Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
24430
Morgan Francis Hinchey v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (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) |
|---|---|---|
| 1998-06-09 | Appeal closed | |
| 1997-01-10 | Formal judgment sent to the registrar of the court of appeal and all parties, Newfoundland (St-John) | |
| 1997-01-10 | Copy of formal judgment being prepared, Attorney General of Canada (Ottawa, ON) | |
| 1997-01-10 | Copy of formal judgment being prepared, Burke-Robertson, (Ottawa, ON) | |
| 1997-01-10 | Copy of formal judgment being prepared, O'Dea, Earle (Ottawa, ON) | |
| 1996-12-13 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, Ontario) | |
| 1996-12-12 |
Judgment on the appeal rendered, LaF L'HD So G Co McL Ia, The appeal is allowed, the judgment of the Court Appeal is set aside and a new trial is ordered. Allowed, no order as to costs |
|
| 1996-05-09 | General proceeding, transcripts received and distributed to the judges (42 pages) | |
| 1996-04-26 | General proceeding, Appellant's Condensed Book of Authorities | Morgan Francis Hinchey |
| 1996-04-26 |
Hearing of the appeal, 1996-04-26, LaF L'HD So G Co McL Ia Decision reserved |
|
| 1996-04-25 | Correspondence (sent by the Court) to, of Karen L. Collins dated April 24/96 re: duration of argument | |
| 1996-04-18 | Intervener's factum, 24 copies (see order of CJ of April 2/96), with service, Completed on: 1996-04-18 | Attorney General of Canada |
| 1996-04-15 | Correspondence (sent by the Court) to, from Dept. of Justice re: duration of argument | |
| 1996-04-12 | Book of authorities, 10 copies, with service, Completed on: 1996-04-12 | Her Majesty the Queen |
| 1996-04-11 | Correspondence (sent by the Court) to, of the Registrar to Mr. David F. Hurley to require to file a condensed book of excerpts of evidence and authorities | |
| 1996-04-11 | Correspondence (sent by the Court) to, sent to David F. Hurley (St. John's, NF) a copy of the notice to the profession dealing with books of authorities c.c. Gerard M. O'Dean | |
| 1996-04-02 |
Decision on the motion for leave to intervene, CJ, - 1. The motion for leave to intervene is granted. The Attorney General of Canada will be limited to arguing the issue of the mens rea component of Section 121(1)(c) of the Criminal Code of Canada. 2. The factum of the Attorney General of Canada is to filed by Apr 22/96, and oral argument is to be limited to 15 minutes; 3. The motion for an order stating Constitutional Questions is refused for the following reasons: i) the constitutional invalidity of the reverse onus in Sec. 121(1)(c) of the Criminal Code of Canada was not raised in the Courts below; ii) the parties have agreed not to raise the constitutional invalidity of Sec 121(1)(c) of the Criminal Code of Canada before this Court; 4. The motion for an order adjourning the hearing of the appeal is dismissed Granted, no order as to costs |
|
| 1996-04-02 | Hearing of motion for leave to intervene, 1996-04-02, CJ | |
| 1996-04-02 | Submission of motion for leave to intervene, 1996-04-02, CJ | |
| 1996-03-28 |
Appeal hearing scheduled, 1996-04-26 Decision reserved |
|
| 1996-03-26 | Affidavit, of Colin J. Flynn re: motion for leave to intervene and for constitutional questions filed by the Attorney General of Canada, with service | Her Majesty the Queen |
| 1996-03-26 | Affidavit, of David F. Hurley re: motion for leave to intervene and for constitutional questions filed by the Attorney General of Canada, with service | Morgan Francis Hinchey |
| 1996-03-26 | Correspondence (sent by the Court) to, dated March 26/96 from Robert Frater re: affidavits of Colin J. Flynn, Q.C. and David F. Hurley on motion for leave to intervene and for constitutional question | |
| 1996-03-20 | Correspondence (sent by the Court) to, dated March 20/96 from Robert Frater re: motion for leave to intervene | |
| 1996-03-20 | Affidavit, (of William H. Corbett), with service | Attorney General of Canada |
| 1996-03-20 | Affidavit, for leave to intervene (of William H. Corbett), with service | Attorney General of Canada |
| 1996-03-20 | $50.00 filing fee for notice of motion, for leave to intervene receipt taken from Justice Account | Attorney General of Canada |
| 1996-03-20 | Motion for leave to intervene, With service, Completed on: 1996-03-20 | Attorney General of Canada |
| 1996-03-20 | Motion to extend time, for leave to intervene, with service, Completed on: 1996-03-20 | Attorney General of Canada |
| 1996-01-25 | Respondent's factum, 24 copies, with service, Completed on: 1996-01-25 | Her Majesty the Queen |
| 1996-01-22 | Appeal perfected for hearing, Session beginning on 1996-04-22 | |
| 1995-11-27 | Appellant's factum, 24 copies (see order dated Sept. 26/95), with service | Morgan Francis Hinchey |
| 1995-11-15 | Certified casebook, (vol. 1 to 6), with service | Morgan Francis Hinchey |
| 1995-11-15 | Case on appeal, 23 copies of vol. 1 to 6, with service | Morgan Francis Hinchey |
| 1995-09-26 |
Decision on motion to extend time, to file case on appeal to Nov. 15/95 and the appellant's factum to Nov. 25/95, CJ Granted, no order as to costs |
|
| 1995-09-26 | Hearing of motion to extend time, 1995-09-26, to file case on appeal to Nov. 15/95 and the appellant's factum to Nov. 25/95, CJ | |
| 1995-09-26 | Submission of motion to extend time, 1995-09-26, to file case on appeal to Nov. 15/95 and the appellant's factum to Nov. 25/95, CJ | |
| 1995-09-26 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ Granted, no order as to costs |
|
| 1995-09-26 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-09-26, CJ | |
| 1995-09-26 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-09-26, CJ | |
| 1995-09-21 | $50.00 filing fee for notice of motion, receipt no. 30705 | Morgan Francis Hinchey |
| 1995-09-21 | Response to motion to extend time, of Colin Flynn re: motion to extend the time to file the case on appeal on Nov. 15/95 and the appellant's factum to Nov. 25/95 - 2 copies | Her Majesty the Queen |
| 1995-09-21 | Affidavit, of David Hurley (re: motion to extend the time to file the case on appeal to Nov. 15/95 and the appellant's factum to Nov. 25/95) - 2 copies, with service | Morgan Francis Hinchey |
| 1995-09-21 | Motion to extend time, to file the case on appeal to Nov. 15/95 and the appellant's factum to Nov. 25/95 - 2 copies, with service | Morgan Francis Hinchey |
| 1995-09-21 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Colin F. Flynn (2 copies) | Her Majesty the Queen |
| 1995-09-21 | Affidavit, of David Hurley (2 copies), with service | Morgan Francis Hinchey |
| 1995-09-21 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, 2 copies (joint with motion to extend the time to file the case on appeal and appellant's factum), with service | Morgan Francis Hinchey |
| 1995-09-05 | Show cause requested by the Court, sent to Hurley, Woodland, Dodd (St. John's, NF) on Oct 2/95 at 2 p.m. c.c. Colin J. Flynn and Gerard M. O'Dea | |
| 1995-05-04 | Correspondence (sent by the Court) to, sent to Hurley Woodland Dodd (St. John's, NF) re: subsection 695(2) c.c. Colin J. Flynn and O'Dean, Earle | |
| 1995-05-02 | Correspondence (sent by the Court) to, sent to Hurley Woodland Dodd (St. John's, NF) enclosing copy of Rule 32, c.c. O'Dea, Earle | |
| 1995-05-02 | Correspondence (sent by the Court) to, sent to Dept of Public Prosecutions (St. John's, NF) enclosing copy of Rule 32 | |
| 1995-04-28 | Notice of appeal, 3 copies, with service | Morgan Francis Hinchey |
| 1995-03-30 |
Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1995-03-30 | Notice of deposit of judgment issued to all parties, O'Dea, Earle (Ottawa, ON) | |
| 1995-03-30 | Notice of deposit of judgment issued to all parties, Dept of Public Prosecutions (St. John's, NF) | |
| 1995-02-07 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-01-12 | Correspondence received from, sent to O'Dea, Earle (Ottawa, ON) to acknowledge receipt of material commencing a proceeding | |
| 1995-01-12 | Correspondence received from, sent to Dept of Public Prosecutions (St. John's, NF) enclosing copy of letter dated jan 12/95 sent to applicant | |
| 1994-12-23 | Correspondence received from, from Hurley, Woodland, Dodd to M. Larmour re: enclosing 5 copies of formal order of C.A. - appeal reasons are found in pages 6 to 29 of the motion book and no reasons from Trial Division have been given | |
| 1994-12-23 | General proceeding, 5 copies of the formal order of C.A. (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | |
| 1994-11-29 | Correspondence received from, sent to O'Dea, Strong, Earle (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1994-11-29 | Correspondence received from, sent to Dept. of Public Prosecutions (St. John's, NF) enclosing copy of letter dated Nov 29/94 sent to applicant | |
| 1994-11-25 | $30.00 filing fee, receipt no. 21316 | Morgan Francis Hinchey |
| 1994-11-25 | Application for leave to appeal, 5 copies (Appeal Court Reasons missing and formal order of C.A. not signed), with service, Completed on: 1994-12-23 | Morgan Francis Hinchey |
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 |
|---|---|---|
| Hinchey, Morgan Francis | 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: Hinchey, Morgan Francis
Counsel
770 - 100 NEW GOWER ST
PO BOX 1178
ST JOHN'S, Newfoundland & Labrador
A1C 5M9
Telephone: (709) 722-8454
FAX: (709) 722-8648
Agent
302 - 151 Slater St
Ottawa, Ontario
K1P 5H3
Telephone: (613) 238-2327
FAX: (613) 238-2672
Party: Her Majesty the Queen
Counsel
Confederation Building
P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2887
FAX: (709) 729-2129
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Summary
Keywords
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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.
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Lower court rulings
Supreme Court of Newfoundland and Labrador - Court of Appeal
x
see file
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
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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