Case information
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17583
Walter Valente v. Her Majesty the Queen
(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) |
|---|---|---|
| 1986-06-18 | General proceeding, records sent to F. Michaelson Supreme Court of Ontario, Toronto, registered mail | |
| 1986-04-21 | Formal judgment sent to the registrar of the court of appeal and all parties, to Shaughnessy, Toronto, registered mail | |
| 1986-01-21 | General proceeding, Trial Court record sent to Treleaven, Milton, ON by Purolator | |
| 1985-12-19 |
Judgment on the appeal rendered, CJ B E McI C La LeD Dismissed, no order as to costs |
|
| 1985-01-04 | Correspondence (sent by the Court) to, letter dated Jan.3/85 from Gowling and Henderson re authority | |
| 1984-10-09 |
Hearing of the appeal, 1984-10-09, heard on Oct. 9, 10 and 11., CJ B E McI C La LeD Decision reserved |
|
| 1984-10-05 |
Decision on the motion for leave to intervene, LeD Dismissed, no order as to costs |
|
| 1984-10-05 | Hearing of motion for leave to intervene, 1984-10-05, LeD | |
| 1984-10-05 | Submission of motion for leave to intervene, 1984-10-05, LeD | |
| 1984-10-04 | Affidavit | Maurice Alexander Charles |
| 1984-10-04 | Motion for leave to intervene | Maurice Alexander Charles |
| 1984-10-04 | Book of authorities, 5 copies of supplementary book of authorities | Walter Valente |
| 1984-10-03 | Proof of service | |
| 1984-10-03 | Book of authorities, 1 copy of supplementary book of authorities, with service | Walter Valente |
| 1984-10-03 |
Decision on miscellaneous motion, W Granted, no order as to costs |
|
| 1984-10-03 | Hearing of miscellaneous motion, 1984-10-03, W | |
| 1984-10-03 | Submission of miscellaneous motion, 1984-10-03, W | |
| 1984-10-02 | Book of authorities, 20 copies | Walter Valente |
| 1984-10-02 | Book of authorities, 10 copies of supplementary book of authorities | Walter Valente |
| 1984-10-02 | Intervener's factum, 21 copies | Attorney General of Quebec |
| 1984-10-01 | Affidavit | Provincial Court Judges Association (Criminal division) |
| 1984-10-01 | Notice of miscellaneous motion, motion for an order confirming the Provincial Court Judges Association (Criminal Division) and the Ontario Family Court Judges Association status as interveners in this matter., with service | Provincial Court Judges Association (Criminal division) |
| 1984-09-21 | Intervener's factum, 21 copies, with service | Ontario Family Court Judges Association |
| 1984-09-21 | Intervener's factum, 21 copies, with service | Provincial Court Judges Association (Criminal division) |
| 1984-09-17 | General proceeding, 20 copies of appendix B (index) | Her Majesty the Queen |
| 1984-09-17 | General proceeding, 25 copies of appendix A | Her Majesty the Queen |
| 1984-09-17 | Book of authorities, 26 copies of authorities (Vol 1); 24 copies of vol 2 | Her Majesty the Queen |
| 1984-05-09 | Intervener's factum, 1 copy, with service | Attorney General of Saskatchewan |
| 1984-05-09 | Intervener's factum, 20 copies | Attorney General of Saskatchewan |
| 1984-05-02 | Book of authorities, statutes (10 copies) | Attorney General of Canada |
| 1984-05-02 | Book of authorities, Vols 1 and 2 (10 copies) | Attorney General of Canada |
| 1984-05-02 | Intervener's factum, 21 copies | Attorney General of Canada |
| 1984-04-30 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, appeal to be placed 4th on the list for the Fall Term. Granted, no order as to costs |
|
| 1984-04-30 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1984-04-30, appeal to be placed 4th on the list for the Fall Term. | |
| 1984-04-30 | Hearing of motion to expedite the appeal, 1984-04-30, appeal to be placed 4th on the list for the Fall Term. | |
| 1984-04-30 | Submission of motion to expedite the appeal, 1984-04-30, appeal to be placed 4th on the list for the Fall Term. | |
| 1984-04-24 | Motion to expedite the appeal | Walter Valente |
| 1983-11-22 | Certified casebook | Walter Valente |
| 1983-11-08 | General proceeding, additional material from Trial Court filed by R. Noël Bates | Walter Valente |
| 1983-10-20 | General proceeding, additional material from Trial Court | Walter Valente |
| 1983-10-17 |
Decision on the motion for leave to intervene, W Dismissed, no order as to costs |
|
| 1983-10-17 | Hearing of motion for leave to intervene, 1983-10-17, W | |
| 1983-10-17 | Submission of motion for leave to intervene, 1983-10-17, W | |
| 1983-10-12 |
Hearing of motion for leave to intervene, 1983-10-12 Decision reserved |
|
| 1983-10-12 |
Submission of motion for leave to intervene, 1983-10-12 Decision reserved |
|
| 1983-10-04 |
Appeal hearing scheduled, 1984-10-09 Decision reserved |
|
| 1983-10-04 | Trial court record | |
| 1983-10-04 | General proceeding, Advised by H. Brown that above motion is changed from Oct. 6 to Oct. 12/83. | Provincial Court Judges Association (Criminal division) |
| 1983-09-28 | Motion for leave to intervene, With service | Provincial Court Judges Association (Criminal division) |
| 1983-09-28 | Trial court record | |
| 1983-09-15 | Notice of hearing, With service | Walter Valente |
| 1983-09-08 | Affidavit | Provincial Court Judges Association (Criminal division) |
| 1983-09-08 | Appellant's factum, With service | Walter Valente |
| 1983-09-07 | Order on motion to expedite the appeal | |
| 1983-09-07 | General proceeding, to note order of the motion to inscribe notwithstanding late filing | Walter Valente |
| 1983-09-06 | Appellant's factum, With service | Walter Valente |
| 1983-09-06 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, Appeal placed foot of Ontario Remanet List Granted, no order as to costs |
|
| 1983-09-06 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1983-09-06, Appeal placed foot of Ontario Remanet List | |
| 1983-09-06 | Hearing of motion to expedite the appeal, 1983-09-06, Appeal placed foot of Ontario Remanet List | |
| 1983-09-06 | Submission of motion to expedite the appeal, 1983-09-06, Appeal placed foot of Ontario Remanet List | |
| 1983-09-06 | Response to motion to expedite the appeal | Her Majesty the Queen |
| 1983-09-06 | Motion to expedite the appeal | Walter Valente |
| 1983-09-06 | Appeal perfected for hearing, Session beginning on 1983-10-04 | |
| 1983-09-06 |
Decision on motion to expedite the appeal, Reg Granted, no order as to costs |
|
| 1983-09-06 | Hearing of motion to expedite the appeal, 1983-09-06, Reg | |
| 1983-09-06 | Submission of motion to expedite the appeal, 1983-09-06, Reg | |
| 1983-09-06 | Response to motion to expedite the appeal | Her Majesty the Queen |
| 1983-09-06 | Motion to expedite the appeal | Walter Valente |
| 1983-09-02 | Appellant's factum, 18 copies | Walter Valente |
| 1983-09-02 | Affidavit | Walter Valente |
| 1983-09-02 | Motion to expedite the appeal | Walter Valente |
| 1983-08-31 | Case on appeal, 1 copy, with service | Walter Valente |
| 1983-08-31 | Case on appeal, 20 copies | Walter Valente |
| 1983-06-01 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1983-05-10 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1983-05-10 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 1983-05-04 | Notice of constitutional question(s), interventions by June 1st 1983, with service | Walter Valente |
| 1983-04-28 | Order on motion to state a constitutional question | |
| 1983-04-25 |
Decision on the motion to state a constitutional question, For constitutional questions see Registrar's Red Book @ p. 159 or file notices of intervention by June 1, 1983., W Granted, no order as to costs |
|
| 1983-04-25 | Hearing of the motion to state a constitutional question, 1983-04-25, For constitutional questions see Registrar's Red Book @ p. 159 or file notices of intervention by June 1, 1983., W | |
| 1983-04-25 | Submission of motion to state a constitutional question, 1983-04-25, For constitutional questions see Registrar's Red Book @ p. 159 or file notices of intervention by June 1, 1983., W | |
| 1983-04-20 | Motion to state a constitutional question, With service | Walter Valente |
| 1983-04-18 | Notice of appeal, With service | Walter Valente |
| 1983-04-06 | Notice of appeal, With service | Walter Valente |
| 1983-03-24 | Notice of appeal, With service | Walter Valente |
| 1983-03-24 | Order granting leave to appeal | |
| 1983-03-21 |
Judgment of the Court on the application for leave to appeal, Granted on term that the crown will pay costs in any event., CJ E W Granted, costs against the respondent |
|
| 1983-03-21 | Hearing of the application for leave to appeal, 1983-03-21, Granted on 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 term that the crown will pay costs in any event., CJ E W | |
| 1983-03-18 | Court of Appeal casebooks and transcripts of evidence, 5 copies vols 1 and 2 | |
| 1983-03-16 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen |
| 1983-03-11 | Application for leave to appeal, 5 copies, with service, Completed on: 1983-03-11 | Walter Valente |
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 |
|---|---|---|
| Valente, Walter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Sitting Justices of the Peace for the Municipality of Metropolitan Toronto | Intervener | Active |
| Provincial Court Judges Association (Criminal division) | Intervener | Active |
| Ontario Family Court Judges Association | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Valente, Walter
Counsel
B.A. Crane, Q.C.
BURLINGTON, Ontario
L7S 1G4
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2302
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Sitting Justices of the Peace for the Municipality of Metropolitan Toronto
Counsel
174 AVE RD
TORONTO, Ontario
M5R 2J1
Telephone: (416) 944-8460
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Provincial Court Judges Association (Criminal division)
Counsel
Morris Manning, Q.C.
1400 - 120 ADELAIDE ST W
TORONTO, Ontario
M5H 1T1
Party: Ontario Family Court Judges Association
Counsel
Morris Manning, Q.C.
1400 - 120 ADELAIDE ST W
TORONTO, Ontario
M5H 1T1
Party: Attorney General of Quebec
Counsel
Angeline Thibault
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Agent
111, rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Saskatchewan
Counsel
James MacPherson
2476 VICTORIA AVE
PO BOX 7129
REGINA, Saskatchewan
S4P 3V7
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Canada
Counsel
Derek Aylen
Graham Garton
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 996-1693
Summary
Keywords
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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
declines juridiction
Court of Appeal for Ontario
1049/82
appeal is allowed
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