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Case information

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19418

H. H., (Young Offender) v. Robert F. Lunney, of the Edmonton City Police Force, et al.

(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)
1989-08-02 Appeal closed
1989-04-18 Correspondence (sent by the Court) to, copy of formal judgment sent to Burke-Robertson (Ott., Ont.)
1989-04-18 Correspondence (sent by the Court) to, copy of formal judgment sent to Gowling & Henderson (Ott., Ont.)
1989-04-10 Formal judgment sent to the registrar of the court of appeal and all parties
1989-04-10 Appeal closed
1989-03-14 General proceeding, to note consent to the dismissal of this appeal on behalf of the Appellant H. H., (Young Offender)
1989-03-14 Decision on motion to dismiss the appeal for want of prosecution, (Motion granted therefore appeal dismissed), L'HD
Granted, no order as to costs
1989-03-14 Hearing of motion to dismiss the appeal for want of prosecution submitted, 1989-03-14, (Motion granted therefore appeal dismissed), L'HD
1989-03-14 Submission of motion to dismiss the appeal for want of prosecution, 1989-03-14, (Motion granted therefore appeal dismissed), L'HD
1989-03-13 Affidavit, of Burke-Robertson, with service H. H., (Young Offender)
1989-03-01 Affidavit, of Charles Raymond Robert F. Lunney, of the Edmonton City Police Force
1988-12-13 Affidavit, of Ed. Van Bemmel Robert F. Lunney, of the Edmonton City Police Force
1988-12-13 Motion to dismiss the appeal for want of prosecution, With service Robert F. Lunney, of the Edmonton City Police Force
1986-07-10 General proceeding, to note consent to above motions Robert F. Lunney, of the Edmonton City Police Force
1986-05-09 Order on miscellaneous motion, Re: Adjournment
1986-03-26 Correspondence (sent by the Court) to, dated March 18/86 from W.G. Burke-Robertson
1986-03-05 Decision on the motion to state a constitutional question, The motion on behalf of the appellant for an order stating the constitutional question is adjourned until the determination of the Crown appeal in the courts of Alberta
Traversed, no order as to costs
1986-03-05 Hearing of the motion to state a constitutional question, 1986-03-05, The motion on behalf of the appellant for an order stating the constitutional question is adjourned until the determination of the Crown appeal in the courts of Alberta
Adjourned
1986-03-05 Submission of motion to state a constitutional question, 1986-03-05, The motion on behalf of the appellant for an order stating the constitutional question is adjourned until the determination of the Crown appeal in the courts of Alberta
Adjourned
1985-12-16 Affidavit, of David Midanik, with service H. H., (Young Offender)
1985-11-06 Correspondence (sent by the Court) to, dated 85/11/05 from Burke-Robertson
1985-10-30 Decision on the motion to state a constitutional question
Traversed, no order as to costs
1985-10-30 Hearing of the motion to state a constitutional question, 1985-10-30
Adjourned
1985-10-30 Submission of motion to state a constitutional question, 1985-10-30
Adjourned
1985-10-29 Correspondence (sent by the Court) to, dated 85/10/22 from Midanik (Re: M.H.'s address)
1985-10-21 Notice of appeal, served copy H. H., (Young Offender)
1985-10-18 Motion to state a constitutional question, With service H. H., (Young Offender)
1985-10-17 Order granting leave to appeal
1985-10-16 Notice of appeal, With service H. H., (Young Offender)
1985-09-19 Judgment of the Court on the application for leave to appeal, E W LeD
Granted, with costs in the cause
1985-06-25 Hearing of the application for leave to appeal, 1985-06-25, E W LeD
Decision reserved
1985-06-25 All materials on application for leave submitted to the Judges, 1985-06-25, E W LeD
Decision reserved
1985-06-20 Respondent's response on the application for leave to appeal, 5 copies Robert F. Lunney, of the Edmonton City Police Force
1985-06-05 Application for leave to appeal, 5 copies, with service, Completed on: 1985-06-05 H. H., (Young Offender)

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
H., (Young Offender), H. Applicant Active

v.

Main parties - Respondents
Name Role Status
Lunney, of the Edmonton City Police Force, Robert F. Respondent Active
Edmonton City Police Force Respondent Active
Her Majesty the Queen in Right of Canada Respondent Active
Her Majesty the Queen in Right of Alberta Respondent Active

Counsel

Party: H., (Young Offender), H.

Counsel
David M. Midanik
1500 - 123 EDWARD ST
TORONTO, Ontario
M5G 1E2
Telephone: (416) 596-7776
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Lunney, of the Edmonton City Police Force, Robert F.

Counsel
J.A. Lindsay
9620 - 103A AVE
EDMONTON, Alberta
T5H 0H7

Party: Edmonton City Police Force

Counsel
J.A. Lindsay
9620 - 103A AVE
EDMONTON, Alberta
T5H 0H7

Party: Her Majesty the Queen in Right of Canada

Counsel
Julius A. Isaac
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 995-2569

Party: Her Majesty the Queen in Right of Alberta

Counsel
William Henkel, Q.C.
Attorney General of Alberta
9833 - 109TH ST NW
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 427-5032

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

December 19, 1984
Court of Queen’s Bench of Alberta

8403-1599-C3

application

March 5, 1985
Court of Appeal of Alberta (Edmonton)

00000000000000000000

appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27