Docket

40269

Andrei Bykovets v. His Majesty the King

(Alberta) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2024-03-01 Formal judgment on re-hearing sent to Registrar of the Court of Appeal
2024-03-01 Re-hearing on the issue of costs
2024-03-01 Judgment on re-hearing rendered, CJ Ka Côt Row Mar Kas Ja Ob Mor, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2001-0181A, 2022 ABCA 208, dated June 13, 2022, heard on December 11, 2023, is allowed. The conviction is set aside and a new trial is ordered. Wagner C.J. and Côté, Rowe and O’Bonsawin JJ. dissent.
Allowed
2023-12-11 Judgment reserved on re-hearing
2023-12-11 Re-hearing of the appeal, 2023-12-11, Conducted in writing, CJ Ka Côt Row Mar Kas Ja Ob Mor
Judgment reserved
2023-11-09 Re-hearing scheduled, 2023-12-11
Judgment reserved
2023-11-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-11-09 Judgment on the appeal rendered, CJ Ka Côt Br Mar Ja Ob, A re-hearing of the appeal is ordered. The re-hearing will be conducted in writing. The Registrar shall provide further direction to the parties concerning the conduct of the re-hearing.

* Brown J. did not participate in the final disposition of the judgment.
Rehearing ordered
2023-01-26 Transcript received, 73 pages
2023-01-17 Judgment reserved OR rendered with reasons to follow
2023-01-17 Hearing of the appeal, 2023-01-17, CJ Ka Côt Br Mar Ja Ob
Judgment reserved
2023-01-13 Appellant's condensed book, (Book Form), (Printed version due on 2023-01-20) Andrei Bykovets
2023-01-13 Respondent's condensed book, (Book Form), (Printed version due on 2023-01-20) His Majesty the King
2022-12-28 Notice of appearance, (Book Form), David Schermbrucker and Allyson Ratsoy will appear before the Court and David Schermbrucker will present oral argument.
, (Printed version due on 2023-01-05)
Director of Public Prosecutions
2022-12-22 Correspondence received from, (Letter Form), Detention Status of the Appellant, (Printed version due on 2023-01-03) His Majesty the King
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2022-12-29, (Printed version filed on 2022-12-29) British Columbia Civil Liberties Association
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-29, (Printed version filed on 2022-12-29) British Columbia Civil Liberties Association
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Printed version filed on 2022-12-21) Attorney General of British Columbia
2022-12-20 Notice of appearance, (Letter Form), Micah B. Rankin and Michael Barrenger will appear before the Court via Zoom and Micah B. Rankin will present oral argument.

, (Printed version due on 2022-12-29)
Attorney General of British Columbia
2022-12-20 Notice of appearance, Andrew Hotke and Jeremy Streeter will appear before the Court via Zoom and Andrew Hotke will present oral argument.
Attorney General of Ontario
2022-12-20 Notice of appearance, (Letter Form), Anil K. Kapoor and Cameron Cotton-O’Brien will appear before the Court via Zoom and Anil Kapoor will present oral argument.
, (Printed version due on 2022-12-29)
Canadian Civil Liberties Association
2022-12-20 Notice of appearance, (Letter Form), Rajbir Dhillon will appear via Zoom and present oral arguments., (Printed version due on 2022-12-29) His Majesty the King
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-20, (Electronic version filed on 2022-12-21) Director of Public Prosecutions
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-28, (Printed version filed on 2022-12-20) Canadian Civil Liberties Association
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-23, (Printed version filed on 2022-12-23) Attorney General of Ontario
2022-12-19 Notice of appearance, Daniel J. Song, K.C. and Vibert M. Jack will appear before the Court via Zoom and Daniel. J. Song, will present oral argument.
British Columbia Civil Liberties Association
2022-12-14 Notice of appearance, Ms. Sarah Rankin and Ms. Heather Ferg will appear remotely via Zoom Both Ms. Rankin and Ms.Ferg will be presenting oral submissions Andrei Bykovets
2022-11-09 Order on motion for leave to intervene, by Justice Rowe
2022-11-09 Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Director of Public Prosecutions, the Attorney General of
Ontario, the Attorney General of British Columbia, the Canadian Civil Liberties Association and
the British Columbia Civil Liberties 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 five (5) interveners shall each 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 December 21, 2022.

The five (5) interveners are granted permission to each present oral arguments 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 respondent any additional disbursements resulting from their interventions.

Granted
2022-11-09 Submission of motion for leave to intervene, (5 motions), Row
2022-11-01 Notice of hearing sent to parties, (by email)
2022-11-01 Appeal hearing scheduled, 2023-01-17
Judgment reserved
2022-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2022-10-14 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-10-21) His Majesty the King
2022-10-14 Respondent's factum, (Book Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-14) His Majesty the King
2022-10-03 Response to the motion for leave to intervene, (Book Form), Completed on: 2022-10-04, (Printed version filed on 2022-10-04) Andrei Bykovets
2022-09-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-28 British Columbia Civil Liberties Association
2022-09-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) His Majesty the King
2022-09-20 Intervener's book of authorities, (Book Form), (Motion for leave to intervene), Completed on: 2022-09-22, (Printed version filed on 2022-09-22) British Columbia Civil Liberties Association
2022-09-20 Notice of name, (Letter Form), (Printed version filed on 2022-09-22) British Columbia Civil Liberties Association
2022-09-20 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-09-22)
British Columbia Civil Liberties Association
2022-09-16 Motion for leave to intervene, (Letter Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-09-20)
Attorney General of Ontario
2022-09-16 Motion for leave to intervene, (Letter Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-09-29)
Attorney General of British Columbia
2022-09-16 Notice of name, (Letter Form), (Printed version filed on 2022-09-22) Canadian Civil Liberties Association
2022-09-16 Motion for leave to intervene, (Book Form), MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-09-22)
Canadian Civil Liberties Association
2022-09-15 Motion for leave to intervene, (Letter Form), MISSING:
Filing Fee (rec' 01/12/23), Completed on: 2023-01-16, (Printed version filed on 2022-12-14)
Director of Public Prosecutions
2022-08-22 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-08-25) Andrei Bykovets
2022-08-22 Appellant's record, (Book Form), Completed on: 2022-08-26, (Printed version filed on 2022-08-25) Andrei Bykovets
2022-08-22 Appellant's factum, (Book Form), Completed on: 2022-08-26, (Printed version filed on 2022-08-25) Andrei Bykovets
2022-07-04 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-07-04
2022-06-27 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-07-05) Andrei Bykovets
2022-06-27 Notice of appeal, (Book Form), Completed on: 2022-06-27, (Printed version due on 2022-07-05) Andrei Bykovets