Case information
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23197
Her Majesty the Queen v. M.K.
(Manitoba) (Criminal) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-12 | Appeal closed | |
| 1993-07-30 | Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg) | |
| 1993-07-30 | Copy of formal judgment being prepared, Z. Ian Garber (Winnipeg, MN) | |
| 1993-07-30 | Copy of formal judgment being prepared, McCarthy, Tétrault (Ottawa, ON) | |
| 1993-07-22 | Correspondence (sent by the Court) to, sent to Court of Appeal of Manitoba, enclosing their record | |
| 1993-06-17 | Appeal court record, (accordeon) | |
| 1993-06-16 |
Decision on motion for an order that the appeal be deemed abandoned, The appeal is quashed, CJ L'HD So McL Ia Dismissed, no order as to costs |
|
| 1993-06-16 | Hearing of motion for an order that the appeal be deemed abandoned, 1993-06-16, The appeal is quashed, CJ L'HD So McL Ia | |
| 1993-06-16 | Submission of motion for an order that the appeal be deemed abandonned, 1993-06-16, The appeal is quashed, CJ L'HD So McL Ia | |
| 1993-06-16 | Proof of service, of the factum of the appellant (fax copy) | |
| 1993-06-15 | Affidavit, of Gerald Michel Lafrenière re Appelant has agreed to defray the cost of legal representation for the Respondent | Her Majesty the Queen |
| 1993-06-10 | Affidavit, of Michael John Watson re show cause hearing of June 16, 1993 | Her Majesty the Queen |
| 1993-06-10 | Book of authorities, 10 copies | Her Majesty the Queen |
| 1993-06-10 | Appellant's factum, 24 copies (motion to accept without lines numbered requested) | Her Majesty the Queen |
| 1993-06-08 | Case on appeal, 24 copies | Her Majesty the Queen |
| 1993-06-01 | Correspondence (sent by the Court) to, sent to Minister of Justice (Winnipeg, MN) by Fax from A. Roland, re: show cause on June 16/93 at 9:15 a.m. | |
| 1993-04-07 | Correspondence (sent by the Court) to, from Michael Watson addresed to McCarthy, Tetrault re: no difficulty with the proposed intervention but objecting to theintervention set out in para 2 regarding the constitutional validy of s. 43 of Cr.C. | |
| 1993-04-02 | Correspondence (sent by the Court) to, sent to Z. Ian Garber, (Winnipeg, MN) re: Notice of Appeal has been filed, Rule 32 sent | |
| 1993-04-02 | Correspondence (sent by the Court) to, sent to Minister of Justice (Winnipeg, MN) re: Notice of Appeal has been filed, Rule 32 sent | |
| 1993-03-31 | Correspondence (sent by the Court) to, from Michael Watson; re: intention to continue the appeal | |
| 1993-03-05 | Affidavit, Rix Rogers, with service | Institute for the Prevention of Child Abuse |
| 1993-03-05 | Motion for leave to intervene, With service | Institute for the Prevention of Child Abuse |
| 1993-03-05 | Affidavit, Sharon Mousseau, with service | Child Welfare League of America/Canada |
| 1993-03-05 | Motion for leave to intervene | Child Welfare League of America/Canada |
| 1993-03-05 | Motion for leave to intervene, James Docherty, with service | Canadian Foundation for Children, Youth and the Law |
| 1993-03-05 | Affidavit, Anne McGillivray, with service | Manitoba Coalition on Children's Rights |
| 1993-03-05 | Motion for leave to intervene, With service | Manitoba Coalition on Children's Rights |
| 1993-03-03 | Correspondence (sent by the Court) to, sent to Michael Watson re: instructions in the event of the death of one or more respondents. | |
| 1993-02-02 | Correspondence (sent by the Court) to, sent to Mr. Michael Watson (Brandon,MN) Re: assuring you that your letter of January 15, 93 has been received. | |
| 1993-01-26 | Correspondence (sent by the Court) to, from Michael Watson; re: requesting advice how he can proceed with the matter as the respondent has died (distributed to CJ on Feb 2, 1993) | |
| 1993-01-12 | Close file on Leave | |
| 1993-01-07 | Notice of appeal | Her Majesty the Queen |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, Z. Ian Garber (Winnipeg,MN) | |
| 1992-12-10 | Notice of deposit of judgment issued to all parties, McCarthy, Tétrault (Ottawa,ON) | |
| 1992-12-10 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1992-12-10 | Hearing of the application for leave to appeal, 1992-12-10, CJ McL Ia | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, 1992-12-10, CJ McL Ia | |
| 1992-11-25 | General proceeding, formal order of C/A (distributed to CJ, McL, I, 92/12/01) | Her Majesty the Queen |
| 1992-11-16 | Application for leave to appeal, as per B. Kincaid, Completed on: 1992-11-16 | |
| 1992-11-16 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-11-09 | Correspondence received from, from Brian Weagent; re: intends to apply for intervenor status if leave is granted | Manitoba Coalition on Children's Rights |
| 1992-11-02 | Service, copy of application for leave admitted on October 13, 1992 | |
| 1992-10-08 | $30.00 filing fee, receipt #26006 | Her Majesty the Queen |
| 1992-10-08 | Application for leave to appeal, 5 copies (proof of service missing and formal order of C.A.), Incomplete | 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 |
|---|---|---|
| M.K. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Manitoba Coalition on Children's Rights | Intervener | Pending |
| Canadian Foundation for Children, Youth and the Law | Intervener | Pending |
| Child Welfare League of America/Canada | Intervener | Pending |
| Institute for the Prevention of Child Abuse | Intervener | Pending |
Counsel
Party: Her Majesty the Queen
Counsel
Colin Baxter
409 - 1011 ROSSER AVE
BRANDON, Manitoba
R7A 0L5
Telephone: (204) 726-6013
Agent
1400 - 40 Elgin St
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-7813
Party: M.K.
Counsel
Winnipeg, Manitoba
R3C 0N1
Telephone: (204) 943-7454
FAX: (204) 943-9563
Party: Manitoba Coalition on Children's Rights
Counsel
405 - 720 SPADINA AVE
TORONTO, Ontario
M5S 2T9
Telephone: (416) 920-1633
FAX: (416) 920-5855
Party: Canadian Foundation for Children, Youth and the Law
Counsel
405 - 720 SPADINA AVE
TORONTO, Ontario
M5S 2T9
Telephone: (416) 920-1633
FAX: (416) 920-5855
Party: Child Welfare League of America/Canada
Counsel
405 - 720 SPADINA AVE
TORONTO, Ontario
M5S 2T9
Telephone: (416) 920-1633
FAX: (416) 920-5855
Party: Institute for the Prevention of Child Abuse
Counsel
405 - 720 SPADINA AVE
TORONTO, Ontario
M5S 2T9
Telephone: (416) 920-1633
FAX: (416) 920-5855
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 Manitoba
x
see file
Court of Appeal of Manitoba
AR 91-30-00546
granting leave to appeal and ordering a stay of the proceedings.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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