Case information
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23593
Stanley Gordon Johnson v. Her Majesty the Queen
(Nova Scotia) (Civil) (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) |
|---|---|---|
| 1995-07-12 | Correspondence received from, sent to NS Prothonotary's Office (Halifax, NS) enclosing their record (1 env.) | |
| 1994-11-28 | Appeal closed | |
| 1994-11-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Halifax (Nova Scotia) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, Noël, Berthiaume (Hull, QC) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, Lang, Michener (Ottawa, ON) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, A.G. of Canada (Ottawa, ON) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, Beament, Green, Dust (Ottawa, ON) | |
| 1994-11-10 | Copy of formal judgment on leave being prepared, Nelligan, Power (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-10-11 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume (Hull, QC) | |
| 1994-10-04 |
Decision on the motion for reconsideration of the application for leave to appeal, CJ LaF L'HD So G Co McL Ia Ma Dismissed, no order as to costs |
|
| 1994-10-04 | Hearing of motion for reconsideration of the application for leave to appeal, 1994-10-04, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-10-04 | Submission of motion for reconsideration of the application for leave to appeal to panel, 1994-10-04, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-07-04 | Motion for reconsideration of the application for leave to appeal, With service | Stanley Gordon Johnson |
| 1994-06-30 | Response to motion for reconsideration of the application for leave to appeal, 24 copies (as per order of June 3/94), with service | Her Majesty the Queen |
| 1994-06-03 |
Decision on miscellaneous motion, CJ LaF L'HD So G Co McL Ia Ma, (Orally): Given that the applicant's submission that we could not be in a position to make a meaningful determination absent the evidence he wishes to adduce, a matter that had we known at the time of the leave application would have been a very serious consideration in that decision, we will do two things. 1. We are of the view that the motion should be dismissed and that the evidence not be permitted. 2. We are giving notice to the parties that we will be reconsidering our grant of the leave to appeal and both sides have one month to make their submission. Dismissed, no order as to costs |
|
| 1994-06-03 | Hearing of miscellaneous motion, 1994-06-03, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-06-03 | Submission of miscellaneous motion, 1994-06-03, CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-06-02 | Correspondence (sent by the Court) to, from Michael Ciavaglia to M. Larmour re: will not be present at the hearing of the motion on June 3, but adopt the position of the respondent (TO BE SENT TO THE JUDGES) | |
| 1994-06-02 | Proof of service, of supplementary brief on motion for directions | |
| 1994-05-31 | General proceeding, 10 COPIES OF APPELLANT'S AUTHORITIES ON MOTION FOR DIRECTIONS (to be distributed to the judges) | Stanley Gordon Johnson |
| 1994-05-30 | General proceeding, 10 copies of APPELLANT'S SUPPLEMENTARY BRIEF ON MOTION FOR DIRECTIONS (to be distributed to the judges), with service | Stanley Gordon Johnson |
| 1994-05-17 |
Decision on miscellaneous motion, to file extrinsic evidence is refered to the bench on a motion day., G Referred, no order as to costs |
|
| 1994-05-17 | Hearing of miscellaneous motion, 1994-05-17, to file extrinsic evidence is refered to the bench on a motion day., G | |
| 1994-05-17 | Submission of miscellaneous motion, 1994-05-17, to file extrinsic evidence is refered to the bench on a motion day., G | |
| 1994-05-13 |
Decision on motion for directions, referred to the court, G Referred, no order as to costs |
|
| 1994-05-13 | Hearing of motion for directions, 1994-05-13, referred to the court, G | |
| 1994-05-13 | Submission of motion for directions, 1994-05-13, referred to the court, G | |
| 1994-05-13 | Affidavit, to introcuce certain extrinsic evidence (2 copies) (of Bruce H. Wildsmith, Q.C.) (9 additional copies filed on May 26/94), with service | Stanley Gordon Johnson |
| 1994-05-12 | General proceeding, to note the Respondent's argument for the motion to introduce certain extrinsic evidence (2 copies) (10 additional copies filed May 31/94), with service | Her Majesty the Queen |
| 1994-05-11 | General proceeding, to note 2 copies of Appellant's briefon motion to introduce certain extrinsic evidence (9 additional copies filed on May 26/94), with service | Stanley Gordon Johnson |
| 1994-05-11 | Affidavit, to introduce certain extrinsic evidence (of Anne F. Malek) 11 copies, with service | Stanley Gordon Johnson |
| 1994-04-26 | Correspondence (sent by the Court) to, from Beament, Green; re: motion of the appellant to introduce fresh evidence will proceed on May 17/94 at 10:00 a.m. | |
| 1994-04-21 | Proof of service, of the Case on Appeal on interveners A.G. Alberta, A.G. Manitoba, A.G. New Brunswick and A.G. Saskatchewan (admitted on March 18/94) | |
| 1994-04-14 | Proof of service, of the case on appeal of Northwest Territories, Quebec, Ontario, P.E.I., Canada | |
| 1994-04-08 | Affidavit, to permit the appellant to file and refer in his factum to certain extrinsic materials; 2 copies; Bruce Wildsmith, vols. 1 to 3 (9 additional copies filed on May 26/94), with service | Stanley Gordon Johnson |
| 1994-04-08 | Motion for directions, to permit the appellant to file and refer in his factum to certain extrinsic materials; 2 copies, with service | Stanley Gordon Johnson |
| 1994-03-24 | Response to motion to extend time, to file the motion to intervene (Nelligan, Power) | Stanley Gordon Johnson |
| 1994-03-24 | Response to motion to extend time, to file the motion to intervene (Beament, Green) | Her Majesty the Queen |
| 1994-03-24 | Affidavit, to file the notice of motion to March 15, 1994 (Ed. Van. Bemmel) - 1 copy | Attorney General of Manitoba |
| 1994-03-24 | Motion to extend time, to file the notice of intervention to March 15, 1994 (1 copy) | Attorney General of Manitoba |
| 1994-03-24 | Order on motion to extend time, to file a Notice of intention to intervene to March 15/94, nunc pro tunc | |
| 1994-03-24 |
Decision on motion to extend time, to file a notice of intervention to March 15/94, nunc pro tunc, McL Granted, no order as to costs |
|
| 1994-03-24 | Hearing of motion to extend time, 1994-03-24, to file a notice of intervention to March 15/94, nunc pro tunc, McL | |
| 1994-03-24 | Submission of motion to extend time, 1994-03-24, to file a notice of intervention to March 15/94, nunc pro tunc, McL | |
| 1994-03-22 | Proof of service, of Notice of intention to intervene | |
| 1994-03-15 | Certified casebook | Stanley Gordon Johnson |
| 1994-03-15 | Notice of intervention respecting a constitutional question, (extension of time requested - E.V.B. advised) | Attorney General of Manitoba |
| 1994-03-11 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1994-03-10 | Notice of intervention respecting a constitutional question, With service | Minister of Justice of the Northwest Territories |
| 1994-03-10 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1994-03-09 | Notice of intervention respecting a constitutional question, With service | Attorney General of Prince Edward Island |
| 1994-03-09 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1994-03-08 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1994-03-07 | Notice of intervention respecting a constitutional question, (1 copy), with service | Attorney General of Saskatchewan |
| 1994-02-28 | Response to motion to extend time, to serve and file the Case on Appeal | Her Majesty the Queen |
| 1994-02-28 | Affidavit, to serve and file the Case on Appeal; Anne F. Malek, with service | Stanley Gordon Johnson |
| 1994-02-28 | Motion to extend time, to serve and file the Case on Appeal, with service | Stanley Gordon Johnson |
| 1994-02-28 | Correspondence (sent by the Court) to, from Nelligan, Power addressed to N.S.C.A.; re: to certify the Case on appeal and to forward the C.A. file to the S.C.C. | |
| 1994-02-28 | Case on appeal, 23 copies, with service | Stanley Gordon Johnson |
| 1994-02-28 | Order on motion to extend time, to file case on appeal to March 2/94 | |
| 1994-02-28 |
Decision on motion to extend time, to file case on appeal to March 2/94, Reg Granted, no order as to costs |
|
| 1994-02-28 | Hearing of motion to extend time, 1994-02-28, to file case on appeal to March 2/94, Reg | |
| 1994-02-28 | Submission of motion to extend time, 1994-02-28, to file case on appeal to March 2/94, Reg | |
| 1994-02-22 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1994-02-15 | Notice of intervention respecting a constitutional question, With service | Attorney General of New Brunswick |
| 1994-02-11 | Notice of constitutional question(s), With service | Stanley Gordon Johnson |
| 1994-02-07 | Order granting leave to appeal | |
| 1994-02-07 | Order on motion to state a constitutional question | |
| 1994-02-01 |
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 of Nova Scotia be served on the A.G.s' of the provinces and the A.G. of Canada. (for questions, see file) Notices of intention to intervene by March 11/94. Granted, no order as to costs |
|
| 1994-02-01 | Hearing of the motion to state a constitutional question, 1994-02-01, CJ | |
| 1994-02-01 | Submission of motion to state a constitutional question, 1994-02-01, CJ | |
| 1994-01-06 | Motion to state a constitutional question, (1 copy), with service | Stanley Gordon Johnson |
| 1993-12-09 | Correspondence (sent by the Court) to, from Nelligan, Power; re: that this appeal and r. v. Tseshaht be heard together (original received on Dec. 29, 1993) see file No. 23234 | |
| 1993-12-01 | Appeal court record, (accordeon) | |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to Attorney General of Nova Scotia (Halifax, NS) enclosing copy of Rule 32 | |
| 1993-11-15 | Correspondence (sent by the Court) to, sent to Bruce H. Wildsmith, Q.C. (Halifax, NS) enclosing copy of Rule 32 | |
| 1993-11-12 | Notice of appeal, With service | Stanley Gordon Johnson |
| 1993-10-14 |
Judgment of the Court on the application for leave to appeal, CJ McL Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-10-14 | Hearing of the application for leave to appeal, 1993-10-14, CJ McL Ma | |
| 1993-10-14 | All materials on application for leave submitted to the Judges, 1993-10-14, CJ McL Ma | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Nelligan, Power (Ottawa, ON) | |
| 1993-10-14 | Notice of deposit of judgment issued to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1993-06-09 | Applicant's reply to respondent's argument, 5 copies sent to CJ McL Maj, June 14/93, with service | Stanley Gordon Johnson |
| 1993-06-08 | Application for leave to appeal, Completed on: 1993-06-08 | |
| 1993-06-08 | All materials on application for leave submitted to the Judges, CJ McL Maj | |
| 1993-06-03 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1993-06-01 | Correspondence received from, from A. Malek inclosing 5 copies of Certificate of Conviction & indicating that the application should now be complete | Stanley Gordon Johnson |
| 1993-05-27 | Correspondence received from, fr. Nelligan, Power re: will be forwarding Certificate of Conviction which should complete the file | Stanley Gordon Johnson |
| 1993-05-18 | Correspondence received from, sent to Nelligan, Power (Ottawa, ON) re: application for leave to appeal missing, Formal Trial Ct. Judg. | |
| 1993-05-14 | Correspondence received from, from A. Malek indicating that the formal order will be forward as soon as possible and also, that this case is relied on the interpretation s.87 of the Indian Act as in TSEHAHT INDIAN BAND, file no. 23234 - granted on March 11, 1993 (TO BE SENT WITH THE A | |
| 1993-05-14 | $30.00 filing fee, receiptno. 27076 | Stanley Gordon Johnson |
| 1993-05-14 | Application for leave to appeal, 5 copies (certificate of conviction and formal trial order missing), with service, Incomplete | Stanley Gordon Johnson |
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 |
|---|---|---|
| Johnson, Stanley Gordon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of New Brunswick | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Prince Edward Island | Intervener | Active |
| Minister of Justice of the Northwest Territories | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
Counsel
Party: Johnson, Stanley Gordon
Counsel
1800 - 1801 HOLLIS ST
PO BOX 36
HALIFAX, Nova Scotia
B3J 2L4
Telephone: (902) 423-6361
FAX: (902) 420-9326
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Party: Her Majesty the Queen
Counsel
5151 TERMINAL RD 3RD FL
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-5450
FAX: (902) 424-0653
Agent
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371
Party: Attorney General of New Brunswick
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of British Columbia
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Saskatchewan
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Alberta
Agent
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
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Party: Attorney General of Prince Edward Island
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Minister of Justice of the Northwest Territories
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Party: Attorney General for Ontario
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Quebec
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Manitoba
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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 Nova Scotia
x
guilty as charged
County Court of Nova Scotia
13092
appeal is allowed
Nova Scotia Court of Appeal
02671
appeal 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