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21578

D.A. W. v. Her Majesty the Queen

(Nova Scotia) (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)
1994-07-13 Appeal closed
1991-03-15 Formal judgment sent to the registrar of the court of appeal and all parties, (Halifax,NS)
1991-03-15 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-03-15 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-03-15 Copy of formal judgment being prepared, John R. Power, Q.C. C/O Dept. of Justice (Ott,ON)
1991-03-15 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-03-15 Copy of formal judgment being prepared, Brain Wilson (Ottawa,ON)
1991-03-15 Copy of formal judgment being prepared, Beament, Green, York, Manton (Ottawa,ON)
1990-05-31 Judgment on the appeal rendered, La W LaF L'HD G Co McL
Dismissed, no order as to costs
1990-05-31 Hearing of the appeal, 1990-05-31, La W LaF L'HD G Co McL
1990-05-29 Book of authorities, (supplementary) 20 copies (joint with 21587) Attorney General of Canada
1990-05-25 Intervener's factum, 21 copies (joint with 21587), with service Attorney General of Canada
1990-05-24 Intervener's factum, 1 copy (joint with 21245 - 21587), with service Attorney General of New Brunswick
1990-05-22 Service, of factum
1990-05-22 Service, of Factum of the Respondent, books 1 & 2, joint book of authorities and appendices
1990-05-22 Book of authorities, 1 copy (joint), with service Her Majesty the Queen
1990-05-22 Respondent's factum, 1 copy, with service Her Majesty the Queen
1990-05-22 Intervener's factum, 19 copies (joint with 21245 - 21587) Attorney General of New Brunswick
1990-05-18 Intervener's factum, 21 copies (joint with 21245 - 21587) Attorney General of Quebec
1990-05-18 Book of authorities, 10 copies of appendices to factums(joint with 21587), with service Her Majesty the Queen
1990-05-18 Book of authorities, 10 copies of JOINT BOOK (joint with 21587), with service D.A. W.
1990-05-18 Respondent's factum, 20 copies, with service Her Majesty the Queen
1990-05-16 Correspondence (sent by the Court) to, from R.B. Hubley,Q.C. advising that A.G. P.E.I. will rely on his factum as Respondent in D.T.M. for appeals 21587 J.T.F. and 21578 D.A.W.
1990-04-30 Appellant's factum, 21 copies, with service D.A. W.
1990-04-30 Appeal hearing scheduled, 1990-05-31
1990-04-30 Service, served copy of case on appeal, with service
1990-04-30 Service, served copy of case on appeal, with service
1990-04-27 Case on appeal, 21 copies D.A. W.
1990-04-26 Order on motion to adjourn the hearing of the appeal
1990-04-25 Intervener's factum, 20 copies (joint with 21245 - 21587), with service Attorney General for Ontario
1990-04-12 Notice of hearing, With service D.A. W.
1990-04-09 Appeal perfected for hearing, Session beginning on 1990-04-23
1990-04-03 Certified casebook D.A. W.
1990-03-27 Order on motion for leave to intervene
1990-03-27 Decision on the motion for leave to intervene, G
Granted, no order as to costs
1990-03-27 Hearing of motion for leave to intervene, 1990-03-27, G
1990-03-27 Submission of motion for leave to intervene, 1990-03-27, G
1990-03-27 Order on motion to extend time, time to file notice of intervention
1990-03-27 Decision on motion to extend time, time to apply for leave to intervene and leave to intervene, G
Granted, no order as to costs
1990-03-27 Hearing of motion to extend time, 1990-03-27, time to apply for leave to intervene and leave to intervene, G
1990-03-27 Submission of motion to extend time, 1990-03-27, time to apply for leave to intervene and leave to intervene, G
1990-03-22 Response to the motion for leave to intervene Her Majesty the Queen
1990-03-22 Response to the motion for leave to intervene D.A. W.
1990-03-22 Affidavit, of Brian H. Wilson Attorney General of Prince Edward Island
1990-03-22 Motion for leave to intervene, including an extension of time Attorney General of Prince Edward Island
1990-02-12 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1990-02-09 Notice of intervention respecting a constitutional question, 2 copies Attorney General of Quebec
1990-01-29 Notice of intervention respecting a constitutional question Attorney General of Canada
1990-01-25 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1990-01-22 Service, of Notice of Constitutional Questions, with service
1990-01-18 Order on motion to state a constitutional question
1990-01-05 Decision on the motion to state a constitutional question, (For Constitutional Questions see File or Reg's Red Bk. #7 @ p. 290. Interventions by Feb. 12/90). **(SAME ORDER AS 21587 J.T.F.)**, CJ
Granted, no order as to costs
1990-01-05 Hearing of the motion to state a constitutional question, 1990-01-05, (For Constitutional Questions see File or Reg's Red Bk. #7 @ p. 290. Interventions by Feb. 12/90). **(SAME ORDER AS 21587 J.T.F.)**, CJ
1990-01-05 Submission of motion to state a constitutional question, 1990-01-05, (For Constitutional Questions see File or Reg's Red Bk. #7 @ p. 290. Interventions by Feb. 12/90). **(SAME ORDER AS 21587 J.T.F.)**, CJ
1990-01-05 Motion to state a constitutional question, With service D.A. W.
1989-12-14 Order granting leave to appeal
1989-12-14 Notice of appeal, With service D.A. W.
1989-12-08 Close file on Leave
1989-12-08 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,On)
1989-12-08 Notice of deposit of judgment issued to all parties, Beament, Green, York & Manton (Ottawa,ON)
1989-12-07 Judgment of the Court on the application for leave to appeal, W LaF Co, The application for leave to appeal is granted, the appeal to be heard together with the appeals of D.T.M. v. Attorney General of Prince Edward Island and Attorney General of Canada, # 21245, and J.T.F. v. Her Majesty the Queen, # 21587.
Granted, no order as to costs
1989-12-07 Hearing of the application for leave to appeal, 1989-12-07, W LaF Co
1989-12-07 All materials on application for leave submitted to the Judges, 1989-12-07, W LaF Co
1989-10-18 Correspondence received from, Re: Objection to the applicant's reply to the respondent's argument, Her Majesty the Queen
1989-10-10 All materials on application for leave submitted to the Judges, W LaF Co
1989-10-02 Respondent's response on the application for leave to appeal, 5 copies,, with service Her Majesty the Queen
1989-09-12 $30.00 filing fee, receipt # 15700 D.A. W.
1989-09-12 Application for leave to appeal, 5 copies, with service, Completed on: 1989-09-12 D.A. W.

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
W., D.A. Applicant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Prince Edward Island Intervener Active

Counsel

Party: W., D.A.

Counsel
Name
Chandra Gosine
Contact information
Nova Scotia Legal Aid
400 - 5475 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3J 3T2
Telephone: (902) 420-3471
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: Her Majesty the Queen

Counsel
Names
Robert E. Lutes, Q.C.
R.B. Hubley
Contact information
Attorney General of Nova Scotia
5151 TERMINAL RD 3RD FL
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-8995
FAX: (902) 424-0653
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371

Party: Attorney General for Ontario

Counsel
Name
John Cavarzan, Q.C.
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 Canada

Counsel
Name
John R. Power, Q.C.
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4848

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 New Brunswick

Counsel
Name
Bruce Judah, Q.C.
Contact information
Attorney General of New Brunswick
Centennial Bldg
PO Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2514
FAX: (506) 453-3275
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 Prince Edward Island

Counsel
Names
Valerie A. Moore
R.B. Hubley
Contact information
Attorney General of Prince Edward Island
95 ROCHFORD ST
PO BOX 2000
CHARLOTTETOWN, Prince Edward Island
C1A 7N8
Telephone: (902) 368-5280
FAX: (902) 368-4563
Agent
Name
Brian H. Wilson, Q.C.
Contact information
900 - 155 Queen St
Ottawa, Ontario
K1P 5C9
Telephone: (613) 236-6641
FAX: (613) 563-9596

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 6, 1988
Supreme Court of Nova Scotia, Trial Division

65632

Finding that Provincial Crt. Judge has jurisdiction to sit as Youth Crt. Judge

May 10, 1989
Nova Scotia Court of Appeal

01968 and 01988

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