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22926

Darren Lyle Tapaquon v. Her Majesty the Queen

(Saskatchewan) (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)
1997-09-09 Appeal closed
1994-02-17 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1994-02-17 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-02-17 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON
1994-02-17 Formal judgment sent to the registrar of the court of appeal and all parties, Saskatchewan (Regina)
1993-12-16 Notice of deposit of judgment sent to all parties, Attorney General of Canada (Ottawa, ON)
1993-12-16 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-12-16 Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa, ON)
1993-12-16 Judgment on the appeal rendered, CJ LaF L'HD So G Ia Ma, The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of McIntyre J. is restored, L'Heureux-Dubé J. dissenting.
Allowed, no order as to costs
1993-07-12 Close file on Leave
1993-05-25 Hearing of the appeal, 1993-05-25, CJ LaF L'HD So G Ia Ma
Decision reserved
1993-05-21 Reply factum on appeal, 24 copies, with service Darren Lyle Tapaquon
1993-05-18 Book of authorities, 10 copies, with service Attorney General of Canada
1993-05-17 Order on miscellaneous motion, to vary the the order of Justice Sopinka dated April 23, 1993, to file a writen reply to the factum of the Attorney General of Canada on the same terms and conditions., with service
1993-05-14 Decision on motion to extend time, to serve and file their factum in response to the factum of the intervenor to May 21, 1993., Ma
Granted, no order as to costs
1993-05-14 Hearing of motion to extend time, 1993-05-14, to serve and file their factum in response to the factum of the intervenor to May 21, 1993., Ma
1993-05-14 Submission of motion to extend time, 1993-05-14, to serve and file their factum in response to the factum of the intervenor to May 21, 1993., Ma
1993-05-14 Proof of service, of joint book of authorities
1993-05-12 Response to motion to extend time, to serve and file the appellant's reply to the intervener's factum to May 21/93 Attorney General of Canada
1993-05-12 Response to motion to extend time, to serve and file a reply to the intervener's factum to May 21/93 Her Majesty the Queen
1993-05-12 Affidavit, to serve and file a reply to the intervener's factum to May 21/93; J.J. Mark Edwards Darren Lyle Tapaquon
1993-05-12 Motion to extend time, to serve and file a reply to the intervener's factum to May 21/93 Darren Lyle Tapaquon
1993-05-11 General proceeding, to note 10 copies of a chart to convert SCR citations in appellant's factum Darren Lyle Tapaquon
1993-05-11 Book of authorities, JOINT 10 copies Darren Lyle Tapaquon
1993-05-06 Decision on miscellaneous motion, to vary the order of Mr. Justice Sopinka made on April 23, 1993, permitting the the respondent to file a written reply to the factum of the Attorney General of Canada's factum on the same terms and conditions., So
Granted, no order as to costs
1993-05-06 Hearing of miscellaneous motion, 1993-05-06, to vary the order of Mr. Justice Sopinka made on April 23, 1993, permitting the the respondent to file a written reply to the factum of the Attorney General of Canada's factum on the same terms and conditions., So
1993-05-06 Submission of miscellaneous motion, 1993-05-06, to vary the order of Mr. Justice Sopinka made on April 23, 1993, permitting the the respondent to file a written reply to the factum of the Attorney General of Canada's factum on the same terms and conditions., So
1993-05-05 Response to miscellaneous motion, to vary the order of M. Justice Sopinka dated April 23, 1993., with service Darren Lyle Tapaquon
1993-05-05 Notice of miscellaneous motion, to vary the order of M. Justice Sopinka made on April 23, 1993 to permit the respondent to file a written reply to the factum of the Attorney General of Canada., with service Her Majesty the Queen
1993-05-04 Order on motion for leave to intervene, With service
1993-04-30 Intervener's factum, 24 copies (see motion of 1993/04/22), with service Attorney General of Canada
1993-04-23 Correspondence (sent by the Court) to, (by fax) from Gowling; re: respondent's position to the motion before Justice Sopinka of Apr. 22
1993-04-23 Appeal hearing scheduled, 1993-05-25
Decision reserved
1993-04-22 Decision on the motion for leave to intervene, " The Attorney General of Canada is to file his factum by April 30, 1993, the appellant may file a response within 2 weeks. Oral argument will be limited to 20 minutes., So
Granted, no order as to costs
1993-04-22 Hearing of motion for leave to intervene, 1993-04-22, " The Attorney General of Canada is to file his factum by April 30, 1993, the appellant may file a response within 2 weeks. Oral argument will be limited to 20 minutes., So
1993-04-22 Submission of motion for leave to intervene, 1993-04-22, " The Attorney General of Canada is to file his factum by April 30, 1993, the appellant may file a response within 2 weeks. Oral argument will be limited to 20 minutes., So
1993-04-21 Correspondence (sent by the Court) to, (by fax) from Nelligan, Power; re: opposes the motion of the intervenor A.G. Cda. Mr. A. O'Brien will attend the motion on Apr. 22/93 at 10:00 a.m.
1993-04-15 Response to the motion for leave to intervene, of A.G. Canada Her Majesty the Queen
1993-04-13 Affidavit, Robert J. Frater, with service Attorney General of Canada
1993-04-13 Motion for leave to intervene, With service Attorney General of Canada
1993-04-13 Affidavit, to seek leave to intervene; Robert J. Frater, with service Attorney General of Canada
1993-04-13 Motion to extend time, to seek leave to intervene, with service Attorney General of Canada
1993-04-06 Notice of hearing, With service Darren Lyle Tapaquon
1993-03-24 Respondent's factum, 23 copies, with service Her Majesty the Queen
1993-03-01 Appeal perfected for hearing, Session beginning on 1993-04-26
1993-02-05 Correspondence (sent by the Court) to, from Nelligan & Power advising us that the appellant's counsel will be out of town from late March 1993 until the end of April (scheduling the date of the hearing of the appeal accordingly)
1993-01-29 Appellant's factum, 24 copies, with service Darren Lyle Tapaquon
1993-01-13 Decision on the motion to state a constitutional question, CJ
Dismissed, no order as to costs
1993-01-13 Hearing of the motion to state a constitutional question, 1993-01-13, CJ
1993-01-13 Submission of motion to state a constitutional question, 1993-01-13, CJ
1993-01-13 Decision on motion to extend time, to state constitutional questions., CJ
Dismissed, no order as to costs
1993-01-13 Hearing of motion to extend time, 1993-01-13, to state constitutional questions., CJ
1993-01-13 Submission of motion to extend time, 1993-01-13, to state constitutional questions., CJ
1993-01-12 Correspondence (sent by the Court) to, (by fax) from Gowling; re: opposes the constitutional questions
1993-01-05 Correspondence (sent by the Court) to, from Nelligan, Power; re: motion to state constitutional questions rescheduled for Jan. 13/93 at 10:00 a.m.
1993-01-04 Motion to extend time, to file the notice of constitutional question, with service Darren Lyle Tapaquon
1992-12-31 Motion to state a constitutional question, With service Darren Lyle Tapaquon
1992-11-24 Case on appeal, 24 copies, with service Darren Lyle Tapaquon
1992-08-28 Notice of appeal, With service Darren Lyle Tapaquon
1992-08-13 Order granting leave to appeal, With service
1992-06-04 Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa,ON)
1992-06-04 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1992-06-04 Judgment of the Court on the application for leave to appeal, LaF So G, The application for leave to appeal is granted.
Granted, no order as to costs
1992-06-04 Hearing of the application for leave to appeal, 1992-06-04, LaF So G
1992-06-04 All materials on application for leave submitted to the Judges, 1992-06-04, LaF So G
1992-05-01 General proceeding, to note copy of letter dated April 28, 1992 from Mr. Norman H. Bercovich, and the formal Order of the Saskatchewan Court of Appeal sent up along with leave material for adjudication.
1992-04-30 General proceeding, copies of formal order of C.A. Darren Lyle Tapaquon
1992-04-27 All materials on application for leave submitted to the Judges, LaF So G
1992-04-27 Application for leave to appeal, (as per B. Kincaid), Completed on: 1992-04-27
1992-04-15 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1992-03-30 $30.00 filing fee, receipt #25236 Darren Lyle Tapaquon
1992-03-30 Application for leave to appeal, 5 copies (missing formal C.A. Order), with service, Incomplete Darren Lyle Tapaquon
1992-03-30 Correspondence received from, sent to Nelligan, Power acknowledging receipt of application for leave. Regret to advise that material is incomplete as formal order of the Court of Appeal missing. Material will not be referred until it complies with Court's requirements.

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
Tapaquon, Darren Lyle 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 Canada Intervener Active

Counsel

Party: Tapaquon, Darren Lyle

Counsel
Name
Norman H. Bercovich
Contact information
Ryan, MacIsaac & Associates
1942 HAMILTON ST
2ND FL
REGINA, Saskatchewan
S4P 2C5
Telephone: (306) 787-8760
Agent
Name
J.J. Mark Edwards
Contact information
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Her Majesty the Queen

Counsel
Name
Michael M. Vass
Contact information
Attorney General of Saskatchewan
1874 SCARTH ST 11TH FL
PO BOX 7129
REGINA, Saskatchewan
S4P 3V7
Telephone: (306) 787-5444
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 Canada

Counsel
Name
Bernard Laprade
Contact information
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865

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

September 12, 1991
Court of Queen’s Bench of Saskatchewan

97

indictment for assault causing bodily harm quashed

February 7, 1992
Court of Appeal for Saskatchewan

5417

Appeal allowed

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

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Webcasts

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Date modified: 2025-05-13