Docket

38004

Her Majesty the Queen v. Albert Penunsi

(Newfoundland & Labrador) (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)
2019-07-10 Appeal closed
2019-07-08 Formal judgment sent to the registrar of the court of appeal and all parties
2019-07-08 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-07-05 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 201501H0083, 2018 NLCA 4, dated January 18, 2018, heard on February 21, 2019, is allowed and the order of the Court of Appeal is quashed.
Allowed
2019-03-08 Transcript received, 112 pages
2019-02-21 Judgment reserved OR rendered with reasons to follow
2019-02-21 Hearing of the appeal, 2019-02-21, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2019-02-21 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Albert Penunsi
2019-02-21 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2019-02-20 Correspondence received from, 1 reserved seat requested. Director of Public Prosecutions
2019-02-11 Intervener's factum, (Book Form), Completed on: 2019-02-11 Yukon Legal Services Society
2019-02-11 Intervener's factum, (Book Form), Completed on: 2019-02-11 Canadian Association for Progress in Justice
2019-02-11 Intervener's book of authorities, (Book Form), Completed on: 2019-02-11 Director of Public Prosecutions
2019-02-11 Intervener's factum, (Book Form), Completed on: 2019-02-11 Director of Public Prosecutions
2019-02-11 Intervener's book of authorities, (Book Form), Completed on: 2019-02-11 Attorney General of Ontario
2019-02-11 Intervener's factum, (Book Form), Completed on: 2019-02-11 Attorney General of Ontario
2019-02-11 Notice of appearance, (Letter Form), Scott Bergman will appear before the court and will present oral arguments. Canadian Civil Liberties Association
2019-02-11 Intervener's factum, (Book Form), Completed on: 2019-02-11 Canadian Civil Liberties Association
2019-02-11 Notice of appearance, (Letter Form), Vincent Larochelle and Gregory Johansson will appear before the court. Mr. Larochelle will present oral arguments.
Yukon Legal Services Society
2019-02-07 Notice of appearance, (Letter Form), Sean Moreman and Farid Muttalib will appear before the court. Mr. Moreman will present oral arguments.
Canadian Broadcasting Corporation
2019-02-07 Intervener's factum, (Book Form), Completed on: 2019-02-07 Canadian Broadcasting Corporation
2019-02-07 Notice of appearance, (Letter Form), Ryan D.W. Dalziel and Joseph J. Saulnier will appear before the court. Mr. Dalziel will present oral arguments. Canadian Association for Progress in Justice
2019-02-07 Notice of appearance, (Letter Form), David W. Schermbrucker and Elaine Reid will appear before the court. Mr. Schermbrucker will present oral arguments. Director of Public Prosecutions
2019-02-07 Notice of appearance, (Letter Form), Jessica Tellez will appear before the court and will present oral arguments.
Albert Penunsi
2019-02-06 Notice of appearance, (Letter Form), Lisa M. Stead will appear before the court and will present oral arguments.
Her Majesty the Queen
2019-02-06 Appeal perfected for hearing
2019-01-29 Correspondence received from, (Letter Form), 9 reserved seats requested. Albert Penunsi
2019-01-28 Respondent's book of authorities, (Book Form), Completed on: 2019-01-28 Albert Penunsi
2019-01-28 Certificate (on limitations to public access), (Letter Form) Albert Penunsi
2019-01-28 Respondent's factum, (Book Form), Completed on: 2019-01-28 Albert Penunsi
2019-01-23 Order on motion for leave to intervene, by KARAKATSANIS J.
2019-01-23 Decision on the motion for leave to intervene, Ka,
UPON APPLICATION by the Director of Public Prosecutions, the Attorney General of Ontario, the Yukon Legal Services Society, the Canadian Civil Liberties Association, the Canadian Broadcasting Corporation and the Canadian Association for Progress in Justice 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 six (6) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before February 11, 2019.
The Director of Public Prosecutions, the Yukon Legal Services Society, the Canadian Civil Liberties Association, the Canadian Broadcasting Corporation and the Canadian Association for Progress in Justice are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The Court will consider the written submissions of the Attorney General of Ontario as set out in their factum without the need for oral argument.
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.
Granted
2019-01-23 Submission of motion for leave to intervene, Ka
2019-01-14 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-14 Her Majesty the Queen
2019-01-14 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-14 Albert Penunsi
2019-01-07 Notice of name, (Letter Form) Canadian Association for Progress in Justice
2019-01-07 Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 Canadian Association for Progress in Justice
2019-01-07 Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 Canadian Broadcasting Corporation
2019-01-07 Notice of name, (Letter Form) Canadian Civil Liberties Association
2019-01-07 Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 Canadian Civil Liberties Association
2019-01-07 Certificate (on limitations to public access), (Letter Form), Form 23A Yukon Legal Services Society
2019-01-07 Notice of name, (Letter Form) Yukon Legal Services Society
2019-01-07 Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 Yukon Legal Services Society
2019-01-03 Motion for leave to intervene, (Book Form), Completed on: 2019-01-03 Attorney General of Ontario
2018-12-20 Motion for leave to intervene, (Letter Form), MISSING: Notice of name (Standing Notice of name received 2019-01-03), Completed on: 2019-01-08 Director of Public Prosecutions
2018-12-11 Correspondence received from, Ms Major, agent for the Respondent. Albert Penunsi
2018-12-07 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-02-21,
The schedule for serving and filing the material is set as follows:

The notice of appeal shall be served and filed on or before October 9, 2018.

The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before December 4, 2018.

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 January 7, 2019.

The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before January 14, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 17, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before February 11, 2019.

The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before January 29, 2019.
Judgment reserved
2018-12-04 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2018-12-04 Appellant's record, (Book Form), (2 volumes), Completed on: 2018-12-04 Her Majesty the Queen
2018-12-04 Appellant's factum, (Book Form), Completed on: 2018-12-04 Her Majesty the Queen
2018-10-02 Notice of appeal, Completed on: 2018-10-02 Her Majesty the Queen
2018-09-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-09-07 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-09-07 Judgment on leave sent to the parties
2018-09-06 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 Newfoundland and Labrador, Number 201501H0083, 2018 NLCA 4, dated January 19, 2018, is granted. The schedule for serving and filing materials will be set by the Registrar.
Granted
2018-08-07 Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response., Completed on: 2018-08-07 Albert Penunsi
2018-08-07 All materials on application for leave submitted to the Judges, Mo Ka Côt, for consideration by the Court
2018-03-16 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018-03-16
2018-03-14 Certificate (on limitations to public access) Her Majesty the Queen
2018-03-14 Application for leave to appeal, (Book Form), filing fee missing (Received on March 20, 2018), Completed on: 2018-03-20 Her Majesty the Queen