Case information
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40105
Martin Peter Holzbauer v. Attorney General of British Columbia
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-07-26 | Close file on Leave | |
| 2022-07-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-07-21 | Judgment on leave sent to the parties | |
| 2022-07-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47671, 2021 BCCA 458, dated December 1, 2021, is dismissed. Dismissed |
|
| 2022-07-21 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 2022-06-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-06-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-06-14 | Martin Peter Holzbauer |
| 2022-05-30 | Supplemental document, (Book Form), 2nd affidavit of applicant, (Printed version due on 2022-06-06) | Martin Peter Holzbauer |
| 2022-05-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-06-02) | Attorney General of British Columbia |
| 2022-05-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-05-31, (Printed version filed on 2022-05-26) | Attorney General of British Columbia |
| 2022-05-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-05-06 | Martin Peter Holzbauer |
| 2022-04-29 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-04-29 | |
| 2022-04-06 |
Certificate (on limitations to public access), Public access to information form |
Martin Peter Holzbauer |
| 2022-02-09 |
Application for leave to appeal, (Book Form), REQUIRED: - Motion to extend time (rec'd 2022-05-04) - Amended notice of application - Amended cover page (Style of cause) (rec'd 2022-05-04) - CA order (rec'd 2022-05-04) - TC Order , Completed on: 2022-06-20, (Printed version filed on 2022-02-09) |
Martin Peter Holzbauer |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Holzbauer, Martin Peter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Respondent | Active |
Counsel
Party: Holzbauer, Martin Peter
This party is not represented by counsel.
Party: Attorney General of British Columbia
Counsel
BC Prosecution Service, Criminal Appeals & Special Prosecuti
6th floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0717
FAX: (604) 660-1133
Email: David.Layton@gov.bc.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Charter of Rights — Freedom of religion — Fundamental justice — Criminal law — The question in issue and not yet adjudicated involves the non-compliance of s. 1 of the Charter by state agents (Regional District of Kitimat-Stikine) and the violations of the applicant’s s. 2(a) and s. 7 Charter rights — ss. 1, 2(a), 7 of the Charter of Rights and Freedoms.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant has been in a protracted dispute with the Regional District of Kitimat-Stikine stemming from three convictions for bylaw infractions, one in 2014 and two in 2017. Justice Punnett dismissed the applicant’s Charter application. An application to quash an appeal was brought by the Attorney General of British Columbia. The Court of Appeal granted the Attorney General of British Columbia’s application, and held that it did not have the jurisdiction to hear the applicant’s appeal.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 1354, 34209-2
Applicant’s Charter application dismissed
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 458, CA47671
Respondent’s application to quash applicant’s appeal granted
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available