Docket

38188

Mitra Javanmardi v. Her Majesty the Queen, et al.

(Que.) (Criminal) (As of Right / By Leave)

(Publication ban in case) (Sealing order) (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)
2020-03-13 Appeal closed
2019-11-15 Formal judgment sent to the registrar of the court of appeal and all parties
2019-11-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-11-14 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005886-153, 2018 QCCA 856, dated May 31, 2018, heard on May 15, 2019, is allowed and the acquittals are restored. Wagner C.J. and Rowe J. dissent.
Allowed
2019-05-30 Transcript received, 119 pages
2019-05-15 General proceeding, (Letter Form), Questionnaire regarding the Sealing Order and Publication Ban. Attorney General of Quebec
2019-05-15 General proceeding, (Letter Form), Questionnaire regarding the Sealing Order and Publication Ban. Her Majesty the Queen
2019-05-15 General proceeding, (Letter Form), Questionnaire regarding the Sealing Order and Publication Ban. Mitra Javanmardi
2019-05-15 Judgment reserved OR rendered with reasons to follow
2019-05-15 Intervener's condensed book, (Book Form), 14 copies (submitted in Court) Association des avocats de la défense de Montréal
2019-05-15 Intervener's condensed book, (Book Form), 14 copies (submitted in Court) Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-05-15 Intervener's condensed book, (Book Form), 14 copies (submitted in Court) Canadian Association of Naturopathic Doctors
2019-05-15 Respondent's condensed book, (Book Form), 14 copies (submitted in Court) Her Majesty the Queen
2019-05-15 Appellant's condensed book, (Book Form), 14 copies (submitted in Court) Mitra Javanmardi
2019-05-15 Hearing of the appeal, 2019-05-15, CJ Abe Mo Ka Côt Br Row
Judgment reserved
2019-05-07 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-05-03 Notice of appearance, (Letter Form), Christian Jarry will be present at the hearing and will present oral arguments. Her Majesty the Queen
2019-05-03 Appeal perfected for hearing
2019-05-02 Certificate (on limitations to public access), (Letter Form), 23B Attorney General of Quebec
2019-05-02 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Quebec
2019-05-02 Notice of name, (Letter Form) Attorney General of Quebec
2019-05-01 Notice of appearance, (Letter Form), Giuseppe Battista, Ad. E. and Jessy Héroux will be present at the hearing. Mr. Battista will present oral arguments. Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-05-01 Notice of appearance, (Letter Form), Julien Bernard, Jean-Vincent Lacroix and Alexandre Duval will be present at the hearing. Mr. Bernard will present oral arguments. Attorney General of Quebec
2019-05-01 Notice of appearance, (Letter Form), David Wilson, Benjamin Grant and Marion Sandilands will be present for the hearing. Mr. Grant will present oral arguments. Canadian Association of Naturopathic Doctors
2019-05-01 Notice of appearance, (Letter Form), Anil K. Kapoor and Dana C. Achtemichuk will be present at the hearing. Mr. Kapoor will present oral arguments. Criminal Lawyers' Association
2019-05-01 Intervener's book of authorities, (Book Form), Completed on: 2019-05-01 Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-05-01 Intervener's factum, (Book Form), Completed on: 2019-05-01 Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-05-01 Intervener's book of authorities, (Book Form), Completed on: 2019-05-01 Canadian Association of Naturopathic Doctors
2019-05-01 Intervener's factum, (Book Form), Completed on: 2019-05-01 Canadian Association of Naturopathic Doctors
2019-05-01 Notice of name, (Letter Form) Association des avocats de la défense de Montréal
2019-05-01 Intervener's factum, (Book Form), Completed on: 2019-05-01 Association des avocats de la défense de Montréal
2019-05-01 Intervener's book of authorities, (Book Form), Completed on: 2019-05-01 Criminal Lawyers' Association
2019-05-01 Intervener's factum, (Book Form), Completed on: 2019-05-01 Criminal Lawyers' Association
2019-04-30 Correspondence received from, (Letter Form), 34 reserved seats requested. Mitra Javanmardi
2019-04-29 Notice of appearance, (Letter Form), Christian Desrosiers and Michel Marchand will be present at the hearing. Me Marchand will present oral arguments. Association des avocats de la défense de Montréal
2019-04-29 Notice of appearance, (Letter Form), Isabel J. Schurman, Francis Villeneuve Ménard, Ad. E, Julius Grey, Ad. E, and Rose-Mélanie Drivod will be present at the hearing. Ms. Schurman and Mr. Grey will present oral arguments. Mitra Javanmardi
2019-04-29 Respondent's book of authorities, (Book Form), Completed on: 2019-04-29 Her Majesty the Queen
2019-04-29 Respondent's factum, (Book Form), 23B missing-rec'd 2019/05/07, Completed on: 2019-05-07 Her Majesty the Queen
2019-04-26 Respondent's book of authorities, (Book Form), Completed on: 2019-04-26 Attorney General of Quebec
2019-04-26 Respondent's factum, (Book Form), 23A and 23B missing-rec'd 2019/05/02, Completed on: 2019-05-02 Attorney General of Quebec
2019-04-11 Order on motion for leave to intervene, by CÔTÉ J.
2019-04-11 Decision on the motion for leave to intervene, Côt,
UPON APPLICATION by the Association des avocats de la défense de Montréal; the Canadian Council of Criminal Defence Lawyers; the Québec Association of Naturopatic Medecine and the Association des naturopathes agréés du Québec (jointly); the Canadian Association of Naturopathic Doctors and the Criminal Lawyers’ Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene by the Canadian Council of Criminal Defence Lawyers is dismissed.
The motions for leave to intervene by the Association des avocats de la défense de Montréal; the Québec Association of Naturopatic Medecine and the Association des naturopathes agréés du Québec (jointly); the Canadian Association of Naturopathic Doctors and the Criminal Lawyers’ Association are granted and the said four (4) interveners or group of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before May 1, 2019.
The said four (4) interveners or group of 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 the respondents any additional disbursements resulting from their interventions.
Allowed in part
2019-04-11 Submission of motion for leave to intervene, Côt
2019-04-09 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-09 Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-04-08 Notice of withdrawal, (Letter Form), The intervener, Attorney General of Canada, discontinues his intervention on a constitutional question filed on July 25, 2018., Completed on: 2019-04-08 Attorney General of Canada
2019-04-08 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-08 Canadian Council of Criminal Defence Lawyers
2019-04-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-05 Attorney General of Quebec
2019-04-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-05 Attorney General of Quebec
2019-04-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-05 Attorney General of Quebec
2019-04-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-05 Attorney General of Quebec
2019-04-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-05 Attorney General of Quebec
2019-04-05 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-05 Mitra Javanmardi
2019-04-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-03 Her Majesty the Queen
2019-04-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-03 Her Majesty the Queen
2019-04-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-03 Her Majesty the Queen
2019-04-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-03 Her Majesty the Queen
2019-04-01 Motion for leave to intervene, (Book Form), MISSING: fiing fee (received 2019-04-02), Completed on: 2019-04-03 Criminal Lawyers' Association
2019-04-01 Notice of name, (Letter Form) Canadian Association of Naturopathic Doctors
2019-04-01 Other book of authorities, (Book Form), in support of motion for leave to intervene., Completed on: 2019-04-01 Canadian Association of Naturopathic Doctors
2019-04-01 Motion for leave to intervene, (Book Form), Completed on: 2019-04-01 Canadian Association of Naturopathic Doctors
2019-04-01 Notice of name, (Letter Form) Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-04-01 Motion for leave to intervene, (Book Form), Completed on: 2019-04-01 Québec Association of Naturopatic Medecine and Association des naturopathes agréés du Québec
2019-03-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-03-29 Her Majesty the Queen
2019-03-29 Notice of name, (Letter Form) Canadian Council of Criminal Defence Lawyers
2019-03-29 Motion for leave to intervene, (Book Form), Completed on: 2019-03-29 Canadian Council of Criminal Defence Lawyers
2019-03-28 Notice of name, (Letter Form) Association des avocats de la défense de Montréal
2019-03-28 Motion for leave to intervene, (Book Form), Completed on: 2019-03-28 Association des avocats de la défense de Montréal
2019-03-08 Correspondence received from, (Letter Form), Éric Marcoux is co-counsel for the Intervener Attorney General of Canada
2019-03-07 Certificate (on limitations to public access), (Letter Form), 23B-Response Her Majesty the Queen
2019-03-05 Notice of hearing sent to parties
2019-03-04 Certificate of counsel (attesting to record), (Letter Form) Mitra Javanmardi
2019-03-04 Certificate (on limitations to public access), (Letter Form), 23B Mitra Javanmardi
2019-03-04 Certificate (on limitations to public access), (Letter Form), 23A Mitra Javanmardi
2019-03-04 Appellant's book of authorities, (Book Form), Completed on: 2019-03-04 Mitra Javanmardi
2019-03-04 Appellant's record, (Book Form), (23 volumes), Volumes 2-23 filed electronically only pursuant to Rule 38.1. VOLUMES 2-23 ARE RESTRICTED., Completed on: 2019-03-04 Mitra Javanmardi
2019-03-04 Appellant's factum, (Book Form), Amended covers required-rec'd 2019/03/06
Amended factum rec'd 2019/03/20, Completed on: 2019-03-06
Mitra Javanmardi
2019-02-26 Appeal hearing scheduled, 2019-05-15, The schedule for serving and filing the material is set as follows:

a) The notice of appeal shall be served and filed on or before January 7, 2019.

b) Any notice of constitutional question shall be served and filed on or before January 7, 2019.

c) Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a notice of intervention respecting constitutional question on or before February 4, 2019.

d) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before March 4, 2019.

e) 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 April 1st, 2019.

f) The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before April 5, 2019.

g) Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 9, 2019.

h) 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 May 1st, 2019.

i) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before May 1st, 2019.

j) The respondents’ record(s), factum(s) and book(s) of authorities, if any, shall be served and filed on or before April 29, 2019.

Judgment reserved
2019-01-07 Notice of appeal, (Letter Form), Completed on: 2019-01-07 Mitra Javanmardi
2019-01-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-12-07 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-12-07 Judgment on leave sent to the parties
2018-12-06 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 Quebec (Montréal), Number 500-10-005886-153, 2018 QCCA 856, dated May 31, 2018, is granted.

The order of the Registrar dated August 16, 2018, is varied and the schedule for serving and filing materials will be set by the Registrar.
Granted
2018-11-13 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-10-18 Notice of change of solicitor, (Letter Form), Emily K. Moreau is now agent for the respondent, Her Majesty the Queen Her Majesty the Queen
2018-09-25 Intervener's memorandum of argument on application for leave, (Letter Form), will not be filing a response to the application for leave to appeal., Completed on: 2018-09-25 Attorney General of Canada
2018-09-25 Respondent's response on the application for leave to appeal, (Letter Form), will not be filing a response to the application for leave to appeal., Completed on: 2018-09-25 Attorney General of Quebec
2018-09-24 Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate required-rec'd 2019/03/07 Her Majesty the Queen
2018-09-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-24 Her Majesty the Queen
2018-08-28 Notice of change of counsel, (Letter Form), Mr. Marc Ribiero is now counsel for the intervener, Attorney General of Canada. Attorney General of Canada
2018-08-28 Notice of change of counsel, (Letter Form), Mr. Christian Jarry has replaced Mr. Dionisis Galiatsatos in this matter. Her Majesty the Queen
2018-08-28 Letter acknowledging receipt of a complete application for leave to appeal
2018-08-28 Certificate (on limitations to public access), (Letter Form), 23B Mitra Javanmardi
2018-08-28 Certificate (on limitations to public access), (Letter Form), 23A Mitra Javanmardi
2018-08-28 Application for leave to appeal, (Book Form), service on AG Canada missing-rec'd 2018/08/29, Completed on: 2018-08-29 Mitra Javanmardi
2018-08-16 Order on motion to extend time, (by ROGER BILODEAU, Q.C.)
2018-08-16 Decision on motion to extend time, Reg,
UPON APPLICATION by the appellant for an order to extend the time to serve and file her documents in the appeal as of right and permitting her to file a single factum, record and book of authorities, if any, for her appeal as of right and her appeal by leave, if leave is granted;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondents have no objections to the motion;
IT IS HEREBY ORDERED THAT:
1.The motion is granted;
2.The appellant is permitted to serve and file the above mentioned documents within eight (8) weeks after the Court’s decision on the leave application, if leave is denied, or within eight (8) weeks after the filing of the notice of appeal for the appeal by leave, if leave is granted; and
3.The Attorney General of Canada shall serve and file their factum and book of authorities, if any, within sixteen (16) weeks after the Court’s decision on the leave application, if leave is denied, or within sixteen (16) weeks after the filing of the notice of appeal for the appeal by leave, if leave is granted.
Granted
2018-08-16 Submission of motion to extend time, Reg
2018-08-03 Response to motion to extend time, (Letter Form), Completed on: 2018-08-03 Attorney General of Quebec
2018-08-02 Response to motion to extend time, (Letter Form), Completed on: 2018-08-02 Her Majesty the Queen
2018-08-01 Motion to extend time, (Book Form), to file and serve the appeal documents., Completed on: 2018-08-01 Mitra Javanmardi
2018-07-25 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2018-07-25 Attorney General of Canada
2018-07-23 Correspondence received from, (Letter Form), the respondent, Attorney General of Quebec. Mr. Alexandre Duval, Mr. Julien Bernard and Mr. Jean-Vincent Lacroix are now counsel for the respondent in lieu of Ms. Marie-Eve Mayer. Attorney General of Quebec
2018-07-03 Letter acknowledging receipt of a notice of appeal
2018-06-28 Certificate (on limitations to public access), (Letter Form), 23B Mitra Javanmardi
2018-06-28 Certificate (on limitations to public access), (Letter Form), 23A Mitra Javanmardi
2018-06-28 Correspondence received from, (Letter Form), Application for leave to appeal will be filed, date of the hearing of the appeal as of right should take into account the delay in time for a decision to be rendered on the application for leave to appeal. Mitra Javanmardi
2018-06-28 Notice of constitutional question(s), (Letter Form), 1 copy missing-rec'd 2018/07/03, Completed on: 2018-06-28 Mitra Javanmardi
2018-06-28 Notice of appeal, (Letter Form), 1 copy missing-rec'd 2018/07/03, Completed on: 2018-06-28 Mitra Javanmardi