations to public access), (Letter Form), Reply factum Bradley David Barton
2018-09-24 Reply factum on appeal, (Book Form), Completed on: 2018-09-24 Bradley David Barton
2018-09-24 Notice of appearance, Ms. Isabelle Doray and Mr. Andrej Skoko will be appearing. Mr. Skoko will present oral arguments. Director of criminal and penal prosecutions
2018-09-24 Notice of appearance, Ms. Christine Bartlett-Hughes, Ms. Benita Wasseenaar and Ms. Kate Forget will be appearing. Ms. Bartlett-Hughes will present oral arguments. Attorney General of Ontario
2018-09-21 Notice of appearance, Ms. Megan Savar will be appearing and will present oral arguments. Criminal Lawyers' Association of Ontario
2018-09-20 Notice of appearance, Jean Teillet will be appearing and present oral arguments. Women of the Métis Nation / Les Femmes Michif Otipemisiwak
2018-09-20 Notice of appearance, Ms. Joanne B. Dartana and Christine Rideout will be appearing and present oral arguments. Her Majesty the Queen
2018-09-19 Notice of appearance, Ms Cheryl Milne will be appearing and will present oral arguments. David Asper Centre for Constitutional Rights
2018-09-19 Notice of appearance, Mr. Daniel J. Song and Matthew A. Nathanson will be appearing. Mr. Song will present oral arguments. Request 2 reserved seats. Independent Criminal Defence Advocacy Society
2018-09-19 Notice of appearance, Ms. Jennifer Mann and Renée Lagimodière will be appearing and Ms. Mann will present oral arguments. Attorney General of Manitoba
2018-09-19 Notice of appearance, Ms. Janine Benedet and Gwendoline Allison will be appearing and Ms. Benedet will present oral arguments. Request 6 reserved seats. La Concertation des luttes contre l’exploitation sexuelle (La CLES), AWCEP Asian Women for Equality Society, Aboriginal Women's Action Network (AWAN), Formerly Exploited Voices Now Educating (EVE) and CEASE: Centre to End All Sexual Expploitation (CEASE)
2018-09-18 Notice of appearance, Mr. Christian Leblan and Tess Layton will be appearing and Mr. Leblanc will present oral arguments. Ad Idem / Canadian Media Lawyers Association
2018-09-18 Notice of appearance, Mr. Stuart Wuttke and Ms. Julie McGregor will be appearing and Ms. McGregor will present oral arguments. Request 3 reserved seats. Assembly of First Nations
2018-09-18 Notice of appearance, Mr. Jeffrey G. Johnson will be appearing and will present oral argument. Request 3 reserved seats.

Attorney General of Canada
2018-09-13 Intervener's book of authorities, (Book Form), Completed on: 2018-09-13 Criminal Lawyers' Association of Ontario
2018-09-13 Intervener's factum, (Book Form), Completed on: 2018-09-13 Criminal Lawyers' Association of Ontario
2018-09-13 Intervener's book of authorities, (Book Form), Completed on: 2018-09-13 Criminal Trial Lawyers' Association (Alberta)
2018-09-13 Intervener's factum, (Book Form), Completed on: 2018-09-13 Criminal Trial Lawyers' Association (Alberta)
2018-09-13 Correspondence received from, Counsel for AGO: Ms. Kate Forget Attorney General of Ontario
2018-09-13 Certificate (on limitations to public access), Form 23B Director of criminal and penal prosecutions
2018-09-13 Certificate (on limitations to public access), Form 23A Director of criminal and penal prosecutions
2018-09-13 Intervener's book of authorities, (Book Form), Completed on: 2018-09-13 Director of criminal and penal prosecutions
2018-09-13 Intervener's factum, (Book Form), Completed on: 2018-09-13 Director of criminal and penal prosecutions
2018-09-13 Intervener's factum, (Book Form), Completed on: 2018-09-13 Women of the Métis Nation / Les Femmes Michif Otipemisiwak
2018-09-13 Intervener's book of authorities, (Book Form), Completed on: 2018-09-13 Independent Criminal Defence Advocacy Society
2018-09-13 Intervener's factum, (Book Form), Completed on: 2018-09-13 Independent Criminal Defence Advocacy Society
2018-09-13 Intervener's factum, (Book Form), Completed on: 2018-09-13 Assembly of First Nations
2018-09-12 Correspondence received from, (Letter Form), Appellant, re: submission on impact of publication ban and confidential information. Bradley David Barton
2018-09-12 Intervener's book of authorities, (Book Form), Completed on: 2018-09-12 Ad Idem / Canadian Media Lawyers Association
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-12 Ad Idem / Canadian Media Lawyers Association
2018-09-12 Intervener's book of authorities, (Book Form), Completed on: 2018-09-12 La Concertation des luttes contre l’exploitation sexuelle (La CLES), AWCEP Asian Women for Equality Society, Aboriginal Women's Action Network (AWAN), Formerly Exploited Voices Now Educating (EVE) and CEASE: Centre to End All Sexual Expploitation (CEASE)
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-12 La Concertation des luttes contre l’exploitation sexuelle (La CLES), AWCEP Asian Women for Equality Society, Aboriginal Women's Action Network (AWAN), Formerly Exploited Voices Now Educating (EVE) and CEASE: Centre to End All Sexual Expploitation (CEASE)
2018-09-12 Intervener's book of authorities, (Book Form), Completed on: 2018-09-12 Attorney General of Manitoba
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-12 Attorney General of Manitoba
2018-09-12 Intervener's book of authorities, (Book Form), Completed on: 2018-09-12 David Asper Centre for Constitutional Rights
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-12 David Asper Centre for Constitutional Rights
2018-09-12 Intervener's book of authorities, (Book Form), Completed on: 2018-09-12 Aboriginal Legal Services
2018-09-12 Notice of appearance, Mr. Jonathan Rudin will be appearing and will present oral arguments.
Aboriginal Legal Services
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-13 Aboriginal Legal Services
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-12 Institute for the Advancement of Aboriginal Women
2018-09-12 Intervener's book of authorities, (Book Form), Completed on: 2018-09-12 Attorney General of Ontario
2018-09-12 Intervener's factum, (Book Form), Completed on: 2018-09-12 Attorney General of Ontario
2018-09-11 Notice of appearance, Ms. Christa Big Canoe and Fanny Wylde will be appearing. Ms. Christa Big Canoe will present oral arguments. Request 6 reserved seats. National Inquiry into Missing and Murdered Indigenous Women and Girls
2018-09-11 Intervener's factum, (Book Form), Completed on: 2018-09-11 National Inquiry into Missing and Murdered Indigenous Women and Girls
2018-09-11 Certificate (on limitations to public access), (Letter Form), Form 23B National Inquiry into Missing and Murdered Indigenous Women and Girls
2018-09-11 Intervener's book of authorities, (Book Form), Completed on: 2018-09-11 Attorney General of Canada
2018-09-11 Intervener's factum, (Book Form), Completed on: 2018-09-11 Attorney General of Canada
2018-09-06 Notice of withdrawal, (Letter Form), Completed on: 2018-09-06 Attorney General of British Columbia
2018-08-31 Correspondence received from, (Letter Form), AFN, re: submission on impact of publication ban and confidential information. Assembly of First Nations
2018-08-30 Correspondence received from, (Letter Form), Respondent, re: submission on impact of publication ban and confidential information. Her Majesty the Queen
2018-08-28 Correspondence received from, (Letter Form), Appellant, re: submission on impact of publication ban and confidential information. Bradley David Barton
2018-08-21 Notice of hearing sent to parties
2018-08-20 Correspondence (sent by the Court) to, the parties. Request for submissions regarding the publication ban and confidential information.
2018-08-15 Appeal perfected for hearing
2018-08-02 Order on motion for leave to intervene, (BY JUSTICE ROWE)
2018-08-02 Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Manitoba, the Attorney General of British Columbia, the Director of Criminal and Penal Prosecutions, Aboriginal Legal Services, the Assembly of First Nations, the Women of the Métis Nation/Les Femmes Michif Otipemisiwak, the David Asper Centre for Constitutional Rights, the Criminal Trial Lawyers’ Association (Alberta), the Criminal Lawyers’ Association, the Independent Criminal Defence Advocacy Society, Ad Idem/Canadian Media Lawyers’ Association, the Institute for the Advancement of Aboriginal Women and the Women’s Legal Education and Action Fund Inc. (jointly), the National lnquiry into Missing and Murdered Indigenous Women and Girls, and the Vancouver Rape Relief Society, La Concertation des luttes contre l’exploitation sexuelle, the Asian Women for Equality Society, the Aboriginal Women’s Action Network, Formerly Exploited Voices Now Educating and the Centre to End All Sexual Exploitation (jointly) for leave to intervene in the above appeal;
AND UPON REQUEST by the appellant for leave to file a reply factum of 5 pages to the interventions and for an additional 15 minutes of time for oral argument to respond to the interveners;
AND UPON REQUEST by the respondent for leave to file a reply factum of 5 pages to the interventions and for an additional 15 minutes of time for oral argument to respond to the interveners;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted. The said 16 interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before September 13, 2018. These interveners are each granted permission to present oral argument not exceeding 5 minutes at the hearing of the appeal.
The interveners are not entitled to (a) take a position on the outcome of the appeal, or (b) adduce further evidence or otherwise supplement the record of the parties. In light of their leave materials, the following interveners are specifically cautioned against taking a position on the outcome of the appeal: the Attorney General of Ontario, the Assembly of First Nations, the Institute for the Advancement of Aboriginal Women and the Women’s Legal Education and Action Fund Inc. (jointly), the Women of Métis Foundation/Les Femmes Michif Otipemissiwak, and the National Inquiry into Missing and Murdered Indigenous Women and Girls. In light of its leave materials, the intervener Ad Idem/Canadian Media Lawyers’ Association is specifically cautioned against the introduction of evidence supplementing the record of the parties.
The appellant and the respondent shall each be entitled to serve and file a factum in reply to the interventions, each not to exceed 5 pages in length, on or before September 24, 2018. The appellant is granted an additional 5 minutes of oral argument in reply to the interventions, for a total reply time of 10 minutes.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions.
Granted
2018-08-02 Submission of motion for leave to intervene, Row
2018-07-26 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2018-07-26 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2018-07-26 Certificate (on limitations to public access), (Letter Form), Form 23A Her Majesty the Queen
2018-07-26 Respondent's record, (Book Form), Confidential: 2 redacted copy filed on 2018-07-26. Amended cover requested (received), Completed on: 2018-07-26 Her Majesty the Queen
2018-07-26 Respondent's book of authorities, (Book Form), Completed on: 2018-07-26 Her Majesty the Queen
2018-07-26 Respondent's factum, (Book Form), Completed on: 2018-07-26 Her Majesty the Queen
2018-07-12 Notice of name, (Letter Form) National Inquiry into Missing and Murdered Indigenous Women and Girls
2018-07-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-10 Ad Idem / Canadian Media Lawyers Association
2018-07-09 Notice of name, (Letter Form) Director of criminal and penal prosecutions
2018-07-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-09 Director of criminal and penal prosecutions
2018-07-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-09 Attorney General of Ontario
2018-07-06 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-06 Attorney General of Canada
2018-07-05 Response to the motion for leave to intervene, Completed on: 2018-07-05 Her Majesty the Queen
2018-07-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-04 Bradley David Barton
2018-07-05 Correspondence received from, Counsels for the Respondent: Ms. Joanna B. Dartana and Ms. Christine Rideout. Her Majesty the Queen
2018-07-04 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-06-04 Bradley David Barton
2018-07-03 Notice of name, (Letter Form) Criminal Trial Lawyers' Association (Alberta)
2018-07-03 Motion for leave to intervene, (Book Form), Completed on: 2018-07-04 Criminal Trial Lawyers' Association (Alberta)
2018-06-29 Notice of name David Asper Centre for Constitutional Rights
2018-06-29 Motion for leave to intervene, (Book Form), Completed on: 2018-06-29, (Electronic version filed on 2018-06-29) David Asper Centre for Constitutional Rights
2018-06-29 Notice of name Women's Legal Education and Action Fund Inc.
2018-06-29 Notice of name Institute for the Advancement of Aboriginal Women
2018-06-29 Motion for leave to intervene, (Book Form), Completed on: 2018-06-29, (Electronic version filed on 2018-06-29) Institute for the Advancement of Aboriginal Women
2018-06-29 Notice of name Criminal Lawyers' Association of Ontario
2018-06-29 Motion for leave to intervene, (Book Form), Proof of service required (received 2018-07-11), Completed on: 2018-07-11, (Electronic version filed on 2018-06-29) Criminal Lawyers' Association of Ontario
2018-06-29 Motion for leave to intervene, (Book Form), Completed on: 2018-07-06, (Electronic version filed on 2018-06-29) Attorney General of British Columbia
2018-06-29 Notice of name, (Letter Form) Director of criminal and penal prosecutions
2018-06-29 Motion for leave to intervene, (Book Form), Completed on: 2018-06-29 Director of criminal and penal prosecutions
2018-06-29 Notice of name, (Letter Form) Independent Criminal Defence Advocacy Society
2018-06-29 Motion for leave to intervene, (Book Form), Completed on: 2018-06-29 Independent Criminal Defence Advocacy Society
2018-06-29 Motion for leave to intervene, (Book Form), Completed on: 2018-06-29 National Inquiry into Missing and Murdered Indigenous Women and Girls
2018-06-28 Motion for leave to intervene, (Book Form), Completed on: 2018-06-28, (Printed version filed on 2018-06-29) Attorney General of Ontario
2018-06-28 Motion for leave to intervene, (Book Form), fees and paper copies to come (rec'd June 29, 2018), Completed on: 2018-07-03, (Printed version filed on 2018-06-29) Women of the Métis Nation / Les Femmes Michif Otipemisiwak
2018-06-28 Certificate (on limitations to public access), (Letter Form), 23b Ad Idem / Canadian Media Lawyers Association
2018-06-28 Certificate (on limitations to public access), (Letter Form), 23a Ad Idem / Canadian Media Lawyers Association
2018-06-28 Notice of name, (Letter Form) Ad Idem / Canadian Media Lawyers Association
2018-06-28 Motion for leave to intervene, (Book Form), Page 30 replaced in the books on 2018-07-10., Completed on: 2018-06-28 Ad Idem / Canadian Media Lawyers Association
2018-06-28 Motion for leave to intervene, (Book Form), Completed on: 2018-06-28 Attorney General of Canada
2018-06-28 Notice of name, (Letter Form) Assembly of First Nations
2018-06-28 Motion for leave to intervene, (Letter Form), Completed on: 2018-06-28 Assembly of First Nations
2018-06-27 Notice of name, (Included in the motion for leave to intervene), Paper version received 2018-06-28. Aboriginal Legal Services
2018-06-27 Motion for leave to intervene, (Book Form), Paper version received 2018-06-28., Completed on: 2018-06-28 Aboriginal Legal Services
2018-06-26 Notice of name, (Included in the motion for leave to intervene), included at tab 4 Vancouver Rape Relief Society
2018-06-26 Motion for leave to intervene, (Book Form), Completed on: 2018-06-26 Vancouver Rape Relief Society
2018-06-26 Motion for leave to intervene, (Book Form), Completed on: 2018-06-26 Attorney General of Manitoba
2018-06-01 Appellant's record, (Book Form), (8 volumes), Completed on: 2018-06-01 Bradley David Barton
2018-06-01 Certificate of counsel (attesting to record), (Letter Form) Bradley David Barton
2018-06-01 Certificate (on limitations to public access), (Letter Form), Form 23B Bradley David Barton
2018-06-01 Certificate (on limitations to public access), (Letter Form), Form 23A (amended version rec'd 2018-09-14) Bradley David Barton
2018-06-01 Appellant's book of authorities, (Book Form), Completed on: 2018-06-01 Bradley David Barton
2018-06-01 Appellant's factum, (Book Form), Amended factum (pages inserted in books 2018-06-04)., Completed on: 2018-06-01 Bradley David Barton
2018-05-04 Order on motion for additional time to present oral argument, (BY THE CHIEF JUSTICE)
2018-05-04 Order on motion to file a lengthy factum, (BY THE CHIEF JUSTICE)
2018-05-04 Decision on motion for additional time to present oral argument, CJ, UPON APPLICATION by the appellant for an order permitting both parties to this appeal to each file a factum not exceeding sixty (60) pages in length, and each accorded ninety (90) minutes in oral argument at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2018-05-04 Decision on motion to file a lengthy factum, CJ, UPON APPLICATION by the appellant for an order permitting both parties to this appeal to each file a factum not exceeding sixty (60) pages in length, and each accorded ninety (90) minutes in oral argument at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2018-05-04 Submission of motion for additional time to present oral argument, CJ
2018-05-04 Submission of motion to file a lengthy factum, CJ
2018-04-09 Notice of appeal, Amended notice of appeal (received on 2018-04-20), Completed on: 2018-04-09 Bradley David Barton
2018-04-09 Response to the motion to file a lengthy factum, (Letter Form), (Included in the response to the motion for additional time to present oral argument), Completed on: 2018-04-09 Her Majesty the Queen
2018-04-09 Response to the motion for additional time to present oral argument, (Letter Form), Completed on: 2018-04-09 Her Majesty the Queen
2018-04-09 Motion to file a lengthy factum, (Letter Form), (Included in the motion for additional time to present oral argument), joint motions, Completed on: 2018-04-10 Bradley David Barton
2018-04-09 Motion for additional time to present oral argument, (Letter Form), joint motions, Completed on: 2018-04-09 Bradley David Barton
2018-03-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-03-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-03-09 Judgment on leave sent to the parties
2018-03-08 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 (Edmonton), Number 1503-0091-A, 2017 ABCA 216, dated June 30, 2017, is granted.
Granted
2018-02-05 All materials on application for leave submitted to the Judges, Abe Ga Br, for consideration by the Court
2017-11-03 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-11-03 Bradley David Barton
2017-10-26 Certificate (on limitations to public access), 23-B Her Majesty the Queen
2017-10-26 Certificate (on limitations to public access), 23-A Her Majesty the Queen
2017-10-26 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-26 Her Majesty the Queen
2017-10-06 Motion to extend time, (Letter Form), to serve and file response to November 3rd, 2017. This motion is unnecessary since the response was filed on time., Completed on: 2017-10-06 Her Majesty the Queen
2017-09-28 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED ON 2017-09-28
2017-09-26 Certificate (on limitations to public access), 23-B Bradley David Barton
2017-09-26 Certificate (on limitations to public access), 23-A Bradley David Barton
2017-09-26 Application for leave to appeal, (Book Form), CA Judgment dated June 30, 2017 - filed on Oct.24/2017., Completed on: 2017-09-28 Bradley David Barton