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.
24633
Kevin Hawkins v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
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 | |
| 1997-09-08 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1997-09-08 | Copy of formal judgment being prepared, MacLaren, Corlett (Ottawa, ON) | |
| 1997-09-08 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1997-08-25 | Notice of deposit of judgment sent to all parties, MacLaren, Corlett (Ottawa, ON) (Re-hearing) | |
| 1997-08-25 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON) (Re-hearing) | |
| 1997-08-21 |
Decision on the motion for a re-hearing of the appeal, CJ LaF L'HD So G Co McL Ia Ma, The motion to extend time for presenting a motion for re-hearing of the appeal is granted, but the application for re-hearing is dismissed. In light of the circumstances, the trial judge will be in a much different position at the new trial than this Court found itself when hearing the appeal and dealing with the statement made by the ex-spouse. Indeed, the issue of necessity and reliability required to trigger the admissibility of a third- party statement under the K.G.B. rule will be assessed in the light of whatever new circumstances will have been adduced before the trial judge, including the relationship of the ex- spouse with the police officer and the fact that she is no longer married to the accused. (Joint with 24634) Dismissed, no order as to costs |
|
| 1997-08-21 | Hearing of motion for a re-hearing of the appeal, 1997-08-21, CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-08-21 | All material on motion for a re-hearing of the appeal submitted to Justices, 1997-08-21, CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-08-08 | Reply to the response to the motion for a re-hearing of the appeal, 10 copies, with service, Completed on: 1997-08-08 | Kevin Hawkins |
| 1997-07-31 | Response to the motion for a re-hearing of the appeal, 10 copies (joint with 24634), sent to CJ, LaF, L'HD, So, Go, Co, McL, I, Ma, Aug. 8/97, with service, Completed on: 1997-07-31 | Her Majesty the Queen |
| 1997-07-23 | $50.00 filing fee for notice of motion, for rehearing receipt #34524 | Kevin Hawkins |
| 1997-07-22 | Affidavit, for reheraring (of Craig Parry), with service | Kevin Hawkins |
| 1997-07-22 | Motion to extend time, for rehearing of the appeal (included in motion book), sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, Aug. 8/97, with service, Completed on: 1997-07-22 | Kevin Hawkins |
| 1997-07-22 | Correspondence (sent by the Court) to, (by fax) dated July 22/97 from Robert E. Houston, Q.C. re: materials contained in the application for rehearing may be prohibited (original received on July 24, 1997) | |
| 1997-07-22 | Motion for a re-hearing of the appeal, 10 copies of vol. I & II (see file 24634), sent to CJ, LaF, L'HD, So, G, Co, McL, I, Ma, Aug. 8/97, with service, Completed on: 1997-07-22 | Kevin Hawkins |
| 1996-12-09 | Copy of formal judgment being prepared, MacLaren, Corlett | |
| 1996-12-09 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-12-04 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1996-12-03 | Record returned to the Registrar of the Court of Appeal, (content of 2 boxes into 1 box) | |
| 1996-11-29 | Notice of deposit of judgment sent to all parties, MacLaren, Corlett | |
| 1996-11-29 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1996-11-28 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeals are dismissed and the order of a new trial is affirmed. Sopinka, McLachlin and Major JJ. dissenting. (heard with 24634) Dismissed, no order as to costs |
|
| 1996-07-29 | Proof of service, of additional SUBMISSIONS admitted on July 19/96 | |
| 1996-07-19 | General proceeding, 10 copies of ADDITIONAL SUBMISSIONS (see Sopinka's order dated July 10/96 (joint with 24634) sent to CJ LaF L'HD So G Co McL I Ma, July 22/96, with service | Kevin Hawkins |
| 1996-07-10 |
Decision on miscellaneous motion, to file a supplementary book of authorities. Appellants Hawkins & Morin may file additional submissions relating to the cases contained in the new material. Such additional submissions to be filed within 30 days (joint with 24634), So Granted, no order as to costs |
|
| 1996-07-10 | Hearing of miscellaneous motion, 1996-07-10, to file a supplementary book of authorities. Appellants Hawkins & Morin may file additional submissions relating to the cases contained in the new material. Such additional submissions to be filed within 30 days (joint with 24634), So | |
| 1996-07-10 | Submission of miscellaneous motion, 1996-07-10, to file a supplementary book of authorities. Appellants Hawkins & Morin may file additional submissions relating to the cases contained in the new material. Such additional submissions to be filed within 30 days (joint with 24634), So | |
| 1996-07-09 | Correspondence (sent by the Court) to, (by fax) from Catherine A. Cooper; re: Crown's position is set out in my affidavit and have nothing further to add (original received on July 12/96) | |
| 1996-06-27 | Affidavit, of Peter B. Hasmbly re: RESPONSE to the misc. motion and affidavit of K. Cooper (joint with 24634) | Kevin Hawkins |
| 1996-06-24 | Correspondence (sent by the Court) to, from Terri H. Semanyk; re: Mr. Hambly does not consent to the filing of the supplementary material | |
| 1996-06-21 | $50.00 filing fee for notice of motion, receipt no. 32276 | Her Majesty the Queen |
| 1996-06-21 | Affidavit, of Catherine Cooper re: motion to file a suppl. book of authorities (joint with 24634), with service | Her Majesty the Queen |
| 1996-06-21 | Notice of miscellaneous motion, TO FILE A SUPPLEMENTARY BOOK OF AUTHORITIES - 1 copy (joint with 24634), with service, Completed on: 1996-06-21 | Her Majesty the Queen |
| 1996-06-14 | Supplemental document, 10 copies of SUPPLEMENTARY AUTHORITIES OF THE RESPONDENT (joint with 24634) Sent to full bench on July 11/96 | Her Majesty the Queen |
| 1996-06-14 | Correspondence (sent by the Court) to, from Catherine Cooper, letter dated June 12/96: re: enclosing 3 unreported rulings (joint with 24634) | |
| 1996-03-25 | General proceeding, transcripts received and distributed to the judges (179) joint with 24634 | |
| 1996-03-18 |
Hearing of the appeal, 1996-03-18, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-03-18 | General proceeding, to note 10 copies of SUMMARY BOOK | Kevin Hawkins |
| 1996-03-18 | General proceeding, to note 10 copies of BOOK OF EXTRACTS | Her Majesty the Queen |
| 1996-03-14 | Correspondence (sent by the Court) to, of Terri H. Semanyk (Maclaren Corlett) dated Feb. 9/96 with corrections of pages 32 to 36 of the appellant's factum | |
| 1996-03-13 | Correspondence (sent by the Court) to, of Terri H. Semanyk (Maclaren Corlett) re: duratio n of argument (joint with 24634) | |
| 1996-03-12 | Correspondence (sent by the Court) to, of Karen L. Collins (Burke-Robertson) re: duration of argument | |
| 1996-03-07 | Book of authorities, 10 copies of vol. 1 and 2 (JOINT WITH 24634), with service, Completed on: 1996-03-07 | Her Majesty the Queen |
| 1996-02-15 | Order on motion to extend time, to file the factum | |
| 1996-02-14 | Correspondence (sent by the Court) to, of Terri H. Semanyk (Maclaren Corlett) dated Feb. 9, 1996 with corrections of page 32 to 36 | |
| 1996-02-12 |
Decision on motion to extend time, to file the factum to Jan 30/96, Reg Granted, no order as to costs |
|
| 1996-02-12 | Hearing of motion to extend time, 1996-02-12, to file the factum to Jan 30/96, Reg | |
| 1996-02-12 | Submission of motion to extend time, 1996-02-12, to file the factum to Jan 30/96, Reg | |
| 1996-01-30 | $50.00 filing fee for notice of motion, receipt #31478 | Her Majesty the Queen |
| 1996-01-30 | Response to motion to extend time, to file the respondent's factum to Jan. 30/96, Completed on: 1996-01-30 | Kevin Hawkins |
| 1996-01-30 | Affidavit, to file the factum to Jan. 30/96; Jamie C. Klukach, with service | Her Majesty the Queen |
| 1996-01-30 | Motion to extend time, to file the factum to Jan. 30/96, with service, Completed on: 1996-01-30 | Her Majesty the Queen |
| 1996-01-30 | Respondent's factum, 24 copies (joint with 24634), with service, Completed on: 1996-01-30 | Her Majesty the Queen |
| 1996-01-19 | Correspondence (sent by the Court) to, sent to Peter B. Hambly (Kitchener, ON) from A. Roland to advise that in view of the extensive material filed in this case, he is required to file a condensed book containing the excerpts of the evidence and the autorities that he will be referring to in | |
| 1996-01-03 |
Appeal hearing scheduled, 1996-03-18 Decision reserved |
|
| 1995-12-04 | Correspondence (sent by the Court) to, from Jamie Klukach; re: dates of hearing for the January 1996 session | |
| 1995-09-25 | Appeal perfected for hearing, Session beginning on 1996-01-22 | |
| 1995-08-28 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1995-08-28 | Appeal court record, (2 boxes) | |
| 1995-08-25 |
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 |
|
| 1995-08-25 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-08-25, CJ | |
| 1995-08-25 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-08-25, CJ | |
| 1995-08-17 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | Her Majesty the Queen |
| 1995-08-17 | Affidavit, Peter B. Hambly | Kevin Hawkins |
| 1995-08-17 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | Kevin Hawkins |
| 1995-08-10 | Proof of service, of the appellant's factum and book of authorities (service admitted on July 31, 1995) | |
| 1995-07-31 | Book of authorities, 10 copies of vol. 1 to 3 | Kevin Hawkins |
| 1995-07-31 | Appellant's factum, 23 copies | Kevin Hawkins |
| 1995-06-19 | Certified casebook, vol. 1 to 5 (joint with 24634) (vol. V returned for correction on June 28/95), with service | Kevin Hawkins |
| 1995-05-18 | Case on appeal, 23 copies of vol. I to V (joint with 24634) (vol. V returned for correction on June 28/95 and received on July 5/95) | Kevin Hawkins |
| 1995-04-06 | Correspondence (sent by the Court) to, from R. Houston to M. Larmour re: Ms. Cathy Cooper will replace D. Butt as counsel for the Crown | |
| 1995-04-03 | Correspondence (sent by the Court) to, sent to Peter B. Hambly (Kitchener, ON) re: subsection 695(2) c.c. David Butt, Maclarin, Corlett and Burke-Robertson | |
| 1995-03-30 | General proceeding, 1 copy of C.A. reasons for judgment | Kevin Hawkins |
| 1995-03-30 | $30.00 filing fee, receipt #22323 | Kevin Hawkins |
| 1995-03-30 | Correspondence (sent by the Court) to, sent to A.G. of ON (Toronto, ON) enclosing copy of Rule 32 | |
| 1995-03-30 | Correspondence (sent by the Court) to, sent to Peter B. Hambly (Kitchener, ON) enclosing copy of Rule 32 c.c. Maclarin, Corlett | |
| 1995-03-28 | Notice of appeal, (1 copy) ($30.00 and reasons missing - Mr. Hambly's secretary advised), with service | Kevin Hawkins |
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 |
|---|---|---|
| Hawkins, Kevin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hawkins, Kevin
Counsel
KITCHENER, Ontario
N2H 6R2
Telephone: (519) 579-2924
FAX: (519) 579-2935
Agent
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Party: Her Majesty the Queen
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4602
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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
Court of Appeal for Ontario
C15751
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
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