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24631

W.W.D.S. v. Her Majesty the Queen

(New Brunswick) (Criminal) (As of Right)

(Publication ban on party)

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)
1997-05-09 Appeal closed
1997-04-11 Formal judgment sent to the registrar of the court of appeal and all parties, New Brunswick (Fredericton)
1997-04-11 Copy of formal judgment being prepared, Noel, Berthiaume (Hull, QC)
1997-04-11 Copy of formal judgment being prepared, Shore, Davis & Perkins-McVey (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, Lang, Michener (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, Nelligan, Power (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, Cooligan, Ryan (Ottawa, ON)
1997-04-11 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1997-04-10 Record returned to the Registrar of the Court of Appeal, (1 box)
1997-03-21 Notice of deposit of judgment sent to all parties, Noël, Berthiaume
1997-03-21 Notice of deposit of judgment sent to all parties, Shore, Davis & Perkins-McVey
1997-03-21 Notice of deposit of judgment sent to all parties, Lang, Michener
1997-03-21 Notice of deposit of judgment sent to all parties, Beament, Green, Dust
1997-03-21 Notice of deposit of judgment sent to all parties, Nelligan, Power
1997-03-21 Notice of deposit of judgment sent to all parties, Burke-Robertson
1997-03-21 Notice of deposit of judgment sent to all parties, Attorney General of Canada
1997-03-21 Notice of deposit of judgment sent to all parties, Cooligan, Ryan (Ottawa, ON)
1997-03-21 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1997-03-20 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and a new trial is ordered in which the hair samples, dental impressions and buccal swabs are to be excluded, while the mucous sample may be admitted, L'Heureux-Dubé, Gonthier and McLachlin JJ. dissenting.
Allowed, no order as to costs
1996-11-25 General proceeding, transcript received and distributed to the justices (178 pages)
1996-11-07 Hearing of the appeal, 1996-11-07, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-11-06 Book of authorities, 10 copies, Completed on: 1996-11-06 Association québécoise des avocats
1996-11-06 Proof of service, of book of authorities
1996-11-06 Book of authorities, Completed on: 1996-11-06 Her Majesty the Queen
1996-11-06 General proceeding, 10 copies of CONDENSED BOOK OF AUTHORITIES Her Majesty the Queen
1996-11-06 General proceeding, 10 copies of EXCERPT BOOK OF CRIMINAL LAWYERS' AND CAN. CIVIL LIBERTIES ASS., with service Criminal Lawyers' Association (Ontario)
1996-11-06 Decision on miscellaneous motion, to accept intervener Law Union of Ontario's factum without marginal, Reg
Granted, no order as to costs
1996-11-06 Hearing of miscellaneous motion, 1996-11-06, to accept intervener Law Union of Ontario's factum without marginal, Reg
1996-11-06 Submission of miscellaneous motion, 1996-11-06, to accept intervener Law Union of Ontario's factum without marginal, Reg
1996-11-05 Correspondence (sent by the Court) to, from Noel, Berthiaume re: duration of argument
1996-11-05 Correspondence (sent by the Court) to, from Noel, Berthiaume re: duration of argument
1996-11-05 Book of authorities, 10 copies, with service, Completed on: 1996-11-05 Attorney General for Ontario
1996-11-05 Response to miscellaneous motion, (permitting filing of a factum without each tenth line being numbered) (Gowling, and Cooligan,Ryan), Completed on: 1996-11-05 W.W.D.S.
1996-11-05 Affidavit, (without tenth line being numbered) (Michael Code) Law Union of Ontario
1996-11-05 $50.00 filing fee for notice of motion, receipt no. 32952 Law Union of Ontario
1996-11-05 Notice of miscellaneous motion, (permitting the filing of the factum without each tenth line being numbered) - fax copy, Completed on: 1996-11-05 Law Union of Ontario
1996-11-05 Proof of service, of the factum of Ass. Québécoise des avocats
1996-11-04 Correspondence (sent by the Court) to, from William Delaney re: names of counsel appearing at the hearing of the appeal (fax copy)
1996-11-04 Intervener's factum, 24 copies (motion to accept without lines numbered requested), with service, Completed on: 1996-11-04 Law Union of Ontario
1996-11-04 Correspondence (sent by the Court) to, from Justice Dept. re: duration of argument
1996-11-04 Correspondence (sent by the Court) to, from S. Fainstein, (fax copy) re: may have occasion to refer to misc. jurisprudence
1996-11-04 Reply factum on appeal, 25 copies (see order dated Oct. 17, 1996), Completed on: 1996-11-04 W.W.D.S.
1996-11-01 Book of authorities, 10 copies, with service, Completed on: 1996-11-01 Attorney General of Nova Scotia
1996-11-01 Intervener's factum, 24 copies, Completed on: 1996-11-01 Association québécoise des avocats
1996-10-31 Reply factum on appeal, 24 copies (see order dated October 17, 1996), with service, Completed on: 1996-10-31 Her Majesty the Queen
1996-10-29 Intervener's factum, 24 copies, with service, Completed on: 1996-10-29 Attorney General for Ontario
1996-10-28 Correspondence (sent by the Court) to, from Gowlings re: duration of argument
1996-10-23 Intervener's factum, 24 copies, with service, Completed on: 1996-10-23 Canadian Civil Liberties Association
1996-10-23 Proof of service, upon Law Union of Ontario (admitted on Oct. 22/96)
1996-10-18 Proof of service, of the intervener's factum (book form)
1996-10-18 Intervener's factum, 24 copies, with service, Completed on: 1996-10-18 Criminal Lawyers' Association (Ontario)
1996-10-17 Decision on the motion to file a reply factum on appeal, not exceeding 15 pages, Ia
Granted, no order as to costs
1996-10-17 Hearing of motion to file a reply factum on appeal, 1996-10-17, not exceeding 15 pages, Ia
1996-10-17 Submission of motion to file a reply factum on appeal, 1996-10-17, not exceeding 15 pages, Ia
1996-10-17 Order on motion to file a reply factum on appeal
1996-10-17 Order on motion to file a reply factum on appeal
1996-10-17 Decision on the motion to file a reply factum on appeal, not exceeding 15 pages, Ia
Granted, no order as to costs
1996-10-17 Hearing of motion to file a reply factum on appeal, 1996-10-17, not exceeding 15 pages, Ia
1996-10-17 Submission of motion to file a reply factum on appeal, 1996-10-17, not exceeding 15 pages, Ia
1996-10-17 Intervener's factum, 23 copies (see order dated Sept. 19, 1996), Completed on: 1996-10-17 Attorney General of Saskatchewan
1996-10-16 Response to motion to file a reply factum on appeal, of Cooligan, Ryan (fax copy), Completed on: 1996-10-16 W.W.D.S.
1996-10-16 Intervener's factum, 23 copies (see order dated Sept. 3, 1996) (24th copy with service received on Oct. 17, 1996), Completed on: 1996-10-16 Attorney General of Quebec
1996-10-15 Affidavit, of John Walsh, with service Her Majesty the Queen
1996-10-15 Motion to file a reply factum on appeal, not exceeding 15 pages (supplementary factum), with service, Completed on: 1996-10-15 Her Majesty the Queen
1996-10-15 $50.00 filing fee for notice of motion, receipt no. 32799 Her Majesty the Queen
1996-10-10 Intervener's factum, 24 copies, with service, Completed on: 1996-10-10 Attorney General of Canada
1996-10-10 $50.00 filing fee for notice of motion, to file a reply factum receipt #32789 W.W.D.S.
1996-10-09 Affidavit, (of J.C. Marc Richard) (bookform) W.W.D.S.
1996-10-09 Motion to file a reply factum on appeal, (bookform), Completed on: 1996-10-09 W.W.D.S.
1996-10-09 Intervener's factum, 24 copies, with service, Completed on: 1996-10-09 Attorney General of Nova Scotia
1996-10-04 Proof of service, of the intervener's factum
1996-09-27 Intervener's factum, 24 copies, with service, Completed on: 1996-09-27 Attorney General of British Columbia
1996-09-27 Intervener's factum, 24 copies, with service, Completed on: 1996-09-27 Attorney General of Alberta
1996-09-25 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-09-19 Order on motion for leave to intervene
1996-09-19 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-09-19 Decision on motion to extend time, to intervene, McL
Granted, no order as to costs
1996-09-19 Hearing of motion to extend time, 1996-09-19, to intervene, McL
1996-09-19 Submission of motion to extend time, 1996-09-19, to intervene, McL
1996-09-19 Decision on the motion for leave to intervene, factum is limited to 20 pages and oral argument to 15 minutes, McL
Granted, no order as to costs
1996-09-19 Hearing of motion for leave to intervene, 1996-09-19, factum is limited to 20 pages and oral argument to 15 minutes, McL
1996-09-19 Submission of motion for leave to intervene, 1996-09-19, factum is limited to 20 pages and oral argument to 15 minutes, McL
1996-09-19 Decision on motion to extend time, to intervene, McL
Granted, no order as to costs
1996-09-19 Hearing of motion to extend time, 1996-09-19, to intervene, McL
1996-09-19 Submission of motion to extend time, 1996-09-19, to intervene, McL
1996-09-19 Decision on the motion for leave to intervene, factum is limited to 20 pages & oral argument to 15 minutes, McL
Granted, no order as to costs
1996-09-19 Hearing of motion for leave to intervene, 1996-09-19, factum is limited to 20 pages & oral argument to 15 minutes, McL
1996-09-19 Submission of motion for leave to intervene, 1996-09-19, factum is limited to 20 pages & oral argument to 15 minutes, McL
1996-09-19 Decision on motion to extend time, to intervene, McL
Granted, no order as to costs
1996-09-19 Hearing of motion to extend time, 1996-09-19, to intervene, McL
1996-09-19 Submission of motion to extend time, 1996-09-19, to intervene, McL
1996-09-19 Decision on the motion for leave to intervene, factum is limited to 25 pages & oral argument to 15 minutes, McL
Granted, no order as to costs
1996-09-19 Hearing of motion for leave to intervene, 1996-09-19, factum is limited to 25 pages & oral argument to 15 minutes, McL
1996-09-19 Submission of motion for leave to intervene, 1996-09-19, factum is limited to 25 pages & oral argument to 15 minutes, McL
1996-09-19 Decision on the motion for leave to intervene, factum is limited to 20 pages & oral argument to 15 minutes, McL
Granted, no order as to costs
1996-09-19 Hearing of motion for leave to intervene, 1996-09-19, factum is limited to 20 pages & oral argument to 15 minutes, McL
1996-09-19 Submission of motion for leave to intervene, 1996-09-19, factum is limited to 20 pages & oral argument to 15 minutes, McL
1996-09-18 Decision on the motion for leave to intervene, factum limited to 30 pages and oral argument limited to 15 minutes, McL
Granted, no order as to costs
1996-09-18 Hearing of motion for leave to intervene, 1996-09-18, factum limited to 30 pages and oral argument limited to 15 minutes, McL
1996-09-18 Submission of motion for leave to intervene, 1996-09-18, factum limited to 30 pages and oral argument limited to 15 minutes, McL
1996-09-18 Appeal hearing scheduled, 1996-11-07
Decision reserved
1996-09-17 Response to the motion for leave to intervene, by Law Union of Ontario, Completed on: 1996-09-17 W.W.D.S.
1996-09-17 Response to the motion for leave to intervene, by the A.G. of Nova Scotia, Completed on: 1996-09-17 W.W.D.S.
1996-09-17 Response to the motion for leave to intervene, by the A.G. of Saskatchewan (letterform), Completed on: 1996-09-17 W.W.D.S.
1996-09-17 Response to the motion for leave to intervene, of Association Québécoise des avocats, Law Union of Ontario, Completed on: 1996-09-17 Her Majesty the Queen
1996-09-13 $50.00 filing fee for notice of motion, for leave to intervene receipt #32583 Attorney General of Saskatchewan
1996-09-13 Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1996-09-13 Association québécoise des avocats
1996-09-13 Affidavit, of Claude Leblond, with service Association québécoise des avocats
1996-09-13 $50.00 filing fee for notice of motion, receipt no. 32581 Association québécoise des avocats
1996-09-13 Motion for leave to intervene, (1 copy), with service, Completed on: 1996-09-13 Association québécoise des avocats
1996-09-13 Motion to extend time, to file the motion to intervene (separate from the motion to intervene) - fax copy, with service, Completed on: 1996-09-13 Law Union of Ontario
1996-09-13 Affidavit, of Paul Copeland Law Union of Ontario
1996-09-13 $50.00 filing fee for notice of motion, receipt no. 32582 Law Union of Ontario
1996-09-13 Motion for leave to intervene, (1 copy) (fax copy), with service, Completed on: 1996-09-13 Law Union of Ontario
1996-09-12 Response to the motion for leave to intervene, by the Criminal Lawyers' Association (ontario), Completed on: 1996-09-12 Her Majesty the Queen
1996-09-12 Response to the motion for leave to intervene, by Criminal Lawyers' Association (Ontario), Completed on: 1996-09-12 W.W.D.S.
1996-09-12 Affidavit, 5 copies (bookform) (of Bruce Durno), with service Criminal Lawyers' Association (Ontario)
1996-09-12 $50.00 filing fee for notice of motion, for leave to intervene receipt #32564 Criminal Lawyers' Association (Ontario)
1996-09-12 Motion for leave to intervene, 5 copies (bookform), with service, Completed on: 1996-09-12 Criminal Lawyers' Association (Ontario)
1996-09-12 Response to the motion for leave to intervene, by the A.G. of Nova Scotia, Completed on: 1996-09-12 Her Majesty the Queen
1996-09-12 $50.00 filing fee for notice of motion, for leave to intervene receipt #32570 Attorney General of Nova Scotia
1996-09-12 Affidavit, of D. Murray Brown, with service Attorney General of Saskatchewan
1996-09-12 Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1996-09-12 Attorney General of Saskatchewan
1996-09-12 Motion for leave to intervene, $50.00 requested, with service, Completed on: 1996-09-12 Attorney General of Saskatchewan
1996-09-10 Affidavit, Kenneth W.F. Fiske, Q.C., with service Attorney General of Nova Scotia
1996-09-05 Decision on motion to extend time, for leave to intervene, Co
Granted, no order as to costs
1996-09-05 Hearing of motion to extend time, 1996-09-05, for leave to intervene, Co
1996-09-05 Submission of motion to extend time, 1996-09-05, for leave to intervene, Co
1996-09-05 Decision on the motion for leave to intervene, - the factum is not to exceed 20 pages and the oral argument is limited to 15 minutes, Co
Granted, no order as to costs
1996-09-05 Hearing of motion for leave to intervene, 1996-09-05, - the factum is not to exceed 20 pages and the oral argument is limited to 15 minutes, Co
1996-09-05 Submission of motion for leave to intervene, 1996-09-05, - the factum is not to exceed 20 pages and the oral argument is limited to 15 minutes, Co
1996-09-04 Response to the motion for leave to intervene, of the Respondent to the motion to intervene by Canadian Civil Liberties, Completed on: 1996-09-04 Her Majesty the Queen
1996-09-03 Response to the motion for leave to intervene, of Geoffrey A. Roberts (letter form), Completed on: 1996-09-03 W.W.D.S.
1996-09-03 Proof of service, by the appellant of the motion to intervene of Canadian Civil Liberties (letter form)
1996-09-03 Affidavit, of A. Alan Borovoy (2 copies), with service Canadian Civil Liberties Association
1996-09-03 Motion to extend time, to file the motion to intervene (2 copies), with service, Completed on: 1996-09-03 Canadian Civil Liberties Association
1996-09-03 $50.00 filing fee for notice of motion, receipt no. 32520 Canadian Civil Liberties Association
1996-09-03 Affidavit, of A. Alan Borovoy (2 copies), with service Canadian Civil Liberties Association
1996-09-03 Motion for leave to intervene, 2 copies, with service, Completed on: 1996-09-03 Canadian Civil Liberties Association
1996-09-03 Decision on the motion for leave to intervene, factum not exceeding 20 pages and 15 minutes for submissions, Co
Granted, no order as to costs
1996-09-03 Hearing of motion for leave to intervene, 1996-09-03, factum not exceeding 20 pages and 15 minutes for submissions, Co
1996-09-03 Submission of motion for leave to intervene, 1996-09-03, factum not exceeding 20 pages and 15 minutes for submissions, Co
1996-09-03 Decision on motion to extend time, to intervene, Co
Granted, no order as to costs
1996-09-03 Hearing of motion to extend time, 1996-09-03, to intervene, Co
1996-09-03 Submission of motion to extend time, 1996-09-03, to intervene, Co
1996-08-30 Correspondence (sent by the Court) to, de Me Pierre Landry (Noël Berthiaume) re: nombre de pages sur la requête en intervention du P.G. Québec (fax copy) (original received on September 4, 1996)
1996-08-30 Response to the motion for leave to intervene, of the A.G. of Québec (letterform), Completed on: 1996-08-30 W.W.D.S.
1996-08-26 Response to the motion for leave to intervene, of the A. G of Québec (letterform), Completed on: 1996-08-26 Her Majesty the Queen
1996-08-26 Response to motion to extend time, for leave to intervene of the A.G. of Québec (letterform), Completed on: 1996-08-26 Her Majesty the Queen
1996-08-26 $50.00 filing fee for notice of motion, receipt #32495 Attorney General of Quebec
1996-08-23 Affidavit, (of Gilles Laporte), with service Attorney General of Quebec
1996-08-23 Affidavit, for leave to intervene (of Gilles Laporte), with service Attorney General of Quebec
1996-08-23 Motion for leave to intervene, With service, Completed on: 1996-08-23 Attorney General of Quebec
1996-08-23 Motion to extend time, for leave to intervene, with service, Completed on: 1996-08-23 Attorney General of Quebec
1996-08-20 Order on motion to extend time, to intervene
1996-08-19 Response to the motion for leave to intervene, of the A.G. Ontario (20 pages), Completed on: 1996-08-19 W.W.D.S.
1996-08-19 Decision on the motion for leave to intervene, factum limited to 30 pages and oral argument to 15 minutes, G
Granted, no order as to costs
1996-08-19 Hearing of motion for leave to intervene, 1996-08-19, factum limited to 30 pages and oral argument to 15 minutes, G
1996-08-19 Submission of motion for leave to intervene, 1996-08-19, factum limited to 30 pages and oral argument to 15 minutes, G
1996-08-19 Decision on motion to extend time, to intervene, G
Granted, no order as to costs
1996-08-19 Hearing of motion to extend time, 1996-08-19, to intervene, G
1996-08-19 Submission of motion to extend time, 1996-08-19, to intervene, G
1996-08-15 Response to the motion for leave to intervene, of the Attorney General of Ontario, Completed on: 1996-08-15 Her Majesty the Queen
1996-08-15 Response to motion to extend time, for leave to intervene of the Attorney General of Ontario, Completed on: 1996-08-15 Her Majesty the Queen
1996-08-14 $50.00 filing fee for notice of motion, receipt #32426 Attorney General for Ontario
1996-08-14 Affidavit, Murray Segal, with service Attorney General for Ontario
1996-08-14 Motion for leave to intervene, With service, Completed on: 1996-08-14 Attorney General for Ontario
1996-08-14 Affidavit, for leave to intervene; Murray Segal, with service Attorney General for Ontario
1996-08-14 Motion to extend time, for leave to intervene, with service, Completed on: 1996-08-14 Attorney General for Ontario
1996-07-31 Order on motion for leave to intervene
1996-07-30 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes & factum to 30 pages, So
Granted, no order as to costs
1996-07-30 Hearing of motion for leave to intervene, 1996-07-30, oral argument is limited to 15 minutes & factum to 30 pages, So
1996-07-30 Submission of motion for leave to intervene, 1996-07-30, oral argument is limited to 15 minutes & factum to 30 pages, So
1996-07-29 Response to the motion to file a lengthy factum, CONDITIONAL CONSENT OF ONLY 20 PAGES (fax copy) (to A.G. B.C.'s intervention), Completed on: 1996-07-29 W.W.D.S.
1996-07-29 Response to the motion for additional time to present oral argument, of 30 minutes (joint consent) (fax copy) Geoffrey A. Roberts (consent to A. G. B.C.'s intervention), Completed on: 1996-07-29 W.W.D.S.
1996-07-26 Order on motion to extend time, to intervene
1996-07-26 Order on motion for leave to intervene
1996-07-24 Response to the motion for leave to intervene, of Cooligan & Ryan (joint consent), Completed on: 1996-07-24 W.W.D.S.
1996-07-24 Affidavit, of Colin M. Sweeney (joint affidavit), with service Attorney General of British Columbia
1996-07-24 $50.00 filing fee for notice of motion, receipt no. 32380 Attorney General of British Columbia
1996-07-24 Motion for additional time to present oral argument, of 30 minutes (joint motion), with service, Completed on: 1996-07-24 Attorney General of British Columbia
1996-07-24 Motion to file a lengthy factum, of 30 pages (joint motion), with service, Completed on: 1996-07-24 Attorney General of British Columbia
1996-07-24 Motion to extend time, to file the motion to intervene (joint motion), with service, Completed on: 1996-07-24 Attorney General of British Columbia
1996-07-24 Motion for leave to intervene, (joint motion), with service, Completed on: 1996-07-24 Attorney General of British Columbia
1996-07-24 Response to the motion for leave to intervene, of Gowling, Strathy re: motion to intervene by Att. Gen. of Alberta, Completed on: 1996-07-24 Her Majesty the Queen
1996-07-24 Decision on motion to extend time, to intervene, So
Granted, no order as to costs
1996-07-24 Hearing of motion to extend time, 1996-07-24, to intervene, So
1996-07-24 Submission of motion to extend time, 1996-07-24, to intervene, So
1996-07-24 Decision on the motion for leave to intervene, oral argument limited to 15 minutes and factum to 15 pages, So
Granted, no order as to costs
1996-07-24 Hearing of motion for leave to intervene, 1996-07-24, oral argument limited to 15 minutes and factum to 15 pages, So
1996-07-24 Submission of motion for leave to intervene, 1996-07-24, oral argument limited to 15 minutes and factum to 15 pages, So
1996-07-15 Response to the motion for leave to intervene, of Geoffrey A. Roberts re: motion to intervene by A. G. Alberta, Completed on: 1996-07-15 W.W.D.S.
1996-07-05 Order on motion for leave to intervene
1996-07-04 $50.00 filing fee for notice of motion, receipt no. 32324 Attorney General of Alberta
1996-07-04 Affidavit, of Jack Watson - 2 copies, with service Attorney General of Alberta
1996-07-04 Motion to extend time, to file the motion to intervene (joint) - 2 copies, with service, Completed on: 1996-07-04 Attorney General of Alberta
1996-07-04 Motion for leave to intervene, 2 copies (joint with motion to extend the time) ($50.00 requested), with service, Completed on: 1996-07-04 Attorney General of Alberta
1996-07-04 Decision on the motion for leave to intervene, - may file a factum of 30 pages and to make oral argument of 30 minutes, Ma
Granted, no order as to costs
1996-07-04 Hearing of motion for leave to intervene, 1996-07-04, - may file a factum of 30 pages and to make oral argument of 30 minutes, Ma
1996-07-04 Submission of motion for leave to intervene, 1996-07-04, - may file a factum of 30 pages and to make oral argument of 30 minutes, Ma
1996-07-03 Response to the motion for leave to intervene, of counsel for the Appellant (JOINT CONSENT FOR LENGHTY MEMORANDUM AND ORAL ARGUMENT OF 30 MIN.), Completed on: 1996-07-03 W.W.D.S.
1996-06-26 Response to the motion for leave to intervene, of Gowling, Strathy (JOINT CONSENT for lenghty factum and additional time), Completed on: 1996-06-26 Her Majesty the Queen
1996-06-26 Affidavit, of Spencer R. Fainstein (joint affidavit) - 2 copies Attorney General of Canada
1996-06-26 $50.00 filing fee for notice of motion, (from Justice account) Attorney General of Canada
1996-06-26 Motion for additional time to present oral argument, (30 minutes) (joint), with service, Completed on: 1996-06-26 Attorney General of Canada
1996-06-26 Motion to file a lengthy factum, (30 pages) (joint), with service, Completed on: 1996-06-26 Attorney General of Canada
1996-06-26 Motion for leave to intervene, 2 copies (joint), with service, Completed on: 1996-06-26 Attorney General of Canada
1996-06-10 Correspondence (sent by the Court) to, dated June 4/96 from Geoffrey A. Roberts (Cooligan Ryan) re: judgment of the SCC dated May 23/96 does not require the appellant to notify interveners
1996-06-03 Correspondence (sent by the Court) to, from J.C. Marc Richard; re: not to schedule the hearig of the appeal on Oct. 1 to 18 and Nov. 12 to 15 inclusively
1996-05-23 Judgment on the appeal rendered, CJ L'HD So Co McL Ia Ma, In view of the importance of the issues raised on the facts of this appeal which, in some aspects, invite a re-consideration of established principles as regards the application of s. 24(2) of the Canadian Charter of Rights and Freedoms and in view of the fact that this appeal was heard by a bench of seven Justices without representations from any interveners, a re-hearing is ordered, to be heard by the full Court during the Fall session.
Rehearing ordered, no order as to costs
1996-02-07 General proceeding, transcript received and distributed to the justices (84 pages)
1996-01-26 Hearing of the appeal, 1996-01-26, CJ L'HD So Co McL Ia Ma
Decision reserved
1996-01-19 Correspondence (sent by the Court) to, of Gowlings dated Jan. 18/96 re: duration of argument
1996-01-18 Correspondence (sent by the Court) to, from Cooligan, Ryan re: duration fo argument
1996-01-11 Supplemental document, BOOK OF AUTHORITIES 10 copies, with service W.W.D.S.
1996-01-09 Reply factum on appeal, 24 copies (see order dated Dec. 20/95), with service, Completed on: 1996-01-09 W.W.D.S.
1996-01-03 Book of authorities, 10 copies of vol. 1 to 3, Completed on: 1996-01-03 Her Majesty the Queen
1995-12-20 Order on motion to file a reply factum on appeal
1995-12-20 Decision on the motion to file a reply factum on appeal, time extended to Jan 9/96, Reg
Granted, no order as to costs
1995-12-20 Hearing of motion to file a reply factum on appeal, 1995-12-20, time extended to Jan 9/96, Reg
1995-12-20 Submission of motion to file a reply factum on appeal, 1995-12-20, time extended to Jan 9/96, Reg
1995-12-18 $50.00 filing fee for notice of motion, to file a reply factum receipt #31240 W.W.D.S.
1995-12-18 Response to motion to file a reply factum on appeal, no later than Jan. 9/96 (bookform) Her Majesty the Queen
1995-12-18 Affidavit, no later than Jan. 9/96 (bookform) W.W.D.S.
1995-12-18 Motion to file a reply factum on appeal, no later than Jan. 9/96 (bookform) W.W.D.S.
1995-12-15 Appeal hearing scheduled, 1996-01-26
Decision reserved
1995-10-18 Respondent's factum, 24 copies, with service Her Majesty the Queen
1995-10-16 Appeal perfected for hearing, Session beginning on 1996-09-30
1995-10-13 Correspondence (sent by the Court) to, from Geoffrey Roberts (Cooligan, Ryan) to D. Beaulieu, letter dated Oct. 12/95 re: counsel will be UNAVAILABLE to argue the appeal from Feb. 1 to Feb. 13/96
1995-09-19 Book of authorities, 10 copies, with service W.W.D.S.
1995-09-10 Motion for leave to intervene, With service Attorney General of Nova Scotia
1995-08-24 Proof of service, of the appellant's factum admitted on August 22/95
1995-08-21 Appellant's factum, 24 copies W.W.D.S.
1995-07-12 Certified casebook, 1 copy W.W.D.S.
1995-07-11 Appeal court record, (1 box)
1995-06-22 Case on appeal, 23 copies W.W.D.S.
1995-06-16 Order on motion to dispense with printing
1995-06-15 Decision on motion to dispense with printing, "It is ordered that the printing of all evidence and exhibits introduced on the voir dire, which voir dire was held on Feb. 15, 16, 17, 18, 22 and 23 of the year 1993 at the trial of the within matter, be and the same is hereby dispensed with", Reg
Granted, no order as to costs
1995-06-15 Hearing of motion to dispense with printing, 1995-06-15, "It is ordered that the printing of all evidence and exhibits introduced on the voir dire, which voir dire was held on Feb. 15, 16, 17, 18, 22 and 23 of the year 1993 at the trial of the within matter, be and the same is hereby dispensed with", Reg
1995-06-15 Submission of motion to dispense with printing, 1995-06-15, "It is ordered that the printing of all evidence and exhibits introduced on the voir dire, which voir dire was held on Feb. 15, 16, 17, 18, 22 and 23 of the year 1993 at the trial of the within matter, be and the same is hereby dispensed with", Reg
1995-06-14 Response to motion to dispense with printing, (bookform) Her Majesty the Queen
1995-06-14 $50.00 filing fee for notice of motion, receipt #30291 W.W.D.S.
1995-06-14 Affidavit, of J.C. Marc Richard (bookform) W.W.D.S.
1995-06-14 Motion to dispense with printing, of all evidence and exhibits introduced on the voir dire (bookform) W.W.D.S.
1995-05-08 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1995-05-05 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
1995-05-05 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-05-05, CJ
1995-05-05 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-05-05, CJ
1995-04-26 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1995-04-26 Affidavit, (of J.C. Marc Richard) (bookform) W.W.D.S.
1995-04-26 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (bookform) W.W.D.S.
1995-04-03 Correspondence (sent by the Court) to, sent to Barry & O'Neil (Saint-John, NB) re: subsection 695(2) c.c. Graham Sleeth, Q.C. and Cooligan, Ryan
1995-03-30 Correspondence (sent by the Court) to, sent to Barry & O'Neil (Saint-John, NB) enclosing copy of Rule 32
1995-03-30 Correspondence received from, sent to Dept. of Justice (Fredericton, NB) enclosing copy of Rule 32
1995-03-27 General proceeding, (1 copy of reasons for judgment of Court of Appeal of N. B.) W.W.D.S.
1995-03-27 $30.00 filing fee, receipt no. 22298 W.W.D.S.
1995-03-27 Notice of appeal, (1 copy) W.W.D.S.

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
W.W.D.S. 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
Attorney General of Alberta Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active
Canadian Civil Liberties Association Intervener Active
Attorney General of Nova Scotia Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active
Attorney General of Saskatchewan Intervener Active
Association québécoise des avocats Intervener Active
Law Union of Ontario Intervener Active

Counsel

Party: W.W.D.S.

Counsel
Name
J.C. Marc Richard
Contact information
Barry, O'Neil & Company
85 Charlotte St
PO Box 6010 Stn A
Saint John, New Brunswick
E2L 4R5
Telephone: (506) 633-4226
Agent
Name
Joseph Y. Obagi
Contact information
Cooligan, Ryan
200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0735
FAX: (613) 238-3501

Party: Her Majesty the Queen

Counsel
Names
Graham J. Sleeth, Q.C.
John J. Walsh
Contact information
Attorney General of New Brunswick
445 CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2784
FAX: (506) 453-5364
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

Party: Attorney General of Canada

Counsel
Name
S. Ronald Fainstein, Q.C.
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412

Party: Attorney General of Alberta

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 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 British Columbia

Counsel
Name
William F. Ehrcke, Q.C.
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General for Ontario

Counsel
Name
Renee M. Pomerance
Contact information
Attorney General for Ontario
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Jacques Gauvin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
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

Party: Canadian Civil Liberties Association

Counsel
Name
Kent Roach
Contact information
78 QUEENS PARK
TORONTO, Ontario
M5S 2C5
Telephone: (416) 978-3725
FAX: (416) 978-7899
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Attorney General of Nova Scotia

Counsel
Name
William D. Delaney
Contact information
Attorney General of Nova Scotia
Maritime Centre
1505 Barrington Street, Suite 1225
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-0653
Email: delanewd@gov.ns.ca
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555

Party: Criminal Lawyers' Association (Ontario)

Counsel
Name
Scott K. Fenton
Contact information
Fasken, Campbell, Godfrey
TD BANK TOWER
PO BOX 20
TORONTO, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Attorney General of Saskatchewan

Counsel
Name
Graeme G. Mitchell
Contact information
Attorney General for Saskatchewan
1874 Scarth St., 10th Floor
P.O. Box 7129
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8385
FAX: (306) 787-9111
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

Party: Association québécoise des avocats

Counsel
Names
Guy Cournoyer
Guy Cournoyer
Contact information
Poupart & Cournoyer
3431 RUE ST-HUBERT
MONTRÉAL, Quebec
H2L 3Z8
Telephone: (514) 526-0861
FAX: (514) 526-9646
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

Party: Law Union of Ontario

Counsel
Name
Michael Code
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Name
Heather E. Perkins-McVey
Contact information
Shore, Davis, Kehler
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

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 23, 1993
Court of Queen’s Bench of New Brunswick

x

conviction: first degree murder

February 27, 1995
Court of Appeal of New Brunswick

117/93/CA

appeal dismissed

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