Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
23166
James Albert Sweeney v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 1993-03-12 | Copy of formal judgment on leave being prepared, James Albert Sweeney (Abbottsford, BC) | |
| 1993-03-11 | Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa, ON) | |
| 1993-03-11 | Copy of formal judgment on leave being prepared, James Albert Sweeney (Agassiz, BC) | |
| 1993-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Ontario (Toronto) | |
| 1993-01-26 |
Decision on the motion for reconsideration of the application for leave to appeal, LaF So Co Dismissed, no order as to costs |
|
| 1993-01-26 | Hearing of motion for reconsideration of the application for leave to appeal, 1993-01-26, LaF So Co | |
| 1993-01-26 | Submission of motion for reconsideration of the application for leave to appeal to panel, 1993-01-26, LaF So Co | |
| 1993-01-18 | Correspondence received from, from W.G. Burke-Robertson, Q.C.; re: application for rehearing does not raise any new issue; will not file a response (dist. 20-01-93 to LaF So Co) | Her Majesty the Queen |
| 1993-01-11 | Close file on Leave | |
| 1993-01-11 | Correspondence received from, RETURN OF the letter of Barb Kinkaid dated Dec. 29, 1992 (with the envelope) | |
| 1992-12-29 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letters dated Dec. 16 and 17, 1992. She has sent a copy of his application for re-hearing to Mr. Burke-Robertson. | |
| 1992-12-29 | Correspondence received from, of Barb Kincaid to Mr. Burke-Robertson enclosing a copy of an application for re-hearing of the application for leave to appeal. | |
| 1992-12-23 | Motion for reconsideration of the application for leave to appeal, (Returnable date ficticious) (dist. 20-01-93 to LaF So Co) | James Albert Sweeney |
| 1992-12-22 | Correspondence received from, of Mr. Sweeney to the Registrar dated Dec. 16, 1992 | |
| 1992-12-15 | Correspondence received from, of Mr. Sweeney to the Registrar dated Dec. 10, 1992 | |
| 1992-12-15 | Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa,ON) | |
| 1992-12-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, British Columbia (Vancouver) | |
| 1992-12-14 | Correspondence received from, sent to Mr. James Sweeney (Agassiz, B.C.) Re: application for leave to appeal has been dismissed enclosing formal pronouncement of the Supreme Court of Canada. | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa,ON) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, James Albert Sweeney (Agassiz,BC) | |
| 1992-12-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed. Dismissed, no order as to costs |
|
| 1992-12-10 | Hearing of the application for leave to appeal, 1992-12-10 | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, 1992-12-10 | |
| 1992-12-04 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letter dated Nov. 24, 1992 and memorandum of facts. | |
| 1992-11-30 | Correspondence received from, of Mr. Sweeney to Registrar dated Nov. 24, 1992 along with "Facts of Memorandem" | |
| 1992-11-26 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letter of Nov. 16, 1992 | |
| 1992-11-23 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated Nov. 16, 1992 | |
| 1992-11-23 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letter of Nov. 11, 1992. | |
| 1992-11-17 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated Nov. 11, 1992 | |
| 1992-11-06 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letter of October 24, 1992 | |
| 1992-11-04 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letter of October 21, 1992 regarding his release pending the decision of the application for leave to appeal. He should contact the Court of Appeal of B.C. as SCC can only consider matters relating | |
| 1992-11-03 | Correspondence received from, of Mr. Sweeney to the Registrar dated October 24, 1992 | |
| 1992-11-02 | All materials on application for leave submitted to the Judges, LaF So Co | |
| 1992-10-28 | Correspondence received from, of Mr. Sweeney to the Registrar dated October 21, 1992 regarding his release on bail | |
| 1992-10-27 | Correspondence received from, of Barb Kincaid to Mr. Burke-Robertson enclosing 2 copies of Mr. Sweeney's reply | |
| 1992-10-26 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to confirm receipt of his letters of October 12 and October 14, 1992. She has forwarded a copy of his reply to the agent of the respondent. | |
| 1992-10-19 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated October 14, 1992 | |
| 1992-10-19 | Correspondence received from, of Mr. Sweeney to Barb Kincaid along with a reply to the Respondent's response (dated October 12, 1992) | |
| 1992-10-15 | Application for leave to appeal, as filing fee waived by the Registrar, Completed on: 1992-10-15 | |
| 1992-10-15 | Correspondence received from, of the Registrar to Mr. Sweeney to advise that his request to have the filing fee waived is granted | |
| 1992-10-07 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1992-10-06 | Correspondence received from, of Barb Kincaid to Mr. Sweeney further to his letter of September 23, 1992 re waiving of filing fee and an application for release pending the determination of the leave application. | |
| 1992-09-29 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated September 23, 1992 to advise that Mr. Greenspan will consider representing him if the Court decides to appoint a lawyer. He also requests explanation on service on A.G. of B.C. | |
| 1992-09-28 | Correspondence received from, of Mr. Burke-Robertson to Barb Kincaid looking forward to receiving a copy of Mr. Sweeney's response to her letter of September 23, 1992 | |
| 1992-09-24 | Service, copy of the application for leave to appeal received from Mr. Burke-Robertson | |
| 1992-09-23 | Correspondence received from, of Barb Kincaid to Mr. Burke-Robertson enclosing 2 copies of Mr. Sweeney's motion to appoint counsel and the affidavit in support. | |
| 1992-09-23 | Correspondence received from, of Barb KIncaid to Mr. Sweeney to request that he advises as to the disposition of his application for legal aid | |
| 1992-09-18 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to acknowledge receipt of his material and to request a filing fee of $30.00. The agent for the Attorney General of B.C. has agreed to accept service of the material | |
| 1992-09-18 | Correspondence received from, of Barb Kincaid to Mr. Burke-Robertson to request admission of service on an application for leave a motion to extend time and for appointment of counsel. A copy of a letter to Mr. Sweeney is included. | |
| 1992-09-10 | Application for leave to appeal, 5 copies (service and filing fee missing) (1 copy sent to Burke-Robertson to admit service), Incomplete | James Albert Sweeney |
| 1992-07-28 | Correspondence received from, of Barb Kincaid to Mr. Sweeney re his letter of July 8, 1992. No Court file has been opened. | |
| 1992-07-13 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated July 8, 1992 to advise that he is waiting a decision of the B.C. Court of Appeal in regards to an order of probation. When the decision is determined, he will make a notice of motion. | |
| 1992-06-30 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to acknowledge receipt of his letter of June 24, 1992. He must apply for an extension of time for leave to appeal | |
| 1992-06-29 | Correspondence received from, of Mr. Sweeney to Barb Kincaid to re-open his appeal (dated June 24, 1992) | |
| 1992-03-13 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to acknowledge receipt of his letter dated March 9, 1992. We have noted in our records that he is not pursuing his application for leave to the SCC | |
| 1992-03-13 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated March 9, 1992 to advise the Court that his fight with the justice system is over. | |
| 1992-03-03 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to acknowledge receipt of his letter dated Feb. 16, 1992 and to confirm that there is no branch offices of the SCC and to also confirm that the app;ications for leave are only dealt with on the basis of written submissions | |
| 1992-02-24 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated Feb. 16, 1992 to request informations on possible branch of the SCC in other provinces. | |
| 1992-01-31 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to acknowledge receipt of his letter dated Jan. 18, 1992 and giving all the informations to make a motion to appoint counsel and a motion for extension of time. | |
| 1992-01-22 | Correspondence received from, of Mr. Sweeney to Barb Kincaid dated Jan. 18, 1992 requesting informations to have a counsel appointed. | |
| 1991-12-12 | Correspondence received from, of Barb Kincaid to Mr. Sweeney to acknowledge receipt of his letter dated Dec. 4, 1991 and enclosing all the information to perfect an application for leave to appeal. | |
| 1991-12-10 | Correspondence received from, of Mr. Sweeney to the Registrar dated Dec.4, 1991 to request informations to make an application for leave to appeal. |
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 |
|---|---|---|
| Sweeney, James Albert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Sweeney, James Albert
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
602 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
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 British Columbia
x
Conviction: sexual assault
Court of Appeal for British Columbia (Vancouver)
x
Application to vary probation order 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
Related links
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
Related links
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