Docket

39516

A.S. v. Her Majesty The Queen, et al.

(Ontario) (Criminal) (By Leave)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2022-07-20 Appeal closed
2022-06-30 Formal judgment sent to the registrar of the court of appeal and all parties
2022-06-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2022-06-30 Order on motion to appoint counsel, THE COURT
2022-06-30 Decision on motion to appoint counsel, See judgment on appeal.
Dismissed, no order as to costs
2022-06-30 Submission of motion to appoint counsel
2022-06-30 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the decision of the Ontario Superior Court of Justice, Number CR-19-40000056-0000, 2020 ONSC 7156, dated November 23, 2020, heard on October 5 and 6, 2021, is allowed with costs to A.S. in this Court. Sections 278.92 to 278.94 of the Criminal Code, R.S.C. 1985, c. C-46, are constitutional in their entirety. The decision of the Ontario Superior Court of Justice is quashed. Côté, Brown and Rowe JJ. dissent in part. The motion by A.S. to appoint counsel pursuant to s. 694.1 of the Criminal Code is dismissed.
Allowed, with costs
2022-02-25 Supplemental document, (Letter Form), Judgment "Laframboise v. Her Majesty the Queen", Completed on: 2022-03-17, (Printed version filed on 2022-02-28) Attorney General of Quebec
2022-02-25 Correspondence received from, (Letter Form), Correspondence filed in 39133/39516 to accompany the Judgment "Laframboise v. Her Majesty the Queen" which can be brought to the attention of the Court. , (Printed version filed on 2022-02-28) Attorney General of Quebec
2021-10-28 Transcript received, 39133 & 39516
Day 1 - 178 pages
Day 2 - 112 pages
2021-10-15 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-10-22) Shane Reddick
2021-10-08 Reply to motion to appoint counsel, (Letter Form), Completed on: 2021-10-08 A.S.
2021-10-06 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-10-14) A.S.
2021-10-06 General proceeding, Case Sensitivity Questionnaire Her Majesty The Queen
2021-10-06 Judgment reserved OR rendered with reasons to follow
2021-10-06 Hearing of the appeal, 2021-10-05, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2021-10-06 Response to motion to appoint counsel, (Letter Form), Completed on: 2021-10-06 Her Majesty The Queen
2021-10-04 Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book, (Printed version due on 2021-10-12) Her Majesty The Queen
2021-10-04 Certificate (on limitations to public access), (Letter Form), 23B - Condensed book Shane Reddick
2021-10-04 Certificate (on limitations to public access), (Letter Form), 23B - Condensed book A.S.
2021-10-01 Appellant's condensed book, (Book Form), (Printed version filed on 2021-10-04) A.S.
2021-10-01 Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre
2021-10-01 Respondent's condensed book, (Book Form), (Printed version filed on 2021-10-01) Shane Reddick
2021-10-01 Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) Attorney General of Quebec
2021-10-01 Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) Attorney General of Nova Scotia
2021-10-01 Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) Attorney General of Alberta
2021-09-29 Motion to appoint counsel, (Book Form), Missing: Filing Fee
Proof of Service (rec' 10/04/21), Incomplete, (Printed version due on 2021-10-07)		 A.S.
2021-09-29 Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) Criminal Defence Lawyers Association of Manitoba
2021-09-29 Respondent's condensed book, (Book Form), received: additional authority that will be referenced during oral argument (Her Majesty the Queen v. Mahmood et al.(2011 ONCA 693) (rec;d 2021-10-04), (Printed version filed on 2021-09-29) Her Majesty The Queen
2021-09-22 Intervener's condensed book, (Book Form), intervener's condensed book file din 39133 & 39516, (Printed version due on 2021-09-29) Attorney General of Saskatchewan
2021-09-15 Respondent's book of authorities, (Book Form), Completed on: 2021-09-27, (Printed version due on 2021-09-22) Her Majesty The Queen
2021-09-15 Reply factum on appeal, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-22) Her Majesty The Queen
2021-09-09 Intervener's factum, (Book Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-15) Criminal Defence Lawyers Association of Manitoba
2021-09-09 Intervener's factum, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30
, Completed on: 2021-09-13, (Printed version filed on 2021-09-09)		 Barbra Schlifer Commemorative Clinic
2021-09-09 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-13) Attorney General of Canada
2021-09-09 Intervener's factum, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30
, Completed on: 2021-09-13, (Printed version filed on 2021-09-10)		 West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre
2021-09-09 Intervener's book of authorities, (Book Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-10) Women's Legal Education and Action Fund Inc.
2021-09-09 Intervener's factum, (Book Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-10) Women's Legal Education and Action Fund Inc.
2021-09-09 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-09) Attorney General of Nova Scotia
2021-09-09 Intervener's book of authorities, (Book Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-09) Attorney General of Saskatchewan
2021-09-09 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-09) Attorney General of Saskatchewan
2021-09-09 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-09) Attorney General of Manitoba
2021-09-08 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-10) Attorney General of Quebec
2021-09-08 Intervener's book of authorities, (Book Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-09) Attorney General of Alberta
2021-09-08 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-09) Attorney General of Alberta
2021-09-08 Intervener's book of authorities, (Book Form), Completed on: 2021-09-13, (Printed version filed on 2021-09-08) Attorney General of British Columbia
2021-09-08 Intervener's factum - AG on constitutional question, (Book Form), Intervener's Addendum to their existing factum in file 39133 pursuant to the order of J. Côté of 2021-07-30, Completed on: 2021-09-13, (Printed version filed on 2021-09-08) Attorney General of British Columbia
2021-09-07 Intervener's book of authorities, (Book Form), Completed on: 2021-09-10, (Printed version filed on 2021-09-07) Criminal Lawyers' Association (Ontario)
2021-09-07 Intervener's factum, (Book Form), Completed on: 2021-09-10, (Printed version filed on 2021-09-07) Criminal Lawyers' Association (Ontario)
2021-08-25 Notice of appearance, (Letter Form), 2021-09-03 - A.S.
Dawne Way, David Butt, and David M. Reeve will appear. Dawne Way and David Butt will present oral argument

2021-08-26 - Her Majesty the Queen
Jill Witkin and Jennifer Trehearne will appear. Jill Witkin will present oral argument

2021-09-07 – Shane Reddick
Carlos Rippell & Marianne Salih will appear; Carlos Rippell will present oral argument.

2021-08-27 - AGC
Marc Ribeiro and Lauren Whyte will appear. Marc Ribeiro will present oral argument.

2021-08-26 - PGQ
Abdou Thiaw will appear and present oral argument.

2021-08-30 - AGNS
Erica Koresawa will appear and present oral argument.

2021-08-30 - AGM
Jennifer Mann and Charles Murray will appear. Jennifer Mann will present oral argument.

8/26/2021 - AGBC
Lara Vizsolyi will appear and will present oral argument.

2021-08-26 - AGS
Sharon H. Pratchler, Q.C. will appear and will present oral argument.

2021-08-26 - AGA
Deborah J. Alford will appear and will present oral argument.

2021-09-07 - Women’s Legal Education and Action Fund Inc.
Kelley Bryan and Karen A. Steward will appear. Kelley Bryan will present oral argument.

2021-08-31 - West Coast Legal Education and Action Fund Association and Women Against Violence Against Women Rape Crisis Centre
Gloria Ng and Kate Feeney will appear. Gloria Ng will present oral argument.

2021-08-26 - Barbra Schlifer Commemorative Clinic
Joanna Birenbaum will appear and will present oral argument.

2021-08-31 - Criminal Lawyers' Association (Ontario)
Gerald Chan, Daniel Brown and Lindsay Board will appear. Gerald Chan will present oral argument.

2021-09-01 - Criminal Defence Lawyers Association of Manitoba
Saul B. Simmonds, Q.C. and Jessie S. Brar will appear. Saul B. Simmonds, Q.C. will present oral argument., (Printed version due on 2021-09-01)		 A.S.
2021-08-19 Certificate (on limitations to public access), 23B - Factum, Record Her Majesty The Queen
2021-08-19 Certificate of counsel (attesting to record) Her Majesty The Queen
2021-08-18 Certificate (on limitations to public access), 23B - Factum Shane Reddick
2021-08-13 Respondent's book of authorities, (Book Form), Completed on: 2021-09-07, (Printed version due on 2021-08-20) Her Majesty The Queen
2021-08-13 Respondent's record, (Book Form), Require:
23B (rec'd 2021-08-19)
24B (rec'd 2021-08-19)
Proof of service (rec'd 2021-08-19)
, Completed on: 2021-09-07		 Her Majesty The Queen
2021-08-13 Respondent's factum, (Book Form), Require:
-23B (rec'd 2021-08-19)
-Proof of service (rec'd 2021-08-19), Completed on: 2021-09-07, (Printed version filed on 2021-08-19)		 Her Majesty The Queen
2021-08-13 Respondent's factum, (Book Form), require: 23B (rec'd 2021-08-18), Completed on: 2021-09-07, (Printed version filed on 2021-08-13) Shane Reddick
2021-07-30 Order on motion for leave to intervene, by Justice Côté
2021-07-30 Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario), the Barbra Schlifer Commemorative Clinic, the Women’s Legal Education and Action Fund Inc., the Criminal Defence Lawyers Association of Manitoba, and the West Coast Legal Education and Action Fund and the Women Against Violence Against Women Rape Crisis Centre (jointly) 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.

The Criminal Lawyers’ Association (Ontario), the Barbra Schlifer Commemorative Clinic, and the West Coast Legal Education and Action Fund and the Women Against Violence Against Women Rape Crisis Centre (jointly) shall be entitled to each serve and file an addendum, not to exceed five (5) pages in length, to their existing factum in file 39133 (R. v. J.J.), on or before September 9, 2021.

The Women’s Legal Education and Action Fund Inc. and the Criminal Defence Lawyers Association of Manitoba shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before September 9, 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 Attorney General of Canada, the Attorney General of Quebec, the Attorney General of Nova Scotia, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Saskatchewan and the Attorney Genera of Alberta are permitted to each serve and file an addendum, not exceeding ten (10) pages, to their existing factum in file 39133 (R. v. J.J.), on or before September 9, 2021.

The said seven (7) Attorneys General are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

The appellant and respondents 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 September 16, 2021.

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 respondents any additional disbursements resulting from their interventions.

Granted
2021-07-30 Submission of motion for leave to intervene, (5 motions), Côt
2021-07-27 Response to the motion for leave to intervene, (Letter Form), will not file a response, Completed on: 2021-07-28 Shane Reddick
2021-07-27 Response to the motion for leave to intervene, (Letter Form), will not file a response, Completed on: 2021-07-28 A.S.
2021-07-16 Notice of name West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre
2021-07-16 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-07-21) West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre
2021-07-15 Notice of name Criminal Defence Lawyers Association of Manitoba
2021-07-15 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd July 30, 2021), Completed on: 2021-08-04, (Printed version filed on 2021-07-19) Criminal Defence Lawyers Association of Manitoba
2021-07-15 Notice of name Women's Legal Education and Action Fund Inc.
2021-07-15 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-07-21) Women's Legal Education and Action Fund Inc.
2021-07-15 Notice of name Barbra Schlifer Commemorative Clinic
2021-07-15 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-07-16) Barbra Schlifer Commemorative Clinic
2021-07-15 Notice of name Criminal Lawyers' Association (Ontario)
2021-07-15 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-20, (Printed version filed on 2021-07-23) Criminal Lawyers' Association (Ontario)
2021-07-08 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-07-15) A.S.
2021-06-28 Appeal hearing scheduled, 2021-10-06, Day 2 (For webcasting only)
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing scheduled, 2021-10-05, Scheduled for October 5, 2021 and October 6, 2021.
Judgment reserved
2021-06-18 Certificate (on limitations to public access), (Letter Form), 23B-Factum, Record, Authorities

require: service (rec'd 2021-06-30), (Printed version due on 2021-06-25)		 A.S.
2021-06-18 Appellant's book of authorities, (Book Form), require:
-printed copies (rec'd 2021-07-19)
-service (rec'd 2021-06-30), Completed on: 2021-08-17, (Printed version filed on 2021-07-19)		 A.S.
2021-06-18 Appellant's record, (Book Form), Amended printed copy rec'd 2021-08-16
require:
-24A (rec'd 2021-07-08)
-printed copies (rec'd 2021-07-19)
-service (rec'd 2021-06-30), Completed on: 2021-08-17, (Printed version filed on 2021-07-19)		 A.S.
2021-06-18 Appellant's factum, (Book Form), Amended printed copy rec'd 2021-08-16

require:
-proof of service (rec'd 2021-06-30)
-printed copies (rec'd 2021-07-19), Completed on: 2021-08-17, (Printed version filed on 2021-07-19)		 A.S.
2021-05-26 Notice of change of counsel, (Letter Form), The respondent, Her Majesty the Queen, will no longer be using an agent service.

Going forward, all documents relating to the matter will need to be served on counsel via EserviceCLOC@ontario.ca, (Printed version due on 2021-06-02)		 Her Majesty The Queen
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-06-23, (Printed version due on 2021-05-31) Attorney General of Canada
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-06-23, (Printed version due on 2021-05-31) Attorney General of Saskatchewan
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-06-23, (Printed version due on 2021-05-31) Attorney General of Nova Scotia
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-06-23, (Printed version due on 2021-05-31) Attorney General of Manitoba
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-06-23, (Printed version due on 2021-05-31) Attorney General of British Columbia
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-06-23, (Printed version due on 2021-05-31) Attorney General of Alberta
2021-05-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2021-05-25, (Printed version due on 2021-05-31) Attorney General of Quebec
2021-05-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2021-04-23 Certificate (on limitations to public access), (Letter Form),
Form 23B, (Printed version due on 2021-04-30)		 A.S.
2021-04-23 Certificate (on limitations to public access), (Letter Form),
Form 23A, (Printed version due on 2021-04-30)		 A.S.
2021-04-23 Notice of constitutional question(s), (Letter Form), MISSING: proof of service on all attorneys general (rec'd 2021-07-08), Completed on: 2021-08-17, (Printed version due on 2021-04-30) A.S.
2021-04-23 Notice of appeal, (Letter Form), Completed on: 2021-05-03, (Printed version due on 2021-04-30) A.S.
2021-03-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-03-26 Judgment on leave sent to the parties
2021-03-25 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number CR-19-40000056-0000, 2020 ONSC 7156, dated November 23, 2020, is granted.

The appeal will be heard with Her Majesty the Queen v. J.J. (39133).

Granted
2021-03-25 Decision on motion to extend time, See decision on application
Granted
2021-03-08 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-03-08 Submission of motion to extend time, for consideration by the Court
2021-02-26 Response to motion to extend time, (Letter Form), Applicant consents to the Motion, Completed on: 2021-02-26 A.S.
2021-02-25 Motion to extend time, (Book Form), missing: filing fee (rec'd 2021-03-09), Completed on: 2021-03-10 Shane Reddick
2021-02-23 Correspondence received from, (Letter Form), Respondent Her Majesty the Queen opposes a new issue raised by the Respondent Reddick, (Printed version due on 2021-03-02) Her Majesty The Queen
2021-02-22 Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version due on 2021-03-01) A.S.
2021-02-22 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-02-25, (Printed version due on 2021-03-01) A.S.
2021-02-16 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-02-23) Shane Reddick
2021-02-16 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-02-23) Shane Reddick
2021-02-16 Respondent's response on the application for leave to appeal, (Book Form), require: motion to extend time (rec'd 2021-02-25), Completed on: 2021-02-25, (Printed version filed on 2021-02-17) Shane Reddick
2021-01-19 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-01-26) Her Majesty The Queen
2021-01-19 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-01-26) Her Majesty The Queen
2021-01-19 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-20) Her Majesty The Queen
2021-01-15 Order on motion to add or substitute parties, by Justice Martin
2021-01-15 Decision on motion to add or substitute parties, UPON APPLICATION by the applicant for an order granting permission to be added as a party under Rule 18 of the Supreme Court of Canada Rules;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted and A.S. will be named as applicant in the style of cause.

The respondents will each be entitled to serve and file a response to the application for leave to appeal within thirty (30) days of the date of this order.

, Mar
Granted
2021-01-15 Submission of motion to add or substitute parties, Mar
2021-01-06 General proceeding, A FILE NUMBER HAS BEEN ASSIGNED AT THIS TIME FOR THE SOLE PURPOSE OF PREPARING AN ORDER RELATING TO THE MOTION FILED BY THE APPLICANT, A.S.

THE APPLICATION WAS ACCEPTED FOR FILING ON JANUARY 15, 2021 AND THE ORDER ON THE MOTION OUTLINES THE RESPONSE DEADLINE.		 A.S.
2021-01-06 Response to motion to add or substitute parties, (Letter Form), Completed on: 2021-01-06 Her Majesty The Queen
2021-01-05 Certificate (on limitations to public access), (Letter Form), 23B-Motion
Proof of service missing-rec'd 2021/01/07		 A.S.
2021-01-04 Motion to add or substitute parties, (Book Form), MISSING: Proof of service, 23B-rec'd 2021/01/05, Completed on: 2021-01-05 A.S.
2020-12-21 Certificate (on limitations to public access), (Letter Form), 23B A.S.
2020-12-21 Certificate (on limitations to public access), (Letter Form), 23A A.S.
2020-12-21 Application for leave to appeal, (Book Form), Proof of service missing-rec'd 2021/01/08; Motion to be added/substitute required-rec'd 2021/01/05, Completed on: 2021-01-08, (Printed version due on 2020-12-30) A.S.