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20835

Nigel Gayme 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
1991-09-23 Appeal closed
1991-09-03 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa,ON)
1991-09-03 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-09-03 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1991-09-03 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-09-03 Copy of formal judgment being prepared, J.E. Thompson c/o Dept. of Justice (Ottawa,ON)
1991-09-03 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-09-03 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1991-08-22 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL St Ia, The appeals are dismissed. The order of the Court of Appeal that the cases proceed to trial is affirmed.
Dismissed, no order as to costs
1991-08-22 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1991-08-22 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1991-08-22 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-08-22 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey (Ottawa,ON)
1991-08-22 Notice of deposit of judgment sent to all parties, J.E. Thompson c/o Dept. of Justice (Ottawa,ON)
1991-08-22 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1991-07-02 General proceeding, 9 copies of decision of the United States Supreme Court: Michigan v. Nolan K. Lucas Nigel Gayme
1991-04-10 General proceeding, transcripts received and distributed to the justices (256 pages vol. 1 & 2)
1991-04-08 General proceeding, 10 copies of article; Haxton, Rape Shield Status Nigel Gayme
1991-03-26 Hearing of the appeal, 1991-03-26, (Appeal heard March 26th & 27th), CJ LaF L'HD So G Co McL St Ia
Decision reserved
1991-03-25 Correspondence (sent by the Court) to, from A. Roland sent to Mr J.E. Thompson (Toronto,ON) assuring him that his letter of March 20, 1991 has been received and will be brought to the Court's attention.
1991-03-22 Book of authorities, 10 copies of vol. I,II & III (joint with 20666) Her Majesty the Queen
1991-03-22 Book of authorities, 10 copies of vol. I & II (joint with 20666) Attorney General of Canada
1991-03-22 Respondent's factum, AMENDED 22 copies Her Majesty the Queen
1991-03-22 Service, of factum
1991-03-22 General proceeding, consent to file supplementary case on appeal Her Majesty the Queen
1991-03-21 Correspondence (sent by the Court) to, from Mr. Burke-Robertson; re: order that the appeals should be heard; McClure - Seaboyer - Gayme
1991-03-21 Book of authorities, 9 copies (joint with 20666) Canadian Civil Liberties Association
1991-03-20 Correspondence (sent by the Court) to, from Ross Macnab; re: he will be appearing on the appeal
1991-03-20 Correspondence (sent by the Court) to, from J.E. Thompson; re: corrections to be done in the factum
1991-03-19 Intervener's factum, 21 copies (joint with 20666), with service Attorney General of Saskatchewan
1991-03-19 Intervener's factum, 21 copies (joint with 20666), with service Canadian Civil Liberties Association
1991-03-19 General proceeding, 21 copies of supplementary case on appeal, with service Nigel Gayme
1991-03-19 Intervener's factum, 21 copies (joint with 20666), with service Women's Legal Education and Action Fund (LEAF)
1991-03-19 Book of authorities, 10 copies of vol. I,II & III (joint with 20666), with service Women's Legal Education and Action Fund (LEAF)
1991-03-18 Intervener's factum, 21 copies (joint with 20666), with service Attorney General of Quebec
1991-03-15 Affidavit, for an order to require the filing of the factums of the interveners on or before March 19, 1991 Nigel Gayme
1991-03-15 Notice of miscellaneous motion, for an order to require the filing of the factums of the interveners on or before March 19, 1991, with service Nigel Gayme
1991-03-15 Notice of withdrawal, With service Attorney General of Manitoba
1991-03-15 Respondent's factum, 21 copies Her Majesty the Queen
1991-03-14 Intervener's factum, 21 copies (joint with 20666), with service Attorney General of Canada
1991-02-06 Book of authorities, 10 copies of ADDENDUM to joint (joint with 20666), with service Nigel Gayme
1991-02-04 Appeal hearing
1991-02-04 Appeal removed from the list
1991-02-04 Order on motion to adjourn the hearing of the appeal, With service
1991-01-24 Decision on motion to adjourn the hearing of the appeal, with the consent of the parties in an accompanying appeal McClure vs. The Queen (21663), and Seaboyer vs. The Queen (20666). All three appeals to be heard Mar/26/91., CJ
Granted, no order as to costs
1991-01-24 Hearing of motion to adjourn the hearing of the appeal, 1991-01-24, with the consent of the parties in an accompanying appeal McClure vs. The Queen (21663), and Seaboyer vs. The Queen (20666). All three appeals to be heard Mar/26/91., CJ
1991-01-24 Submission of motion to adjourn the hearing of the appeal, 1991-01-24, with the consent of the parties in an accompanying appeal McClure vs. The Queen (21663), and Seaboyer vs. The Queen (20666). All three appeals to be heard Mar/26/91., CJ
1991-01-21 Response to the motion to adjourn the hearing of the appeal, With service Nigel Gayme
1991-01-21 Affidavit, of Murray Segal,, with service Her Majesty the Queen
1991-01-21 Motion to adjourn the hearing of the appeal, from Feb/25/91 to the week of Mar/25/91,, with service Her Majesty the Queen
1991-01-18 Appeal hearing scheduled, 1991-03-26
Decision reserved
1991-01-16 Book of authorities, JOINT 10 copies of vol. I to VIII (with 20666) Nigel Gayme
1990-12-04 Appeal perfected for hearing, Session beginning on 1991-01-21
1990-12-03 Appellant's factum, 28 copies, with service Nigel Gayme
1990-11-27 Correspondence (sent by the Court) to, sent to Mr. Jean-Paul Waldin (Toronto,ON) advising him that he is to appear before the Court on Friday December 14, 1990 to show cause why this appeal should not be quashed pursuant to subsection 695(2) of the Criminal Code of Canada.
1989-11-28 Service, (affidavits) of case on appeal
1989-10-17 Service, case on appeal
1989-10-13 Case on appeal, 21 copies Nigel Gayme
1989-01-24 Order on motion for leave to intervene
1989-01-20 Decision on the motion for leave to intervene, (On consent, motion granted. The groups will file a single factum combined with Seaboyer v. Queen (20666) consisting of not more than 25 pages and one joint oral argument of not more than 25 mins.), LaF
Granted, no order as to costs
1989-01-20 Hearing of motion for leave to intervene, 1989-01-20, (On consent, motion granted. The groups will file a single factum combined with Seaboyer v. Queen (20666) consisting of not more than 25 pages and one joint oral argument of not more than 25 mins.), LaF
1989-01-20 Submission of motion for leave to intervene, 1989-01-20, (On consent, motion granted. The groups will file a single factum combined with Seaboyer v. Queen (20666) consisting of not more than 25 pages and one joint oral argument of not more than 25 mins.), LaF
1989-01-06 Order on motion for leave to intervene, oral submission not to exceed 20 minutes in durati on
1988-12-20 Decision on the motion for leave to intervene, (Canadian Civil Liberties Association to file a factum and oral argument not to exceed 20 mins.), So
Granted, no order as to costs
1988-12-20 Hearing of motion for leave to intervene, 1988-12-20, (Canadian Civil Liberties Association to file a factum and oral argument not to exceed 20 mins.), So
1988-12-20 Submission of motion for leave to intervene, 1988-12-20, (Canadian Civil Liberties Association to file a factum and oral argument not to exceed 20 mins.), So
1988-12-20 Response to the motion for leave to intervene Nigel Gayme
1988-12-20 General proceeding, to note correspondence from Soloway (Re: Not opposing Intervention of Canadian Civil Liberties) Her Majesty the Queen
1988-11-30 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1988-11-28 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1988-11-25 Affidavit, With service Canadian Civil Liberties Association
1988-11-25 Motion for leave to intervene, With service Canadian Civil Liberties Association
1988-11-25 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1988-11-23 Affidavit, of Mary Lou Fassel, Legal Director the Barbra Schlifer Comm. Clinic, of Christine Jefferson, Executive Director of the Women's Legal Education and Action Fund; of Patricia Marshall, Executive Director of the Metro Action Committee on Public Violence Again Barbra Schlifer Commemorative Clinic et al
1988-11-23 Motion for leave to intervene, 2 copies, with service Barbra Schlifer Commemorative Clinic et al
1988-11-18 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1988-11-17 Notice of intervention respecting a constitutional question Attorney General of Quebec
1988-11-14 Notice of constitutional question(s), With service Nigel Gayme
1988-10-28 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Book #7 @ p.97. Interventions by Nov 30/88), CJ
Granted, no order as to costs
1988-10-28 Hearing of the motion to state a constitutional question, 1988-10-28, (For Constitutional Question see file or Reg's Red Book #7 @ p.97. Interventions by Nov 30/88), CJ
1988-10-28 Submission of motion to state a constitutional question, 1988-10-28, (For Constitutional Question see file or Reg's Red Book #7 @ p.97. Interventions by Nov 30/88), CJ
1988-10-28 Order on motion to state a constitutional question
1988-10-27 Decision on the motion to state a constitutional question, (see Red Book #7,p.97. Interventions by Nov 30/88), CJ
Granted, no order as to costs
1988-10-27 Hearing of the motion to state a constitutional question, 1988-10-27, (see Red Book #7,p.97. Interventions by Nov 30/88), CJ
1988-10-27 Submission of motion to state a constitutional question, 1988-10-27, (see Red Book #7,p.97. Interventions by Nov 30/88), CJ
1988-10-26 Response to the motion to state a constitutional question Nigel Gayme
1988-10-26 Motion to state a constitutional question, With service Nigel Gayme
1988-10-26 Notice of appeal, With service Nigel Gayme
1988-10-14 Order granting leave to appeal
1988-09-29 Judgment of the Court on the application for leave to appeal, (to be heard with Seaboyer v. The Queen [20666]), McI W So
Granted, no order as to costs
1988-09-29 Hearing of the application for leave to appeal, 1988-09-29, (to be heard with Seaboyer v. The Queen [20666]), McI W So
1988-09-29 All materials on application for leave submitted to the Judges, 1988-09-29, (to be heard with Seaboyer v. The Queen [20666]), McI W So
1988-09-28 Book of authorities, 5 copies - vols. 1 & 2 Nigel Gayme
1988-09-08 Hearing of the application for leave to appeal removed from schedule
1988-09-07 Hearing of the application for leave to appeal scheduled
1988-08-19 Application for leave to appeal ready to be heard (old rules)
1988-05-05 Respondent's response on the application for leave to appeal, 21 copies, with service Her Majesty the Queen
1988-05-02 Application for leave to appeal, 5 copies, with service, Completed on: 1988-05-02 Nigel Gayme
1988-03-27 Order on motion to extend the time to file and/or serve the leave application
1988-03-18 $30.00 filing fee, receipt # 12163 Nigel Gayme
1988-03-18 Decision on motion to extend time to file and /or serve the leave application, LeD
Granted, no order as to costs
1988-03-18 Hearing of motion to extend time to file and/ or serve the leave application, 1988-03-18, LeD
1988-03-18 Submission of motion to extend time to file and/ or serve the leave application, 1988-03-18, LeD
1988-03-18 Response to the motion to extend the time to file and / or serve the leave application Her Majesty the Queen
1988-03-18 Affidavit Nigel Gayme
1988-03-18 Motion to extend the time to file and or serve the application for leave to appeal Nigel Gayme
1988-03-18 Notice of application for leave to appeal Nigel Gayme

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
Gayme, Nigel Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General of Saskatchewan Intervener Active
Barbra Schlifer Commemorative Clinic et al Intervener Active
Women's Legal Education and Action Fund (LEAF) Intervener Active
Metro Action Committee on Public Violence Against Women and Children (METRAC) Intervener Pending
Metropolitan Toronto Special Committee on Child Abuse (the special committee) Intervener Pending
Women's College Hospital Sexual Assault Care Centre Team (S.A.C.C.) Intervener Pending
Canadian Association of Sexual Assault Centres (C.A.S.A.C.) Intervener Pending
Canadian Civil Liberties Association Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Gayme, Nigel

Counsel
Names
Jan-Paul Waldin
Allan Herman
Contact information
Waldin, de Kenedy
1403 - 55 QUEEN ST E
TORONTO, Ontario
M5C 1R6
Telephone: (416) 364-6761
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

Counsel
Names
W. Brian Trafford, Q.C.
Jeff Casey
Rosella Cornaviera
Contact information
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Jacques Gauvin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Saskatchewan

Counsel
Names
Brian Barrington-Foote, Q.C.
Ross McNabb
Contact information
Attorney General of Saskatchewan
1874 Scarth St 10th Fl
PO Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-6458
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: Barbra Schlifer Commemorative Clinic et al

Counsel
Names
Elizabeth J. Shilton Shilton
Anne Derrick
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
43 MADISON AVE
TORONTO, Ontario
M5R 2S2
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
Name
Catherine Aitken
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Women's Legal Education and Action Fund (LEAF)

Counsel
Names
Elizabeth J. Shilton Shilton
Anne Derrick
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
43 MADISON AVE
TORONTO, Ontario
M5R 2S2
Telephone: (416) 964-1115
FAX: (416) 964-5895
Agent
Name
Catherine Aitken
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Metro Action Committee on Public Violence Against Women and Children (METRAC)

Counsel
Name
Helena Orton
Contact information
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Name
Catherine Aitken
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Metropolitan Toronto Special Committee on Child Abuse (the special committee)

Counsel
Name
Helena Orton
Contact information
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Name
Catherine Aitken
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Women's College Hospital Sexual Assault Care Centre Team (S.A.C.C.)

Counsel
Name
Helena Orton
Contact information
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Name
Catherine Aitken
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Canadian Association of Sexual Assault Centres (C.A.S.A.C.)

Counsel
Name
Helena Orton
Contact information
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
Name
Catherine Aitken
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Canadian Civil Liberties Association

Counsel
Name
Daniel Macdonald
Contact information
McMillan Binch
3800 ROYAL BANK PLAZA SOUTH TOWER
TORONTO, Ontario
M5J 2J7
Telephone: (416) 865-7000
FAX: (416) 865-7048
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 Canada

Counsel
Names
J.E. Thompson, Q.C.
Adelyn L. Bowland
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4900

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

November 22, 1985
Supreme Court of Ontario

2240/85

Committal for trial quashed - Matter remitted to P.C. for cont. of Prelim. Hrg.

August 6, 1987
Court of Appeal for Ontario

986/85

Appeal allowed

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

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Webcasts

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Date modified: 2025-05-13