Docket

40045

His Majesty The King v. Randy William Downes

(British Columbia) (Criminal) (As of Right)

(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)
2023-03-13 Appeal closed
2023-03-10 Formal judgment sent to the registrar of the court of appeal and all parties
2023-03-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-03-10 Judgment on the appeal rendered, Ka Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46716, 2022 BCCA 8, dated January 11, 2022, heard on October 13, 2022, is allowed. The judgment of the Court of Appeal is set aside and the respondent’s convictions are restored.

____________________
* Brown J. did not participate in the final disposition of the judgment.

Allowed
2022-11-04 Transcript received, 67 pages
2022-10-17 General proceeding, (Letter Form), Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information Randy William Downes
2022-10-13 General proceeding, (Letter Form), Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information Attorney General of Ontario
2022-10-13 General proceeding, (Letter Form), Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information Attorney General of Alberta
2022-10-13 General proceeding, (Letter Form), Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information His Majesty The King
2022-10-13 General proceeding, (Letter Form), Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-10-13 Judgment reserved OR rendered with reasons to follow
2022-10-13 Hearing of the appeal, 2022-10-13, Ka Br Row Mar Kas Ja Ob
Judgment reserved
2022-10-12 Certificate (on limitations to public access), (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-10-12 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-10-19) Randy William Downes
2022-10-11 Intervener's condensed book, (Book Form), Certificate 23B Missing, (Printed version filed on 2022-10-11) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-10-11 Respondent's condensed book, (Book Form), Certificate 23B Missing, (Printed version filed on 2022-10-11) Randy William Downes
2022-10-11 Certificate (on limitations to public access), (Letter Form), Certificate 23B, (Printed version due on 2022-10-18) His Majesty The King
2022-10-11 Appellant's condensed book, (Book Form), (Printed version filed on 2022-10-11) His Majesty The King
2022-09-26 Notice of appearance, (Letter Form), Donald J. Sorochan, K.C. and Faisal Al-Alamy will appear before the Court. Donald J. Sorochan, K.C. will present oral argument.

require: amended notice of appearance (rec'd 2022-09-27), (Printed version due on 2022-10-04)
Randy William Downes
2022-09-23 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2022-09-23 Notice of appearance, (Letter Form), Jane Bailey and David Fewer will appear before the Court. Jane Bailey will present oral arguments. , (Printed version due on 2022-10-03) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-09-16 Notice of appearance, (Letter Form), Matthew Asma and Lisa Henderson will appear before the Court. Matthew Asma will present oral arguments. , (Printed version due on 2022-09-23) Attorney General of Ontario
2022-09-15 Notice of appearance, (Letter Form), Micah Rankin and Rome Carot will appear before the Court. Micah Rankin will present oral arguments.
, (Printed version due on 2022-09-22)
His Majesty The King
2022-09-14 Notice of appearance, (Letter Form), Danielle E. Green will appear before the Court and present oral argument. , (Printed version due on 2022-09-21) Attorney General of Alberta
2022-07-27 Intervener's factum, (Book Form), Completed on: 2022-07-28, (Printed version filed on 2022-07-27) Attorney General of Alberta
2022-07-25 Intervener's book of authorities, (Book Form), Completed on: 2022-07-26, (Printed version filed on 2022-07-28) Attorney General of Ontario
2022-07-25 Intervener's factum, (Book Form), Completed on: 2022-07-26, (Printed version filed on 2022-07-28) Attorney General of Ontario
2022-07-08 Intervener's book of authorities, (Book Form), Completed on: 2022-07-12, (Printed version due on 2022-07-15) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-07-08 Intervener's factum, (Book Form), Completed on: 2022-07-12, (Printed version due on 2022-07-15) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-06-28 Notice of hearing sent to parties
2022-06-28 Appeal hearing scheduled, 2022-10-13
Judgment reserved
2022-06-16 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-06-23) His Majesty The King
2022-06-16 Reply factum on appeal, (Book Form), Completed on: 2022-06-16, (Printed version filed on 2022-06-16) His Majesty The King
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email)
2022-06-02 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2022-06-10) Randy William Downes
2022-06-02 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-06-10) Randy William Downes
2022-06-02 Respondent's record, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-10) Randy William Downes
2022-06-02 Respondent's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-10) Randy William Downes
2022-05-27 Order on motion for leave to intervene, by BROWN J.
2022-05-27 Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for leave to intervene is granted. The said intervener shall 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 July 8, 2022.

The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The request by the respondent to serve and file a single factum in reply to the intervention is dismissed.

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 its intervention.

Granted
2022-05-27 Submission of motion for leave to intervene, Br
2022-05-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-05-16 His Majesty The King
2022-05-13 Response to the motion for leave to intervene, (Letter Form), (CIPPIC), Completed on: 2022-05-16 Randy William Downes
2022-05-02 Notice of name Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-05-02 Motion for leave to intervene, (Book Form), Completed on: 2022-05-10, (Printed version filed on 2022-05-06) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2022-04-25 Correspondence received from, (Letter Form), Counsel with carriage of this intervention are Lisa Henderson, Matthew Asma, They are not using an Ottawa agent in this matter. , (Printed version due on 2022-05-02) Attorney General of Ontario
2022-04-25 Order on motion to quash, Signed by the Chief Justice (sent to all parties by email)
2022-04-25 Decision on the motion to quash the appeal, UPON APPLICATION by the appellant for an order to quash the notice of constitutional question filed by the respondent;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion to quash is dismissed.

Dismissed
2022-04-25 Submission of motion to quash
2022-04-11 Reply to the motion to quash, (Letter Form) His Majesty The King
2022-04-08 Notice of intervention respecting a constitutional question, Completed on: 2022-04-11 Attorney General of Alberta
2022-04-07 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2022-04-14) His Majesty The King
2022-04-07 Certificate (on limitations to public access), (Letter Form), 23B - Factum, Record, (Printed version due on 2022-04-14) His Majesty The King
2022-04-07 Appellant's record, (Book Form), (4 volumes), Completed on: 2022-04-21, (Printed version filed on 2022-04-07) His Majesty The King
2022-04-07 Appellant's factum, (Book Form), Completed on: 2022-04-21, (Printed version filed on 2022-04-07) His Majesty The King
2022-04-07 Notice of intervention respecting a constitutional question, Completed on: 2022-04-08 Attorney General of Ontario
2022-04-04 Response to the motion to quash, (Book Form), Completed on: 2022-04-04, (Printed version filed on 2022-04-04) Randy William Downes
2022-03-25 Certificate (on limitations to public access) His Majesty The King
2022-03-24 Motion to quash, (Book Form), the Respondont's Notice of Constitutional Question
MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-03-24)
His Majesty The King
2022-03-11 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-03-11) Randy William Downes
2022-03-11 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-03-11) Randy William Downes
2022-03-11 Notice of constitutional question(s), (Letter Form), Completed on: 2022-03-25, (Printed version filed on 2022-03-11) Randy William Downes
2022-02-16 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-02-16
2022-02-10 Certificate (on limitations to public access), 23A-B His Majesty The King
2022-02-10 Notice of appeal, (Book Form), Trial Court Order required, Incomplete, (Printed version filed on 2022-02-11) His Majesty The King