Docket
39360
Eugene Ndhlovu 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) |
|---|---|---|
| 2022-11-17 | Appeal closed | |
| 2022-10-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-10-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-10-28 | 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 (Edmonton), Number 1803-0111-A, 2020 ABCA 307, dated September 3, 2020, heard on February 8, 2022, is allowed. The judgment of the Court of Appeal is set aside. Sections 490.012 and 490.013(2.1) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under s. 1. Sections 490.012 and 490.013(2.1) are declared of no force or effect. The declaration in respect of s. 490.012 is suspended for one year and applies prospectively. The appellant is exempted from the suspension of the declaration. The declaration in respect of s. 490.013(2.1) is immediate and applies retroactively. Wagner C.J. and Moldaver, Côté and Brown JJ. dissent in part Allowed |
|
| 2022-03-11 | Transcript received, 157 Pages required: paper copies (rec'd 2022-03-25 / reçu 2022-03-25) |
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| 2022-02-08 | General proceeding, Case Sensitivity Questionnaire | His Majesty the King |
| 2022-02-08 | General proceeding, Case Sensitivity Questionnaire | Eugene Ndhlovu |
| 2022-02-08 | Judgment reserved OR rendered with reasons to follow | |
| 2022-02-08 | Hearing of the appeal, 2022-02-08, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2022-02-03 | Certificate (on limitations to public access), 23B - Condensed Book | Eugene Ndhlovu |
| 2022-02-03 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-02-07) | Eugene Ndhlovu |
| 2022-02-03 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2022-02-02 | Correspondence (sent by the Court) to, Zoom information and registration links sent to parties | |
| 2022-01-20 | Notice of appearance, 2022-01-07 Eugene Ndhlovu (Appellant) Elvis Iginla will appear before the Court and will present oral argument. 2022-01-11 Her Majesty the Queen (Respondent) Jason R. Russell will appear before the Court and will present oral argument. 2022-01-11 Attorney General of BC Lesley A. Ruzicka, Q.C. will appear before the Court and will present oral argument. 2022-01-11 Procureur général du QC Me Sylvain Leboeuf and Me Julie Dassylva will appear before the Court. Me Leboeuf will present oral argument. 2022-01-11 Attorney General of Ontario Michael S. Dunn will appear before the Court and will present oral argument. 2022-01-12 Canadian Civil Liberties Association Christine Mainville and Carly Peddle will appear before the Court. Mainville will present oral argument. 2022-01-12 HIV & AIDS Legal Clinic Ontario and HIV Legal Network Matthew R. Gourlay, Ryan Peck and Robin Nobleman will appear before the Court. Gourlay will present oral argument. 2022-01-14 Mobile Legal Clinic Donald Tremblay will appear before the Court and will present oral argument. 2022-01-17 Association québécoise des avocats et avocates de la défense (AQAAD) Me Stéphanie Pelletier-Quirion will appear before the Court and will present oral argument. 2022-01-18 Criminal Lawyers' Association (Ontario) Mark Halfyard will appear before the Court and will present oral argument. 2022-01-19 Attorney General of Canada Jeffrey Johnston will appear before the Court and will present oral argument. 2022-01-14 Attorney General of Nova Scotia Counsel will not be appearing at the hearing |
Eugene Ndhlovu |
| 2022-01-14 | Correspondence (sent by the Court) to, Letter of directions relating to upcoming hearing | |
| 2021-12-06 | Intervener's book of authorities, (Book Form), Completed on: 2022-01-27, (Electronic version due on 2021-12-13) | Mobile Legal Clinic |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-25) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-11-23 | Intervener's factum, (Book Form), require : proof of service (rec'd 2021-12-06), Completed on: 2022-01-27, (Printed version due on 2021-11-30) | Mobile Legal Clinic |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-25) | Canadian Civil Liberties Association |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-23) | Criminal Lawyers' Association (Ontario) |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-24) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-11-19 | Notice of change of counsel, (Book Form), (Printed version filed on 2021-12-01) | Mobile Legal Clinic |
| 2021-11-10 | Order on motion to extend time, by the Acting Registrar (sent electronically to parties) | |
| 2021-11-10 | Decision on motion to extend time, DeRg, UPON APPLICATION by the respondent, Her Majesty the Queen, for an order extending the time to serve and file their factum to October 14, 2021 and, for an order granting oral argument at the hearing of the appeal, pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
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| 2021-11-10 | Submission of motion to extend time, DeRg | |
| 2021-11-08 | Notice of hearing sent to parties, (sent electronically) | |
| 2021-11-08 | Appeal hearing scheduled, 2022-02-08 Judgment reserved |
|
| 2021-11-03 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-03) | Attorney General of Canada |
| 2021-11-02 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-02) | Attorney General of British Columbia |
| 2021-11-02 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-02) | Attorney General of Nova Scotia |
| 2021-11-01 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-02) | Attorney General of Quebec |
| 2021-10-29 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Electronic version filed on 2021-11-04) | Attorney General of Ontario |
| 2021-10-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-10-14 | Motion to extend time, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-10-14) | His Majesty the King |
| 2021-10-14 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-10-21) | His Majesty the King |
| 2021-10-14 | Respondent's factum, (Book Form), require: motion for extension of time (rec'd 2021-10-14), Completed on: 2021-10-27, (Printed version filed on 2021-10-14) | His Majesty the King |
| 2021-10-12 | Order on motion to extend time, by KARAKATSANIS J. | |
| 2021-10-12 | Decision on motion to extend time, See order on the motions leave to intervene ., Ka Granted |
|
| 2021-10-12 | Submission of motion to extend time, Ka | |
| 2021-10-12 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2021-10-12 | Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario); the Canadian Civil Liberties Association; the HIV & AIDS Legal Clinic Ontario and the HIV Legal Network (jointly); the Mobile Legal Clinic; and the Association québécoise des avocats et avocates de la défense (AQAAD) for leave to intervene in the above appeal; AND UPON APPLICATION by the Association québécoise des avocats et avocates de la défense (AQAAD) for an order extending the time to serve and file their motion for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time filed by the Association québécoise des avocats et avocates de la défense (AQAAD) is granted. The motions for leave to intervene are granted and the said five (5) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before November 23, 2021. The said five (5) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The said 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, and may not address s. 12 of the Canadian Charter of Rights and Freedoms in their submissions. 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 Nova Scotia and the Attorney General of British Columbia are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2021-10-12 | Submission of motion for leave to intervene, Ka | |
| 2021-10-01 | Notice of name, (Letter Form), (Printed version due on 2021-10-08) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-09-29 | Response to motion to extend time, (Letter Form), Missing: Proof of Service (rec' 10/04/21), Completed on: 2021-10-04, (Printed version due on 2021-10-07) | Eugene Ndhlovu |
| 2021-09-23 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-27, (Printed version due on 2021-10-01) | His Majesty the King |
| 2021-09-23 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-01) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-09-15 | Response to the motion for leave to intervene, (Letter Form), Missing: Proof of Service for CJI, Incomplete, (Printed version filed on 2021-09-16) | His Majesty the King |
| 2021-09-09 | Motion for leave to intervene, (Book Form), Missing: Notice of Name-Form 14 (rec' 09/30/21), Filing Fee (rec' 09/16/21), Motion for Extension of Time (rec' 09/23/21), Completed on: 2021-10-04, (Printed version filed on 2021-09-20) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-09-08 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-09-10) | Mobile Legal Clinic |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-10) | Mobile Legal Clinic |
| 2021-09-08 | Motion for leave to intervene, (Letter Form), Missing: Filing Fee (rec' 09/16/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-10) | Mobile Legal Clinic |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-13) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-09-08 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/16/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-13) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-13) | Canadian Civil Liberties Association |
| 2021-09-08 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/16/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-13) | Canadian Civil Liberties Association |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-21) | Criminal Lawyers' Association (Ontario) |
| 2021-09-08 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/20/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-21) | Criminal Lawyers' Association (Ontario) |
| 2021-08-11 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-08-11 | Certificate (on limitations to public access), (Letter Form), 23B - Factum, Record, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-08-11 | Appellant's record, (Book Form), (3 volumes), Completed on: 2021-08-11, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-08-11 | Appellant's factum, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), require: proof of service upon appellant (rec'd 2021-08-11), Completed on: 2021-08-11, (Printed version due on 2021-07-21) | Attorney General of Canada |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), Completed on: 2021-08-11, (Printed version due on 2021-07-21) | Attorney General of Quebec |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), require: proof of service upon AGO, Incomplete, (Printed version due on 2021-07-21) | Attorney General of British Columbia |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), require: proof of service upon AGO, Incomplete, (Printed version due on 2021-07-21) | Attorney General of Nova Scotia |
| 2021-07-09 | Notice of intervention respecting a constitutional question, (Book Form), Completed on: 2021-08-11, (Printed version due on 2021-07-16) | Attorney General of Ontario |
| 2021-06-16 | Certificate (on limitations to public access), (Letter Form), Form 23B - Notice, (Printed version due on 2021-06-23) | Eugene Ndhlovu |
| 2021-06-16 | Notice of constitutional question(s), (Letter Form), Completed on: 2021-07-07, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-06-16 | Notice of appeal, (Letter Form), Submitted with the notice: - CA order - CA reasons, Completed on: 2021-07-07, (Printed version filed on 2021-08-11) |
Eugene Ndhlovu |
| 2021-05-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-05-20 | Judgment on leave sent to the parties | |
| 2021-05-20 | 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 (Edmonton), Number 1803-0111-A, 2020 ABCA 307, dated September 3, 2020, is granted. Granted |
|
| 2021-04-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-04 | Certificate (on limitations to public access), Form 23B - Reply | Eugene Ndhlovu |
| 2021-02-04 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-04-16, (Printed version due on 2021-02-11) | Eugene Ndhlovu |
| 2021-02-01 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2021-02-01 | Certificate (on limitations to public access), Form 23A - Require: correction needed (rec'd 2021-04-16) | His Majesty the King |
| 2021-02-01 | Respondent's response on the application for leave to appeal, (Letter Form), Require : - Proof of service (rec'd 2021-04-16), - discrepancies on Form 23A (rec'd 2021-04-16), Completed on: 2021-04-16, (Printed version due on 2021-02-08) |
His Majesty the King |
| 2021-01-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2021-01-08 | Certificate (on limitations to public access), (Letter Form), 23B-Application, (Printed version due on 2021-01-15) | Eugene Ndhlovu |
| 2021-01-08 | Certificate (on limitations to public access), (Letter Form), 23A-Application, (Printed version due on 2021-01-15) | Eugene Ndhlovu |
| 2021-01-08 | Application for leave to appeal, (Book Form), Completed on: 2021-01-08, (Printed version filed on 2021-01-08) | Eugene Ndhlovu |
| 2020-11-13 | Order on motion to quash, by THE COURT | |
| 2020-11-13 | Decision on the motion to quash the appeal, UPON APPLICATION by the respondent for an order quashing the notice of appeal filed on October 1, 2020, from the judgment of the Court of Appeal of Alberta, Number 1803-0111-A, 2020 ABCA 307, dated September 3, 2020; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to quash is granted. Eugene Ndhlovu shall be entitled to serve and file an application for leave to appeal pursuant to s. 40 of the Supreme Court Act, R.S.C. 1985, c. S-26, within sixty (60) days of the date of this order Granted |
|
| 2020-11-13 | Submission of motion to quash | |
| 2020-10-29 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-10-29, (Printed version due on 2020-11-05) | Attorney General of Quebec |
| 2020-10-26 | Certificate (on limitations to public access), (Letter Form), 23B-Response to Motion | Eugene Ndhlovu |
| 2020-10-26 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-10-26, (Printed version due on 2020-11-02) | Attorney General of Ontario |
| 2020-10-23 | Letter acknowledging receipt of a notice of appeal | |
| 2020-10-23 | Response to the motion to quash, (Letter Form), 23B missing-rec'd 2020/10/26, Completed on: 2020-10-26 | Eugene Ndhlovu |
| 2020-10-16 | Certificate (on limitations to public access), (Letter Form), 23B | His Majesty the King |
| 2020-10-16 | Certificate (on limitations to public access), 23A-Amended 23A rec'd 2020/10/30 | His Majesty the King |
| 2020-10-16 | Motion to quash, (Book Form), Completed on: 2020-10-16 | His Majesty the King |
| 2020-10-01 | Certificate (on limitations to public access), (Letter Form), 23B | Eugene Ndhlovu |
| 2020-10-01 | Certificate (on limitations to public access), (Letter Form), 23A | Eugene Ndhlovu |
| 2020-10-01 | Notice of constitutional question(s), (Letter Form), Completed on: 2020-10-01 | Eugene Ndhlovu |
| 2020-10-01 | Notice of appeal, Completed on: 2020-10-01 | Eugene Ndhlovu |
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