Docket
39438
His Majesty the King v. Ocean William Storm Hilbach, et al.
(Alberta) (Criminal) (By Leave)
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 (Edmonton), Numbers 1803-0214-A and 1903-0115-A, 2020 ABCA 332, dated September 18, 2020, heard on March 22, 2022, is allowed. The mandatory minimum sentences set out in s. 344(1)(a)(i) and in the former s. 344(1)(a.1) of the Criminal Code, R.S.C. 1985, c. C-46, are constitutional. The Court of Appeal’s judgments on this ground are set aside. The execution of the post-appeal portion of Mr. Hilbach’s sentence is stayed. Karakatsanis and Jamal JJ. dissent. Allowed |
|
| 2022-04-22 | Correspondence received from, (Letter Form), Counsel Bullerwell is leaving defence practice; his involvement as amicus curiae concluded with oral argument on March 22, but if anything should arise that requires input from amicus, Co-counsel Clackson remains available to assist the Court., (Printed version due on 2022-04-29) | Curtis Zwozdesky |
| 2022-04-06 | Transcript received, 204 pages paper copies rec'd: 2022-04-21 |
|
| 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 |
|
| 2022-03-18 | Supplemental document, Supplement authorities: • SUP01 - R v Cooper, [1993] 1 SCR 146 • SUP02 - R v CG, 2007 CanLII 44352 (Ont SCJ) , Completed on: 2022-03-21 |
Curtis Zwozdesky |
| 2022-03-18 | Respondent's condensed book, (Book Form) | Curtis Zwozdesky |
| 2022-03-18 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-03-18) | His Majesty the King |
| 2022-03-17 | Respondent's condensed book, (Book Form) | Ocean William Storm Hilbach |
| 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, (Letter Form), Grace Hession David will appear before the Court and will present oral argument received: 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 |
| 2022-02-15 | Notice of appearance, Dane F. Bullerwell and Katherine Clackson will appear before the Court. Dane F. Bullerwell will present oral argument |
Curtis Zwozdesky |
| 2022-02-15 | Notice of appearance, Andrew Barg will appear before the Court and will present oral argument |
His Majesty the King |
| 2022-02-15 | Notice of appearance, Emily MacKinnon and Stephen Armstrong will appear before the Court. Emily MacKinnon will present oral argument |
British Columbia Civil Liberties Association |
| 2022-02-11 | Notice of appearance, Paul Moreau will appear before the Court and will present oral argument |
Ocean William Storm Hilbach |
| 2022-02-11 | Notice of appearance, Michael Perlin and Erica Whitford will appear before the Court. Michael Perlin will present oral argument |
Attorney General of Ontario |
| 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 | |
| 2022-01-19 | Order on miscellaneous motion, by THE COURT | |
| 2022-01-19 | Decision on miscellaneous motion, UPON APPLICATION by the appellant to proceed with the appeal, notwithstanding the death of the respondent, Mr. Zwozdesky, pursuant to s. 76 of the Supreme Court Act; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The hearing of the appeal will proceed as scheduled on March 22, 2022. Dane F. Bullerwell and Katherine E. Clackson are appointed as amici curiae pursuant to Rule 92 of the Rules of the Supreme Court of Canada, to make submissions in response to the appellant’s position, and the constitutional questions specific to Mr. Zwozdesky’s matter. Granted |
|
| 2022-01-19 | Submission of miscellaneous motion | |
| 2022-01-11 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-01-11, (Printed version due on 2022-01-18) | Curtis Zwozdesky |
| 2021-12-21 | Response to miscellaneous motion, (Letter Form), Completed on: 2021-12-22, (Printed version due on 2021-12-30) | Ocean William Storm Hilbach |
| 2021-12-21 | Notice of miscellaneous motion, (Book Form), Motion to the Court to proceed with the appeal. Missing: Filing Fee (rec' 01/06/22), Completed on: 2022-01-10, (Printed version filed on 2021-12-21) |
His Majesty the King |
| 2021-11-17 | Correspondence received from, Andrew Barg, Re: intent to proceed with appeal | His Majesty the King |
| 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) | |
| 2021-10-05 | Correspondence received from, Mr. Bullerwell, Re: respondent has passed away | Curtis Zwozdesky |
| 2021-09-01 | Intervener's factum, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-09-01) | Canadian Civil Liberties Association |
| 2021-09-01 | Intervener's factum, (Book Form), Completed on: 2021-09-15, (Printed version filed on 2021-09-01) | British Columbia Civil Liberties Association |
| 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 |
| 2021-08-25 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-25) | Attorney General of Saskatchewan |
| 2021-08-24 | Intervener's book of authorities, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-25) | Attorney General of Ontario |
| 2021-08-24 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-08-25) | Attorney General of Ontario |
| 2021-08-12 | Intervener's factum - AG on constitutional question, (Book Form), Joint with 39338., Completed on: 2021-08-25, (Printed version filed on 2021-08-12) | Director of Public Prosecutions |
| 2021-08-04 | Order on motion to extend time, by KASIRER J. | |
| 2021-08-04 | Decision on motion to extend time, See decision on the motion for leave to intervene., Kas Granted |
|
| 2021-08-04 | Submission of motion to extend time, Kas | |
| 2021-08-04 | Order on motion for leave to intervene, by KASIRER J. | |
| 2021-08-04 | Decision on the motion for leave to intervene, Kas, UPON APPLICATION by the British Columbia Civil Liberties Association for leave to intervene in the above appeal, and for an order extending the time to serve and file their motion for leave to intervene to July 26, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for leave to intervene is granted and the said one (1) intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before September 1, 2021. The said one (1) intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 the respondents any additional disbursements resulting from their intervention. Granted |
|
| 2021-08-04 | Submission of motion for leave to intervene, Kas | |
| 2021-07-29 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-07-29) | Curtis Zwozdesky |
| 2021-07-29 | Respondent's record, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-07-29) | Curtis Zwozdesky |
| 2021-07-29 | Respondent's book of authorities, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-07-29) | Curtis Zwozdesky |
| 2021-07-29 | Respondent's factum, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-07-29) | Curtis Zwozdesky |
| 2021-07-29 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-07-29) | Ocean William Storm Hilbach |
| 2021-07-29 | Respondent's record, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-07-29) | Ocean William Storm Hilbach |
| 2021-07-29 | Respondent's book of authorities, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-07-29) | Ocean William Storm Hilbach |
| 2021-07-29 | Respondent's factum, (Book Form), Completed on: 2021-08-25, (Printed version filed on 2021-07-29) | Ocean William Storm Hilbach |
| 2021-07-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-07-28, (Printed version due on 2021-08-04) | Ocean William Storm Hilbach |
| 2021-07-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-07-28, (Printed version due on 2021-08-04) | His Majesty the King |
| 2021-07-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-07-28, (Printed version due on 2021-08-04) | Curtis Zwozdesky |
| 2021-07-26 | Notice of name, (Letter Form), (Printed version filed on 2021-08-06) | British Columbia Civil Liberties Association |
| 2021-07-26 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-08-06) | British Columbia Civil Liberties Association |
| 2021-07-26 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-08-06) | British Columbia Civil Liberties Association |
| 2021-07-21 | Order on motion for leave to intervene, by BROWN J. | |
| 2021-07-21 | Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Canadian Civil Liberties Association and the Canadian Bar Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said two (2) 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 September 1, 2021. The said two (2) 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. AND IT IS HEREBY FURTHER ORDERED THAT: The Director of Public Prosecutions, the Attorney General of Ontario 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 |
|
| 2021-07-21 | Submission of motion for leave to intervene, Br | |
| 2021-07-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-07-08, (Printed version due on 2021-07-14) | His Majesty the King |
| 2021-07-06 | Response to the motion for leave to intervene, (Letter Form), Missing: Proof of Service for the AGO., Incomplete, (Printed version due on 2021-07-13) | Curtis Zwozdesky |
| 2021-07-05 | Response to the motion for leave to intervene, (Letter Form), Missing: Proof of Service for the AGO and the CCLA., Incomplete, (Printed version due on 2021-07-12) | Ocean William Storm Hilbach |
| 2021-07-02 | Notice of name, (Letter Form), (Printed version filed on 2021-08-30) | Canadian Bar Association |
| 2021-07-02 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-08-30) | Canadian Bar Association |
| 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 | 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 (rec' 07/09/21), Completed on: 2021-07-09, (Printed version due on 2021-07-09) | Canadian Civil Liberties Association |
| 2021-06-03 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2021-06-10) | His Majesty the King |
| 2021-06-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-06-10) | His Majesty the King |
| 2021-06-03 | Appellant's book of authorities, (Book Form), Completed on: 2021-06-17, (Printed version filed on 2021-06-03) | His Majesty the King |
| 2021-06-03 | Appellant's record, (Book Form), Completed on: 2021-06-17, (Printed version filed on 2021-06-03) | His Majesty the King |
| 2021-06-03 | Appellant's factum, (Book Form), Completed on: 2021-06-17, (Printed version filed on 2021-06-03) | His Majesty the King |
| 2021-05-06 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-05-12, (Printed version due on 2021-05-13) | Attorney General of Saskatchewan |
| 2021-05-05 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-05-12, (Printed version filed on 2021-05-13) | Attorney General of Ontario |
| 2021-04-22 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-05-03, (Printed version filed on 2021-05-25) | Director of Public Prosecutions |
| 2021-04-08 | Notice of constitutional question(s), (Letter Form), Proof of service to the Attorneys General, pursuant to Rule 33(3) of the Rules of the Supreme Court of Canada, provided., Completed on: 2021-05-03, (Printed version filed on 2021-04-12) | His Majesty the King |
| 2021-04-08 | Notice of appeal, (Letter Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-12) | His Majesty the King |
| 2021-03-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-03-12 | Judgment on leave sent to the parties | |
| 2021-03-11 | Judgment of the Court on the application for leave to appeal, The motion to join two Court of Appeal of Alberta files in a single application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 1803-0214-A and 1903-0115-A, 2020 ABCA 332, dated September 18, 2020, is granted. Granted |
|
| 2021-03-11 | Decision on the miscellaneous motion, See decision on application Granted |
|
| 2021-02-19 | Correspondence received from, (Letter Form), recent legislative proposal might be relevant to this application for leave to appeal (Bill C-22), (Printed version due on 2021-02-26) | Curtis Zwozdesky |
| 2021-02-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-08 | Submission of miscellaneous motion, for consideration by the Court | |
| 2021-02-01 | Applicant's reply to respondent's argument, (Letter Form), Reply to Curtis Zwozdesky, Completed on: 2021-02-03, (Printed version filed on 2021-02-01) | His Majesty the King |
| 2021-01-21 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-01-28) | Curtis Zwozdesky |
| 2021-01-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-02-03, (Printed version filed on 2021-01-21) | Curtis Zwozdesky |
| 2021-01-13 | Applicant's reply to respondent's argument, (Letter Form), Reply to Ocean William Storm Hilbach, Completed on: 2021-02-03, (Printed version filed on 2021-01-13) | His Majesty the King |
| 2020-12-22 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2020-12-31) | Ocean William Storm Hilbach |
| 2020-12-22 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-01-21, (Printed version filed on 2020-12-24) | Ocean William Storm Hilbach |
| 2020-12-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 12/10/20 | |
| 2020-11-17 | Certificate (on limitations to public access), (Letter Form) | His Majesty the King |
| 2020-11-17 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Join, Completed on: 2020-11-17, (Printed version filed on 2020-11-17) | His Majesty the King |
| 2020-11-17 | Application for leave to appeal, (Book Form), Completed on: 2020-11-17, (Printed version filed on 2020-11-17) | His Majesty the King |
- Date modified: