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20480

Her Majesty the Queen v. Norman Herbert Rooke, et al.

(British Columbia) (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)
1990-06-05 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON)
1990-06-05 Copy of formal judgment being prepared, Scott & Aylen (Ottawa,ON)
1990-06-05 Copy of formal judgment being prepared, S. David Frankel C/O Department of Justice (Ottawa,ON)
1990-05-17 General proceeding, reasons for judgment delivered
1990-05-17 General proceeding, to note reasons received today by deposit with the Registrar.
1990-05-08 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-03-21 Judgment on the appeal rendered, La W L'HD So G Co McL
Dismissed, no order as to costs
1990-03-21 Hearing of the appeal, 1990-03-21, La W L'HD So G Co McL
1990-03-16 General proceeding, 21 copies of Appellant's revised factum and reply Her Majesty the Queen
1990-02-27 Book of authorities, 10 copies, vols 1 and 2 Norman Herbert Rooke
1990-02-12 Order on miscellaneous motion, for additional time for oral submissions,
1990-02-06 Decision on miscellaneous motion, for additional time for oral submissions by each respondents .The respondents will have 45 minutes each for oral argument., CJ
Granted, no order as to costs
1990-02-06 Hearing of miscellaneous motion, 1990-02-06, for additional time for oral submissions by each respondents .The respondents will have 45 minutes each for oral argument., CJ
1990-02-06 Submission of miscellaneous motion, 1990-02-06, for additional time for oral submissions by each respondents .The respondents will have 45 minutes each for oral argument., CJ
1990-02-05 Response to miscellaneous motion, for additional time to make oral submissions, Her Majesty the Queen
1990-02-05 Affidavit, for additional time to make oral submissions by P. Michael Bolton, Norman Herbert Rooke
1990-02-05 Notice of miscellaneous motion, for an order for additional time for oral submissions by each of the respondents, Norman Herbert Rooke
1990-02-01 Appeal hearing
1990-01-17 Order on miscellaneous motion, that this appeal be heard in the session commencing April 23, 1990 rather than in the forthcoming Winter session,
1990-01-12 Decision on miscellaneous motion, to postpone the hearing of the appeal to March 21st. 1990,, La
Granted, no order as to costs
1990-01-12 Hearing of miscellaneous motion, 1990-01-12, to postpone the hearing of the appeal to March 21st. 1990,, La
1990-01-12 Submission of miscellaneous motion, 1990-01-12, to postpone the hearing of the appeal to March 21st. 1990,, La
1990-01-11 Response to miscellaneous motion, to postpone the hearing of the appeal, Roy Clive DeVries
1990-01-11 Response to miscellaneous motion, to postpone the hearing of the appeal, Norman Herbert Rooke
1990-01-11 Affidavit, to postpone the hearing of the appeal of David Frankel, Her Majesty the Queen
1990-01-11 Notice of miscellaneous motion, to postpone the hearing of the appeal to March 21 1990,, with service Her Majesty the Queen
1990-01-08 Respondent's factum, 21 copies Norman Herbert Rooke
1990-01-02 Correspondence (sent by the Court) to, dated Dec.22/89
1989-11-21 Case on appeal, 21 copies supplementary volume, with service Her Majesty the Queen
1989-10-13 Order on motion to adjourn the hearing of the appeal
1989-10-11 Appeal removed from the list
1989-10-11 Decision on motion to adjourn the hearing of the appeal, fr. Oct. 30/89 to the Jan. 1990 sittings., CJ
Granted, no order as to costs
1989-10-11 Hearing of motion to adjourn the hearing of the appeal, 1989-10-11, fr. Oct. 30/89 to the Jan. 1990 sittings., CJ
1989-10-11 Submission of motion to adjourn the hearing of the appeal, 1989-10-11, fr. Oct. 30/89 to the Jan. 1990 sittings., CJ
1989-10-11 Correspondence (sent by the Court) to, fr. Bayne, Sellar
1989-10-10 Appeal hearing scheduled, 1990-03-21
1989-10-10 Notice of change of counsel Norman Herbert Rooke
1989-10-10 General proceeding, Notice of change of Ottawa Agent from Bayne, Sellar, Boxall to Scott & Aylen, Norman Herbert Rooke
1989-10-10 Response to the motion to adjourn the hearing of the appeal Her Majesty the Queen
1989-10-10 Affidavit, of P. Michael Bolton, Norman Herbert Rooke
1989-10-10 Motion to adjourn the hearing of the appeal Norman Herbert Rooke
1989-10-06 Correspondence (sent by the Court) to, (FAX) fr. Bolton & Muldoon
1989-10-05 Book of authorities, 10 copies of vols. 1 and 2 Roy Clive DeVries
1989-09-21 Respondent's factum, 19 copies,, with service Roy Clive DeVries
1989-04-06 Notice of hearing, With service Her Majesty the Queen
1989-04-03 Order on motion to expedite the appeal
1989-04-03 Decision on motion to expedite the appeal, Reg
Granted, no order as to costs
1989-04-03 Hearing of motion to expedite the appeal, 1989-04-03, Reg
1989-04-03 Submission of motion to expedite the appeal, 1989-04-03, Reg
1989-03-31 Appellant's factum, , 21 copies, with service Her Majesty the Queen
1989-03-31 Appeal perfected for hearing, Session beginning on 1989-04-17
1989-03-31 Correspondence (sent by the Court) to, from S.R. Fainstein
1989-03-31 Response to motion to expedite the appeal, of deVries, with service Roy Clive DeVries
1989-03-31 Response to motion to expedite the appeal, of Rooke, with service Norman Herbert Rooke
1989-03-31 Affidavit, of David Frankel, with service Her Majesty the Queen
1989-03-31 Motion to expedite the appeal, With service Her Majesty the Queen
1989-03-03 Case on appeal, , 21 copies vols. 1 to 7 Her Majesty the Queen
1988-10-28 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1988-10-27 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, L'HD
Granted, no order as to costs
1988-10-27 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1988-10-27, L'HD
1988-10-27 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1988-10-27, L'HD
1988-10-26 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Roy Clive DeVries
1988-10-26 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Norman Herbert Rooke
1988-10-26 Affidavit Her Majesty the Queen
1988-10-26 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause Her Majesty the Queen
1988-06-20 Order granting leave to appeal
1988-06-10 Notice of appeal Her Majesty the Queen
1988-06-07 Correspondence received from, advising of judgment sent to Registrar (Van,BC)
1988-06-02 Judgment of the Court on the application for leave to appeal, CJ McI LeD
Granted, no order as to costs
1988-01-26 Hearing of the application for leave to appeal, 1988-01-26, CJ McI LeD
Decision reserved
1988-01-26 All materials on application for leave submitted to the Judges, 1988-01-26, CJ McI LeD
Decision reserved
1988-01-22 General proceeding, to note 5 copies of Applicant's reply Her Majesty the Queen
1988-01-20 Correspondence received from, from R.Clause (Re: Adopting R01's argument) Roy Clive DeVries
1988-01-11 Respondent's response on the application for leave to appeal, 5 copies Norman Herbert Rooke
1987-12-18 Order on motion to extend the time to file and/or serve the leave application
1987-12-17 Decision on motion to extend time to file and /or serve the leave application, L'HD
Granted, no order as to costs
1987-12-17 Hearing of motion to extend time to file and/ or serve the leave application, 1987-12-17, L'HD
1987-12-17 Submission of motion to extend time to file and/ or serve the leave application, 1987-12-17, L'HD
1987-12-16 Application for leave to appeal, 6 copies, Completed on: 1987-12-16 Her Majesty the Queen
1987-12-16 Response to the motion to extend the time to file and / or serve the leave application Norman Herbert Rooke
1987-12-16 Affidavit Her Majesty the Queen
1987-12-16 Motion to extend the time to file and or serve the application for leave to appeal Her Majesty the Queen
1987-07-08 $30.00 filing fee Her Majesty the Queen
1987-07-08 Notice of application for leave to appeal 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
Rooke, Norman Herbert Respondent Active
DeVries, Roy Clive Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
S. David Frankel, Q.C.
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599

Party: Rooke, Norman Herbert

Counsel
Name
P. Michael Bolton, Q.C.
Contact information
Bolton & Muldoon
976 RICHARDS ST
VANCOUVER, British Columbia
V6B 3C1
Telephone: (604) 687-7078
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: DeVries, Roy Clive

Counsel
Names
C. Jane Arnup
Edward L. Greenspan
Contact information
Greenspan & Associates
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Perkins-McVey & Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

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

May 30, 1985
Supreme Court of British Columbia

00000000000000000000

Conviction: Conspiracy to import Heroin

June 17, 1987
Court of Appeal for British Columbia (Vancouver)

CAV000109

Appeal 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

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