Docket

38585

Attorney General of Ontario v. G

(Ont.) (Criminal) (By Leave)

(Sealing order)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2021-02-22 Appeal closed
2020-11-23 Formal judgment sent to the registrar of the court of appeal and all parties
2020-11-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-11-20 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C64762, 2019 ONCA 264, dated April 4, 2019, heard on February 20, 2020, is dismissed with costs. Côté and Brown JJ. dissent in part.
Dismissed, with costs
2020-03-03 Transcript received, 124 pages
2020-02-20 General proceeding, (Letter Form), Case Sensitivity Questionnaire G
2020-02-20 General proceeding, (Letter Form), Case sensitivity Questionnaire Attorney General of Ontario
2020-02-20 Judgment reserved OR rendered with reasons to follow
2020-02-20 Hearing of the appeal, 2020-02-20, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-02-20 Intervener's condensed book, (Book Form) Empowerment Council
2020-02-20 Respondent's condensed book, (Book Form) G
2020-02-20 Appellant's condensed book, (Book Form) Attorney General of Ontario
2020-02-11 Certificate of counsel (attesting to record), (Letter Form) G
2020-02-06 Correspondence received from, (Letter Form), 4 reserved seats requested G
2020-02-06 Notice of appearance, (Letter Form), Marshall A. Swadron, Joanna Weiss and Arooba Shakeel will appear before the court. Mr. Swadron will present oral arguments. G
2020-02-06 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2020-02-06 Attorney General of Canada
2020-02-06 Intervener's book of authorities, (Book Form), Completed on: 2020-02-06 Empowerment Council
2020-02-06 Intervener's factum, (Book Form), Completed on: 2020-02-06 Empowerment Council
2020-02-06 Intervener's book of authorities, (Book Form), Completed on: 2020-02-06 Criminal Lawyers' Association (Ontario)
2020-02-06 Intervener's factum, (Book Form), Completed on: 2020-02-06 Criminal Lawyers' Association (Ontario)
2020-02-06 Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2020-02-06 David Asper Centre for Constitutional Rights
2020-02-06 Intervener's factum, (Book Form), Completed on: 2020-02-06 David Asper Centre for Constitutional Rights
2020-02-05 Notice of appearance, (Letter Form), Marc Ribeiro and John Provart will appear before the court. Mr. Ribeiro will present oral arguments. Attorney General of Canada
2020-02-05 Notice of appearance, (Letter Form), Adam Goldenberg and Ljiljana Stanic will appear before the court. Canadian Mental Health Association, Ontario
2020-02-05 Intervener's book of authorities, (Book Form), Completed on: 2020-02-05 Canadian Civil Liberties Association
2020-02-05 Intervener's factum, (Book Form), Completed on: 2020-02-05 Canadian Civil Liberties Association
2020-02-05 Intervener's factum, (Book Form), Completed on: 2020-02-05 Canadian Mental Health Association, Ontario
2020-02-04 Notice of appearance, (Letter Form), Ms. Anita Szigeti, Andrew Menchynski, Rudy Dhand and Meaghan McMahon will appear before the court. Ms. Szigeti will present oral arguments. Empowerment Council
2020-02-04 Notice of appearance, (Letter Form), Eric Dann and Michelle Psutka will appear before the court. Mrs. Dann will present oral arguments. Criminal Lawyers' Association (Ontario)
2020-02-04 Notice of appearance, (Letter Form), Cheryl Milne will appear before the court. Mrs. Milne will present oral arguments. David Asper Centre for Constitutional Rights
2020-02-04 Notice of appearance, (Letter Form), Cara Faith Zwibel and Jill R. Presser will appear before the court. Mrs. Zwibel will present oral arguments.

Amended notice rec'd 2020-02-11 : Jill R. Presser and Shakir Rahim will appear before the court. Mrs. Presser will present oral arguments.
Canadian Civil Liberties Association
2020-02-03 Certificate (on limitations to public access), (Letter Form), 23B G
2020-02-03 Certificate (on limitations to public access), (Letter Form), 23A
CONFIDENTIAL
G
2020-02-03 Respondent's book of authorities, (Book Form), Completed on: 2020-02-03 G
2020-02-03 Respondent's record, (Book Form), Completed on: 2020-02-12 G
2020-02-03 Respondent's factum, (Book Form), Completed on: 2020-02-03 G
2020-01-31 Notice of appearance, (Letter Form), S. Zachary Green will appear before the court. Mr. Green will present oral arguments. Attorney General of Ontario
2020-01-24 Order on motion for leave to intervene, by KARAKATSANIS J.
2020-01-24 Decision on the motion for leave to intervene, Ka,
UPON APPLICATION by the Canadian Mental Health Association, Ontario, for leave to intervene in the above appeal and for an order extending the time to serve and file its motion for leave to intervene to January 16, 2020;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time and the motion for leave to intervene are granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before February 6, 2020, at 12 p.m. EST.
The request to present oral argument at the hearing of the appeal is dismissed.
The intervener is 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 intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention.

Granted
2020-01-24 Submission of motion for leave to intervene, Ka
2020-01-21 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-21 Attorney General of Ontario
2020-01-20 Order on motion for leave to intervene, by KARAKATSANIS J.
2020-01-20 Decision on the motion for leave to intervene, Ka,
UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, John Doe, the David Asper Centre for Constitutional Rights and the Empowerment Council 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 John Doe is dismissed.

The motions for leave to intervene by the Criminal Lawyers’ Association (Ontario), the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights and the Empowerment Council are granted and the said four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before February 6, 2020, at 12 p.m. EST.

The said four (4) 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.


AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Canada is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Allowed in part
2020-01-20 Submission of motion for leave to intervene, Ka
2020-01-17 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2020-01-17 G
2020-01-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-17 G
2020-01-16 Notice of name, (Letter Form) Canadian Mental Health Association, Ontario
2020-01-16 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2020-01-16 Canadian Mental Health Association, Ontario
2020-01-16 Motion for leave to intervene, (Book Form), Completed on: 2020-01-16 Canadian Mental Health Association, Ontario
2020-01-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-10 Empowerment Council
2020-01-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-10 G
2020-01-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-10 Attorney General of Ontario
2020-01-09 Correspondence received from, (Letter Form), Marc Ribeiro. Change of counsel. Attorney General of Canada
2020-01-06 Notice of name, (Letter Form) Empowerment Council
2020-01-06 Motion for leave to intervene, (Letter Form), Completed on: 2020-01-06 Empowerment Council
2020-01-06 Notice of name, (Letter Form) David Asper Centre for Constitutional Rights
2020-01-06 Motion for leave to intervene, (Book Form), Completed on: 2020-01-06 David Asper Centre for Constitutional Rights
2020-01-03 Certificate (on limitations to public access), (Letter Form), Form 23B John Doe
2020-01-03 Certificate (on limitations to public access), (Letter Form), Form 23A John Doe
2020-01-03 Notice of name, (Letter Form) John Doe
2020-01-03 Motion for leave to intervene, (Book Form), *SEALED*
MISSING:
1) detailed affidavit of service (received 2020-01-07)
2) filing fee (received 2020-01-07)
3) redacted copies (received 2020-01-07), Completed on: 2020-01-10
John Doe
2020-01-03 Motion for leave to intervene, (Book Form), Amended electronic version received on 2020-01-06.
MISSING: proof of service (received 2020-01-06) and amended cover page., Incomplete
Canadian Civil Liberties Association
2020-01-03 Notice of name, (Letter Form) Criminal Lawyers' Association (Ontario)
2020-01-03 Motion for leave to intervene, (Letter Form), Completed on: 2020-01-03 Criminal Lawyers' Association (Ontario)
2019-12-17 Appellant's record, (Book Form), (18 volumes), Completed on: 2019-12-17 Attorney General of Ontario
2019-12-16 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Ontario
2019-12-16 Certificate (on limitations to public access), (Letter Form), 23B Attorney General of Ontario
2019-12-16 Appellant's factum, (Book Form), Completed on: 2019-12-16 Attorney General of Ontario
2019-12-16 Correspondence received from, (Letter Form), Delivery / Deadline Attorney General of Ontario
2019-12-13 Notice of hearing sent to parties
2019-12-11 Appeal hearing scheduled, 2020-02-20,
The schedule for serving and filing the material is set as follows:

a) 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 November 25, 2019.

b) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before December 16, 2019.

c) 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 6, 2020.

d) The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before January 10, 2020.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 14, 2020.

f) 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 6, 2020.

g) 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 February 6, 2020.

h) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before February 3, 2020.


Judgment reserved
2019-11-25 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-11-25 Attorney General of Canada
2019-11-21 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-10-28 Notice of constitutional question(s), (Letter Form), All Attorneys General served on October 28, 2019, Completed on: 2019-10-28 G
2019-10-28 Certificate (on limitations to public access), (Letter Form), 23B Attorney General of Ontario
2019-10-28 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Ontario
2019-10-28 Notice of constitutional question(s), All Attorneys General served on October 28, 2019, Completed on: 2019-10-28 Attorney General of Ontario
2019-10-28 Notice of appeal, (Letter Form), Completed on: 2019-10-28 Attorney General of Ontario
2019-09-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-09-27 Judgment on leave sent to the parties
2019-09-26 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 for Ontario, Number C64762, 2019 ONCA 264, dated April 4, 2019, is granted.

The schedule for serving and filing materials will be set by the Registrar.
Granted
2019-08-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-06-27 Certificate (on limitations to public access), (Letter Form), 23B G
2019-06-27 Certificate (on limitations to public access), (Letter Form), 23A G
2019-06-27 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-06-27 G
2019-06-14 Order issued on motion for a stay of execution, by MOLDAVER J.
2019-06-14 Decision on the motion for a stay of execution, Mo,
UPON APPLICATION by the applicant pursuant to section 65.1 of the Supreme Court Act and Rule 47 of the Rules of the Supreme Court of Canada for an order staying the judgment of the Court of Appeal for Ontario, number C64762, 2019 ONCA 264, dated April 4, 2019, until the application for leave to appeal is dismissed or, if leave to appeal is granted, until the appeal is disposed of;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed without costs.
I have two reasons for refusing a stay.
First, I note that Justice Roberts of the Ontario Court of Appeal previously refused to grant a motion seeking the same relief now sought by the Attorney General of Ontario in this Court.
In Esmail v. Petro-Canada, [1997] 2 S.C.R. 3, Sopinka J. observed that “[i]t is only in special circumstances that successive applications to a judge of the court appealed from and a judge of this Court should be permitted”: p. 4. Having reviewed the record and the reasons of Roberts J.A., I see no special circumstances here that would warrant a re-examination by me of her decision.
Second, and in any event, the Crown has not made out a tenable case for irreparable harm.
The respondent’s track record over the past 17 years has been exemplary, and it provides cogent evidence that there is little, if any, chance of him committing a sexual offence prior to the determination of the leave application, and if leave is granted, the disposition of the appeal. That being so, I see no apparent reason why he should be deprived of his s. 15(1) right under the Canadian Charter of Rights and Freedoms in the interim. In particular, I adopt the words of Doherty J.A. at para. 155 of his reasons in which he states: “. . . as I read this record, it is difficult to envision a constitutionally-compliant legislative scheme that would not result in [the respondent] being removed from the registries and exempted from the requirement of any further compliance with them”: 2019 ONCA 264.
Accordingly, the motion for a stay is dismissed without costs.
Dismissed, without costs
2019-06-14 Submission of motion for a stay of execution, Mo
2019-06-12 Certificate (on limitations to public access), (Letter Form), Form 23B - reply to motion to stay Attorney General of Ontario
2019-06-11 Reply to motion for a stay of execution, (Letter Form),
MISSING: Form 23B (received 2019-06-12), Completed on: 2019-06-12
Attorney General of Ontario
2019-06-10 Certificate (on limitations to public access), (Letter Form), Form 23B - response to motion to stay G
2019-06-10 Certificate (on limitations to public access), (Letter Form), Form 23A - response to motion to stay G
2019-06-07 Response to the motion for a stay of execution, (Book Form), MISSING:
1) Proof of service (received 2019-06-10)
2) Form 23A and 23B (both received 2019-06-10)
, Completed on: 2019-06-12
G
2019-06-03 Letter acknowledging receipt of a complete application for leave to appeal
2019-06-03 Certificate (on limitations to public access), (Letter Form), 23B-Motion Attorney General of Ontario
2019-06-03 Certificate (on limitations to public access), (Letter Form), 23A-Motion Attorney General of Ontario
2019-06-03 Motion for a stay of execution, (Book Form), Completed on: 2019-06-03 Attorney General of Ontario
2019-06-03 Certificate (on limitations to public access), (Letter Form), 23B-Application Attorney General of Ontario
2019-06-03 Certificate (on limitations to public access), (Letter Form), 23A-Application Attorney General of Ontario
2019-06-03 Application for leave to appeal, (Book Form), FINAL CA ORDER MISSING-rec'd 2019/06/17, Completed on: 2019-06-17 Attorney General of Ontario
2019-04-23 Letter acknowledging receipt of a notice of application for leave to appeal
2019-04-10 Certificate (on limitations to public access), (Letter Form), 23B Attorney General of Ontario
2019-04-10 Certificate (on limitations to public access), (Letter Form), 23A Attorney General of Ontario
2019-04-10 Notice of application for leave to appeal, (Letter Form), Completed on: 2019-04-10 Attorney General of Ontario