Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
17550
Her Majesty the Queen v. David Edwin Oakes
(Ontario) (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) |
|---|---|---|
| 1986-02-28 |
Judgment on the appeal rendered, Section 8 of the Narcotic Control Act is declared to be of no force or effect by reason of ss. 11(d) and 52(1) of the Constitution Act, 1982., CJ E McI C La W LeD Dismissed, no order as to costs |
|
| 1985-03-13 | Copy of formal judgment being prepared, Shaughnessy, Toronto, registered mail | |
| 1985-03-13 | Formal judgment sent to the registrar of the court of appeal and all parties, to Shaughnessy, Toronto, registered mail | |
| 1985-03-12 |
Hearing of the appeal, 1985-03-12, CJ E McI C La W LeD Decision reserved |
|
| 1985-03-08 | Book of authorities, 9 copies of Vols 1 to 4 | David Edwin Oakes |
| 1985-03-06 | Book of authorities, 21 copies of suplementary (vols 1 and 2) | Her Majesty the Queen |
| 1985-03-04 | Correspondence (sent by the Court) to, letter dated Feb. 28/85 from G.A. Beasley | |
| 1985-02-20 | Respondent's factum, 20 copies | David Edwin Oakes |
| 1985-02-18 | Order on motion to file a lengthy factum | |
| 1985-02-18 |
Decision on motion to file a lengthy factum, C Granted, no order as to costs |
|
| 1985-02-18 | Hearing of motion to file a lengthy factum, 1985-02-18, C | |
| 1985-02-18 | Submission of motion to file a lengthy factum, 1985-02-18, C | |
| 1985-02-18 | Response to the motion to file a lengthy factum | David Edwin Oakes |
| 1985-02-18 | Affidavit, of William Corbett | Her Majesty the Queen |
| 1985-02-18 | Motion to file a lengthy factum | Her Majesty the Queen |
| 1985-01-25 | Notice of withdrawal | Attorney General of British Columbia |
| 1984-03-12 | Book of authorities, vol. 1 to 4, 10 copies | Her Majesty the Queen |
| 1984-03-12 | Correspondence (sent by the Court) to, letter dated March 9/84 from M.R. Dambrot | |
| 1984-01-29 |
Appeal hearing scheduled, 1985-03-12 Decision reserved |
|
| 1984-01-17 | Notice of hearing, With service | Her Majesty the Queen |
| 1984-01-10 | Appeal court record | |
| 1984-01-09 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1984-01-09 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (appeal deemed not abandoned), R Granted, no order as to costs |
|
| 1984-01-09 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1984-01-09, (appeal deemed not abandoned), R | |
| 1984-01-09 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1984-01-09, (appeal deemed not abandoned), R | |
| 1984-01-09 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | David Edwin Oakes |
| 1984-01-09 | Affidavit, of M.R. Dambrot | Her Majesty the Queen |
| 1984-01-09 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Her Majesty the Queen |
| 1984-01-03 | Appeal perfected for hearing, Session beginning on 1984-01-29 | |
| 1983-11-30 |
Decision on the motion for leave to intervene, McI Dismissed, no order as to costs |
|
| 1983-11-30 | Hearing of motion for leave to intervene, 1983-11-30, McI | |
| 1983-11-30 | Submission of motion for leave to intervene, 1983-11-30, McI | |
| 1983-11-21 |
Hearing of motion for leave to intervene, 1983-11-21 Decision reserved |
|
| 1983-11-21 |
Submission of motion for leave to intervene, 1983-11-21 Decision reserved |
|
| 1983-11-18 | Motion for leave to intervene | Canadian Civil Liberties Association |
| 1983-11-18 | Affidavit, of service | Canadian Civil Liberties Association |
| 1983-11-17 | Motion for leave to intervene, With service | Canadian Civil Liberties Association |
| 1983-10-14 | Book of authorities, plus supplementary authorities, with service | Her Majesty the Queen |
| 1983-10-14 | Appellant's factum, With service | Her Majesty the Queen |
| 1983-10-14 | Case on appeal, With service | Her Majesty the Queen |
| 1983-09-28 | Notice of withdrawal | Attorney General of Newfoundland |
| 1983-09-12 | Appellant's factum, 21 copies and vols 1 & 2 of supplementary with service, with service | Her Majesty the Queen |
| 1983-08-15 | Case on appeal, 21 copies, with service | Her Majesty the Queen |
| 1983-05-11 | Notice of intervention respecting a constitutional question, With service | Attorney General of Newfoundland |
| 1983-05-05 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1983-04-19 | Notice of constitutional question(s), Notice of intention (to intervene) by May 13/83, with service | Her Majesty the Queen |
| 1983-04-13 | Order on motion to state a constitutional question | |
| 1983-04-06 |
Decision on the motion to state a constitutional question, For constitutional question see file or Registrar's Red Book @ p. 143 and Notice of intervention by May 13/83, CJ Granted, no order as to costs |
|
| 1983-04-06 | Hearing of the motion to state a constitutional question, 1983-04-06, For constitutional question see file or Registrar's Red Book @ p. 143 and Notice of intervention by May 13/83, CJ | |
| 1983-04-06 | Submission of motion to state a constitutional question, 1983-04-06, For constitutional question see file or Registrar's Red Book @ p. 143 and Notice of intervention by May 13/83, CJ | |
| 1983-04-06 | Order granting leave to appeal | |
| 1983-04-06 | Notice of appeal, With service | Her Majesty the Queen |
| 1983-03-24 | Motion to state a constitutional question, 1 copy | Her Majesty the Queen |
| 1983-03-24 | Notice of appeal | Her Majesty the Queen |
| 1983-03-21 |
Judgment of the Court on the application for leave to appeal, Granted on the term that the Crown will pay costs in any event., CJ E W Granted, costs against the appellant |
|
| 1983-03-21 | Hearing of the application for leave to appeal, 1983-03-21, Granted on the term that the Crown will pay costs in any event., CJ E W | |
| 1983-03-21 | All materials on application for leave submitted to the Judges, 1983-03-21, Granted on the term that the Crown will pay costs in any event., CJ E W | |
| 1983-03-18 | Respondent's response on the application for leave to appeal, 5 copies | David Edwin Oakes |
| 1983-03-15 | Order on motion to extend the time to file and/or serve the leave application, (approval theorem) | |
| 1983-03-14 | Notice of application for leave to appeal, With service | Her Majesty the Queen |
| 1983-03-01 | Application for leave to appeal, 5 copies 1 copy, with service, Completed on: 1983-03-14 | Her Majesty the Queen |
| 1983-02-22 | Notice of application for leave to appeal | Her Majesty the Queen |
| 1983-02-18 | Order on motion to extend the time to file and/or serve the leave application | |
| 1983-02-17 |
Decision on motion to extend time to file and /or serve the leave application, Time extended to March 21, 1983, E Granted, no order as to costs |
|
| 1983-02-17 | Hearing of motion to extend time to file and/ or serve the leave application, 1983-02-17, Time extended to March 21, 1983, E | |
| 1983-02-17 | Submission of motion to extend time to file and/ or serve the leave application, 1983-02-17, Time extended to March 21, 1983, E | |
| 1983-02-16 | Response to the motion to extend the time to file and / or serve the leave application | David Edwin Oakes |
| 1983-02-16 | Affidavit | Her Majesty the Queen |
| 1983-02-16 | Motion to extend the time to file and or serve the application for leave to appeal | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Oakes, David Edwin | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Ron Fainstein
Julius Isaac
Michael Dambrot
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 996-1693
Party: Oakes, David Edwin
Counsel
551 WATERLOO ST
LONDON, Ontario
N6B 2R1
Party: Attorney General of British Columbia
Counsel
310 - 900 HOWE ST
VANCOUVER, British Columbia
V6Z 2M4
Telephone: (250) 689-4438
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Summary
Keywords
None.
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.
None.
Lower court rulings
Provincial Court of Ontario
not available
see file
Court of Appeal for Ontario
802/82
appeal dismissed
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