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.
19758
Owen Lloyd Swain 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) |
|---|---|---|
| 1992-02-04 | General proceeding, (To Note) letter dated February 3, 1992 from Mr. Ivan G. Whitehall sent up to Chief Justice Lamer, Justices La Forest, L'Heureux-Dubé, Sopinka, Gonthier, and Cory. | |
| 1992-01-02 | Correspondence (sent by the Court) to, from Ivan G. Whitehall; re: attached Order in Council (feb. 4/92 is the date that the legisla tion comes into force) | |
| 1991-11-13 | General proceeding, transcripts received on motion for an extension of the transitional period of 6 months and distribute d to the justices (10 pages) | |
| 1991-10-28 |
Decision on motion for directions, The Chief Justice: (orally) The motion is granted until February 5, with the proviso that for whatever reason the parties may reapply. We will vary the motion to read February 5., CJ LaF L'HD So G Co Granted, no order as to costs |
|
| 1991-10-28 | Hearing of motion for directions, 1991-10-28, The Chief Justice: (orally) The motion is granted until February 5, with the proviso that for whatever reason the parties may reapply. We will vary the motion to read February 5., CJ LaF L'HD So G Co | |
| 1991-10-28 | Submission of motion for directions, 1991-10-28, The Chief Justice: (orally) The motion is granted until February 5, with the proviso that for whatever reason the parties may reapply. We will vary the motion to read February 5., CJ LaF L'HD So G Co | |
| 1991-10-23 | General proceeding, 10 copies of APPLICANT'S FACTUM on the MOTION FOR DIRECTIONS, with service | Her Majesty the Queen |
| 1991-10-21 | Affidavit, Daniel Préfontaine - 10 copies | Attorney General of Canada |
| 1991-10-21 | Motion for directions, for an order extending until Feb. 5\92, the period of temporary validity during which s. 542(2) of the Cr.C. continued to be of force and effect - 10 copies | Attorney General of Canada |
| 1991-10-04 | Affidavit, of Murray D. Segal (10 copies), with service | Her Majesty the Queen |
| 1991-10-04 | Affidavit, of Henry Tyrell (10 copies), with service | Her Majesty the Queen |
| 1991-10-04 | Motion for directions, 1) Order extending until January 17, 1992,the period of temporary validity during which s.542(2) [now s.614(2)] of the Criminal Code continues to be of force and effect; and 2) an interim order extending, pending the determination of this Motion, the peri | Her Majesty the Queen |
| 1991-09-19 | Correspondence (sent by the Court) to, of Robert E. Houston, Q.C. informing that the Attorney General of Ontario is concerned that the legislation to amend the Criminal Code, sec. 542 (2) may not be finalised by November 2, 1991. The Court held that sec. 542(2) would have temporary validity fo | |
| 1991-08-29 | Record returned to the Registrar of the Court of Appeal, (Tor., Ont.) | |
| 1991-05-07 | Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON) | |
| 1991-05-07 | Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey | |
| 1991-05-07 | Copy of formal judgment being prepared, Ivan G. Whitehall, Q.C. C/O A.G. of Canada (Toronto,ON) | |
| 1991-05-07 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1991-05-07 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON) | |
| 1991-05-07 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-05-07 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1991-05-02 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottaw,ON) | |
| 1991-05-02 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-05-02 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON) | |
| 1991-05-02 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1991-05-02 | Notice of deposit of judgment sent to all parties, Ivan G. Whitehall, Q.C. C/O Dept. of Justice (Toronto,ON) | |
| 1991-05-02 | Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON) | |
| 1991-05-02 |
Judgment on the appeal rendered, CJ W LaF L'HD So G Co, The appeal is allowed and a stay of proceedings is entered, L'Heureux-Dubé J. dissenting. Allowed, no order as to costs |
|
| 1990-03-02 | General proceeding, transcripts received and distributed to the justices(168 pages) | |
| 1990-02-19 |
Hearing of the appeal, 1990-02-19, CJ W LaF L'HD So G Co Decision reserved |
|
| 1990-02-15 | Order on motion for additional time to present oral argument | |
| 1990-02-14 | Response to the motion for additional time to present oral argument, for A.G. Cda, with service | Her Majesty the Queen |
| 1990-02-13 | Book of authorities, 10 copies, with service | Her Majesty the Queen |
| 1990-02-13 | Book of authorities, 10 copies, vols 1 to 4, with service | Lieutenant Governor's Board of Review of Ontario |
| 1990-02-13 | Correspondence (sent by the Court) to, re does not consent to A.G. Cda's extenstion of time for oral argument; from Heather Perkins- McVey | |
| 1990-02-13 |
Decision on motion for additional time to present oral argument, to 30 minutes,the appellant is not consentiing to the motion but does not object., LaF Granted, no order as to costs |
|
| 1990-02-13 | Hearing of motion for additional time to present oral argument, 1990-02-13, to 30 minutes,the appellant is not consentiing to the motion but does not object., LaF | |
| 1990-02-13 | Submission of motion for additional time to present oral argument, 1990-02-13, to 30 minutes,the appellant is not consentiing to the motion but does not object., LaF | |
| 1990-02-12 | Response to the motion for additional time to present oral argument, of the Attorney General of Canada | Lieutenant Governor's Board of Review of Ontario |
| 1990-02-09 | Affidavit, of Barbara Glendinning, with service | Attorney General of Canada |
| 1990-02-09 | Motion for additional time to present oral argument, 2 copies, with service | Attorney General of Canada |
| 1990-02-09 | Book of authorities, 10 copies | Attorney General of Canada |
| 1990-02-08 |
Decision on motion to file a lengthy factum, over 20, (32 pages), LaF Dismissed, no order as to costs |
|
| 1990-02-08 | Hearing of motion to file a lengthy factum, 1990-02-08, over 20, (32 pages), LaF | |
| 1990-02-08 | Submission of motion to file a lengthy factum, 1990-02-08, over 20, (32 pages), LaF | |
| 1990-02-08 | Decision on motion to extend time, to amend constitutional question and for an order amending a constitutional question, | |
| 1990-02-08 | Decision on motion to extend time, to amend a constitutional question and for an order amending a constitutional question, | |
| 1990-02-08 |
Hearing of motion to extend time, 1990-02-08, to amend constitutional question and for an order amending a constitutional question, Decision reserved |
|
| 1990-02-08 |
Submission of motion to extend time, 1990-02-08, to amend constitutional question and for an order amending a constitutional question, Decision reserved Traversed, no order as to costs |
|
| 1990-02-07 | Book of authorities, 10 copies of vols 1 to 5, with service | Canadian Disability Rights Council |
| 1990-02-06 | Intervener's factum, 21 copies (revised Feb. 12\90), with service | Lieutenant Governor's Board of Review of Ontario |
| 1990-02-06 | Affidavit, to amend a constitutional question and for an order amending constitutional question of Clayton C. Ruby, and Gwen Brodsky., with service | Owen Lloyd Swain |
| 1990-02-06 | Motion to extend time, to amend a constitutional question and for an order amending a constitutional question,, with service | Owen Lloyd Swain |
| 1990-02-06 | Affidavit, in support of seeking an amendment to the Constitutional questions of Clayton C. Ruby, Gwen Brodsky and Eric H. Siebenmorgen, with service | Owen Lloyd Swain |
| 1990-02-06 | General proceeding, notice of motion seeking an amendment to the Constitutional questions, 2 copies, with service | Owen Lloyd Swain |
| 1990-02-06 | Response to the motion to file a lengthy factum, joint with Respondent | Owen Lloyd Swain |
| 1990-02-06 | Affidavit, of Paul J. French | Lieutenant Governor's Board of Review of Ontario |
| 1990-02-06 | Motion to file a lengthy factum, over 20 pages, | Lieutenant Governor's Board of Review of Ontario |
| 1990-01-29 | Intervener's factum, 21 copies, with service | Canadian Disability Rights Council |
| 1990-01-29 |
Appeal hearing scheduled, 1990-02-19 Decision reserved |
|
| 1990-01-26 | Respondent's factum, 21 copies | Her Majesty the Queen |
| 1990-01-24 | Notice of withdrawal | Attorney General of British Columbia |
| 1990-01-23 | Response to miscellaneous motion, With service | Her Majesty the Queen |
| 1990-01-23 |
Decision on miscellaneous motion, for an order extending the time alloted for oral argument and with consent of the respondent provided he be alloted equivilant time., CJ Granted, no order as to costs |
|
| 1990-01-23 | Hearing of miscellaneous motion, 1990-01-23, for an order extending the time alloted for oral argument and with consent of the respondent provided he be alloted equivilant time., CJ | |
| 1990-01-23 | Submission of miscellaneous motion, 1990-01-23, for an order extending the time alloted for oral argument and with consent of the respondent provided he be alloted equivilant time., CJ | |
| 1990-01-19 | Intervener's factum, 22 copies, with service | Attorney General of Canada |
| 1990-01-18 | Notice of miscellaneous motion, for an order extending the time alloted for oral argument and with consent of the respondent provided he be allotted equivilent time,, with service | Owen Lloyd Swain |
| 1990-01-18 | Affidavit, of Clayton C. Ruby (2 copies), with service | Owen Lloyd Swain |
| 1990-01-18 | Notice of miscellaneous motion, 2 copies for an order extending the time allotted for the appellant's oral argument, with service | Owen Lloyd Swain |
| 1989-10-16 | Service, authorities | |
| 1989-10-05 | Book of authorities, 21 copies of volumes 1 to 10 (11 copies have been returned to Shore, Davis. | Owen Lloyd Swain |
| 1989-07-10 | Certified casebook | Owen Lloyd Swain |
| 1989-06-22 | Appeal perfected for hearing, Session beginning on 1989-10-02 | |
| 1989-06-19 | Appellant's factum, , 21 copies of corrected factum, with service | Owen Lloyd Swain |
| 1989-06-13 |
Decision on motion to file a lengthy factum, (the factum is not to exceed 52 pages)., So Granted, no order as to costs |
|
| 1989-06-13 | Hearing of motion to file a lengthy factum, 1989-06-13, (the factum is not to exceed 52 pages)., So | |
| 1989-06-13 | Submission of motion to file a lengthy factum, 1989-06-13, (the factum is not to exceed 52 pages)., So | |
| 1989-06-12 | Response to the motion to file a lengthy factum | Her Majesty the Queen |
| 1989-06-08 | Affidavit, , 2 copies | Owen Lloyd Swain |
| 1989-06-08 | Motion to file a lengthy factum, , 2 copies | Owen Lloyd Swain |
| 1988-10-14 | Order on motion for leave to intervene | |
| 1988-06-16 |
Decision on the motion for leave to intervene, (Canadian Disability Rights Council,the Canadian Mental Health Association, and the Canadian Assoc. for Community Living to file a factum, and present an oral argument no longer than 20 minutes.), W Granted, no order as to costs |
|
| 1988-06-16 | Hearing of motion for leave to intervene, 1988-06-16, (Canadian Disability Rights Council,the Canadian Mental Health Association, and the Canadian Assoc. for Community Living to file a factum, and present an oral argument no longer than 20 minutes.), W | |
| 1988-06-16 | Submission of motion for leave to intervene, 1988-06-16, (Canadian Disability Rights Council,the Canadian Mental Health Association, and the Canadian Assoc. for Community Living to file a factum, and present an oral argument no longer than 20 minutes.), W | |
| 1988-06-14 |
Hearing of motion for leave to intervene, 1988-06-14, on behalf of Canadian Disability Rights Council, Canadian Mental Health Assoc., and Cdn. Assoc. for Community Living, Decision reserved |
|
| 1988-06-14 |
Submission of motion for leave to intervene, 1988-06-14, on behalf of Canadian Disability Rights Council, Canadian Mental Health Assoc., and Cdn. Assoc. for Community Living, Decision reserved |
|
| 1988-06-08 | Affidavit | Canadian Disability Rights Council |
| 1988-06-07 | Motion for leave to intervene, 2 copies, with service | Canadian Disability Rights Council |
| 1988-04-29 | Case on appeal, (20 copies Vol 1-11) | Owen Lloyd Swain |
| 1988-03-04 | Order on motion for leave to intervene | |
| 1988-02-25 |
Decision on the motion for leave to intervene, La, . Decision re. That the Lieutenant Govenor's Board of Review of Ontario will file a Factum and may pr esent an oral argument no longer than 20 minutes. The intervenant shall assume any additional costs incurred by the parties as a result thereof on a s olicitor client basis. Granted, no order as to costs |
|
| 1988-02-25 | Hearing of motion for leave to intervene, 1988-02-25, La | |
| 1988-02-25 | Submission of motion for leave to intervene, 1988-02-25, La | |
| 1988-02-24 | Appeal court record | |
| 1988-02-24 | Response to the motion for leave to intervene | Owen Lloyd Swain |
| 1988-02-19 | Affidavit | Lieutenant Governor's Board of Review of Ontario |
| 1988-02-19 | Motion for leave to intervene, With service | Lieutenant Governor's Board of Review of Ontario |
| 1987-10-28 | Notice of constitutional question(s), (1 copy) | Owen Lloyd Swain |
| 1987-10-27 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1987-10-21 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1987-09-25 | Order on motion to state a constitutional question | |
| 1987-09-25 |
Decision on the motion to state a constitutional question, for details see Registrar's red book. Interventions by Oct 26/87, CJ Granted, no order as to costs |
|
| 1987-09-25 | Hearing of the motion to state a constitutional question, 1987-09-25, for details see Registrar's red book. Interventions by Oct 26/87, CJ | |
| 1987-09-25 | Submission of motion to state a constitutional question, 1987-09-25, for details see Registrar's red book. Interventions by Oct 26/87, CJ | |
| 1987-09-21 | Correspondence (sent by the Court) to, dated Sep 21/87 from R. Houston re: constituional question | |
| 1987-09-15 | Correspondence (sent by the Court) to, dated Sep 10/87 from J.M. Malek re: change of date for motion | |
| 1987-09-03 | Motion to state a constitutional question, With service | Owen Lloyd Swain |
| 1987-04-28 | Order granting leave to appeal | |
| 1987-04-21 | Notice of appeal, With service | Owen Lloyd Swain |
| 1987-03-26 |
Judgment of the Court on the application for leave to appeal, E La W Granted, no order as to costs |
|
| 1986-11-24 |
Hearing of the application for leave to appeal, 1986-11-24, E La W Decision reserved |
|
| 1986-11-24 |
All materials on application for leave submitted to the Judges, 1986-11-24, E La W Decision reserved |
|
| 1986-11-07 | Respondent's response on the application for leave to appeal, (5 copies) | Her Majesty the Queen |
| 1986-10-28 | Correspondence received from, dated Oct 21/86 Re: Nov 24 hearing | |
| 1986-09-12 | Application for leave to appeal, (5 copies), Completed on: 1986-09-12 | Owen Lloyd Swain |
| 1986-06-06 | Motion to extend the time to file and or serve the application for leave to appeal, With service | Owen Lloyd Swain |
| 1986-05-06 | Notice of application for leave to appeal, With service | Owen Lloyd Swain |
| 1986-02-21 | Notice of appeal, With service | Owen Lloyd Swain |
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 |
|---|---|---|
| Swain, Owen Lloyd | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Canadian Disability Rights Council | Intervener | Active |
| Canadian Mental Health Association | Intervener | Active |
| Canadian Association for Community Living | Intervener | Active |
| Lieutenant Governor's Board of Review of Ontario | Intervener | Active |
Counsel
Party: Swain, Owen Lloyd
Counsel
Clayton Ruby
M. Code
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4595
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Attorney General of Canada
284 Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4801
FAX: (613) 952-8713
Party: Canadian Disability Rights Council
Counsel
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Canadian Mental Health Association
Counsel
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Canadian Association for Community Living
Counsel
815 - 815 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1B4
Telephone: (604) 687-3063
FAX: (604) 682-7896
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Lieutenant Governor's Board of Review of Ontario
Counsel
2400 - 200 BAY ST
BOX 45
TORONTO, Ontario
M5J 2P6
Telephone: (416) 367-1608
FAX: (416) 367-8821
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
District Court of Ontario
Not available
Ruling that s. 542(2) of the Code does not infringe the Charter
Court of Appeal for Ontario
469/85
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