Case information
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22277
Her Majesty the Queen v. John Herbert Green
(Nova Scotia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1992-06-01 | Close file on Leave | |
| 1992-05-14 | Record returned to the Registrar of the Court of Appeal, (Halifax,NS) | |
| 1992-05-14 | Notice of deposit of judgment sent to all parties | |
| 1992-03-19 | Copy of formal judgment being prepared, Beament, Green, York, Manton (Ottawa,ON) | |
| 1992-03-19 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-03-18 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax) | |
| 1992-02-27 | Notice of deposit of judgment sent to all parties, Beament, Green, York, Manton (Ottawa,ON) | |
| 1992-02-27 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-02-27 |
Judgment on the appeal rendered, LaF L'HD So G Co St Ia, The appeal is dismissed. Dismissed, no order as to costs |
|
| 1992-02-21 | General proceeding, to note transcript of proceedings of this Court filed. | |
| 1992-02-07 |
Hearing of the appeal, 1992-02-07, LaF L'HD So G Co St Ia Decision reserved |
|
| 1992-02-06 | Correspondence (sent by the Court) to, from Beament, Green; re: Mr. Robert C. Hagell will appear for the hearing of Feb. 7/92 | |
| 1992-02-05 | Book of authorities, JOINT 11 copies | Her Majesty the Queen |
| 1992-02-03 | Correspondence (sent by the Court) to, from Gowling, Strathy; re: Douglas MacLellan, Q.C. and Morris Smith will appear as counsel | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Beament, Green, York, Manton; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-23 |
Appeal hearing scheduled, 1992-02-07 Decision reserved |
|
| 1992-01-09 | Notice of hearing, With service | Her Majesty the Queen |
| 1992-01-03 | Respondent's factum, 22 copies, with service | John Herbert Green |
| 1991-11-28 | Discontinuance of motion for leave to intervene, in form of a letter from Burke-Robertson dated Nov\26\91 | Attorney General of Newfoundland |
| 1991-11-14 | General proceeding, (TO NOTE) Notice of filing of factum pursuant to order of Mr. Justice Cory dated Aug.14/91, with service | Her Majesty the Queen |
| 1991-11-12 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1991-11-04 | Appeal perfected for hearing, Session beginning on 1992-01-27 | |
| 1991-09-23 | Order on motion to extend time, With service | |
| 1991-09-19 | General proceeding, agreement respecting new rules from appellant and respondent | Her Majesty the Queen |
| 1991-09-06 | Certified casebook, 1 copy, with service | Her Majesty the Queen |
| 1991-09-06 | Case on appeal, 23 copies | Her Majesty the Queen |
| 1991-08-14 |
Decision on the motion for leave to intervene, " It would appear that a relatively narrow point is raised on this appeal as a result it may be difficult for the applicant to demonstrate that additional or alternative submissions can be made in addition to those that will be set forth by the A.G. for Nova Scotia." However the Court should nor be deprived of assistance on what is conceded to be an important issue. In the result, this application is adjourned. It is to be brought on again within 15 days of the filing of the factum of the A.G. for Nova Scotia at which time the applicant may be able to demonstrate compliance with rule 18 . Notice of the filing of the factum of the A.G. for Nova Scotia will be given to the A.G. of Newfounland (this may be accomplished by serving the Ottawa Agent of the A.G. Nfld.) within 2 days of filing the factum and time will run from the date of service of the notice. Traversed, no order as to costs |
|
| 1991-08-14 |
Hearing of motion for leave to intervene, 1991-08-14 Adjourned |
|
| 1991-08-14 |
Submission of motion for leave to intervene, 1991-08-14 Adjourned |
|
| 1991-08-14 |
Decision on motion to extend time Traversed, no order as to costs |
|
| 1991-08-14 |
Hearing of motion to extend time, 1991-08-14 Adjourned |
|
| 1991-08-14 |
Submission of motion to extend time, 1991-08-14 Adjourned |
|
| 1991-08-07 | Correspondence (sent by the Court) to, of Henry S. Brown opposing application for leave to intervene by A.G. Newfoundland and confirming that the motion will be heard August 14, 1991 at 10:00 a.m. | |
| 1991-08-06 | Response to motion to extend time, for leave to intervene by A.G. Newfoundland | Her Majesty the Queen |
| 1991-08-06 | Response to the motion for leave to intervene | Her Majesty the Queen |
| 1991-08-01 | Affidavit, (Supplementary affidavit) of Wayne Gorman, with service | Attorney General of Newfoundland |
| 1991-08-01 | Affidavit, for leave to intervene (supplementary affidavit of Wayne Gorman), with service | Attorney General of Newfoundland |
| 1991-07-31 | Motion to extend time | Attorney General of Newfoundland |
| 1991-07-31 | Affidavit, of Wayne Gorman (2 affidavits), with service | Attorney General of Newfoundland |
| 1991-07-31 | Motion for leave to intervene, With service | Attorney General of Newfoundland |
| 1991-07-31 | Affidavit, for leave to intervene of Wayne Gorman (2 affidavi ts), with service | Attorney General of Newfoundland |
| 1991-07-31 | Motion to extend time, for leave to intervene, with service | Attorney General of Newfoundland |
| 1991-06-26 | Appeal court record, 1 envelop | |
| 1991-06-06 | Notice of appeal, 2 copies, with service | Her Majesty the Queen |
| 1991-05-28 | Order granting leave to appeal, With service | |
| 1991-05-17 | Close file on Leave | |
| 1991-05-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1991-05-09 | Notice of deposit of judgment issued to all parties, Beament, Greey, York, Manton (Ottawa,ON) | |
| 1991-05-09 |
Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-05-09 | Hearing of the application for leave to appeal, 1991-05-09, CJ So McL | |
| 1991-05-09 | All materials on application for leave submitted to the Judges, 1991-05-09, CJ So McL | |
| 1991-03-11 | All materials on application for leave submitted to the Judges, CJ So McL | |
| 1991-02-04 | Respondent's response on the application for leave to appeal, 5 copies | John Herbert Green |
| 1991-01-28 | Order on motion to extend the time to file and/or serve the leave application, With service | |
| 1991-01-23 | Correspondence received from, sent to Beament, Green, York, Manton (Ottawa,ON) enclosing receipt for $30 filing fee. | |
| 1991-01-21 |
Decision on motion to extend time to file and /or serve the leave application, to Jan/17/91/, L'HD Granted, no order as to costs |
|
| 1991-01-21 | Hearing of motion to extend time to file and/ or serve the leave application, 1991-01-21, to Jan/17/91/, L'HD | |
| 1991-01-21 | Submission of motion to extend time to file and/ or serve the leave application, 1991-01-21, to Jan/17/91/, L'HD | |
| 1991-01-18 | Correspondence received from, from Henry S. Brown, re: takes no position on the motion and will not appear | John Herbert Green |
| 1991-01-17 | Court of Appeal casebooks and transcripts of evidence, 3 copies of appeal book | |
| 1991-01-17 | Application for leave to appeal, 5 copies, with service, Completed on: 1991-01-17 | Her Majesty the Queen |
| 1991-01-17 | Service, of notice of motion to extend the time and affidavit in support | |
| 1991-01-17 | Affidavit, Stephen J. Grace | Her Majesty the Queen |
| 1991-01-17 | Motion to extend the time to file and or serve the application for leave to appeal | Her Majesty the Queen |
| 1991-01-17 | $30.00 filing fee, receipt #18968 | Her Majesty the Queen |
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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Green, John Herbert | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Robert C. Hagell
5151 Terminal Rd
PO Box 7
Halifax, Nova Scotia
B3J 2L6
Telephone: (902) 424-5450
FAX: (902) 424-0653
Agent
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371
Party: Green, John Herbert
Counsel
M.G. Smith
400 - 5475 SPRING GARDEN RD
HALIFAX, Nova Scotia
B3J 3T2
Telephone: (902) 420-3471
Agent
2600 - 160 Elgin St
PO 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
Provincial Court of Nova Scotia
Not available
Respondent acquitted of the charge (demand to provide samples of his blood)
Nova Scotia Court of Appeal
S.C.C. No. 02235
Appeal dismissed (See file)
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
Not available
Related links
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
Not available