Docket
39997
Jennifer Basque v. His Majesty The King
(New Brunswick) (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) |
|---|---|---|
| 2023-08-10 | Appeal closed | |
| 2023-06-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-06-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-06-30 | Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal of New Brunswick, Number 59-20-CA, 2021 NBCA 50, dated November 10, 2021, heard on November 8, 2022, is allowed and the judgment of the Court of Appeal is set aside. The judgment of the summary conviction appeal court is restored, and the sentence imposed by the Provincial Court is reinstated in part. By the time she was sentenced by the Provincial Court, the appellant had already served, on a pre-sentence basis, the minimum driving prohibition set out in the former s. 259(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46, such that no further driving prohibition is needed. Thus, the sentence should not have been backdated. * Brown J. did not participate in the final disposition of the judgment. Allowed |
|
| 2022-11-17 | Transcript received, 73 pages | |
| 2022-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2022-11-08 | Hearing of the appeal, 2022-11-08, CJ Ka Côt Br Row Mar Kas Ja Ob Judgment reserved |
|
| 2022-11-04 | Respondent's condensed book, (Book Form), (Printed version filed on 2022-11-04) | His Majesty The King |
| 2022-11-02 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-11-04) | Jennifer Basque |
| 2022-10-14 | Notice of appearance, Robert K. McKee will appear before the Court and will present oral argument. | Jennifer Basque |
| 2022-10-13 | Notice of appearance, Elisa Frank will appear before the Court and will present oral argument. | Attorney General of Alberta |
| 2022-10-12 | Notice of appearance, Patrick McGuinty and Pierre Gionet will appear before the Court. Patrick McGuinty will present oral argument. |
His Majesty The King |
| 2022-10-11 | Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing | |
| 2022-08-18 | Intervener's factum, (Book Form), Completed on: 2022-08-19, (Printed version filed on 2022-08-22) | Attorney General of Alberta |
| 2022-07-26 | Correspondence received from, (Letter Form), Respondent's Amended Factum, (Printed version filed on 2022-07-26) | His Majesty The King |
| 2022-07-18 | Respondent's book of authorities, (Book Form), Completed on: 2022-07-19, (Printed version filed on 2022-07-18) | His Majesty The King |
| 2022-07-18 | Respondent's factum, (Book Form), received: amended factum (rec'd 2022-07-26), Completed on: 2022-07-19, (Printed version filed on 2022-07-18) | His Majesty The King |
| 2022-07-07 | Order on motion for leave to intervene, by Justice Brown (sent to parties by email) | |
| 2022-07-07 | Order on motion to extend time, (joint with order on intervention) | |
| 2022-07-07 | Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Attorney General of Alberta for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; 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 intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before August 18, 2022. The said intervener is granted permission to present oral arguments 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 respondent any additional disbursements resulting from their intervention. Granted |
|
| 2022-07-07 | Decision on motion to extend time, Br, see order above Granted |
|
| 2022-07-07 | Submission of motion for leave to intervene, Br | |
| 2022-07-07 | Submission of motion to extend time, Br | |
| 2022-06-28 | Notice of hearing sent to parties | |
| 2022-06-28 | Appeal hearing scheduled, 2022-11-08 Judgment reserved |
|
| 2022-06-27 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2022-06-29 | His Majesty The King |
| 2022-06-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-06-29 | His Majesty The King |
| 2022-06-24 | Motion to extend time, (Included in the motion for leave to intervene), Completed on: 2022-06-29, (Printed version filed on 2022-06-27) | Attorney General of Alberta |
| 2022-06-24 | Motion for leave to intervene, (Letter Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-06-27) |
Attorney General of Alberta |
| 2022-06-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email) | |
| 2022-05-26 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-05-27) | Jennifer Basque |
| 2022-05-26 | Appellant's record, (Book Form), (4 volumes), require: clarification re: part III (rec'd 2022-06-28) Appellant's Record made up of four volumes: -Volume 01: contains Part I of the Appellant's Record -Volume 02: contains Part II of the Appellant's Record -Volume 03: contains Part IV of the Appellant's Record -Volume 04: contains Part V of the Appellant's Record, Completed on: 2022-06-29, (Printed version filed on 2022-05-27) |
Jennifer Basque |
| 2022-05-26 | Appellant's factum, (Book Form), Completed on: 2022-06-13, (Printed version filed on 2022-05-27) | Jennifer Basque |
| 2022-04-01 | Notice of appeal, (Letter Form), Completed on: 2022-05-11, (Printed version filed on 2022-04-07) | Jennifer Basque |
| 2022-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-10 | Judgment on leave sent to the parties | |
| 2022-03-10 | 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 New Brunswick, Number 59-20-CA, 2021 NBCA 50, dated November 10, 2021, is granted. Granted |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-12 | Certificate (on limitations to public access) | His Majesty The King |
| 2022-01-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-01-19, (Printed version filed on 2022-01-12) | His Majesty The King |
| 2021-12-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-30 | |
| 2021-12-21 | Certificate (on limitations to public access), Clarification require - Amended 23A rec'd 2021-12-27 , (Printed version filed on 2021-12-30) | Jennifer Basque |
| 2021-12-21 | Application for leave to appeal, (Book Form), Require: - Signed Copy of the Court of Appeal Reasons for Judgment rec'd 2022-01-10 - Court of Appeal Order rec'd 2022-01-10 - Electronic copy of the complete application rec'd 2021-12-27 - Copy of the Trial Court Reasons for Judgment and Order rec'd 2021-12-27 - Clarification on form 23A rec'd 2021-12-27, Completed on: 2022-01-19, (Printed version filed on 2021-12-30) |
Jennifer Basque |
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