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24343

Troy Sherwin Montour, et al. v. Her Majesty the Queen

(New Brunswick) (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)
1995-07-11 Record returned to the Registrar of the Court of Appeal, (1 env.)
1995-07-10 Appeal closed
1995-06-07 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1995-06-07 Copy of formal judgment being prepared, Gowling Strathy & Henderson
1995-06-07 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1995-05-30 Judgment on the appeal rendered, C/A judgment set aside, trial judgment restored, So G Co Ia Ma
Allowed, no order as to costs
1995-05-30 Hearing of the appeal, 1995-05-30, C/A judgment set aside, trial judgment restored, So G Co Ia Ma
1995-05-29 Correspondence (sent by the Court) to, of George Dolhai re: duration of argument
1995-05-25 Book of authorities, 10 copies Her Majesty the Queen
1995-05-17 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-05-05 Order on motion to extend time, to file the factum to May 1/95
1995-05-05 Decision on motion to extend time, to file the factum to May 1/95, Reg
Granted, no order as to costs
1995-05-05 Hearing of motion to extend time, 1995-05-05, to file the factum to May 1/95, Reg
1995-05-05 Submission of motion to extend time, 1995-05-05, to file the factum to May 1/95, Reg
1995-05-04 Response to motion to extend time, to serve and file the respondent's factum to May 1/95 Troy Sherwin Montour
1995-05-03 Book of authorities, 10 copies Troy Sherwin Montour
1995-05-01 $50.00 filing fee for notice of motion, (deducted from Justice account) Her Majesty the Queen
1995-05-01 Affidavit, to serve and file the factum to May 1/95; 2 copies; George Dolhai, with service Her Majesty the Queen
1995-05-01 Motion to extend time, to serve and file the factum to May 1/95; 2 copies, with service Her Majesty the Queen
1995-05-01 Respondent's factum, 25 copies, with service Her Majesty the Queen
1995-04-12 Appeal hearing scheduled, 1995-05-30
1995-04-05 Notice of hearing, (1 copy), with service Troy Sherwin Montour
1995-02-24 Appeal perfected for hearing, Session beginning on 1995-04-24
1995-02-14 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1995-02-10 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appeal be ready to be prosecuted at the opening of the spring term, CJ
Granted, no order as to costs
1995-02-10 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-02-10, on condition that the appeal be ready to be prosecuted at the opening of the spring term, CJ
1995-02-10 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-02-10, on condition that the appeal be ready to be prosecuted at the opening of the spring term, CJ
1995-02-09 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1995-02-09 Affidavit, Donald J. Stevenson Troy Sherwin Montour
1995-02-09 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause Troy Sherwin Montour
1995-02-03 Appeal court record, (1 env.)
1995-02-03 Certified casebook, 1 copy, with service Troy Sherwin Montour
1995-02-03 Correspondence (sent by the Court) to, sent to Stevenson & Stevenson (Fredericton, NB) c.c. David M. Meadows, Gowling, Strathy & Henderson and Robert Frater to show cause on March 6/95 at 10:30 a.m.
1995-01-27 Appellant's factum, 24 copies, with service Troy Sherwin Montour
1995-01-20 Case on appeal, 23 copies Troy Sherwin Montour
1995-01-10 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that the appeal be ready to be prosecuted at the opening of the Spring term, CJ
Granted, no order as to costs
1995-01-10 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-01-10, on condition that the appeal be ready to be prosecuted at the opening of the Spring term, CJ
1995-01-10 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-01-10, on condition that the appeal be ready to be prosecuted at the opening of the Spring term, CJ
1994-10-27 Order on motion to extend time to serve and/or file notice of appeal, to Oct 17/94
1994-10-27 Decision on motion to extend time to serve and/or file notice of appeal, to Oct 17/94, Ia
Granted, no order as to costs
1994-10-27 Hearing of motion to extend time to serve and/or file notice of appeal, 1994-10-27, to Oct 17/94, Ia
1994-10-27 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1994-10-27, to Oct 17/94, Ia
1994-10-26 Correspondence (sent by the Court) to, sent to Stevenson & Stevenson (New Brunswick) c.c. Department of Justice NB re: provisions of subsection 695(2)
1994-10-25 Correspondence (sent by the Court) to, sent to A.G. of Canada (Fredericton, NB) enclosing copy of Rule 32
1994-10-25 Correspondence (sent by the Court) to, sent to Stevenson & Stevenson (Fredericton, NB) enclosing copy of Rule 32
1994-10-17 Response to motion to extend time to serve and/or file notice of appeal, of George T. Yeamans (to file the notice of appeal to Oct. 17/94) - 1 copy Her Majesty the Queen
1994-10-17 Affidavit, of Donald J. Stevenson (to file the notice of appeal to Oct. 17/94) - 1 copy Troy Sherwin Montour
1994-10-17 Motion to extend the time to serve and/or file the notice of appeal, to Oct. 17/94 (1 copy) Troy Sherwin Montour
1994-10-17 $30.00 filing fee, receipt no. 21091 Troy Sherwin Montour
1994-10-17 Notice of appeal, (1 copy), with service Troy Sherwin Montour

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
Montour, Troy Sherwin Applicant Active
Steven Benjamin Longboat Applicant Active

v.

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

Counsel

Party: Montour, Troy Sherwin

Counsel
Name
Donald J. Stevenson
Contact information
Stevenson & Stevenson
127 GEORGE ST
PO BOX 245
FREDERICTON, New Brunswick
E3B 4Y9
Telephone: (506) 458-9884
FAX: (506) 450-2844
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Steven Benjamin Longboat

Counsel
Name
Donald J. Stevenson
Contact information
Stevenson & Stevenson
127 GEORGE ST
PO BOX 245
FREDERICTON, New Brunswick
E3B 4Y9
Telephone: (506) 458-9884
FAX: (506) 450-2844
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
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
David M. Meadows
Contact information
Attorney General of Canada
1400 - 5251 DUKE ST
HALIFAX, Nova Scotia
B3J 1P3
Telephone: (902) 426-3260
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

September 28, 1992
Provincial Court of New Brunswick

x

acquittal: possession of unlicensed tobacco

June 20, 1994
Court of Appeal of New Brunswick

263/92/CA

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13