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24020

Her Majesty the Queen v. Patrick Pontes

(British Columbia) (Criminal) (By Leave)

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)
1995-10-04 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1995-10-04 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1995-10-04 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-10-04 Copy of formal judgment being prepared, Burke-Robertson
1995-09-22 Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON)
1995-09-22 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-09-22 Notice of deposit of judgment sent to all parties, Burke-Robertson
1995-09-21 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, La Forest, L'Heureux-Dubé Gonthier and McLachlin JJ. dissenting. (for constitutional questions see file)
Dismissed, no order as to costs
1995-07-19 Close file on Leave
1995-03-14 General proceeding, transcripts received and distributed to the justices (85 pages)
1995-02-28 Hearing of the appeal, 1995-02-28, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1995-02-27 Order on motion to extend time, to file a reply factum
1995-02-27 Book of authorities, 10 copies, with service Attorney General of Canada
1995-02-27 Correspondence (sent by the Court) to, from George Dolhai re: duration of argument
1995-02-24 Book of authorities, 10 copies (COMMON BRIEF OF AUTHORITIES), with service Her Majesty the Queen
1995-02-21 Decision on motion to extend time, to file the reply to Feb 16/95, G
Granted, no order as to costs
1995-02-21 Hearing of motion to extend time, 1995-02-21, to file the reply to Feb 16/95, G
1995-02-21 Submission of motion to extend time, 1995-02-21, to file the reply to Feb 16/95, G
1995-02-20 Response to motion to extend time, to file the appellant's reply factum to Feb. 16/95 Patrick Pontes
1995-02-20 Affidavit, to file the reply factum to Fejb. 16/95; George H. Copley, with service Her Majesty the Queen
1995-02-20 Motion to extend time, to file the reply factum to Feb. 16/95, with service Her Majesty the Queen
1995-02-17 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-02-16 Reply factum on appeal, 24 copies (extension of time requested), with service Her Majesty the Queen
1995-02-15 Order on motion to file a reply factum on appeal
1995-02-14 Order on motion to extend time, to file the factum to Feb 8/95
1995-02-14 Decision on motion to extend time, to file the factum to Feb 8/95, Reg
Granted, no order as to costs
1995-02-14 Hearing of motion to extend time, 1995-02-14, to file the factum to Feb 8/95, Reg
1995-02-14 Submission of motion to extend time, 1995-02-14, to file the factum to Feb 8/95, Reg
1995-02-13 Response to motion to extend time, to file the intervener's factum (A.G.Canada) to Feb. 8/95 Her Majesty the Queen
1995-02-10 Decision on the motion to file a reply factum on appeal, on or before Feb 15/95, Co
Granted, no order as to costs
1995-02-10 Hearing of motion to file a reply factum on appeal, 1995-02-10, on or before Feb 15/95, Co
1995-02-10 Submission of motion to file a reply factum on appeal, 1995-02-10, on or before Feb 15/95, Co
1995-02-09 Response to motion to file a reply factum on appeal, (letterform) Patrick Pontes
1995-02-09 Response to motion to extend time, to serve and file the A.G. Canada's factum to Feb. 8/95 Patrick Pontes
1995-02-08 Affidavit, George H. Copley (original filed Feb. 10/95), with service Her Majesty the Queen
1995-02-08 Motion to file a reply factum on appeal, With service Her Majesty the Queen
1995-02-08 Intervener's factum, 24 copies, with service Attorney General of Canada
1995-02-08 Affidavit, to file the factum to Feb. 8/95; Bernard Laprade, with service Attorney General of Canada
1995-02-08 Motion to extend time, to file the factum to Feb. 8/95, with service Attorney General of Canada
1995-02-07 Notice of withdrawal, With service Attorney General for Ontario
1995-02-02 Notice of withdrawal, With service Attorney General of Alberta
1995-01-20 Proof of service, of the factum of the respondent (book form)
1995-01-19 Respondent's factum, 24 copies, with service Patrick Pontes
1995-01-13 Appeal hearing
1995-01-13 Appeal removed from the list
1995-01-13 Appeal hearing scheduled, 1995-02-28
Decision reserved
1995-01-11 Notice of withdrawal Attorney General of Quebec
1994-11-28 Appeal perfected for hearing, Session beginning on 1995-01-23
1994-11-24 Appellant's factum, 24 copies, with service Her Majesty the Queen
1994-10-21 Proof of service, of the case on appeal (A.G. Ont., Quebec, Alta.)
1994-10-17 Proof of service, of the Case on Appeal on the A.G. of Canada
1994-10-11 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1994-10-11 Notice of intervention respecting a constitutional question, With service Attorney General of Quebec
1994-10-07 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1994-10-06 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General for Ontario
1994-09-28 Certified casebook, 1 copy, with service Her Majesty the Queen
1994-09-28 Case on appeal, 23 copies Her Majesty the Queen
1994-09-19 Correspondence (sent by the Court) to, of the Registrar to Mrs. Mackinnon concerning the applicability of the provisions of Subsection 695(2) of the Criminal Code
1994-09-15 Notice of constitutional question(s), With service Her Majesty the Queen
1994-09-14 Order on motion to state a constitutional question
1994-09-14 Correspondence (sent by the Court) to, from Jennifer MacKinnon to Registrar re: a motion to have the appeal not deemed abandoned is unnecessary REF: The Constitution Act 1867, s.91 (27) and Criminal Law Power s. 92 (14)
1994-09-08 Decision on the motion to state a constitutional question, (for questions see file) Notices of intention to intervene to be filed by Oct. 11/94, CJ
Granted, no order as to costs
1994-09-08 Hearing of the motion to state a constitutional question, 1994-09-08, (for questions see file) Notices of intention to intervene to be filed by Oct. 11/94, CJ
1994-09-08 Submission of motion to state a constitutional question, 1994-09-08, (for questions see file) Notices of intention to intervene to be filed by Oct. 11/94, CJ
1994-09-06 Response to the motion to state a constitutional question Patrick Pontes
1994-09-06 Motion to state a constitutional question, With service Her Majesty the Queen
1994-09-02 Correspondence (sent by the Court) to, sent to Department of Justice (Victoria, BC) re: subsection 695(2) of the Criminal Code of Canada c.c. Harper, Grey, Easton and Burke-Robertson and Gowling, Strathy & Henderson
1994-07-07 Correspondence (sent by the Court) to, sent to Harper, Grey, Easton (Vancouver, BC) c.c. Gowling, Strathy & Henderson, enclosing copy of Rule 32
1994-07-07 Correspondence (sent by the Court) to, sent to Department of Justice (Victoria, BC) c.c. Burke-Robertson, enclosing copy of Rule 32
1994-07-04 Order granting leave to appeal
1994-07-04 Notice of appeal, (1 copy), with service Her Majesty the Queen
1994-06-02 Judgment of the Court on the application for leave to appeal, L'HD G McL, The application for leave to appeal is granted.
Granted, no order as to costs
1994-06-02 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-06-02 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1994-04-13 All materials on application for leave submitted to the Judges, L'HD G McL
1994-04-11 Proof of service, of response
1994-03-28 Respondent's response on the application for leave to appeal, 5 copies Patrick Pontes
1994-03-17 Proof of service, of leave application
1994-03-07 $30.00 filing fee, receipt no. 24276 Her Majesty the Queen
1994-03-07 Application for leave to appeal, 5 copies (proof of service missing), Completed on: 1994-03-17 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Pontes, Patrick Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
George H. Copley, Q.C.
Attorney General of British Columbia
P.O. Box 9280 Stn. Prov. Govt.
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8400
FAX: (250) 356-9154
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Pontes, Patrick

Counsel
Terrence L. Robertson, Q.C.
Harper Grey Easton
3100 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 687-0411
FAX: (604) 669-9385
Agent
Henry S. Brown, Q.C.
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Attorney General of Canada

Counsel
Bernard Laprade
Attorney General of Canada
Department of Justice
284, rue Wellington
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4761
FAX: (613) 941-7865

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

April 27, 1992
Supreme Court of British Columbia

CC910745

appeal dismissed

January 5, 1994
Court of Appeal for British Columbia (Vancouver)

CA015588

appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

Factums on appeal

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

Webcasts

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Date modified: 2025-02-27