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21080

Mary Charlotte Sullivan, et al. v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

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
1992-01-08 Appeal closed
1991-08-28 Record returned to the Registrar of the Court of Appeal, (Vanc., B.C.)
1991-04-02 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1991-04-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-04-02 Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON)
1991-04-02 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-03-21 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1991-03-21 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON)
1991-03-21 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-03-21 Judgment on the appeal rendered, CJ W LaF L'HD So G Co McL St, The appeal from the acquittal entered by the British Columbia Court of Appeal on the first count is dismissed. The appeal from the conviction entered by the British Columbia Court of Appeal on the second count is allowed, L'Heureux-Dubé J. dissenting.
Allowed, no order as to costs
1990-11-13 General proceeding, transcripts received and distributed to the justices (155 pages)
1990-10-30 Hearing of the appeal, 1990-10-30, CJ W LaF L'HD So G Co McL St
Decision reserved
1990-10-29 Service, of authorities vols 1 and 2
1990-10-26 Book of authorities, 10 copies of vol. I & II (joint with 21494) Women's Legal Education and Action Fund (L.E.A.F.)
1990-10-19 Order on motion for additional time to present oral argument
1990-10-19 Book of authorities, joint, 10 copies of vols. 1 and 2, with service Mary Charlotte Sullivan
1990-10-17 Correspondence (sent by the Court) to, from Mr. Burke-Robertson, re: explaining amended Respondent's factum
1990-10-15 Respondent's factum, 21 copies (AMENDED), with service Her Majesty the Queen
1990-10-05 Intervener's factum, 21 copies (joint with 21494), with service Women's Legal Education and Action Fund (L.E.A.F.)
1990-10-03 Order on motion to expedite the appeal, With service
1990-09-27 Appeal hearing scheduled, 1990-10-30
Decision reserved
1990-09-21 Order on motion to expedite the appeal
1990-09-17 Decision on motion for additional time to present oral argument, (time extended to 5 hrs. & 15 mins. for the hearing of these appeals), CJ
Granted, no order as to costs
1990-09-17 Hearing of motion for additional time to present oral argument, 1990-09-17, (time extended to 5 hrs. & 15 mins. for the hearing of these appeals), CJ
1990-09-17 Submission of motion for additional time to present oral argument, 1990-09-17, (time extended to 5 hrs. & 15 mins. for the hearing of these appeals), CJ
1990-09-17 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (namely October 30, 1990)
Granted, no order as to costs
1990-09-17 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-09-17, (namely October 30, 1990)
1990-09-17 Hearing of motion to expedite the appeal, 1990-09-17, (namely October 30, 1990)
1990-09-17 Submission of motion to expedite the appeal, 1990-09-17, (namely October 30, 1990)
1990-09-11 Response to the motion for additional time to present oral argument Her Majesty the Queen
1990-09-11 Response to motion to expedite the appeal Mary Charlotte Sullivan
1990-09-11 Affidavit, W. Charles Kent, with service Her Majesty the Queen
1990-09-10 Motion to expedite the appeal, (Oct. 30\90), with service Her Majesty the Queen
1990-09-07 Affidavit, With service Mary Charlotte Sullivan
1990-09-07 Motion for additional time to present oral argument, With service Mary Charlotte Sullivan
1990-08-28 General proceeding, 12 copies vol. 8 to 10 of excerpts of the transcri pt of evidence., with service Mary Charlotte Sullivan
1990-07-09 Book of authorities, 10 copies (joint with 21494), with service R.E.A.L. Women of Canada
1990-07-09 Intervener's factum, 21 copies, joint with 21494, with service R.E.A.L. Women of Canada
1990-06-06 General proceeding, 10 copies, vols 1 to 7 of excerpts of the transcript of evidence Mary Charlotte Sullivan
1990-04-11 Respondent's factum, 22 copies, with service Her Majesty the Queen
1990-04-05 Service, of the order of L'Heureux-Dubé J. dated 02/05/89 to the respondent
1990-04-05 Service, of the order of L'Heureux-Dubé J. dated 02/05/89 to the appellant
1990-03-20 Notice of hearing, With service Mary Charlotte Sullivan
1990-03-19 Order on motion to dispense with printing
1990-03-19 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1990-03-14 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, So
Granted, no order as to costs
1990-03-14 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-03-14, So
1990-03-14 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-03-14, So
1990-03-14 Appeal perfected for hearing, Session beginning on 1990-10-01
1990-03-13 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1990-03-13 Affidavit, With service Mary Charlotte Sullivan
1990-03-13 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service Mary Charlotte Sullivan
1990-03-01 Order on miscellaneous motion, for an order to vary., with service
1990-02-23 Decision on miscellaneous motion, Reg, to vary the order of the registrar dated 13/09/90, and to file for use at the hearing of the appeal, copies of the transcripts of evidence given by the appellants, and also that 12 copies of the said evidence be prepared and filed by the respondent, and 3 copies thereof be served on the appellant.
Granted, no order as to costs
1990-02-23 Hearing of miscellaneous motion, 1990-02-23, Reg
1990-02-23 Submission of miscellaneous motion, 1990-02-23, Reg
1990-02-19 Affidavit, of Deborah K. Lovett., with service Her Majesty the Queen
1990-02-19 Notice of miscellaneous motion, for an order to vary the order of the registrar dated 18/09/90 to allow the respondent to file for use at the hearing of the appeal copies of the transcripts of evidence given by the appellants at trial., with service Her Majesty the Queen
1990-02-13 Appellant's factum, 22 copies Mary Charlotte Sullivan
1989-09-13 Decision on motion to dispense with printing, (The motion is granted. The pages of the transcript of evidence refered to in the affidavit of Deborah K. Lovett, dated Aug.30/89, are to be filed in twelve (12) copies, for reasons of the Registrar see file), Reg
Granted, no order as to costs
1989-09-13 Hearing of motion to dispense with printing, 1989-09-13, (The motion is granted. The pages of the transcript of evidence refered to in the affidavit of Deborah K. Lovett, dated Aug.30/89, are to be filed in twelve (12) copies, for reasons of the Registrar see file), Reg
1989-09-13 Submission of motion to dispense with printing, 1989-09-13, (The motion is granted. The pages of the transcript of evidence refered to in the affidavit of Deborah K. Lovett, dated Aug.30/89, are to be filed in twelve (12) copies, for reasons of the Registrar see file), Reg
1989-09-01 Affidavit, With service Mary Charlotte Sullivan
1989-09-01 Motion to dispense with printing, of the evidence at trial and the exhibits, and also permitting the filing of one copy of the evidence as used by the Court of Appeal,, with service Mary Charlotte Sullivan
1989-08-15 Certified casebook, 1 copy Mary Charlotte Sullivan
1989-08-08 Appeal court record
1989-07-24 Case on appeal, 22 copies, with service Mary Charlotte Sullivan
1989-07-19 General proceeding, (ORDER ON MOTION TO QUASH) Mary Charlotte Sullivan
1989-07-14 Affidavit Mary Charlotte Sullivan
1989-07-14 Motion to dispense with printing, of the evidence at trial and the exibits, and also permitting the filling of one copy of the evidence as used by the Court of Appeal. Mary Charlotte Sullivan
1989-05-12 Order on motion for leave to intervene
1989-05-08 Decision on the motion for leave to intervene, on behalf of R.E.A.L. Women (oral argument limited to 15 minutes)., LaF
Granted, no order as to costs
1989-05-08 Hearing of motion for leave to intervene, 1989-05-08, on behalf of R.E.A.L. Women (oral argument limited to 15 minutes)., LaF
1989-05-08 Submission of motion for leave to intervene, 1989-05-08, on behalf of R.E.A.L. Women (oral argument limited to 15 minutes)., LaF
1989-05-02 Order on motion for leave to intervene
1989-05-01 Hearing of motion for leave to intervene, 1989-05-01, on behalf of R.E.A.L. Women.
Decision reserved
1989-05-01 Submission of motion for leave to intervene, 1989-05-01, on behalf of R.E.A.L. Women.
Decision reserved
1989-04-25 Affidavit, of C.G. Landolt, with service R.E.A.L. Women of Canada
1989-04-25 Motion for leave to intervene, With service R.E.A.L. Women of Canada
1989-04-25 Motion to extend time, time to file notice of intervention, with service R.E.A.L. Women of Canada
1989-03-13 Decision on motion to extend time, time to intervene (L.E.A.F. to file a factum of not more than 20 pages and oral argument limited to fifteen minutes), L'HD
Granted, no order as to costs
1989-03-13 Hearing of motion to extend time, 1989-03-13, time to intervene (L.E.A.F. to file a factum of not more than 20 pages and oral argument limited to fifteen minutes), L'HD
1989-03-13 Submission of motion to extend time, 1989-03-13, time to intervene (L.E.A.F. to file a factum of not more than 20 pages and oral argument limited to fifteen minutes), L'HD
1989-02-23 Motion to extend time, time to intervene, with service Women's Legal Education and Action Fund (L.E.A.F.)
1989-02-23 Affidavit, of C. Jefferson, 2 copies, with service Women's Legal Education and Action Fund (L.E.A.F.)
1989-02-23 Motion for leave to intervene, , 2 copies, with service Women's Legal Education and Action Fund (L.E.A.F.)
1989-02-22 Notice of appeal, With service Mary Charlotte Sullivan
1989-02-22 Order granting leave to appeal
1989-01-23 Close file on Leave
1989-01-23 Decision on the motion to quash the appeal, CJ McI La LaF L'HD
Dismissed, no order as to costs
1989-01-23 Hearing of the motion to quash, 1989-01-23, CJ McI La LaF L'HD
1989-01-23 Submission of motion to quash, 1989-01-23, CJ McI La LaF L'HD
1989-01-23 Judgment of the Court on the application for leave to appeal, CJ McI La LaF L'HD
Granted, no order as to costs
1989-01-23 Hearing of the application for leave to appeal, 1989-01-23, CJ McI La LaF L'HD
1989-01-23 All materials on application for leave submitted to the Judges, 1989-01-23, CJ McI La LaF L'HD
1989-01-20 Motion to quash, , 10 copies, with service Mary Charlotte Sullivan
1989-01-18 General proceeding, to note corrections on motion to quash Mary Charlotte Sullivan
1989-01-18 General proceeding, to note corrections on motion to quash Mary Charlotte Sullivan
1989-01-17 Affidavit, time to file notice of appeal of Peter Leask, with service Mary Charlotte Sullivan
1989-01-17 Motion to extend time, time to file notice of appeal, with service Mary Charlotte Sullivan
1989-01-16 Hearing of the motion to quash the appeal scheduled
1989-01-16 Hearing of the application for leave to appeal scheduled
1989-01-16 Respondent's response on the application for leave to appeal, 5 copies Her Majesty the Queen
1988-12-29 Motion to quash, 10 copies, with service Her Majesty the Queen
1988-11-22 Correspondence received from, dated Nov 15/88 from E.R.A. Edwards
1988-10-31 Notice of appeal, With service Mary Charlotte Sullivan
1988-09-27 Respondent's response on the application for leave to appeal, 5 copies Her Majesty the Queen
1988-09-06 Correspondence received from, dated Sept 6/88 from M. Gautreau & copy of letter from Berger to M. Gautreau
1988-09-06 $30.00 filing fee, receipt # 12862 Mary Charlotte Sullivan
1988-09-06 Application for leave to appeal, 5 copies 5 extra copies, Completed on: 1989-01-16 Mary Charlotte Sullivan

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
Sullivan, Mary Charlotte Applicant Active
Lemay, Gloria Jean Applicant Active

v.

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

Other parties

Other parties
Name Role Status
Women's Legal Education and Action Fund (L.E.A.F.) Intervener Active
R.E.A.L. Women of Canada Intervener Active

Counsel

Party: Sullivan, Mary Charlotte

Counsel
Names
Thomas R. Berger, Q.C.
Peter Leask
Contact information
Berger & Vanderkruyk
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Lemay, Gloria Jean

Counsel
Name
Thomas R. Berger, Q.C.
Contact information
Berger & Vanderkruyk
1300 - 355 Burrard St.
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-1311
FAX: (604) 684-6402
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Names
Bob Edwards
Deborah K. Lovett
Contact information
Attorney General of British Columbia
609 BROUGHTON ST
VICTORIA, British Columbia
V8W 1C8
Telephone: (604) 660-3093
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Women's Legal Education and Action Fund (L.E.A.F.)

Counsel
Names
Lynn A. Smith
M. Eberts
H. Orton
Contact information
GEORGE CURTIS BLDG
1822 EAST MALL
VANCOUVER, British Columbia
V6T 1Y1
Telephone: (604) 228-2177
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: R.E.A.L. Women of Canada

Counsel
Name
Angela M. Costigan
Contact information
Costigan & Costigan
410 - 120 CARLTON ST
TORONTO, Ontario
M5A 4K2
Telephone: (416) 922-8611
FAX: (416) 922-1963
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

October 9, 1986
County Court of British Columbia

CC8518814

Conviction:Criminal negligence causing death to foetus (See file for details)

July 28, 1988
Court of Appeal for British Columbia (Vancouver)

CA007092/CA007093

Appeal against conviction 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