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23865

David Allan Chaplin, et al. v. Her Majesty the Queen

(Alberta) (Criminal) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-04-04 Record returned to the Registrar of the Court of Appeal
1994-11-21 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1994-11-21 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1994-11-21 Copy of formal judgment on leave being prepared, Bayne, Sellar, Boxall (Ottawa, ON)
1994-11-21 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Edmonton)
1994-10-17 General proceeding, transcripts received and distributed to the judges (44 pages)
1994-10-06 Judgment on the appeal rendered, reasons delivered Feb. 23/95, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1994-10-06 Hearing of the appeal, 1994-10-06, reasons delivered Feb. 23/95, CJ LaF L'HD So G Co McL Ia Ma
1994-10-04 Correspondence (sent by the Court) to, from David J. Martin to C. Alain re: duration of argument for the appellants
1994-10-03 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-10-03 Correspondence (sent by the Court) to, from Robert Frater to A. Roland re: duration of argument for the Crown
1994-09-30 Book of authorities, 10 copies (joint) Attorney General of Canada
1994-09-29 Book of authorities, 10 copies (JOINT) David Allan Chaplin
1994-09-29 Proof of service, 1 copy of factum, with service
1994-09-26 Book of authorities, 10 copies David Allan Chaplin
1994-09-22 Intervener's factum, 24 copies, with service Attorney General of Canada
1994-09-15 Respondent's factum, 25 copies (extension of time requested), with service Her Majesty the Queen
1994-09-12 Appeal hearing scheduled, 1994-10-06
1994-08-24 Close file on Leave
1994-07-20 Appeal perfected for hearing, Session beginning on 1994-10-03
1994-06-23 Proof of service, of the case on appeal
1994-06-17 Certified casebook, (motion to extend time for service requested) David Allan Chaplin
1994-06-17 Appeal court record, 1 accordion file (joint with Trial record)
1994-06-17 Trial court record, 1 accordion file (joint with C/A record)
1994-06-17 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, on the condition that the appellant's facrtum be filed by June 16th, 1994 and the appeal be inscribed for the 1994 Fall session.
1994-06-17 Order on motion to extend time, to file the case on appeal to June 3rd, 1994., with service
1994-06-16 Appellant's factum, 24 copies (see motion granted by CJ on June 15/94), with service David Allan Chaplin
1994-06-15 Decision on motion to extend time, to file Case on Appeal to Jun 3/94 and appellant's factum to June 16/94, with service, CJ
Granted, no order as to costs
1994-06-15 Hearing of motion to extend time, 1994-06-15, to file Case on Appeal to Jun 3/94 and appellant's factum to June 16/94, with service, CJ
1994-06-15 Submission of motion to extend time, 1994-06-15, to file Case on Appeal to Jun 3/94 and appellant's factum to June 16/94, with service, CJ
1994-06-15 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that appellant's factum be filed no later than June 16/94 and that the appeal be ready to be heard in the Fall, with service, CJ
Granted, no order as to costs
1994-06-15 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-06-15, on condition that appellant's factum be filed no later than June 16/94 and that the appeal be ready to be heard in the Fall, with service, CJ
1994-06-15 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-06-15, on condition that appellant's factum be filed no later than June 16/94 and that the appeal be ready to be heard in the Fall, with service, CJ
1994-06-15 Decision on motion to extend time, to serve and file the case on appeal to June 3rd, 1994., CJ
Granted, no order as to costs
1994-06-15 Hearing of motion to extend time, 1994-06-15, to serve and file the case on appeal to June 3rd, 1994., CJ
1994-06-15 Submission of motion to extend time, 1994-06-15, to serve and file the case on appeal to June 3rd, 1994., CJ
1994-06-14 Response to motion to extend time, to file the Case on Appeal to June 3/94 Her Majesty the Queen
1994-06-14 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1994-06-14 Affidavit, to file the Case on Appeal to June 3/94 (of David J. Martin), with service David Allan Chaplin
1994-06-14 Affidavit, (of David J. Martin), with service David Allan Chaplin
1994-06-14 Motion to extend time, to file the Case on Appeal to June 3/94, with service David Allan Chaplin
1994-06-14 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service David Allan Chaplin
1994-06-03 Case on appeal, 23 copies (motion to extend time requested) David Allan Chaplin
1994-05-30 Correspondence (sent by the Court) to, sent to David J. Martin (Vancouver, BC) c.c. Henry Brown, Q.C. by Fax from A. Roland to show cause on June 17/94 at 9:30 a.m.
1994-03-14 Order on motion for leave to intervene
1994-03-10 Correspondence (sent by the Court) to, (by fax) from David J. Martin; re: have no objection to the intervention of A.G. Canada
1994-03-10 Decision on the motion for leave to intervene, factum not to exceed 20 pages and oral argument is limited to 15 minutes, Co
Granted, no order as to costs
1994-03-10 Hearing of motion for leave to intervene, 1994-03-10, factum not to exceed 20 pages and oral argument is limited to 15 minutes, Co
1994-03-10 Submission of motion for leave to intervene, 1994-03-10, factum not to exceed 20 pages and oral argument is limited to 15 minutes, Co
1994-03-09 Correspondence (sent by the Court) to, (by fax) from Gowling; re: consents to the intervention of A.G. Canada
1994-03-07 Decision on the motion to quash the appeal, no order as to costs, CJ LaF So G Co Ia Ma
Dismissed, no order as to costs
1994-03-07 Hearing of the motion to quash, 1994-03-07, no order as to costs, CJ LaF So G Co Ia Ma
1994-03-07 Submission of motion to quash, 1994-03-07, no order as to costs, CJ LaF So G Co Ia Ma
1994-03-07 Discontinuance of motion to extend time to file and /or serve the leave application, AS PER M. LARMOUR David Allan Chaplin
1994-03-04 Other document on motion to quash, 10 copies of authorities Her Majesty the Queen
1994-02-28 Other document on motion to quash, AUTHORITIES 10 copies David Allan Chaplin
1994-02-28 Response to the motion to quash, (in reply to the respondent's motion to quash) 10 copies David Allan Chaplin
1994-02-24 Hearing of the motion to quash the appeal scheduled
1994-02-23 Response to the motion to extend the time to file and / or serve the leave application Her Majesty the Queen
1994-02-23 Motion to extend the time to file and or serve the application for leave to appeal David Allan Chaplin
1994-01-25 Decision on miscellaneous motion, to adjourn the respondent's motion to quash to March 7, 1994, CJ
Granted, no order as to costs
1994-01-25 Hearing of miscellaneous motion, 1994-01-25, to adjourn the respondent's motion to quash to March 7, 1994, CJ
1994-01-25 Submission of miscellaneous motion, 1994-01-25, to adjourn the respondent's motion to quash to March 7, 1994, CJ
1994-01-24 Affidavit, Ronald C. Reimer; 2 copies, with service Attorney General of Canada
1994-01-24 Motion for leave to intervene, 2 copies, with service Attorney General of Canada
1994-01-21 General proceeding, 10 copies of ORDER REQUESTED (TO BE INSERTED INTO THE APPLICATION TO QUASH)
1994-01-21 Response to miscellaneous motion, TO ADJOURN THE RESPONDENT'S APPLICATION TO QUASH THE APPEAL FROM FEB. 7, 1994 TO MARCH 7, 1994 (Henry Brown) - fax copy Her Majesty the Queen
1994-01-21 Affidavit, TO ADJOURN THE RESPONDENT'S APPLICATION TO QUASH THE APPEAL FROM FEB. 7, 1994 TO MARCH7, 1994 (David J. Martin) - fax copy David Allan Chaplin
1994-01-21 Notice of miscellaneous motion, TO ADJOURN THE RESPONDENT'S APPLICATION TO QUASH THE APPEAL FROM FEB. 7, 1994 TO MARCH 7, 1994 (fax copy) David Allan Chaplin
1994-01-20 Correspondence (sent by the Court) to, from David Martin re: requesting an adjournment of the motion to quash to the next motion day March7, 1994 (fax copy)
1994-01-13 Motion to quash, 10 copies, with service Her Majesty the Queen
1994-01-13 Motion to quash, 10 copies, with service Her Majesty the Queen
1993-11-30 Correspondence (sent by the Court) to, sent to Deputy A.G. of Canada (Ottawa, ON) enclosing copy of Rule 32
1993-11-30 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of Rule 32
1993-11-30 Correspondence (sent by the Court) to, sent to David J. Martin (Vancouver, BC) enclosing copy of Rule 32
1993-11-26 General proceeding, 1 copy of reasons for judgment David Allan Chaplin
1993-11-26 $30.00 filing fee, receipt #27900 David Allan Chaplin
1993-11-26 Notice of appeal, With service David Allan Chaplin

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

Main parties - Appellants
Name Role Status
Chaplin, David Allan Applicant Active
Chaplin, Dale Leonard Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active

Counsel

Party: Chaplin, David Allan

Counsel
Names
David J. Martin
David J. Martin
Contact information
450 - 1040 GEORGIA ST W
VANCOUVER, British Columbia
V6E 4H1
Telephone: (604) 682-4200
FAX: (604) 682-3352
Agent
Name
Donald B. Bayne
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: Chaplin, Dale Leonard

Counsel
Name
David J. Martin
Contact information
450 - 1040 GEORGIA ST W
VANCOUVER, British Columbia
V6E 4H1
Telephone: (604) 682-4200
FAX: (604) 682-3352
Agent
Name
Donald B. Bayne
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: Her Majesty the Queen

Counsel
Name
Jack A. Watson, Q.C.
Contact information
Attorney General of Alberta
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Name
Ronald C. Reimer
Contact information
Attorney General of Canada
928 ROYAL TRUST TOWER
EDMONTON, Alberta
T5J 2Z2
Telephone: (403) 295-4079
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412

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

March 29, 1994
Court of Appeal of Alberta (Edmonton)

9203-0325-A

appeal allowed

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

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

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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Webcasts

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Date modified: 2025-05-13