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21338

James B. v. Her Majesty the Queen

(Ontario) (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)
1994-07-11 Appeal closed
1992-12-22 Correspondence (sent by the Court) to, sent to Court of Appeal for Ontario Re: Court records returned.
1990-08-01 Copy of formal judgment being prepared, Judyth Rekai (Toronto,ON)
1990-08-01 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-08-01 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-08-01 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1990-08-01 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ott,ON)
1990-08-01 Formal judgment sent to the registrar of the court of appeal and all parties, (Toronto,ON)
1990-06-29 Notice of deposit of judgment sent to all parties, John C. Tait, Q.C. C/O Department of Justice (Ottawa,ON)
1990-06-29 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-06-29 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-06-29 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-06-29 Notice of deposit of judgment sent to all parties, Judyth Rekai (Toronto,ON)
1990-06-28 Judgment on the appeal rendered, CJ La W LaF So G Co, The appeal is dismissed.
Dismissed, no order as to costs
1989-03-28 General proceeding, transcript received and distributed to the Justices.
1989-03-23 Hearing of the appeal, 1989-03-23, CJ La W LaF So G Co
Decision reserved
1989-03-22 Service, of book of authorities.
1989-03-22 Notice of withdrawal, With service Attorney General of Manitoba
1989-03-22 General proceeding, joint book of authorities (21335-6-7), 10 copies of vols. 1-6. James B.
1989-03-21 Intervener's factum, , 21 copies total of Intervenor's factum for the four appeals, with service Attorney General of Quebec
1989-03-21 Intervener's factum, , 24 copies total of Intervenor's factum for the four appeals, with service Attorney General of Saskatchewan
1989-03-20 General proceeding, 21 copies of factum., with service Attorney General of Canada
1989-03-20 General proceeding, to note correction in the Appellants' joint factum in the four(4) appeals (pages 13 to 20 inclusive) James B.
1989-03-20 Respondent's factum, on the four(4) appeals, 21 copies total, with service Her Majesty the Queen
1989-03-10 Appellant's factum, , 21 copies, with service James B.
1989-03-07 Case on appeal, , 20 copies vols. 1 to 6 James B.
1989-03-07 Appeal court record
1989-02-27 Notice of intervention respecting a constitutional question Attorney General of Canada
1989-02-27 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1989-02-27 Notice of intervention respecting a constitutional question, With service Attorney General of Saskatchewan
1989-02-24 Appeal hearing scheduled, 1989-03-23
Decision reserved
1989-02-24 Notice of intervention respecting a constitutional question Attorney General of Quebec
1989-02-23 Notice of constitutional question(s), With service James B.
1989-02-15 Order on motion to state a constitutional question
1989-02-08 Appeal perfected for hearing, Session beginning on 1989-01-23
1989-02-08 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (appeal to be heard with Sheldon S. on March 23/ 89).
Granted, no order as to costs
1989-02-08 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-02-08, (appeal to be heard with Sheldon S. on March 23/ 89).
1989-02-08 Hearing of motion to expedite the appeal, 1989-02-08, (appeal to be heard with Sheldon S. on March 23/ 89).
1989-02-08 Submission of motion to expedite the appeal, 1989-02-08, (appeal to be heard with Sheldon S. on March 23/ 89).
1989-02-08 Decision on the motion to state a constitutional question, (For Constitutional Question see file or Reg's Red Bk. #7 @ p.139. Interventions by Feb 27/89. It is further ordered that the appeal will be heard concurrently with appeal #43, The Queen v. Sheldon S. on March 23/89.), CJ
Granted, no order as to costs
1989-02-08 Hearing of the motion to state a constitutional question, 1989-02-08, (For Constitutional Question see file or Reg's Red Bk. #7 @ p.139. Interventions by Feb 27/89. It is further ordered that the appeal will be heard concurrently with appeal #43, The Queen v. Sheldon S. on March 23/89.), CJ
1989-02-08 Submission of motion to state a constitutional question, 1989-02-08, (For Constitutional Question see file or Reg's Red Bk. #7 @ p.139. Interventions by Feb 27/89. It is further ordered that the appeal will be heard concurrently with appeal #43, The Queen v. Sheldon S. on March 23/89.), CJ
1989-02-02 Response to motion to expedite the appeal Her Majesty the Queen
1989-02-02 Affidavit James B.
1989-02-02 Motion to expedite the appeal James B.
1989-01-27 Notice of appeal, With service James B.

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
B., James 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
Attorney General of Manitoba Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: B., James

Counsel
Name
Judyth Rekai
Contact information
8 PRINCE ARTHUR AVE
TORONTO, Ontario
M5R 1A9

Party: Her Majesty the Queen

Counsel
Name
Brian J. Gover
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

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

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 Manitoba

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 Canada

Counsel
Names
John C. Tait, Q.C.
D.J.A. Rutherford, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997

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

August 23, 1988
Provincial Court of Ontario

Not available

Proceedings against Appellant stayed

December 29, 1988
Court of Appeal for Ontario

Not available

Appeal allowed - stay quashed and matterremitted to Prov. Court for trial

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