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.
21034
Donald Clarke Andrews, et al. 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) |
---|---|---|
1994-07-06 | Close file for archive | |
1994-07-06 | Appeal closed | |
1991-02-01 | Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Davies, Ward & Beck (Toronto,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Cooper, Sandler & West (Toronto,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Greenspan, Rosenberg (Toronto,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
1991-02-01 | Copy of formal judgment being prepared, D.M. Low C/O Dept. of Justice (Ottawa,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
1991-02-01 | Copy of formal judgment being prepared, Ogilvy, Renault (Ottawa,ON) | |
1991-02-01 | Copy of formal judgment being prepared, Women's Legal Education & Action Fund (Toronto,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Women's Legal Education & Action fund (Tor,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Ogilvy, Renault (Ottawa,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Greenspan, Rosenberg (Toronto,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Cooper, Sandler & West (Toronto,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Davies, Ward & Beck (Toronto,ON) | |
1990-12-14 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
1990-12-13 |
Judgment on the appeal rendered, CJ W LaF L'HD So G McL, The appeal is dismissed, La Forest, Sopinka and McLachlin JJ. dissenting. Dismissed, no order as to costs |
|
1990-01-04 | General proceeding | |
1990-01-04 | General proceeding, transcripts received and distributed to the justices (132 pages) | |
1989-12-04 |
Hearing of the appeal, 1989-12-04, (Appeal heard Dec 4th & 5th), CJ W LaF L'HD So G McL Decision reserved |
|
1989-12-01 | Book of authorities, (10 copies) vols. 1 & 2 | Canadian Jewish Congress |
1989-12-01 | Book of authorities, (10 copies) vols. l to 5, with service | Her Majesty the Queen |
1989-12-01 | Intervener's factum, 21 copies, with service | InterAmicus |
1989-12-01 | Order on motion for leave to intervene | |
1989-11-30 | Book of authorities, (10 copies) vols. 1 to 3 | Women's Legal Education and Action Fund |
1989-11-30 | Intervener's factum, (19 copies) joint with 21118 | League for Human Rights of B'nai Brith Canada |
1989-11-29 | Intervener's factum, 20 copies, joint with 21118, | Women's Legal Education and Action Fund |
1989-11-29 | Book of authorities, 10 copies (joint) vols. 1, 2, | Attorney General of Canada |
1989-11-29 | Intervener's factum, 22 copies, | Attorney General of Canada |
1989-11-29 | Intervener's factum, 25 copies, *joint with 20462, 21118,* | Attorney General of Quebec |
1989-11-29 | Intervener's factum, 20 copies, to be used on 21118 also., with service | Canadian Jewish Congress |
1989-11-29 | Intervener's factum, 22 copies,, with service | Attorney General of Manitoba |
1989-11-28 | Agreement as to contents of case | Donald Clarke Andrews |
1989-11-28 | Case on appeal, 22 copies | Donald Clarke Andrews |
1989-11-27 | Service, (served copy of factum), with service | |
1989-11-24 | Respondent's factum, 21 copies, | Her Majesty the Queen |
1989-11-24 | Intervener's factum, 20 copies, | Attorney General of New Brunswick |
1989-11-17 | Intervener's factum, 21 copies, with service | Canadian Civil Liberties Association |
1989-10-30 | Appellant's factum, 21 copies, with service | Donald Clarke Andrews |
1989-10-24 |
Decision on the motion for leave to intervene, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co Granted, no order as to costs |
|
1989-10-24 | Hearing of motion for leave to intervene, 1989-10-24, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co | |
1989-10-24 | Submission of motion for leave to intervene, 1989-10-24, & extension of time on behalf of the Women's Legal Education and Action Fund is granted. The factum is limited to 15 pages with liberty to apply to make oral submissions to the panel hearing the appeal., Co | |
1989-10-13 | Response to the motion for leave to intervene, on behalf of the Women's Legal Education and Action Fund | Her Majesty the Queen |
1989-10-10 |
Appeal hearing scheduled, 1989-12-04 Decision reserved |
|
1989-09-29 | Affidavit, to intervene, with service | Women's Legal Education and Action Fund |
1989-09-29 | Motion to extend time, to intervene, with service | Women's Legal Education and Action Fund |
1989-09-29 | Affidavit, With service | Women's Legal Education and Action Fund |
1989-09-29 | Motion for leave to intervene, With service | Women's Legal Education and Action Fund |
1989-09-19 |
Decision on the motion for leave to intervene, on behalf of InterAmicus is granted & limited to a factum not to exceed 15 pages. If some point is raised which requires oral submission counsel is always at liberty to apply during the hearing to be heard., Co Granted, no order as to costs |
|
1989-09-19 | Hearing of motion for leave to intervene, 1989-09-19, on behalf of InterAmicus is granted & limited to a factum not to exceed 15 pages. If some point is raised which requires oral submission counsel is always at liberty to apply during the hearing to be heard., Co | |
1989-09-19 | Submission of motion for leave to intervene, 1989-09-19, on behalf of InterAmicus is granted & limited to a factum not to exceed 15 pages. If some point is raised which requires oral submission counsel is always at liberty to apply during the hearing to be heard., Co | |
1989-09-18 | Appeal perfected for hearing, Session beginning on 1989-10-02 | |
1989-09-13 | Affidavit | InterAmicus |
1989-09-13 | Motion for leave to intervene, With service | InterAmicus |
1989-09-07 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
1989-09-07 | General proceeding, to note Appeal to be heard December 4, 1989 together with the Appeals "The Queen v. James Keegstra" (21118), and "John Ross Taylor et al. v. Canadian Humanr Rights Commission" et al. (20462) | |
1989-09-06 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
1989-08-29 | Service, of the intervention. (Pamela Burke), with service | |
1989-08-29 |
Decision on the motion for leave to intervene, on behalf of the Canadian Civil Liberties Ass. and the League for Human Rights of B'Nai Brith Canada limited to written submissions which are not to exceed 15 pages., LaF Granted, no order as to costs |
|
1989-08-29 | Hearing of motion for leave to intervene, 1989-08-29, on behalf of the Canadian Civil Liberties Ass. and the League for Human Rights of B'Nai Brith Canada limited to written submissions which are not to exceed 15 pages., LaF | |
1989-08-29 | Submission of motion for leave to intervene, 1989-08-29, on behalf of the Canadian Civil Liberties Ass. and the League for Human Rights of B'Nai Brith Canada limited to written submissions which are not to exceed 15 pages., LaF | |
1989-08-29 | General proceeding, (proof of service of the intervention motion of th e Canadian Civil Liberties, and affidavit of Mr. B orovoy.) | |
1989-08-28 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
1989-08-28 | Notice of intervention respecting a constitutional question, With service | Attorney General of New Brunswick |
1989-08-24 | Correspondence (sent by the Court) to, re: Attorney General of Canada will not be taking any position either in support of, or against, the to intervene of Canadian Civil Liberties in both appeals. | |
1989-08-23 | Affidavit, of A. Alan Borovoy, (BooK), with service | Canadian Civil Liberties Association |
1989-08-23 | Motion for leave to intervene, With service | Canadian Civil Liberties Association |
1989-08-23 | Affidavit, of Moishe Smith,(Originals filed on Aug. 25 1989.), with service | League for Human Rights of B'nai Brith Canada |
1989-08-23 | Motion for leave to intervene, (Originals filed on Aug. 25 1989), with service | League for Human Rights of B'nai Brith Canada |
1989-08-14 | Notice of constitutional question(s), With service | Donald Clarke Andrews |
1989-08-11 | Order on motion to state a constitutional question | |
1989-08-10 |
Decision on the motion to state a constitutional question, (It is ordered that the A.G.'s who want to intervene must file a notice to that effect no later that Sept 08/1989. For further particulars, refer to Reg's Red Bk # 7 @ p.223), CJ Granted, no order as to costs |
|
1989-08-10 | Hearing of the motion to state a constitutional question, 1989-08-10, (It is ordered that the A.G.'s who want to intervene must file a notice to that effect no later that Sept 08/1989. For further particulars, refer to Reg's Red Bk # 7 @ p.223), CJ | |
1989-08-10 | Submission of motion to state a constitutional question, 1989-08-10, (It is ordered that the A.G.'s who want to intervene must file a notice to that effect no later that Sept 08/1989. For further particulars, refer to Reg's Red Bk # 7 @ p.223), CJ | |
1989-08-09 | Response to the motion to state a constitutional question | Donald Clarke Andrews |
1989-08-09 | Motion to state a constitutional question, (revised) | Donald Clarke Andrews |
1989-08-09 |
Decision on the motion for leave to intervene, on the condition that they be permitted to file a factum and be permitted to apply at the hearing of this appeal for status to be heard orally on the appeal., L'HD Granted, no order as to costs |
|
1989-08-09 | Hearing of motion for leave to intervene, 1989-08-09, on the condition that they be permitted to file a factum and be permitted to apply at the hearing of this appeal for status to be heard orally on the appeal., L'HD | |
1989-08-09 | Submission of motion for leave to intervene, 1989-08-09, on the condition that they be permitted to file a factum and be permitted to apply at the hearing of this appeal for status to be heard orally on the appeal., L'HD | |
1989-08-04 | Response to the motion for leave to intervene | Her Majesty the Queen |
1989-08-04 | Response to the motion for leave to intervene | Donald Clarke Andrews |
1989-08-04 | Motion to state a constitutional question, With service | Donald Clarke Andrews |
1989-07-21 | Affidavit, 2 copies, with service | Canadian Jewish Congress |
1989-07-21 | Motion for leave to intervene, 5 copies, with service | Canadian Jewish Congress |
1989-06-27 | Order granting leave to appeal | |
1989-06-26 | Notice of appeal | Donald Clarke Andrews |
1989-06-12 | Close file on Leave | |
1989-06-12 | Notice of deposit of judgment issued to all parties, Soloway, Wright, Houston & Associates (Ott., Ont.) | |
1989-06-08 |
Judgment of the Court on the application for leave to appeal, CJ W So, The application for leave to appeal is granted, the appeal to be heard together with the appeal of Her Majesty the Queen v. James Keegstra # 21118. Granted, no order as to costs |
|
1989-02-17 | Hearing of the application for leave to appeal scheduled | |
1989-02-10 |
Hearing of the application for leave to appeal, 1989-02-10, CJ W So Decision reserved |
|
1989-02-10 |
All materials on application for leave submitted to the Judges, 1989-02-10, CJ W So Decision reserved |
|
1989-02-08 |
Judgment of the Court on the application for leave to appeal, McI W So Oral hearing ordered, no order as to costs |
|
1989-02-08 | Hearing of the application for leave to appeal, 1989-02-08, McI W So | |
1989-02-08 | All materials on application for leave submitted to the Judges, 1989-02-08, McI W So | |
1989-01-25 | All materials on application for leave submitted to the Judges, McI W So | |
1988-12-07 |
Decision on motion to extend time, time to serve & file respondent's argument, So Granted, no order as to costs |
|
1988-12-07 | Hearing of motion to extend time, 1988-12-07, time to serve & file respondent's argument, So | |
1988-12-07 | Submission of motion to extend time, 1988-12-07, time to serve & file respondent's argument, So | |
1988-12-05 | Response to motion to extend time, time to serve & file respondent's argument, 2 copies | Donald Clarke Andrews |
1988-12-05 | Affidavit, time to serve & file respondent's argument, 2 copies | Her Majesty the Queen |
1988-12-05 | Motion to extend time, to serve & file respondent's argument, 2 copies, with service | Her Majesty the Queen |
1988-12-05 | Respondent's response on the application for leave to appeal, , 5 copies, with service | Her Majesty the Queen |
1988-11-08 |
Decision on motion to extend time to file and /or serve the leave application, W Granted, no order as to costs |
|
1988-11-08 | Hearing of motion to extend time to file and/ or serve the leave application, 1988-11-08, W | |
1988-11-08 | Submission of motion to extend time to file and/ or serve the leave application, 1988-11-08, W | |
1988-11-07 | Response to the motion to extend the time to file and / or serve the leave application | Her Majesty the Queen |
1988-11-07 | Affidavit | Donald Clarke Andrews |
1988-11-07 | Motion to extend the time to file and or serve the application for leave to appeal, With service | Donald Clarke Andrews |
1988-08-08 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-08-08 | Donald Clarke Andrews |
1988-08-02 | $30.00 filing fee, receipt # 12755 | Donald Clarke Andrews |
1988-08-02 | Notice of application for leave to appeal | Donald Clarke Andrews |
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 |
---|---|---|
Andrews, Donald Clarke | Applicant | Active |
Smith, Robert Wayne | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Canadian Jewish Congress | Intervener | Active |
League for Human Rights of B'nai Brith Canada | Intervener | Active |
Canadian Civil Liberties Association | Intervener | Active |
Attorney General of New Brunswick | Intervener | Active |
Attorney General of Canada | Intervener | Active |
Attorney General of Manitoba | Intervener | Active |
Attorney General of Quebec | Intervener | Active |
InterAmicus | Intervener | Active |
Women's Legal Education and Action Fund | Intervener | Active |
Counsel
Party: Andrews, Donald Clarke
Counsel
David E. Harris
200 - 425 UNIVERSITY AVE
TORONTO, Ontario
M5G 1T6
Telephone: (416) 597-1320
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Smith, Robert Wayne
Counsel
200 - 425 UNIVERSITY AVE
TORONTO, Ontario
M5G 1T6
Telephone: (416) 597-1320
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Her Majesty the Queen
Counsel
Douglas C. Hunt, Q.C.
602 - 865 HORNBY ST
VANCOUVER, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Canadian Jewish Congress
Counsel
1 FIRST CANADIAN PL 44TH FL
PO BOX 63
TORONTO, Ontario
M5X 1B1
Telephone: (416) 863-0900
FAX: (416) 863-0871
Party: League for Human Rights of B'nai Brith Canada
Counsel
1900 - 439 UNIVERSITY AVE
TORONTO, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372
Party: Canadian Civil Liberties Association
Counsel
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Party: Attorney General of New Brunswick
Agent
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
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Party: Attorney General of Manitoba
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: InterAmicus
Counsel
Irwin Cotler
3333 - 1 PL VILLE-MARIE
MONTRÉAL, Quebec
H3B 3N2
Telephone: (514) 866-9757
FAX: (514) 866-5269
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Women's Legal Education and Action Fund
Counsel
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
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 listed
Conviction: Wilful promotion of hatred against an identifiable group
Court of Appeal for Ontario
Not listed
Appeal against conviction dismissed - Appeal against sentence allowed.
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
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Related links
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.
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