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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Andrews, Donald Clarke Applicant Active
Smith, Robert Wayne Applicant Active

v.

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

Other parties

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
J. David McCombs
David E. Harris
Carter, McCombs & Minden
200 - 425 UNIVERSITY AVE
TORONTO, Ontario
M5G 1T6
Telephone: (416) 597-1320
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Smith, Robert Wayne

Counsel
J. David McCombs
Carter, McCombs & Minden
200 - 425 UNIVERSITY AVE
TORONTO, Ontario
M5G 1T6
Telephone: (416) 597-1320
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Her Majesty the Queen

Counsel
Gregory J. Fitch
Douglas C. Hunt, Q.C.
Attorney General for Ontario
602 - 865 HORNBY ST
VANCOUVER, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Canadian Jewish Congress

Counsel
John I. Laskin
Davies Ward Phillips & Vineberg LLP
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
Mark J. Sandler
Cooper, Sandler & West
1900 - 439 UNIVERSITY AVE
TORONTO, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372

Party: Canadian Civil Liberties Association

Counsel
Marc Rosenberg, Q.C.
Greenspan & Associates
144 KING ST E
TORONTO, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994

Party: Attorney General of New Brunswick

Agent
Brian A. Crane, Q.C.
Gowling Lafleur 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
D. Martin Low, Q.C.
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997

Party: Attorney General of Manitoba

Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Agent
Sylvie Roussel
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: InterAmicus

Counsel
Joseph R. Nuss, Q.C.
Irwin Cotler
Ahern, Lalonde, Nuss & Drymer
3333 - 1 PL VILLE-MARIE
MONTRÉAL, Quebec
H3B 3N2
Telephone: (514) 866-9757
FAX: (514) 866-5269
Agent
Brian C. Elkin
Ogilvy, Renault
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
Leslie Hardy
Women's Legal Education & Action Fund
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191

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

December 9, 1985
District Court of Ontario

Not listed

Conviction: Wilful promotion of hatred against an identifiable group

July 29, 1988
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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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.

Downloadable PDFs

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Date modified: 2025-05-13