Case information
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23479
Her Majesty the Queen v. Brent Blair Brown
(Manitoba) (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) |
|---|---|---|
| 1997-08-08 | Appeal closed | |
| 1995-06-08 | Correspondence (sent by the Court) to, sent to Court of Queen's Bench (Winnipeg, MN) enclosing their record (3 boxes) | |
| 1994-11-23 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-11-23 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-11-23 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-11-23 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull, QC) | |
| 1994-11-23 | Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg) | |
| 1994-11-02 | General proceeding, to note 10 copies of an authority "Commons Debate" p. 5527 given in Court | Her Majesty the Queen |
| 1994-11-02 |
Judgment on the appeal rendered, Manitoba C/A judgment set aside; cross-appeal dismissed; trial judges calculation of respondents sentence restored, CJ LaF L'HD So G Co McL Ia Ma Allowed, no order as to costs |
|
| 1994-11-02 | Hearing of the appeal, 1994-11-02, Manitoba C/A judgment set aside; cross-appeal dismissed; trial judges calculation of respondents sentence restored, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-11-01 | Correspondence (sent by the Court) to, from W. Burke-Robertson re: Att. Gen. of B.C. will be content to rely upon the written submissions contained in his factum at the hearing of the appeal | |
| 1994-11-01 | Correspondence (sent by the Court) to, from Robert Frater to A. Roland re: duration of argument | |
| 1994-10-31 | Book of authorities, 10 copies, with service | Attorney General of Canada |
| 1994-10-28 | Supplemental document, 10 copies (SUPPLEMENTARY BOOK OF AUTHORITES OF THE INTERVENER ATT. GEN. FOR ONTARIO), with service | Attorney General for Ontario |
| 1994-10-28 | Order on motion to extend time, to file the factum | |
| 1994-10-27 | Correspondence (sent by the Court) to, from Marva Smith re: name of counsel appearing at the hearing of the appeal (fax copy) (original received Oct. 31/94) | |
| 1994-10-27 |
Decision on motion to extend time, to file the factum to Oct. 19/94, Reg Granted, no order as to costs |
|
| 1994-10-27 | Hearing of motion to extend time, 1994-10-27, to file the factum to Oct. 19/94, Reg | |
| 1994-10-27 | Submission of motion to extend time, 1994-10-27, to file the factum to Oct. 19/94, Reg | |
| 1994-10-26 | Response to motion to extend time, to file the intervener's A.G. of British Columbia factum | Brent Blair Brown |
| 1994-10-26 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-10-25 | Order on motion to extend time, to file the factum | |
| 1994-10-25 |
Decision on motion to extend time, to file the factum to Oct 6/94, Reg Granted, no order as to costs |
|
| 1994-10-25 | Hearing of motion to extend time, 1994-10-25, to file the factum to Oct 6/94, Reg | |
| 1994-10-25 | Submission of motion to extend time, 1994-10-25, to file the factum to Oct 6/94, Reg | |
| 1994-10-24 | Response to motion to extend time, to file the A.G.Canada's factum (Burke-Robertson) | Brent Blair Brown |
| 1994-10-24 | Correspondence (sent by the Court) to, of Marva J. Smith (by fax) to advise the Court of an error in paragraph 120 at line 27 in her factum sent to CJ LaF L'HD So G Co McL I Ma, Oct 26/94 (ORIGINAL RECEIVED OCT. 31/94) | |
| 1994-10-24 | Correspondence (sent by the Court) to, of Sylvie Roussel re: duration of argument | |
| 1994-10-21 | Response to motion to extend time, of Gowling, Strathy to file the intervener's factum of Att. Gen. of B.C. on Oct. 19/94 | Her Majesty the Queen |
| 1994-10-20 | Affidavit, of Elizabeth Bennett to file the motion to intervene on Oct. 19/94 (1 copy), with service | Attorney General of British Columbia |
| 1994-10-20 | Motion to extend time, to file the motion to intervene on Oct. 19/94 (1 copy), with service | Attorney General of British Columbia |
| 1994-10-19 | Intervener's factum, 24 copies (extension of time requested), with service | Attorney General of British Columbia |
| 1994-10-19 | Response to motion to extend time, to file the A.G. Canada's factum on Oct. 6/94 (Henry Brown) | Her Majesty the Queen |
| 1994-10-14 | Book of authorities, JOINT 10 copies of vol. I & II | Her Majesty the Queen |
| 1994-10-06 | Affidavit, to file the factum to Oct. 6/94; Kimberly Prost, with service | Attorney General of Canada |
| 1994-10-06 | Motion to extend time, to file the factum to Oct. 6/94, with service | Attorney General of Canada |
| 1994-10-06 | Intervener's factum, 25 copies, with service | Attorney General of Canada |
| 1994-10-05 | Appeal hearing scheduled, 1994-11-02 | |
| 1994-09-22 | Intervener's factum, 24 copies, with service | Attorney General for Ontario |
| 1994-09-20 | Intervener's factum, 24 copies | Attorney General of Quebec |
| 1994-09-20 | Proof of service, of the P. G. Québec's factum | |
| 1994-09-19 | Proof of service, of the notice of hearing | |
| 1994-09-14 | Notice of hearing, (1 copy), with service | Her Majesty the Queen |
| 1994-09-07 | Respondent's factum, 24 copies (joint with appellant's factum by cross-appeal), with service | Brent Blair Brown |
| 1994-08-08 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-08-05 | Correspondence (sent by the Court) to, of Elizabeth Bennett to advise the Court that effective July 31/94, she will be practising at: Peck, Tammen & Bennett in Vancouver | |
| 1994-07-07 | Proof of service, 1 copy of factum, with service | |
| 1994-07-07 | Order on motion to dispense with printing | |
| 1994-07-07 | Order on motion to extend time, to file the factum to July 6/94 | |
| 1994-07-07 |
Decision on motion to extend time, to file the factum to July 6/94, Reg Granted, no order as to costs |
|
| 1994-07-07 | Hearing of motion to extend time, 1994-07-07, to file the factum to July 6/94, Reg | |
| 1994-07-07 | Submission of motion to extend time, 1994-07-07, to file the factum to July 6/94, Reg | |
| 1994-07-07 |
Decision on motion to dispense with printing, of the evidence of R.E. Warren, R.J.R. Savoie, E.H. Brown and S.M. Hart, given April 10/91 and the evidence of C.L. Steigerwald, R.N. Morin and the evidence on cross-examination and re-examination of D.A. Shipman, given on Apr 12/91, Reg Granted, no order as to costs |
|
| 1994-07-07 | Hearing of motion to dispense with printing, 1994-07-07, of the evidence of R.E. Warren, R.J.R. Savoie, E.H. Brown and S.M. Hart, given April 10/91 and the evidence of C.L. Steigerwald, R.N. Morin and the evidence on cross-examination and re-examination of D.A. Shipman, given on Apr 12/91, Reg | |
| 1994-07-07 | Submission of motion to dispense with printing, 1994-07-07, of the evidence of R.E. Warren, R.J.R. Savoie, E.H. Brown and S.M. Hart, given April 10/91 and the evidence of C.L. Steigerwald, R.N. Morin and the evidence on cross-examination and re-examination of D.A. Shipman, given on Apr 12/91, Reg | |
| 1994-07-06 | Appellant's factum, and Respondent by CROSS-APPEAL | Her Majesty the Queen |
| 1994-07-06 | Response to motion to dispense with printing | Brent Blair Brown |
| 1994-07-06 | Affidavit, Marva-Jane Smith | Her Majesty the Queen |
| 1994-07-06 | Motion to dispense with printing, of the evidence of R.E. Warren, R.J.R. Savoie, E.H. Brown and S.M. Hart, given April 10/91 and the evidence of C.L. Steigerwald, R.N. Morin and the evidence on cross-examination and re- examination of D.A. Shipman given on April 12/91 | Her Majesty the Queen |
| 1994-07-06 | Response to motion to extend time, to serve and file the appellant's factum to July 6/94 | Brent Blair Brown |
| 1994-07-06 | Affidavit, to serve and file the factum to July 6/94; Marva-Jane Smith | Her Majesty the Queen |
| 1994-07-06 | Motion to extend time, to serve and file the factum to July 6/94 | Her Majesty the Queen |
| 1994-06-20 | Trial court record, 1 box (TO BE RETURNED TO COURT OF QUEEN'S BENCH) | |
| 1994-06-20 | Trial court exhibits, 2 boxes (1 box containing 1 rifle) (TO BE RETURNED TO COURT OF QUEEN'S BENCH) | |
| 1994-06-13 | Appeal court record, 1 box (joint with Trial record) | |
| 1994-06-13 | Trial court record, 1 box (joint with C/A record) | |
| 1994-05-30 | Correspondence (sent by the Court) to, sent to Department of Justice (Winnipeg, MN) cc. B.F. Bonney by Fax from A. Roland to show cause on June 17/94 at 9:30 a.m. | |
| 1994-04-20 | Order on motion to extend time, to serve and file a notice of intervention to April 15/94 | |
| 1994-04-13 |
Decision on motion to extend time, to file motion to intervene to April 15/94, Ia Granted, no order as to costs |
|
| 1994-04-13 | Hearing of motion to extend time, 1994-04-13, to file motion to intervene to April 15/94, Ia | |
| 1994-04-13 | Submission of motion to extend time, 1994-04-13, to file motion to intervene to April 15/94, Ia | |
| 1994-04-12 | Response to motion to extend time, to file a Notice of Intention to Intervene of A.G. B.C. | Her Majesty the Queen |
| 1994-04-08 | Response to motion to extend time, to file the motion to intervene of A.G. B.C. (Burke-Robertson) 1 copy | Brent Blair Brown |
| 1994-04-08 | Affidavit, to file the motion to intervene (Elizabeth Bennett) - 1 copy, with service | Attorney General of British Columbia |
| 1994-04-08 | Motion to extend time, to file the motion to intervene to April 8, 1994 (1 copy), with service | Attorney General of British Columbia |
| 1994-04-08 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of British Columbia |
| 1994-04-07 | Certified casebook | Her Majesty the Queen |
| 1994-03-28 | Proof of service, of Notice of Intention to Intervene | |
| 1994-03-24 | Notice of constitutional question(s) | Attorney General of Quebec |
| 1994-03-23 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of Canada |
| 1994-03-18 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General for Ontario |
| 1994-03-17 | Case on appeal, 23 copies | Her Majesty the Queen |
| 1994-02-28 | Notice of constitutional question(s), With service | Her Majesty the Queen |
| 1994-02-23 | Order on motion to state a constitutional question | |
| 1994-02-18 |
Decision on the motion to state a constitutional question, CJ, It is ordered that the Constitutional Questions in both languages together with this order and the judgment of the Court of Appeal for Manitoba be served on the A.G.s of the provinces and the A.g. of Canada. Notices of intention to intervene by Mar 25/94 (for questions, see file or red book) Granted, no order as to costs |
|
| 1994-02-18 | Hearing of the motion to state a constitutional question, 1994-02-18, CJ | |
| 1994-02-18 | Submission of motion to state a constitutional question, 1994-02-18, CJ | |
| 1994-02-17 | Proof of service, of Notice of Motion to state constitutional questions | |
| 1994-02-17 | Response to the motion to state a constitutional question, (letter from Bruce F. Bonney) | Brent Blair Brown |
| 1994-02-15 | Motion to state a constitutional question | Her Majesty the Queen |
| 1994-01-05 | Correspondence (sent by the Court) to, sent to Nozick, Siinder & Associates (Winnipeg, MN) enclosing copy of Rule 32 | |
| 1994-01-05 | Correspondence (sent by the Court) to, sent to Department of Justice (Winnipeg, MN) enclosing copy of Rule 32 | |
| 1994-01-04 | Notice of cross appeal, (1 copy), with service | Brent Blair Brown |
| 1993-12-22 | Order granting leave to appeal | |
| 1993-12-22 | Judgment of the Court on the application for leave to cross-appeal | |
| 1993-12-21 | Notice of appeal, With service | Her Majesty the Queen |
| 1993-12-06 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 1993-12-06 |
Judgment of the Court on the application for leave to appeal, LaF L'HD So McL Ma Granted, no order as to costs |
|
| 1993-12-06 | Hearing of the application for leave to appeal, 1993-12-06, LaF L'HD So McL Ma | |
| 1993-12-06 |
Judgment of the Court on the application for leave to appeal, LaF L'HD So McL Ma Granted, no order as to costs |
|
| 1993-12-06 | Hearing of the application for leave to appeal, 1993-12-06, LaF L'HD So McL Ma | |
| 1993-12-06 | All materials on application for leave submitted to the Judges, 1993-12-06, LaF L'HD So McL Ma | |
| 1993-11-29 | General proceeding, to note 5 copies of additional authority to wit C/A of Ontario decision in "Wheatle v. Queen" sent to CJ LaF So McL Ma, Nov 30/93 | Her Majesty the Queen |
| 1993-11-23 | Book of authorities, 5 copies | Brent Blair Brown |
| 1993-11-23 | Application for leave to cross-appeal, 5 copies | Brent Blair Brown |
| 1993-11-23 | Affidavit, to file the application for leave to cross-appeal (included in leave to cross-appeal book) 5 copies Bruce Bonney | Brent Blair Brown |
| 1993-11-23 | Motion to extend time, to file the application for leave to cross-appeal (included in the leave to cross-appeal book) 5 copies | Brent Blair Brown |
| 1993-10-15 | Correspondence received from, from Gowling; re: oral hearing be re-scheduled for Dec. 6/93 | Her Majesty the Queen |
| 1993-10-08 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) from A. Roland re: oral hearing ordered Nov. 1/93 at 9:30 a.m. | |
| 1993-10-08 | Correspondence received from, sent to Burke-Robertson (Ottawa, ON) from A. Roland re: oral hearing has been ordered to determine the application for leave to appeal Nov. 1/93, at 9:30 a.m. | |
| 1993-10-07 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma Oral hearing ordered, no order as to costs |
|
| 1993-10-07 | Hearing of the application for leave to appeal, 1993-10-07, CJ McL Ma | |
| 1993-10-07 | All materials on application for leave submitted to the Judges, 1993-10-07, CJ McL Ma | |
| 1993-10-07 | Order by, An oral hearing is ordered, LaF L'HD So McL Ma | |
| 1993-05-25 | All materials on application for leave submitted to the Judges, 1993-12-06, CJ McL Maj, LaF L'HD So McL Ma | |
| 1993-05-25 | Discontinuance of the appeal, With service | Brent Blair Brown |
| 1993-04-21 | $30.00 filing fee, #26950 | Her Majesty the Queen |
| 1993-04-21 | Application for leave to appeal, 5 copies (EXTENSION OF TIME included in motion book), with service, Completed on: 1993-04-21 | Her Majesty the Queen |
| 1993-03-19 | $30.00 filing fee, receipt #26782 | Brent Blair Brown |
| 1993-03-19 | Notice of appeal, With service | Brent Blair Brown |
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 |
|---|---|---|
| Brown, Brent Blair | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Donna Miller
715 - 405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Brown, Brent Blair
Counsel
800 - 283 PORTAGE AVE
WINNIPEG, Manitoba
R3B 2B5
Telephone: (204) 944-8227
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General for Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4595
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4758
FAX: (613) 957-8412
Party: Attorney General of Quebec
Counsel
Daniel Grégoire
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 646-1696
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of British Columbia
Counsel
610 - 744 HASTINGS ST W
VANCOUVER, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Summary
Keywords
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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.
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Lower court rulings
Court of Queen’s Bench of Manitoba
x
Convictions: Robbery, wearing a disguisewhile committing robbery and use of a fi
Court of Appeal of Manitoba
AR 91-30-00262
Appeal against conviction dismissed; Appeal against sentence allowed in part
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
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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
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