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22633

Philip Conway v. Her Majesty the Queen

(Federal) (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)
2005-01-04 Correspondence received from, P. Conway dated Dec. 25, 2004 (hand writing) re: verdict in 1993 - Document not microfilmed but is on file Philip Conway
1997-08-07 Appeal closed
1994-03-16 Correspondence (sent by the Court) to, sent to Federal Court of Canada enclosing their records
1993-09-02 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1993-09-02 Copy of formal judgment being prepared, Scott & Aylen (Toronto, ON)
1993-09-02 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1993-09-02 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-09-02 Copy of formal judgment being prepared, The Deputy Attorney General of Canada (Ottawa, ON)
1993-09-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-02 Copy of formal judgment being prepared, Noël, Berthiaume, Aubry & Ass. (Hull, QC)
1993-08-12 Judgment on the appeal rendered, LaF L'HD So G McL Ia Ma, The appeal is dismissed with costs.
Dismissed, with costs
1993-08-12 Notice of deposit of judgment sent to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC)
1993-08-12 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1993-08-12 Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa, ON)
1993-08-12 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-08-12 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1993-08-12 Notice of deposit of judgment sent to all parties, Scott & Aylen (Toronto, ON)
1993-04-19 General proceeding, transcript received and distributed to the justices (201 pages)
1993-03-25 Hearing of the appeal, 1993-03-25, LaF L'HD So G McL Ia Ma
Decision reserved
1993-03-24 Book of authorities, 10 copies, with service Attorney General of British Columbia
1993-03-22 Book of authorities, 10 copies Minority Advocacy and Rights Council
1993-03-19 Proof of service, of the Procureur général du Québec's factum (1 copy), with service
1993-03-18 Book of authorities, 10 copies of vol. I & II, with service Women's Legal Education and Action Fund
1993-03-18 Intervener's factum, 24 copies Attorney General of Quebec
1993-03-17 Proof of service, of factum
1993-03-17 Intervener's factum, 24 copies, with service Minority Advocacy and Rights Council
1993-03-16 Proof of service, of Intervener's factum 1 copy
1993-03-15 Book of authorities, 10 copies of vol. I & II Coalition of Provincial Organizations of the Handicapped ('COPOH')
1993-03-15 Intervener's factum, 23 copies Coalition of Provincial Organizations of the Handicapped ('COPOH')
1993-03-11 Book of authorities, 10 copies Her Majesty the Queen
1993-03-11 Intervener's factum, 24 copies, with service Women's Legal Education and Action Fund
1993-03-11 Order on motion for leave to intervene, With service
1993-03-10 Intervener's factum, 24 copies (see motion of 1993/02/19), with service Attorney General of British Columbia
1993-03-10 Intervener's factum, 24 copies (see motion of 1993/02/19), with service Attorney General for Ontario
1993-03-10 Order on motion for leave to intervene, With service
1993-03-08 Order on motion for leave to intervene, With service
1993-03-08 Decision on the motion for leave to intervene, and to file a 20 page factum and also to present oral submission not to exceed 10 minutes., Co
Granted, no order as to costs
1993-03-08 Hearing of motion for leave to intervene, 1993-03-08, and to file a 20 page factum and also to present oral submission not to exceed 10 minutes., Co
1993-03-08 Submission of motion for leave to intervene, 1993-03-08, and to file a 20 page factum and also to present oral submission not to exceed 10 minutes., Co
1993-03-08 Decision on motion to extend time, for leave to intervene., Co
Granted, no order as to costs
1993-03-08 Hearing of motion to extend time, 1993-03-08, for leave to intervene., Co
1993-03-08 Submission of motion to extend time, 1993-03-08, for leave to intervene., Co
1993-03-08 Decision on the motion for leave to intervene, to file a factum no longer than 20 pages and also oral submissions not to exceed 10 minutes., Co
Granted, no order as to costs
1993-03-08 Hearing of motion for leave to intervene, 1993-03-08, to file a factum no longer than 20 pages and also oral submissions not to exceed 10 minutes., Co
1993-03-08 Submission of motion for leave to intervene, 1993-03-08, to file a factum no longer than 20 pages and also oral submissions not to exceed 10 minutes., Co
1993-03-08 Decision on motion to extend time, for leave to intervene., Co
Granted, no order as to costs
1993-03-08 Hearing of motion to extend time, 1993-03-08, for leave to intervene., Co
1993-03-08 Submission of motion to extend time, 1993-03-08, for leave to intervene., Co
1993-03-05 Order on motion for leave to intervene, With service
1993-03-05 Order on motion to extend time, for leave to intervene nunc pro tunc., with service
1993-03-04 Response to the motion for leave to intervene, of COPOH Philip Conway
1993-03-04 Response to the motion for leave to intervene, of COPOH Her Majesty the Queen
1993-03-03 Response to the motion for leave to intervene, of Minority Advocacy and Rights Council I05 Philip Conway
1993-03-03 Response to the motion for leave to intervene, of Minority Advocacy and Rights Council I05 Her Majesty the Queen
1993-03-02 Appeal hearing scheduled, 1993-03-25
Decision reserved
1993-03-01 Response to the motion for leave to intervene, of Coalition of Provincial Organizations of the Handicapped Philip Conway
1993-03-01 Affidavit, Francine Arsenault, with service Coalition of Provincial Organizations of the Handicapped ('COPOH')
1993-03-01 Motion for leave to intervene, With service Coalition of Provincial Organizations of the Handicapped ('COPOH')
1993-03-01 Motion to extend time, to file a motion for leave to intervene, with service Coalition of Provincial Organizations of the Handicapped ('COPOH')
1993-02-26 Affidavit, 2 copies; Lilian Ma, with service Minority Advocacy and Rights Council
1993-02-26 Motion for leave to intervene, 2 copies, with service Minority Advocacy and Rights Council
1993-02-26 Motion to extend time, to file a motion for leave to intervene, with service Minority Advocacy and Rights Council
1993-02-25 Order on motion for leave to intervene, With service
1993-02-23 Proof of service, of factum
1993-02-19 Decision on the motion for leave to intervene, and to file a factum of 20 pages no later than Mar\11\1993, oral submission limited to 30 minutes, G
Granted, no order as to costs
1993-02-19 Hearing of motion for leave to intervene, 1993-02-19, and to file a factum of 20 pages no later than Mar\11\1993, oral submission limited to 30 minutes, G
1993-02-19 Submission of motion for leave to intervene, 1993-02-19, and to file a factum of 20 pages no later than Mar\11\1993, oral submission limited to 30 minutes, G
1993-02-19 Decision on the motion for leave to intervene, factum is not to exceed 30 pages, and is to be filed by Mar\11\1993, and oral submissions limited to 15 minutes., G
Granted, no order as to costs
1993-02-19 Hearing of motion for leave to intervene, 1993-02-19, factum is not to exceed 30 pages, and is to be filed by Mar\11\1993, and oral submissions limited to 15 minutes., G
1993-02-19 Submission of motion for leave to intervene, 1993-02-19, factum is not to exceed 30 pages, and is to be filed by Mar\11\1993, and oral submissions limited to 15 minutes., G
1993-02-19 Decision on the motion for leave to intervene, Factum is not to exceed 20 pages, and filed by Mar\11\93, oral submissions limited to 20 minutes., G
Granted, no order as to costs
1993-02-19 Hearing of motion for leave to intervene, 1993-02-19, Factum is not to exceed 20 pages, and filed by Mar\11\93, oral submissions limited to 20 minutes., G
1993-02-19 Submission of motion for leave to intervene, 1993-02-19, Factum is not to exceed 20 pages, and filed by Mar\11\93, oral submissions limited to 20 minutes., G
1993-02-18 Respondent's factum, 24 copies Her Majesty the Queen
1993-02-18 Response to the motion for leave to intervene, from the appellant Philip Conway
1993-02-18 Response to the motion for leave to intervene, from the respondent Her Majesty the Queen
1993-02-18 Motion to extend time, to file a motion to intervene - 2 copies Women's Legal Education and Action Fund
1993-02-18 Affidavit, 2 copies Women's Legal Education and Action Fund
1993-02-18 Motion for leave to intervene, 2 copies, with service Women's Legal Education and Action Fund
1993-02-16 Response to the motion for leave to intervene, of the Attorney General of Ontario Her Majesty the Queen
1993-02-16 Response to the motion for leave to intervene, of the Attorney General of Ontario Philip Conway
1993-02-12 Response to the motion for leave to intervene, of the Attorney General of British Columbia Her Majesty the Queen
1993-02-11 Response to the motion for leave to intervene, of the Attorney General of British Columbia Philip Conway
1993-02-09 Affidavit, Frank A.V. Falzon, with service Attorney General of British Columbia
1993-02-09 Motion for leave to intervene, With service Attorney General of British Columbia
1993-02-09 Motion to extend time, to apply for leave to intervene, with service Attorney General of British Columbia
1993-02-09 Proof of service, of factum
1993-02-05 Motion to extend time, for leave to intervene, with service Attorney General for Ontario
1993-02-05 Affidavit, Pauline Radley, with service Attorney General for Ontario
1993-02-05 Affidavit, Zahir Janmohamed, with service Attorney General for Ontario
1993-02-05 Affidavit, Brian Beamish, with service Attorney General for Ontario
1993-02-05 Motion for leave to intervene, With service Attorney General for Ontario
1993-01-20 Notice of hearing, With service Philip Conway
1993-01-19 Order on motion for leave to intervene, With service
1993-01-19 Order on motion to extend time, for leave to intervene, with service
1993-01-07 Decision on the motion for leave to intervene, and to make oral submissions not to exceed 10 min., LaF
Granted, no order as to costs
1993-01-07 Hearing of motion for leave to intervene, 1993-01-07, and to make oral submissions not to exceed 10 min., LaF
1993-01-07 Submission of motion for leave to intervene, 1993-01-07, and to make oral submissions not to exceed 10 min., LaF
1993-01-07 Decision on motion to extend time, to intervene,, LaF
Granted, no order as to costs
1993-01-07 Hearing of motion to extend time, 1993-01-07, to intervene,, LaF
1993-01-07 Submission of motion to extend time, 1993-01-07, to intervene,, LaF
1992-12-23 Response to the motion for leave to intervene, (handwritten on bottom left of motion) by the A.G. of Québec Philip Conway
1992-12-17 Book of authorities, 10 copies, vols. 1 and 2 Philip Conway
1992-12-17 Appellant's factum, 24 copies Philip Conway
1992-12-17 Proof of service, of the notice to intervene on behalf of A.G. Quebec (letterform) (service admitted on Dec. 1, 1992)
1992-12-17 Response to the motion for leave to intervene, (letterform same with service of motion to intervene) by the A.G. of Québec Her Majesty the Queen
1992-12-15 Decision on motion to extend time, to serve and file the appellant's factum to Jan/31/1993, Ia
Granted, no order as to costs
1992-12-15 Hearing of motion to extend time, 1992-12-15, to serve and file the appellant's factum to Jan/31/1993, Ia
1992-12-15 Submission of motion to extend time, 1992-12-15, to serve and file the appellant's factum to Jan/31/1993, Ia
1992-12-10 Response to motion to extend time, to serve and file the appellant's factum to Jan. 31/93 Her Majesty the Queen
1992-12-10 Affidavit, to serve and file the factum to Jan. 31/93; Deborah Lynn Langford, with service Philip Conway
1992-12-10 Motion to extend time, to serve and file the factum to Jan. 31/93, with service Philip Conway
1992-12-03 Proof of service, of notice of motion for intervention
1992-12-01 Affidavit, for leave to intervene; Stéphane Marsolais Attorney General of Quebec
1992-12-01 Motion to extend time, for leave to intervene Attorney General of Quebec
1992-12-01 Affidavit, 2 copies; Stéphane Marsolais Attorney General of Quebec
1992-12-01 Motion for leave to intervene, 2 copies Attorney General of Quebec
1992-11-30 Appeal perfected for hearing, Session beginning on 1993-01-25
1992-08-28 Order on miscellaneous motion, With service
1992-08-07 Case on appeal, 24 copies of vols. 1 to 9 Philip Conway
1992-08-05 Decision on miscellaneous motion, for an order accepting the Case on Appeal in its present form namely allowing the evidence to be Part V of the Case on Appeal as opposed to Part 2., L'HD
Granted, no order as to costs
1992-08-05 Hearing of miscellaneous motion, 1992-08-05, for an order accepting the Case on Appeal in its present form namely allowing the evidence to be Part V of the Case on Appeal as opposed to Part 2., L'HD
1992-08-05 Submission of miscellaneous motion, 1992-08-05, for an order accepting the Case on Appeal in its present form namely allowing the evidence to be Part V of the Case on Appeal as opposed to Part 2., L'HD
1992-08-05 Decision on motion to extend time, to serve and file the Case on Appeal to Aug\14\92, Co
Granted, no order as to costs
1992-08-05 Hearing of motion to extend time, 1992-08-05, to serve and file the Case on Appeal to Aug\14\92, Co
1992-08-05 Submission of motion to extend time, 1992-08-05, to serve and file the Case on Appeal to Aug\14\92, Co
1992-08-04 Response to miscellaneous motion, to file the Case on Appeal in its present form Her Majesty the Queen
1992-08-04 Affidavit, to file the Case on Appeal in its present form; Deborah Lynn Langford Philip Conway
1992-08-04 Notice of miscellaneous motion, to file the Case on Appeal in its present form Philip Conway
1992-08-04 Response to motion to extend time, to file the Case on Appeal Her Majesty the Queen
1992-08-04 Affidavit, to file the Case on Appeal; Deborah Lynn Langford Philip Conway
1992-08-04 Motion to extend time, to file the Case on Appeal Philip Conway
1992-06-30 Appeal court record, 1 box (with Trial record)
1992-06-30 Trial court record, 1 box (with C/A record)
1992-06-30 Certified casebook, vol. 1 to 9 (extension of time and motion to accept in its present form requested) Philip Conway
1992-02-26 Order granting leave to appeal, With service
1992-02-25 Notice of appeal, With service Philip Conway
1992-02-07 Close file on Leave
1992-02-06 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-02-06 Notice of deposit of judgment issued to all parties, Brian J. Saunders c/o Dept. of Justice (Ottawa,ON)
1992-02-06 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
1992-02-06 Hearing of the application for leave to appeal, 1992-02-06, CJ So McL
1992-02-06 All materials on application for leave submitted to the Judges, 1992-02-06, CJ So McL
1991-10-28 All materials on application for leave submitted to the Judges, CJ So McL
1991-10-22 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1991-10-03 $30.00 filing fee, receipt #23344 Philip Conway
1991-10-03 Book of authorities, 5 copies, with service Philip Conway
1991-10-03 Application for leave to appeal, 5 copies, with service, Completed on: 1991-10-03 Philip Conway

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
Conway, Philip 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 for Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Women's Legal Education and Action Fund Intervener Active
Minority Advocacy and Rights Council Intervener Active
Coalition of Provincial Organizations of the Handicapped ('COPOH') Intervener Active

Counsel

Party: Conway, Philip

Counsel
Name
Fergus J. (Chip) O'Connor
Contact information
104 Johnson Street
P.O. Box 1959 Stn. Main
Kingston, Ontario
K7L 5J7
Telephone: (613) 546-5581
FAX: (613) 546-5540
Email: oconnor@kos.net
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen

Counsel
Names
John C. Tait, Q.C.
Brian J. Saunders
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4997
Agent
Name
Robert Frater
Contact information
Attorney General of Canada
East Memorial Bldg, Service Centre
284 Wellington St., Room 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Attorney General of Quebec

Counsel
Names
Stéphane Marsolais
Madeleine Aubé
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-1477
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com

Party: Attorney General for Ontario

Counsel
Name
M. David Lepofsky
Contact information
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.ca
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 British Columbia

Counsel
Name
Frank A.V. Falzon
Contact information
Attorney General of British Columbia
609 Broughton Street
5th Floor
Victoria, British Columbia
V8W 1C8
Telephone: (604) 356-8868
FAX: (604) 356-9154
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

Counsel
Name
Elizabeth J. Shilton Shilton
Contact information
Cavalluzzo Hayes Shilton McIntyre & Cornish
43 MADISON AVE
TORONTO, Ontario
M5R 2S2
Telephone: (416) 964-1115
FAX: (416) 964-5895
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: Minority Advocacy and Rights Council

Counsel
Name
Raj Anand
Contact information
WeirFoulds LLP
1600 - 130 King St West
PO Box 480
Toronto, Ontario
M5X 1J5
Telephone: (416) 947-5091
FAX: (416) 365-1876
Email: ranand@weirfoulds.com

Party: Coalition of Provincial Organizations of the Handicapped ('COPOH')

Counsel
Name
Anne M. Molloy
Contact information
Advocacy Resource Centre for the Handicapped
255 - 40 ORCHARD VIEW BLVD
TORONTO, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

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

June 9, 1987
Federal Court of Canada, Trial Division

T-2613-85

Application dismissed with coses

July 13, 1990
Federal Court of Appeal

A-537-87

cross appeal dismissed with costs to the appellant on the cross appeal.

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