Docket

38734

Her Majesty the Queen v. Richard Lee Desautel

(British Columbia) (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)
2020-03-24 Certificate of counsel (attesting to record), (Letter Form) Richard Lee Desautel
2020-03-24 Respondent's record, (Book Form), (2 volumes), Completed on: 2020-03-24 Richard Lee Desautel
2020-03-24 Respondent's book of authorities, (Book Form), Completed on: 2020-03-24 Richard Lee Desautel
2020-03-24 Respondent's factum, (Book Form), Completed on: 2020-03-24 Richard Lee Desautel
2020-03-11 Notice of hearing sent to parties
2020-03-09 Order on motion to extend time, by CÔTÉ J.
2020-03-09 Decision on motion to extend time,
See order on motions for leave to intervene., Côt
Granted
2020-03-09 Submission of motion to extend time, Côt
2020-03-09 Order on motion for leave to intervene, by CÔTÉ J.
2020-03-09 Decision on the motion for leave to intervene, Côt,
UPON APPLICATIONS by the Peskotomuhkati Nation; the Indigenous Bar Association in Canada; the Whitecap Dakota First Nation; the Grand Council of the Crees (Eeyou Istchee) and the Cree Nation Government (jointly); the Okanagan Nation Alliance; the Mohawk Council of Kahnawà:ke; the Assembly of First Nations; the Métis National Council and the Manitoba Metis Federation Inc. (jointly); the Nuchatlaht First Nation; the Congress of Aboriginal Peoples; and the Lummi Nation for leave to intervene in the above appeal;

AND UPON APPLICATION by the Lummi Nation for an order extending the time to serve and file its motion for leave to intervene to February 21, 2020;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time to serve and file a motion for leave to intervene is granted.

The motions for leave to intervene are granted and the said eleven (11) interveners or groups of interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length. The deadline set by the Registrar on January 24, 2020, is varied and the interveners or groups of interveners shall serve and file their factums and books of authorities, if any, on or before April 20, 2020.

The said eleven (11) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The appellants and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before April 27, 2020.

The interveners or groups of 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 or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of New Brunswick, the Attorney General for Saskatchewan, the Attorney General of Alberta and the Attorney General of the Yukon Territory are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2020-03-09 Submission of motion for leave to intervene, Côt
2020-03-06 Appeal hearing adjourned, ADJOURNED (Previously scheduled on May 12, 2020)
(previous tentative hearing date was April 23, 2020)

The schedule for serving and filing the material is set as follows:

a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before January 29, 2020.

b) 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 February 19, 2020.

c) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before February 26, 2020.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 2, 2020.

e) 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 April 9, 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 April 9, 2020.

g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 25, 2020.
2020-03-02 Reply to the motion for leave to intervene, (Letter Form),
MISSING: proof of service, Incomplete
Grand Council of the Crees (Eeyou Istchee) and Cree Nation Government
2020-03-02 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-03-02 Nuchatlaht First Nation
2020-02-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-27 Richard Lee Desautel
2020-02-26 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2020-02-26 Her Majesty the Queen
2020-02-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-02-26 Her Majesty the Queen
2020-02-21 Notice of name, (Letter Form) Lummi Nation
2020-02-21 Motion to extend time, (Letter Form), (Included in the motion for leave to intervene), Completed on: 2020-02-21 Lummi Nation
2020-02-21 Motion for leave to intervene, (Letter Form), Completed on: 2020-02-21 Lummi Nation
2020-02-20 Correspondence received from, (Letter Form), Christopher Rupar.
Christopher Rupar will appear as counsel in place of Anne Turley. Dayna Anderson will also be counsel for the intervener, Attorney General of Canada.
Attorney General of Canada
2020-02-19 Notice of name, (Letter Form) Congress of Aboriginal Peoples
2020-02-19 Motion for leave to intervene, (Book Form), Completed on: 2020-02-19 Congress of Aboriginal Peoples
2020-02-19 Certificate (on limitations to public access), (Letter Form), Form 23A Nuchatlaht First Nation
2020-02-19 Notice of name, (Letter Form), AMENDED version received on 2020-02-21 Nuchatlaht First Nation
2020-02-19 Motion for leave to intervene, (Book Form), Completed on: 2020-02-19 Nuchatlaht First Nation
2020-02-19 Certificate (on limitations to public access), (Letter Form), Form 23A Métis National Council and Manitoba Metis Federation Inc.
2020-02-19 Notice of name, (Letter Form) Métis National Council and Manitoba Metis Federation Inc.
2020-02-19 Other book of authorities, (Book Form), in support of motion for leave to intervene., Completed on: 2020-02-19 Métis National Council and Manitoba Metis Federation Inc.
2020-02-19 Motion for leave to intervene, (Book Form), Completed on: 2020-02-19 Métis National Council and Manitoba Metis Federation Inc.
2020-02-19 Notice of name, (Letter Form) Assembly of First Nations
2020-02-19 Motion for leave to intervene, (Letter Form), Completed on: 2020-02-19 Assembly of First Nations
2020-02-19 Certificate (on limitations to public access), (Letter Form), Form 23A Mohawk Council of Kahnawà:ke
2020-02-19 Notice of name, (Letter Form) Mohawk Council of Kahnawà:ke
2020-02-19 Motion for leave to intervene, (Book Form),
MISSING:
- proof of service on intervener, Attorney General of Yukon Territory (received 2020-02-20)
- email addresses of main cousel (received 2020-02-20), Completed on: 2020-02-21
Mohawk Council of Kahnawà:ke
2020-02-19 Notice of name, (Letter Form) Okanagan Nation Alliance
2020-02-19 Motion for leave to intervene, (Book Form), Completed on: 2020-02-19 Okanagan Nation Alliance
2020-02-19 Notice of name, (Letter Form), MISSING: proof of service Grand Council of the Crees (Eeyou Istchee) and Cree Nation Government
2020-02-19 Motion for leave to intervene, (Book Form),
MISSING: proof of service (received 2020-02-20), Completed on: 2020-02-20
Grand Council of the Crees (Eeyou Istchee) and Cree Nation Government
2020-02-19 Notice of name, (Letter Form) Whitecap Dakota First Nation
2020-02-19 Motion for leave to intervene, (Book Form), Completed on: 2020-02-19 Whitecap Dakota First Nation
2020-02-19 Notice of name, (Letter Form) Indigenous Bar Association in Canada
2020-02-19 Motion for leave to intervene, (Book Form), Completed on: 2020-02-19 Indigenous Bar Association in Canada
2020-02-19 Notice of name, (Letter Form) Peskotomuhkati Nation
2020-02-18 Motion for leave to intervene, (Book Form), Completed on: 2020-02-18 Peskotomuhkati Nation
2020-02-18 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for May 12, 2020 (previous tentative hearing date was April 23, 2020).
2020-02-07 Correspondence received from, (Letter Form), agent for the appellant, with regards to the tentative hearing date of April 23, 2020. Her Majesty the Queen
2020-02-07 Correspondence received from, (Letter Form), agent for the respondent, with regards to the tentative hearing date of April 23, 2020. Richard Lee Desautel
2020-01-29 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2020-01-29 Appellant's book of authorities, (Book Form), Completed on: 2020-01-29 Her Majesty the Queen
2020-01-29 Appellant's factum, (Book Form), Completed on: 2020-01-29 Her Majesty the Queen
2020-01-29 Appellant's record, (Book Form), (3 volumes), Completed on: 2020-01-29 Her Majesty the Queen
2020-01-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General of Alberta
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General of New Brunswick
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General for Saskatchewan
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General of the Yukon Territory
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General of Quebec
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General of Canada
2019-12-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2019-12-20 Attorney General of Ontario
2019-11-22 Notice of constitutional question(s), (Letter Form), All attorney generals served by email on November 22, 2019., Completed on: 2019-11-22 Her Majesty the Queen
2019-11-22 Notice of appeal, (Letter Form), Completed on: 2019-11-22 Her Majesty the Queen
2019-10-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-10-25 Judgment on leave sent to the parties
2019-10-24 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 British Columbia (Vancouver), Number CA45055, 2019 BCCA 151, dated May 2, 2019, is granted.

The schedule for serving and filing materials will be set by the Registrar.
Granted
2019-09-16 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-09-13 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-09-13 Her Majesty the Queen
2019-09-03 Certificate (on limitations to public access), (Letter Form), 23A Richard Lee Desautel
2019-09-03 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-09-03 Richard Lee Desautel
2019-08-15 Correspondence received from, (Letter Form), CA Order Form - October 1, 2019
Her Majesty the Queen
2019-08-01 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED AUGUST 1, 2019
2019-07-30 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-07-30 Notice of name, (Letter Form) Her Majesty the Queen
2019-07-30 Application for leave to appeal, (Book Form), Missing CA final order, Completed on: 2019-10-02 Her Majesty the Queen