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21331

United States of America v. Charles McVey, II a.k.a. Charles Julius McVey

(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)
1994-07-11 Appeal closed
1993-05-11 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa, ON)
1993-05-11 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-05-07 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1993-03-31 Correspondence (sent by the Court) to, sent to Court of Appeal of British Columbia (Vancouver, BC) re: records sent back
1992-11-30 Correspondence (sent by the Court) to, from S. David Frankel, Q.C.; re: correct judgment to reflect the actual state of affairs
1992-11-23 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-11-23 Notice of deposit of judgment sent to all parties, The Deputy Attorney General of Canada (Ottawa,ON)
1992-11-19 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL, The appeal is allowed, the decisions of the Court of Appeal and the judge on habeas corpus are set aside, and the order of committal is restored, Lamer C.J., and Sopinka and Mclachlin JJ. dissenting.
Allowed, no order as to costs
1991-11-27 Correspondence (sent by the Court) to, from Chief Justice sent to Farris, Vaughan and S. David Frankel, Q.C.; re: we do not consider the matter moot, and will hand down our judgment in due course
1991-11-27 Correspondence (sent by the Court) to, from David Frankel, Q.C., dated Nov\22\91 and also Nov\25\91 (2 LETTERS)
1991-11-26 General proceeding, to note copy of letter dated Nov 25, 1991 of S.D. Frankel, Q.C. issued to Chief Justice Lamer (Re: List of cases should include Daigle v. Tremblay)
1991-11-25 Correspondence (sent by the Court) to, (fax) fr.David Frankel re: mootness
1991-11-25 General proceeding, to note copy of letter of S.D. Frankel issued to Chief Justice Lamer (Re: Moot matters)
1991-11-25 Correspondence (sent by the Court) to, (fax) fr. David Frankel re: add. authority
1991-11-20 Correspondence (sent by the Court) to, from Farris, Vaughan; re: Mr. McVey is no longer in Canada - case is moot
1991-11-19 Correspondence (sent by the Court) to, (fax) fr. Robert Anderson re: McVey has left the country therefore rendering the appeals moot
1991-11-15 General proceeding, transcripts received and distributed to the justices (150 pages)
1991-10-30 Hearing of the appeal, 1991-10-30, CJ LaF L'HD So G Co McL
Decision reserved
1991-10-30 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ LaF L'HD So G Co McL
Granted, no order as to costs
1991-10-30 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-10-30, CJ LaF L'HD So G Co McL
1991-10-30 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1991-10-30, CJ LaF L'HD So G Co McL
1991-10-30 Reply factum on appeal, 21 copies. United States of America
1991-10-29 Trial court exhibits, 1 box
1991-10-29 Affidavit, of Charles McVey 10 copies (joint with 21751) Charles McVey, II a.k.a. Charles Julius McVey
1991-10-29 Book of authorities, (BOOK III) 10 copies (joint with 21751) United States of America
1991-10-29 General proceeding, 10 copies of SUBMISSIONS ON THE SECTION 695(2) MOTION (to be heard with the appeal) (joint with 21751) Charles McVey, II a.k.a. Charles Julius McVey
1991-10-25 Decision on motion for directions, CJ, "It is ordered that 1) the appellant is allowed to file a response to the new issues raised by the respondent. 2) the appellant will have to show at the outset of the appeal why the appeal should not be quashed as an abandoned appeal in light of s. 695(2) of the Criminal Code. 3) the time allowed to the parties to argue the appeal is expanded to a full day."
Granted, no order as to costs
1991-10-25 Hearing of motion for directions, 1991-10-25, CJ
1991-10-25 Submission of motion for directions, 1991-10-25, CJ
1991-10-25 Decision on the motion to state a constitutional question, CJ
Dismissed, no order as to costs
1991-10-25 Hearing of the motion to state a constitutional question, 1991-10-25, CJ
1991-10-25 Submission of motion to state a constitutional question, 1991-10-25, CJ
1991-10-25 Decision on motion to extend time, to serve and file a motion to state constitutional Questions, CJ
Dismissed, no order as to costs
1991-10-25 Hearing of motion to extend time, 1991-10-25, to serve and file a motion to state constitutional Questions, CJ
1991-10-25 Submission of motion to extend time, 1991-10-25, to serve and file a motion to state constitutional Questions, CJ
1991-10-25 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 11 copies, with service United States of America
1991-10-24 Respondent's factum, 18 copies, with service Charles McVey, II a.k.a. Charles Julius McVey
1991-10-24 Affidavit, late service and filing of factums; Robert S. Anderson, with service Charles McVey, II a.k.a. Charles Julius McVey
1991-10-24 Motion for directions, 1) late service and filing of the factum; 2) issues in these appeals set for Oct. 29\91 be limited to those upon which leave has been granted by the appellant; 3) abridging the time for service and filing of the motion United States of America
1991-10-24 Motion to state a constitutional question, With service Charles McVey, II a.k.a. Charles Julius McVey
1991-10-24 Motion to extend time, to state constitutional questions, with service Charles McVey, II a.k.a. Charles Julius McVey
1991-10-24 Book of authorities, (COMMON) 10 copies United States of America
1991-10-24 Book of authorities, STATUTES AND TREATIES 10 copies (joint with 21751) United States of America
1991-10-02 Appeal hearing scheduled, 1991-10-30
Decision reserved
1991-08-23 Appeal perfected for hearing, Session beginning on 1991-10-01
1991-08-01 Appellant's factum, 24 copies, with service United States of America
1990-09-06 Certified casebook, vol.I to IV, with service United States of America
1990-09-06 Case on appeal, 20 copies of vol.I to IV United States of America
1990-02-12 Service, of application for leave to appeal
1989-09-25 Order granting leave to appeal
1989-08-04 Notice of appeal, (served copy), with service United States of America
1989-08-02 Notice of appeal United States of America
1989-06-14 Close file on Leave
1989-06-14 Notice of deposit of judgment issued to all parties, Deputy Attorney General of Canada (Ott., Ont.)
1989-06-14 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ott., Ont.)
1989-06-08 Judgment of the Court on the application for leave to appeal, La LaF G, The application for leave to appeal is granted.
Granted, no order as to costs
1989-06-08 Hearing of the application for leave to appeal, 1989-06-08, La LaF G
1989-06-08 All materials on application for leave submitted to the Judges, 1989-06-08, La LaF G
1989-03-13 All materials on application for leave submitted to the Judges, La LaF G
1989-02-10 Respondent's response on the application for leave to appeal, , 5 copies Charles McVey, II a.k.a. Charles Julius McVey
1989-01-23 Application for leave to appeal, 5 copies, Completed on: 1989-01-23 United States of America

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
United States of America Applicant Active

v.

Main parties - Respondents
Name Role Status
McVey, II a.k.a. Charles Julius McVey, Charles Respondent Active

Counsel

Party: United States of America

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
Agent
Name
Robert Frater
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: McVey, II a.k.a. Charles Julius McVey, Charles

Counsel
Name
Robert S. Anderson
Contact information
Farris, Vaughan, Wills & Murphy
2600 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
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

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

April 8, 1988
Supreme Court of British Columbia

CC880223

Application for warrant of committal granted

November 24, 1988
Court of Appeal for British Columbia (Vancouver)

CA 009485

Appeal dismissed

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