Case information
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23615
George Weldon Adams v. Her Majesty the Queen
(Quebec) (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) |
|---|---|---|
| 1997-05-02 | Appeal closed | |
| 1996-11-12 | Correspondence (sent by the Court) to, envoyée au Palais de Justice (Valleyfield, QC) incluant les dossiers de leur Cour (1 boîte) | |
| 1996-10-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1996-10-30 | Copy of formal judgment being prepared, A.G. of Canada | |
| 1996-10-30 | Copy of formal judgment being prepared, Noël, Berthiaume | |
| 1996-10-25 | Formal judgment sent to the registrar of the court of appeal and all parties, Quebec (Montreal) | |
| 1996-10-03 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed. The conviction of the appellant is set aside. (for answer to constitutional question see file) Allowed, no order as to costs |
|
| 1996-10-03 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1996-10-03 | Notice of deposit of judgment sent to all parties, A.G. of Canada | |
| 1996-10-03 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume | |
| 1995-12-20 | General proceeding, transcript received and distributed to the justices (175 pages) | |
| 1995-12-19 | Proof of service, of the Book of Authorities admitted on Nov. 24/95 | |
| 1995-12-05 |
Hearing of the appeal, 1995-12-05, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1995-12-05 | General proceeding, 10 copies of CAHIER ADDITIONNEL DU P.G.QUE.: EXTRAITS DE JURISPRUDENCE, PREUVE ET DES LOIS (GIVEN IN COURT BY THE RESPONDENT) | Her Majesty the Queen |
| 1995-12-04 | General proceeding, ADDENDUM TO APPELLANT'S CONDENSED BOOK OF EVIDENCE | George Weldon Adams |
| 1995-12-04 | Book of authorities, 10 copies of CONDENSED BOOK OF EVIDENCE & AUTHORITIES | George Weldon Adams |
| 1995-12-04 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1995-11-30 | Order on motion to extend time, to file the factum | |
| 1995-11-29 | Correspondence (sent by the Court) to, from Justice Dept. (J.M. Aubry) re: duration of argument | |
| 1995-11-27 | Correspondence (sent by the Court) to, from Noel, Berthiaume re: names of counsel appearing at the hearing of the appeal | |
| 1995-11-23 | Book of authorities, 10 copies, with service | Attorney General of Canada |
| 1995-11-23 |
Decision on motion to extend time, to file the factum to Nov 15/95, Reg Granted, no order as to costs |
|
| 1995-11-23 | Hearing of motion to extend time, 1995-11-23, to file the factum to Nov 15/95, Reg | |
| 1995-11-23 | Submission of motion to extend time, 1995-11-23, to file the factum to Nov 15/95, Reg | |
| 1995-11-23 | Response to motion to extend time, to file the reply factum to Nov. 15/95 | George Weldon Adams |
| 1995-11-22 | Book of authorities, 10 copies (Appendices to factum), with service | George Weldon Adams |
| 1995-11-21 | Book of authorities, 10 copies, with service | Her Majesty the Queen |
| 1995-11-20 | $50.00 filing fee for notice of motion, receipt no. 31087 | Her Majesty the Queen |
| 1995-11-20 | Affidavit, of René Morin re: motion to extend the time to file the reply factum to Nov. 15/95, with service | Her Majesty the Queen |
| 1995-11-20 | Motion to extend time, to file the reply factum to Nov. 15/95, with service | Her Majesty the Queen |
| 1995-11-15 | Reply factum on appeal, 24 copies (see order of CJ of 1995/10/11 extension of time requested), with service | Her Majesty the Queen |
| 1995-11-14 | Book of authorities, 10 copies of vol. I & II, with service | George Weldon Adams |
| 1995-10-27 | Proof of service, of the Appellant's reply | |
| 1995-10-20 | Reply factum on appeal, 24 copies (see order dated Oct. 11/95), with service | George Weldon Adams |
| 1995-10-11 |
Decision on the motion to file a reply factum on appeal, (see order on appellant's motion of same date), CJ Granted, no order as to costs |
|
| 1995-10-11 | Hearing of motion to file a reply factum on appeal, 1995-10-11, (see order on appellant's motion of same date), CJ | |
| 1995-10-11 | Submission of motion to file a reply factum on appeal, 1995-10-11, (see order on appellant's motion of same date), CJ | |
| 1995-10-11 |
Decision on motion for additional time to present oral argument, (see order on appellant's motion of same date), CJ Granted, no order as to costs |
|
| 1995-10-11 | Hearing of motion for additional time to present oral argument, 1995-10-11, (see order on appellant's motion of same date), CJ | |
| 1995-10-11 | Submission of motion for additional time to present oral argument, 1995-10-11, (see order on appellant's motion of same date), CJ | |
| 1995-10-11 |
Decision on the motion to file a reply factum on appeal, (see order on appellant's motion of same date), CJ Granted, no order as to costs |
|
| 1995-10-11 | Hearing of motion to file a reply factum on appeal, 1995-10-11, (see order on appellant's motion of same date), CJ | |
| 1995-10-11 | Submission of motion to file a reply factum on appeal, 1995-10-11, (see order on appellant's motion of same date), CJ | |
| 1995-10-11 |
Decision on motion for additional time to present oral argument, CJ, - a) L'audition de cet appel soit fixée pour une journée entière le 5 décembre 1995; b) L'appelant soit autorisé à produire un mémoire de dix (10) pages en réponse aux mémoires de l'intimée et de l'intervenant au plus tard le 20 octobre 1995; c) La durée des plaidoiries orales soit comme suit: i) appelant - 1hr45 ii) intimé - 1h50 iii) intervenant Le Procureur général du Canada - 45min iv) réponse de l'appelant - 15mins d) l'intimée soit autorisée à produire un mémoire d'au plus dix (10) pages en réponse aux mémoires de l'appelant et de l'intervenant au plus tard le 13 novembre 1995; e) le Procureur général du Canada disposera de 45 minutes pour plaider Granted, no order as to costs |
|
| 1995-10-11 | Hearing of motion for additional time to present oral argument, 1995-10-11, CJ | |
| 1995-10-11 | Submission of motion for additional time to present oral argument, 1995-10-11, CJ | |
| 1995-09-27 | $50.00 filing fee for notice of motion, receipt #23615 | Her Majesty the Queen |
| 1995-09-27 | Response to motion to file a reply factum on appeal, on behalf of the respondent | George Weldon Adams |
| 1995-09-27 | Affidavit, to the intervener's factum and the appellant's reply factum; René Morin, with service | Her Majesty the Queen |
| 1995-09-27 | Motion to file a reply factum on appeal, to the intervener's factum and the appellant's reply factum, with service | Her Majesty the Queen |
| 1995-09-25 |
Appeal hearing scheduled, 1995-12-05 Decision reserved |
|
| 1995-09-11 | $50.00 filing fee for notice of motion, for additional time receipt #30618 | George Weldon Adams |
| 1995-09-08 | Affidavit, of 10 pages (of James O'Reilly) | George Weldon Adams |
| 1995-09-08 | Affidavit, namely 1 full day (of James O'Reilly) | George Weldon Adams |
| 1995-09-08 | Motion to file a reply factum on appeal, of 10 pages | George Weldon Adams |
| 1995-09-08 | Motion for additional time to present oral argument, namely 1 full day | George Weldon Adams |
| 1995-09-01 | Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to advise the Court that the parties will be bringing an application for additional time for the hearing of the appeal (full day) next week | |
| 1995-08-28 | Notice of hearing | George Weldon Adams |
| 1995-08-22 | Response to the motion for additional time to present oral argument, of Noel, Berthiaume (letter form) | Her Majesty the Queen |
| 1995-08-21 | Proof of service, of the intervener's factum (book form), with service | |
| 1995-08-21 | Proof of service, of the motion filed on July 21, 1995 | |
| 1995-08-11 | $50.00 filing fee for notice of motion, (from Justice account) | Attorney General of Canada |
| 1995-08-11 | Affidavit, of Jean-Marc Aubry (1 copy) | Attorney General of Canada |
| 1995-08-11 | Motion for additional time to present oral argument, to 45 minutes (1 copy), with service | Attorney General of Canada |
| 1995-08-09 | Intervener's factum, 24 copies | Attorney General of Canada |
| 1995-08-09 | Notice of withdrawal, With service | Attorney General of Newfoundland |
| 1995-08-04 | Order on motion to extend time, to file the factum to Aug 11/95 | |
| 1995-08-04 |
Decision on motion to extend time, to file the factum to Aug 11/95, Reg Granted, no order as to costs |
|
| 1995-08-04 | Hearing of motion to extend time, 1995-08-04, to file the factum to Aug 11/95, Reg | |
| 1995-08-04 | Submission of motion to extend time, 1995-08-04, to file the factum to Aug 11/95, Reg | |
| 1995-08-03 | Response to motion to extend time, for the A.G. of Canada to file his factum to August 11/95 (letterform) | George Weldon Adams |
| 1995-08-03 | Response to motion to extend time, for the A.G. of Canada to file his factum to August 11/95 (letterform) | Her Majesty the Queen |
| 1995-08-03 | Order on motion to extend time, to file the factum | |
| 1995-07-28 |
Decision on motion to extend time, to file AG Newfoundland's factum to Aug 8,1995, Ia Granted, no order as to costs |
|
| 1995-07-28 | Hearing of motion to extend time, 1995-07-28, to file AG Newfoundland's factum to Aug 8,1995, Ia | |
| 1995-07-28 | Submission of motion to extend time, 1995-07-28, to file AG Newfoundland's factum to Aug 8,1995, Ia | |
| 1995-07-26 | Notice of withdrawal, With service | Attorney General for Ontario |
| 1995-07-26 | Response to motion to extend time, for the A.G. of Newfoundland to file his factum to August 8/95 | George Weldon Adams |
| 1995-07-21 | Response to motion to extend time, for the A.G. of Newfoundland to file his factum to August 8/95 | Her Majesty the Queen |
| 1995-07-21 | Affidavit, to file the intervener's factum to August 8/95 (of Paul Nolan), with service | Attorney General of Newfoundland |
| 1995-07-21 | $50.00 filing fee for notice of motion, to extend time receipt #30471 | Attorney General of Newfoundland |
| 1995-07-21 | Motion to extend time, to file the intervener's factum to August 8/95, with service | Attorney General of Newfoundland |
| 1995-07-21 | $50.00 filing fee for notice of motion, to extend time taken from Justice Account | Attorney General of Canada |
| 1995-07-21 | Affidavit, to file the intervener's factum to August 11/95 (of Jean-Marc Aubry) | Attorney General of Canada |
| 1995-07-21 | Motion to extend time, to file the intervener's factum to August 11/95 | Attorney General of Canada |
| 1995-06-30 | Respondent's factum, 24 copies (see order of June 22/95), with service | Her Majesty the Queen |
| 1995-02-22 | Order on motion to extend time, to file the factum | |
| 1995-02-15 |
Decision on motion to extend time, to file the factum to June 30/95, Reg Granted, no order as to costs |
|
| 1995-02-15 | Hearing of motion to extend time, 1995-02-15, to file the factum to June 30/95, Reg | |
| 1995-02-15 | Submission of motion to extend time, 1995-02-15, to file the factum to June 30/95, Reg | |
| 1995-02-13 | Response to motion to extend time, of O'Reilly & Ass re: motion to extend the time to file the respondent's factum to June 30/95 (letter form) | George Weldon Adams |
| 1995-02-13 | Affidavit, of René Morin re: to file the respondent's factum to June 30/95 (original filed Feb. 14/95), with service | Her Majesty the Queen |
| 1995-02-13 | Motion to extend time, to file the respondent's factum to June 30/95 (original filed Feb. 14/95), with service | Her Majesty the Queen |
| 1995-01-25 | Appeal perfected for hearing, Session beginning on 1995-04-24 | |
| 1994-11-30 | Supplemental document, 10 copies of APPENDICES TO FACTUM OF THE APPELLANT, with service | George Weldon Adams |
| 1994-11-30 | Proof of service, of factum | |
| 1994-11-30 | Appellant's factum, (see order dated June 22/94), with service | George Weldon Adams |
| 1994-07-29 | Notice of intervention respecting a constitutional question, (1 copy) (proof of service received on Aug.10/94) | Attorney General of Canada |
| 1994-07-29 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1994-07-05 | Notice of constitutional question(s), With service | George Weldon Adams |
| 1994-07-02 | Notice of intervention respecting a constitutional question, With service | Attorney General of Newfoundland |
| 1994-06-29 | Order on motion to extend time, to file his factum to Nov 30/94 | |
| 1994-06-29 | Order on motion to state a constitutional question | |
| 1994-06-22 |
Decision on the motion to state a constitutional question, Notice of intervention by Aug. 2/94., CJ Granted, no order as to costs |
|
| 1994-06-22 | Hearing of the motion to state a constitutional question, 1994-06-22, Notice of intervention by Aug. 2/94., CJ | |
| 1994-06-22 | Submission of motion to state a constitutional question, 1994-06-22, Notice of intervention by Aug. 2/94., CJ | |
| 1994-06-22 |
Decision on motion to extend time, to file appellant's factum to Nov. 30/94, CJ Granted, no order as to costs |
|
| 1994-06-22 | Hearing of motion to extend time, 1994-06-22, to file appellant's factum to Nov. 30/94, CJ | |
| 1994-06-22 | Submission of motion to extend time, 1994-06-22, to file appellant's factum to Nov. 30/94, CJ | |
| 1994-06-16 | General proceeding, NOTICE that the motion to extend time to file the factum be heard on June 22/94 | George Weldon Adams |
| 1994-05-27 |
Decision on motion to extend time, pending the determination of the appellant's motion to state a constitutional question filed on Mar 9/94 Traversed, no order as to costs |
|
| 1994-05-27 |
Hearing of motion to extend time, 1994-05-27, pending the determination of the appellant's motion to state a constitutional question filed on Mar 9/94 Adjourned |
|
| 1994-05-27 |
Submission of motion to extend time, 1994-05-27, pending the determination of the appellant's motion to state a constitutional question filed on Mar 9/94 Adjourned |
|
| 1994-05-25 | Response to motion to extend time, to serve and file the appellant's factum to Nov. 30/94 | Her Majesty the Queen |
| 1994-05-25 | Affidavit, to serve and file the factum to Nov. 30/94; Kathleen Lawand | George Weldon Adams |
| 1994-05-25 | Motion to extend time, to serve and file the factum to Nov. 30/94 | George Weldon Adams |
| 1994-05-02 | Certified casebook, OF CASE ON APPEAL "EXHIBITS' - VOL. 1,2,3,5,6 - NO VOLUME 4 (N.B. ONLY VOL. 5 AND 6 HAVE TO BE DISTRIBUTED TO THE JUDGES - VOL. 1,2,3 TO BE KEPT INTO THE MAIN FILE, AS A REFERENCE) | George Weldon Adams |
| 1994-05-02 | Appeal court record, (1 box) | |
| 1994-05-02 | Certified casebook, vol. 1 to 4 | George Weldon Adams |
| 1994-04-11 | General proceeding, 24 copies of CASE ON APPEAL - EXHIBITS - VOLS. 5 and 6 | George Weldon Adams |
| 1994-04-06 | Order granting leave to appeal | |
| 1994-04-05 | Correspondence (sent by the Court) to, from O'Reilly & Ass. re: THE CASE ON APPEAL RECEIVED ON APRIL 5, DO NOT CONTAIN THE EXHIBITS, DUE TO A CONSIDERABLE DELAY IN THE TRANSFER OF THE ORIGINAL EXHIBITS FROM TRIAL COURT (WILL FILE THE VOL. 5 LATER IN APRIL) | |
| 1994-04-05 | Case on appeal, 23 copies of vol. 1 to 4 | George Weldon Adams |
| 1994-03-16 | Correspondence (sent by the Court) to, from Rene Morin; re: does not consent to the constitutional question | |
| 1994-03-09 | Motion to state a constitutional question, With service | George Weldon Adams |
| 1994-01-04 | Notice of appeal, (2 copies), with service | George Weldon Adams |
| 1993-12-09 |
Judgment of the Court on the application for leave to appeal, L'HD So G, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1993-12-09 | Hearing of the application for leave to appeal, 1993-12-09, L'HD So G | |
| 1993-12-09 | All materials on application for leave submitted to the Judges, 1993-12-09, L'HD So G | |
| 1993-12-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-12-09 | Notice of deposit of judgment issued to all parties, Noël, Berthiaume, Aubry & Associés (Hull, QC) | |
| 1993-11-05 | Order issued on motion for a stay of execution | |
| 1993-11-05 |
Decision on the motion for a stay of execution, until such time as the Court has pronounced upon the application for leave to appeal or should leave be granted, until such time as the Court has rendered final judgment on the ensuing appeal, LaF Granted, no order as to costs |
|
| 1993-11-05 | Hearing of motion for a stay of execution, 1993-11-05, until such time as the Court has pronounced upon the application for leave to appeal or should leave be granted, until such time as the Court has rendered final judgment on the ensuing appeal, LaF | |
| 1993-11-05 | Submission of motion for a stay of execution, 1993-11-05, until such time as the Court has pronounced upon the application for leave to appeal or should leave be granted, until such time as the Court has rendered final judgment on the ensuing appeal, LaF | |
| 1993-11-04 | Other documents on motion for a stay of execution, 2 copies of AFFIDAVIT IN SUPPORT OF KATHLEEN LAWAND | |
| 1993-11-04 | Motion for a stay of execution, 2 copies | George Weldon Adams |
| 1993-07-19 | All materials on application for leave submitted to the Judges, L'HD So G | |
| 1993-07-02 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing receipt for $30.00 filing fee | |
| 1993-06-21 | Applicant's reply to respondent's argument, 5 copies, with service | George Weldon Adams |
| 1993-06-17 | Proof of service, of response | |
| 1993-06-14 | Respondent's response on the application for leave to appeal, 5 copies | Her Majesty the Queen |
| 1993-05-25 | $30.00 filing fee, rec. #27113 | George Weldon Adams |
| 1993-05-25 | Application for leave to appeal, 5 copies of volumes 1 and 2, with service, Completed on: 1993-05-25 | George Weldon Adams |
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 |
|---|---|---|
| Adams, George Weldon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Adams, George Weldon
Counsel
Name
James A. O'Reilly
Contact information
O'Reilly & associés
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
1007 - 1155 rue University
Montréal, Quebec
H3B 3A7
Telephone: (514) 871-8117
FAX: (514) 871-9177
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Name
René Morin
Contact information
Procureur général du Québec
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: rmorin@justice.gouv.qc.ca
1200, route de l'Église
2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: rmorin@justice.gouv.qc.ca
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Canada
Counsel
Name
Jean-Marc Aubry, Q.C.
Contact information
Attorney General of Canada
East Memorial Building
284 Wellington Street - 2nd floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4663
FAX: (613) 952-6006
East Memorial Building
284 Wellington Street - 2nd floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4663
FAX: (613) 952-6006
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
October 3, 1985
Superior Court of Quebec
760-36-000018-84
Superior Court of Quebec
760-36-000018-84
appel rejeté
March 23, 1993
Court of Appeal of Quebec (Montréal)
500-10-000371-854
Court of Appeal of Quebec (Montréal)
500-10-000371-854
pourvoi rejeté
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
Related links
Date modified: 2025-05-13