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18125

Her Majesty the Queen v. Big M Drug Mart Ltd.

(Alberta) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1990-09-06 Appeal closed
1985-07-23 General proceeding, record sent to J.P. Ford, CNX
1985-04-24 Judgment on the appeal rendered, CJ R B McI C La W
Dismissed, with costs
1984-03-06 Hearing of the appeal, 1984-03-06, CJ R B McI C La W
Decision reserved
1984-03-05 Book of authorities, 14 copies of articles referred to by Her Majesty the Queen Her Majesty the Queen
1984-03-05 Appeal court record
1984-03-05 Trial court record
1984-03-02 Intervener's factum, With service Attorney General of Canada
1984-03-02 Intervener's factum, 20 copies of Attorney General of Canada Attorney General of Canada
1984-03-02 Intervener's factum, Attorney General of New Brunswick, with service Attorney General of Saskatachewan
1984-03-02 Book of authorities, 10 copies Her Majesty the Queen
1984-03-01 Book of authorities, 21 copies, vol 1 to 4 and 21 copies of statutes Attorney General of Canada
1984-03-01 Respondent's factum, 20 copies Big M Drug Mart Ltd.
1984-02-29 Intervener's factum, 21 copies (Attorney General of New Brunswick) Attorney General of Saskatachewan
1984-02-29 Intervener's factum, 21 copies (Attorney General of Saskatchewan) Attorney General of New Brunswick
1984-02-23 Decision on the motion for leave to intervene, E
Dismissed, no order as to costs
1984-02-23 Hearing of motion for leave to intervene, 1984-02-23, E
1984-02-23 Submission of motion for leave to intervene, 1984-02-23, E
1984-02-21 Motion for leave to intervene, served copy plus 1 copy (Produits Agricales), with service Produits Agricoles Plantation Levy Inc.
1984-01-29 Appeal hearing scheduled, 1984-03-06
Decision reserved
1984-01-23 Notice of intervention respecting a constitutional question, Attorney General of New Brunswick Attorney General of Saskatachewan
1984-01-23 Appellant's factum, With service Her Majesty the Queen
1984-01-23 Decision on the motion for leave to intervene, D
Dismissed, no order as to costs
1984-01-23 Hearing of motion for leave to intervene, 1984-01-23, D
1984-01-23 Submission of motion for leave to intervene, 1984-01-23, D
1984-01-23 Hearing of motion for leave to intervene, 1984-01-23
Decision reserved
1984-01-23 Submission of motion for leave to intervene, 1984-01-23
Decision reserved
1984-01-20 Appellant's factum, 19 copies, with service Her Majesty the Queen
1984-01-20 Case on appeal, 19 copies Her Majesty the Queen
1984-01-19 Affidavit, of D.D. Devnich Seventh-day Adventist Church in Canada
1984-01-19 Motion for leave to intervene, Seventh Day Adventist Church, with service Seventh-day Adventist Church in Canada
1984-01-13 Notice of hearing, With service Her Majesty the Queen
1984-01-12 Notice of intervention respecting a constitutional question, Attorney General of Saskatchewan Attorney General of New Brunswick
1984-01-11 Order on motion to expedite the appeal
1984-01-10 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, casebook by 84/01/23; Appellant's factum by 84/01/29; appeal to be heard 84/03/06
Granted, no order as to costs
1984-01-10 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1984-01-10, casebook by 84/01/23; Appellant's factum by 84/01/29; appeal to be heard 84/03/06
1984-01-10 Hearing of motion to expedite the appeal, 1984-01-10, casebook by 84/01/23; Appellant's factum by 84/01/29; appeal to be heard 84/03/06
1984-01-10 Submission of motion to expedite the appeal, 1984-01-10, casebook by 84/01/23; Appellant's factum by 84/01/29; appeal to be heard 84/03/06
1984-01-10 Appeal perfected for hearing, Session beginning on 1984-01-29
1984-01-05 Affidavit Her Majesty the Queen
1984-01-05 Motion to expedite the appeal, With service Her Majesty the Queen
1984-01-04 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1984-01-03 Notice of constitutional question(s), With service Attorney General of Canada
1983-12-22 Order granting leave to appeal
1983-12-22 Order on motion to directions, re constitutional questions
1983-12-22 Decision on motion for directions, for constitutional questions see Registrar's Red book #5 at p. 235 or file Inventions 84/01/23, CJ
Granted, no order as to costs
1983-12-22 Hearing of motion for directions, 1983-12-22, for constitutional questions see Registrar's Red book #5 at p. 235 or file Inventions 84/01/23, CJ
1983-12-22 Submission of motion for directions, 1983-12-22, for constitutional questions see Registrar's Red book #5 at p. 235 or file Inventions 84/01/23, CJ
1983-12-21 Notice of appeal, With service Her Majesty the Queen
1983-12-20 Motion for directions, of Attorney General Can, Attorney General of Prov. of constitutional questions, with service Attorney General of Canada
1983-12-19 Judgment of the Court on the application for leave to appeal, R McI La
Granted, no order as to costs
1983-12-19 Hearing of the application for leave to appeal, 1983-12-19, R McI La
1983-12-19 All materials on application for leave submitted to the Judges, 1983-12-19, R McI La
1983-12-05 Correspondence received from, 3 copies of letter dated 83/11/24 from Henkel Her Majesty the Queen
1983-11-28 Application for leave to appeal, original plus 4 copies, Completed on: 1983-11-28 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Big M Drug Mart Ltd. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Saskatachewan Intervener Active
Seventh-day Adventist Church in Canada Intervener Pending
Produits Agricoles Plantation Levy Inc. Intervener Pending

Counsel

Party: Her Majesty the Queen

Counsel
Name
William Henkel, Q.C.
Contact information
Attorney General of Alberta
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 427-5032
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Big M Drug Mart Ltd.

Counsel
Names
Timothy J. Boyle
Kevin Carton
Contact information
Zenith, Klym, Hookenson & Boyle
520 - 10333 SOUTHPORT RD SW
CALGARY, Alberta
T2W 3X6
Telephone: (403) 259-5041

Party: Attorney General of Canada

Counsel
Name
Julius A. Isaac
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569
Agent
Name
Roger Tassé, Q.C.
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763

Party: Attorney General of New Brunswick

Counsel
Name
Richard C. Speight
Contact information
Attorney General of New Brunswick
444 CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2330
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Saskatachewan

Counsel
Name
James C. MacPherson
Contact information
Attorney General of Saskatchewan
2476 VICTORIA AVE
PO BOX 7129
REGINA, Saskatchewan
S4P 3V7
Agent
Name
Donald P. Burke
Contact information
Cooligan, Ryan
200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0735
FAX: (613) 238-3501

Party: Seventh-day Adventist Church in Canada

Counsel
Name
Thomas W. Wakeling
Contact information
Milner Fenerty
2900 - 10180, 101 ST NW
EDMONTON, Alberta
T5J 3V5
Telephone: (403) 423-7100
FAX: (403) 423-7276
Agent
Name
Charles A. Murphy
Contact information
Hewitt, Hewitt, Nesbitt & Reid
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445

Party: Produits Agricoles Plantation Levy Inc.

Counsel
Name
Richard Levy
Contact information
Adessky Poulin
999 BOUL DE MAISONNEUVE O
18e ÉTAGE
MONTRÉAL, Quebec
H3A 3L4
Telephone: (514) 288-9797
FAX: (514) 288-2697

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

January 19, 1983
Provincial Court of Alberta

0372075748

respondent is acquitted

November 2, 1983
Court of Appeal of Alberta (Edmonton)

15291

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13