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.
19556
Henry Morgentaler, et al. v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1988-07-13 | General proceeding, to note copy of judgment sent to Respondent | |
| 1988-07-13 | General proceeding, to note copy of judgment sent to Appellant | |
| 1988-05-17 | Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON) | |
| 1988-02-24 | Correspondence (sent by the Court) to, advising of judgment sent to Registrar (Tor,ON) | |
| 1988-01-28 |
Judgment on the appeal rendered, CJ B E McI La W LaF Allowed, no order as to costs |
|
| 1986-12-05 | Appellant's factum, , 1 copy additional facts, with service | Henry Morgentaler |
| 1986-12-04 | Appellant's factum, , additional facts, 21 copies, with service | Henry Morgentaler |
| 1986-11-27 | Respondent's factum, , additional facts, 21 copies, with service | Her Majesty the Queen |
| 1986-10-07 |
Hearing of the appeal, 1986-10-07, (Appeal heard October 7th, 8th, 9th and 10th), CJ B E McI La W LaF Decision reserved |
|
| 1986-10-03 | Book of authorities, , 3 copies vols. 1 to 5 | Attorney General of Canada |
| 1986-10-03 | Book of authorities, , 10 copies vols. 1 to 5 | Her Majesty the Queen |
| 1986-10-01 | Book of authorities, , 9 copies vols. 1 to 5 | Henry Morgentaler |
| 1986-09-29 |
Appeal hearing scheduled, 1986-10-07 Decision reserved |
|
| 1986-09-29 | Notice of hearing, With service | Henry Morgentaler |
| 1986-09-29 | Intervener's factum, , 21 copies, with service | Attorney General of Canada |
| 1986-09-23 | Respondent's factum, , 21 copies | Her Majesty the Queen |
| 1986-09-19 | Order on motion to file a lengthy factum | |
| 1986-09-16 |
Decision on motion to file a lengthy factum, (Respondent's factum not to exceed 60 pages), W Granted, no order as to costs |
|
| 1986-09-16 | Hearing of motion to file a lengthy factum, 1986-09-16, (Respondent's factum not to exceed 60 pages), W | |
| 1986-09-16 | Submission of motion to file a lengthy factum, 1986-09-16, (Respondent's factum not to exceed 60 pages), W | |
| 1986-09-16 | Appellant's factum, , 20 copies | Henry Morgentaler |
| 1986-09-11 | Affidavit | Her Majesty the Queen |
| 1986-09-11 | Motion to file a lengthy factum, With service | Her Majesty the Queen |
| 1986-08-28 | Order on motion to file a lengthy factum | |
| 1986-08-22 |
Decision on motion to file a lengthy factum, (Appellant's factum not to exceed 60 pages), LaF Granted, no order as to costs |
|
| 1986-08-22 | Hearing of motion to file a lengthy factum, 1986-08-22, (Appellant's factum not to exceed 60 pages), LaF | |
| 1986-08-22 | Submission of motion to file a lengthy factum, 1986-08-22, (Appellant's factum not to exceed 60 pages), LaF | |
| 1986-08-21 |
Hearing of motion to file a lengthy factum, 1986-08-21 Decision reserved |
|
| 1986-08-21 |
Submission of motion to file a lengthy factum, 1986-08-21 Decision reserved |
|
| 1986-08-21 | Affidavit | Henry Morgentaler |
| 1986-08-20 | Response to the motion to file a lengthy factum | Her Majesty the Queen |
| 1986-08-20 | Motion to file a lengthy factum | Henry Morgentaler |
| 1986-08-18 | Correspondence (sent by the Court) to, original + copy | |
| 1986-06-21 | Book of authorities, , 10 copies of "Report of the Committee on the Operation of the Abortion Law". | Henry Morgentaler |
| 1986-06-21 | Certified casebook | Henry Morgentaler |
| 1986-06-17 | Case on appeal, , 10 copies vols. 1 and 18 through 33 plus index | Henry Morgentaler |
| 1986-06-17 | Case on appeal, , 10 copies vols. 2 to 17 | Henry Morgentaler |
| 1986-05-09 | Order on motion to dispense with printing | |
| 1986-05-09 |
Decision on motion to dispense with printing, (Appellant to file 10 copies of casebook), Reg Granted, no order as to costs |
|
| 1986-05-09 | Hearing of motion to dispense with printing, 1986-05-09, (Appellant to file 10 copies of casebook), Reg | |
| 1986-05-09 | Submission of motion to dispense with printing, 1986-05-09, (Appellant to file 10 copies of casebook), Reg | |
| 1986-05-09 | Response to motion to dispense with printing | Her Majesty the Queen |
| 1986-05-09 | Affidavit | Henry Morgentaler |
| 1986-05-09 | Motion to dispense with printing | Henry Morgentaler |
| 1986-04-09 | Appeal perfected for hearing, Session beginning on 1986-09-29 | |
| 1986-04-09 | Order on motion to expedite the appeal | |
| 1986-04-07 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (Appeal to be heard first on Fall term) Granted, no order as to costs |
|
| 1986-04-07 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1986-04-07, (Appeal to be heard first on Fall term) | |
| 1986-04-07 | Hearing of motion to expedite the appeal, 1986-04-07, (Appeal to be heard first on Fall term) | |
| 1986-04-07 | Submission of motion to expedite the appeal, 1986-04-07, (Appeal to be heard first on Fall term) | |
| 1986-02-25 | Affidavit | Henry Morgentaler |
| 1986-02-25 | Motion to expedite the appeal | Henry Morgentaler |
| 1986-02-25 | Notice of intervention respecting a constitutional question, A-G Canada, with service | Attorney General of Canada |
| 1986-02-17 | Notice of constitutional question(s), With service | Henry Morgentaler |
| 1986-02-13 | Order on motion to state a constitutional question | |
| 1986-02-10 |
Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book #6 @ p. 106), CJ Granted, no order as to costs |
|
| 1986-02-10 | Hearing of the motion to state a constitutional question, 1986-02-10, (For Constitutional Question see file or Reg's Red Book #6 @ p. 106), CJ | |
| 1986-02-10 | Submission of motion to state a constitutional question, 1986-02-10, (For Constitutional Question see file or Reg's Red Book #6 @ p. 106), CJ | |
| 1986-01-24 | Motion to state a constitutional question | Henry Morgentaler |
| 1985-10-15 | Notice of appeal, With service | Henry Morgentaler |
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 |
|---|---|---|
| Morgentaler, Henry | Applicant | Active |
| Smoling, Leslie Frank | Applicant | Active |
| Scott, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Morgentaler, Henry
Counsel
174 AVE RD
TORONTO, Ontario
M5R 2J1
Telephone: (416) 944-8460
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Smoling, Leslie Frank
Counsel
174 AVE RD
TORONTO, Ontario
M5R 2J1
Telephone: (416) 944-8460
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Scott, Robert
Counsel
174 AVE RD
TORONTO, Ontario
M5R 2J1
Telephone: (416) 944-8460
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
W. James Blacklock
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4871
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
Supreme Court of Ontario
Not available
Application to quash or to stay the proceedings dismissed
Court of Appeal for Ontario
Not available
Appeal from acquittal allowed - new trial ordered
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