Docket
39338
Jesse Dallas Hills v. His Majesty The King
(Alberta) (Criminal) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-01-27 | Appeal closed | |
| 2023-01-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-01-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-01-27 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Numbers 1801-0376-A and 1901-0064-A, 2020 ABCA 263, dated July 10, 2020, heard on March 22, 2022, is allowed. The judgment of the Court of Appeal is set aside. Section 244.2(3)(b) of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. The mandatory minimum set out in s. 244.2(3)(b) is immediately declared of no force or effect. The declaration applies retroactively. The three-and-a-half-year sentence imposed on the appellant by the sentencing judge is reinstated. Côté J. dissents. Allowed |
|
| 2022-04-06 | Transcript received, 204 pages paper copies rec'd: 2022-04-21 |
|
| 2022-03-23 | General proceeding, Case Sensitivity Questionnaire | Jesse Dallas Hills |
| 2022-03-22 | General proceeding, Case Sensitivity Questionnaire | His Majesty The King |
| 2022-03-22 | Judgment reserved OR rendered with reasons to follow | |
| 2022-03-22 | Hearing of the appeal, 2022-03-22, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2022-03-21 | Certificate (on limitations to public access), 23B - Condensed book |
Jesse Dallas Hills |
| 2022-03-21 | Certificate (on limitations to public access), 23B - Condensed book |
His Majesty The King |
| 2022-03-18 | Appellant's condensed book, (Book Form) | Jesse Dallas Hills |
| 2022-03-18 | Respondent's condensed book, (Book Form) | His Majesty The King |
| 2022-03-17 | Intervener's condensed book, (Book Form), (Printed version filed on 2022-03-17) | Attorney General of Saskatchewan |
| 2022-03-17 | Intervener's condensed book, (Book Form), (Printed version filed on 2022-03-18) | Attorney General of Ontario |
| 2022-03-09 | Correspondence (sent by the Court) to, Correspondence relating to upcoming hearing | |
| 2022-02-22 | Notice of appearance, Not appearing. Will rely upon written submissions | Attorney General of Nova Scotia |
| 2022-02-22 | Notice of appearance, (Letter Form), Grace Hession David will appear before the Court and will present oral argument received: amended notice of appearance (rec'd 2022-02-25) received: re-amended notice of appearance (rec'd 2022-03-21) , (Printed version due on 2022-03-01) |
Attorney General of Saskatchewan |
| 2022-02-16 | Notice of appearance, Eric V. Gottardi, QC and Chantelle van Wiltenburg will appear before the Court. Eric V. Gottardi, QC will present oral argument |
Canadian Bar Association |
| 2022-02-16 | Certificate (on limitations to public access), (Letter Form), 23B - Application, Reply, Notice of Appeal, Notice of Constitutional Question 23A accompanying application initially confirmed no case sensitivity. Amended 23A/23B filed once appeal had been granted. 23B accompanying Application, Reply, Notice of Appeal, and Notice of Constitutional Question filed 2022-02-16. , (Printed version due on 2022-02-23) |
Jesse Dallas Hills |
| 2022-02-16 | Certificate (on limitations to public access), (Letter Form), 23B - Response 23A accompanying response initially confirmed no case sensitivity. Amended 23A/23B filed once appeal had been granted. 23B accompanying response filed 2022-02-16., (Printed version due on 2022-02-23) |
His Majesty The King |
| 2022-02-15 | Notice of appearance, Janani Shanmuganathan and Laura Metcalfe will appear before the Court. Janani Shanmuganathan will present oral argument. | Criminal Lawyers' Association (Ontario) |
| 2022-02-15 | Notice of appearance, Heather Ferg and W.E. Brett Code, Q.C will appear before the Court and will present oral argument. |
Jesse Dallas Hills |
| 2022-02-15 | Notice of appearance, Emily MacKinnon and Amanda G. Manasterski will appear before the Court. Emily MacKinnon will present oral argument. |
British Columbia Civil Liberties Association |
| 2022-02-11 | Notice of appearance, Andreea Baiasu and Gregory Furmaniuk will appear before the Court. Andreea Baiasu will present oral argument | Attorney General of Ontario |
| 2022-02-10 | Notice of appearance, Robert A. Fata will appear before the Court and will present oral argument |
His Majesty The King |
| 2022-02-10 | Notice of appearance, Janna Hyman will appear before the Court and will present oral argument. | Director of Public Prosecutions |
| 2022-02-10 | Notice of appearance, Nader R. Hasan and Ryann Atkins will appear before the Court. Nader R. Hassan will present oral argument. |
Canadian Civil Liberties Association |
| 2022-02-09 | Correspondence (sent by the Court) to, Letter of direction relating to March hearing | |
| 2021-11-08 | Notice of hearing sent to parties, (sent electronically on 2021-11-09) | |
| 2021-11-08 | Appeal hearing scheduled, 2022-03-22 Judgment reserved |
|
| 2021-10-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-09-22 | Order on motion to extend time, by DAVID POWER | |
| 2021-09-22 | Decision on motion to extend time, DeRg, UPON APPLICATION by the appellant for an order extending the time to serve and file their factum, record and book of authorities to May 14, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2021-09-22 | Submission of motion to extend time, DeRg | |
| 2021-09-17 | Notice of change of counsel, (Letter Form), W.E. Brett Code, Q.C. of the law firm Tingle Merrett LLP added as co-counsel of record for the Appellant , (Printed version due on 2021-09-24) | Jesse Dallas Hills |
| 2021-09-15 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-10-14) | Jesse Dallas Hills |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-16, (Printed version due on 2021-09-22) | His Majesty The King |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-15, (Printed version due on 2021-09-22) | British Columbia Civil Liberties Association |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-15, (Printed version due on 2021-09-22) | Director of Public Prosecutions |
| 2021-09-15 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-09-22) | Jesse Dallas Hills |
| 2021-08-30 | Intervener's factum, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-08-30) | British Columbia Civil Liberties Association |
| 2021-08-30 | Intervener's factum, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-08-30) | Criminal Lawyers' Association (Ontario) |
| 2021-08-30 | Intervener's book of authorities, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-08-31) | Canadian Bar Association |
| 2021-08-30 | Intervener's factum, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-08-31) | Canadian Bar Association |
| 2021-08-30 | Intervener's factum, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-08-31) | Canadian Civil Liberties Association |
| 2021-08-13 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-13) | Attorney General of Nova Scotia |
| 2021-08-12 | Intervener's factum - AG on constitutional question, (Book Form), Joint with 39438., Completed on: 2021-08-25, (Printed version filed on 2021-08-12) | Director of Public Prosecutions |
| 2021-08-06 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-06) | Attorney General of Saskatchewan |
| 2021-08-05 | Intervener's book of authorities, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-10) | Attorney General of Ontario |
| 2021-08-05 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-10) | Attorney General of Ontario |
| 2021-07-19 | Order on motion to extend time, by MOLDAVER J. | |
| 2021-07-19 | Order on motion for leave to intervene, by MOLDAVER J. | |
| 2021-07-19 | Decision on motion to extend time, See judgment on motions for leave to intervene., Mo Granted |
|
| 2021-07-19 | Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the British Columbia Civil Liberties Association; the Criminal Lawyers’ Association (Ontario); the Canadian Bar Association; and the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Canadian Bar Association; and the Canadian Civil Liberties Association for an order extending the time to serve and file their motions for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for an extension of time filed by the Canadian Bar Association and the Canadian Civil Liberties Association are granted. The motions for leave to intervene are granted and the said four (4) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before August 30, 2021. 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 the respondent any additional disbursements resulting from their interventions. AND IT IS HEREBY FURTHER ORDERED THAT: The Director of Public Prosecutions, the Attorney General of Ontario, the Attorney General of Nova Scotia and the Attorney General of Saskatchewan are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2021-07-19 | Submission of motion to extend time, Mo | |
| 2021-07-19 | Submission of motion for leave to intervene, Mo | |
| 2021-07-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Electronic version filed on 2021-07-08) | His Majesty The King |
| 2021-07-07 | Certificate (on limitations to public access), (Letter Form), 23A require: amended 23A (rec'd 2022-02-10), (Electronic version filed on 2021-07-08) |
His Majesty The King |
| 2021-07-07 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2021-07-08) | His Majesty The King |
| 2021-07-07 | Respondent's record, (Book Form), Completed on: 2021-08-24, (Printed version filed on 2021-07-09) | His Majesty The King |
| 2021-07-07 | Respondent's book of authorities, (Book Form), Completed on: 2021-08-24, (Electronic version filed on 2021-07-09) | His Majesty The King |
| 2021-07-07 | Respondent's factum, (Book Form), required: amended 23A (rec'd 2022-02-10), Completed on: 2021-08-24, (Electronic version filed on 2021-07-09) | His Majesty The King |
| 2021-07-02 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-07-09) | Canadian Civil Liberties Association |
| 2021-07-02 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-07-09) | Canadian Civil Liberties Association |
| 2021-07-02 | Notice of name, (Letter Form), (Printed version due on 2021-07-09) | Canadian Civil Liberties Association |
| 2021-07-02 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-07-09) | Canadian Civil Liberties Association |
| 2021-06-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-06-25, (Printed version due on 2021-06-28) | Director of Public Prosecutions |
| 2021-06-17 | Notice of name, (Letter Form), (Printed version due on 2021-06-24) | Canadian Bar Association |
| 2021-06-17 | Motion to extend time, (Included in the motion for leave to intervene), Missing: Proof of Service Filing Fee (rec' 06/29/21), Incomplete, (Printed version filed on 2021-08-30) |
Canadian Bar Association |
| 2021-06-17 | Motion for leave to intervene, (Book Form), Missing: Filing Fee Proof of Service (rec' 06/21/21), Incomplete, (Printed version filed on 2021-08-30) |
Canadian Bar Association |
| 2021-06-11 | Notice of name, (Letter Form), (Printed version filed on 2021-06-11) | Criminal Lawyers' Association (Ontario) |
| 2021-06-11 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-15, (Printed version filed on 2021-06-11) | Criminal Lawyers' Association (Ontario) |
| 2021-06-11 | Notice of name | British Columbia Civil Liberties Association |
| 2021-06-11 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-06-29) | British Columbia Civil Liberties Association |
| 2021-05-14 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B require: -proof of service upon interveners on constitutional question (rec'd 15/19/21) - Amended 23B (rec'd 2021-09-15), (Printed version filed on 2021-10-14) |
Jesse Dallas Hills |
| 2021-05-14 | Certificate (on limitations to public access), (Letter Form), 23A require: -proof of service upon interveners on constitutional question (rec'd 2021-09-15) - Amended 23A (rec'd 2021-09-15) -Re-amended 23A (rec'd 2022-02-10), (Printed version filed on 2021-10-14) |
Jesse Dallas Hills |
| 2021-05-14 | Appellant's book of authorities, (Book Form), require: -motion for extension of time (rec' 2021-09-15) -proof of service upon interveners on constitutional question (rec'd 2021-09-15) - Amended 23A/23B (rec'd 2021-09-15), Completed on: 2021-10-12, (Printed version filed on 2021-10-14) |
Jesse Dallas Hills |
| 2021-05-14 | Appellant's record, (Book Form), require: -motion for extension of time (rec' 2021-09-15) -proof of service upon interveners on constitutional question (rec'd 2021-09-15) - Amended 23A/23B (rec'd 2021-09-15) -24A (rec'd 2021-09-15), Completed on: 2021-10-12, (Printed version filed on 2021-10-14) |
Jesse Dallas Hills |
| 2021-05-14 | Appellant's factum, (Book Form), require: -proof of service upon interveners on constitutional question (rec'd 2021-09-15) -Amended 23A/23B (rec'd 2021-09-15) -Re-amended 23A (rec'd 2022-02-10) received: -amended appellant's factum (rec'd 2021-05-17) -motion for extension of time (rec' 2021-09-15) -clarification that factum is suitable for posting (rec'd 2021-09-15), Completed on: 2021-10-12, (Printed version filed on 2021-10-14) |
Jesse Dallas Hills |
| 2021-04-27 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-04-15, (Printed version due on 2021-05-04) | Attorney General of Saskatchewan |
| 2021-04-27 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-04-28, (Printed version due on 2021-05-04) | Attorney General of Nova Scotia |
| 2021-04-22 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-05-18, (Printed version due on 2021-04-29) | Director of Public Prosecutions |
| 2021-04-15 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-28) | Attorney General of Ontario |
| 2021-03-30 | Notice of constitutional question(s), Completed on: 2021-05-11 | Jesse Dallas Hills |
| 2021-03-16 | Notice of appeal, Completed on: 2021-05-03 | Jesse Dallas Hills |
| 2021-02-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-19 | Judgment on leave sent to the parties | |
| 2021-02-18 | 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 (Calgary), Numbers 1801-0376-A and 1901-0064-A, 2020 ABCA 263, dated July 10, 2020, is granted. Granted |
|
| 2021-01-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-10 | Applicant's reply to respondent's argument, (Letter Form), Applicant will not be submitting a reply., Completed on: 2020-11-10 | Jesse Dallas Hills |
| 2020-11-04 | Certificate (on limitations to public access), (Letter Form), 23A - Response 23A accompanying response initially confirmed no case sensitivity. Amended 23A/23B filed once appeal had been granted. 23B accompanying response filed 2022-02-16 (see docket). |
His Majesty The King |
| 2020-11-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-11-04, (Printed version filed on 2020-11-05) | His Majesty The King |
| 2020-10-07 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 10/07/20 | |
| 2020-09-29 | Certificate (on limitations to public access), (Letter Form), 23A - Application 23A accompanying application initially confirmed no case sensitivity. Amended 23A/23B filed once appeal had been granted. 23B accompanying Application, Reply, Notice of Appeal, and Notice of Constitutional Question filed 2022-02-16. |
Jesse Dallas Hills |
| 2020-09-29 | Application for leave to appeal, (Book Form), Missing: TC Order (rec' 10/07/20), Completed on: 2020-10-16 | Jesse Dallas Hills |
- Date modified: