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.
24752
Michael Feeney v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 1997-11-25 | Copy of formal judgment being prepared, all parties | |
| 1997-11-24 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-11-19 |
Decision on the motion for a stay of execution, CJ L'HD So G Co McL Ia Ma, The motion is granted. The stay of the judgment ordered by this Court on June 27, 1997 is extended to December 19, 1997 or, in the alternative, to the day Bill C-16 (An Act to amend the Criminal Code and the Interpretation Act (powers to arrest and enter dwellings)) received Royal Assent if this occurs prior to December 19, 1997. Granted, no order as to costs |
|
| 1997-11-19 | Hearing of motion for a stay of execution, 1997-11-19, CJ L'HD So G Co McL Ia Ma | |
| 1997-11-19 | Submission of motion for a stay of execution, 1997-11-19, CJ L'HD So G Co McL Ia Ma | |
| 1997-11-17 | Correspondence (sent by the Court) to, fr. Henry Brown re: opposes the extension of the stay on the same basis as the first extension (CJ.HD.S.G.C.McL.I.M.) | |
| 1997-11-10 | $50.00 filing fee for notice of motion, receipt no. 28127 on extension of stay | Michael Feeney |
| 1997-11-10 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Attorney General of Canada |
| 1997-11-10 | Motion for a stay of execution, (joint with motion to intervene) - P.S. extending the stay of the judgment ordered by this Court on June 27, 1997 to December 19, 1997, with service, Completed on: 1997-11-10 | Attorney General of Canada |
| 1997-11-10 | Other documents on motion for a stay of execution, 2 copies of affidavit of Yvan Roy re: motion for stay | |
| 1997-11-10 | Motion for a stay of execution, (1 copy) ($50.00 requested) P.S. extending the stay of the judgment ordered by this Court on June 27, 1997 to December 19, 1997 sent to CJ L'HD So G Co McL I Ma, Nov. 13/97, with service, Completed on: 1997-11-10 | Her Majesty the Queen |
| 1997-08-01 | Appeal closed | |
| 1997-07-14 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-07-14 | Copy of formal judgment on leave being prepared, sent to Burke-Robertson (Ottawa, ON) | |
| 1997-07-14 | Copy of formal judgment being prepared, sent to Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-06-30 | Correspondence (sent by the Court) to, sent to Court Services (Williams Lake, BC) enclosing their records (1 box) | |
| 1997-06-30 | Record returned to the Registrar of the Court of Appeal, 1 box & 1 env. | |
| 1997-06-30 | Proof of service, of the appellant's response to respondent's motion for a re-hearing (book form) | |
| 1997-06-27 | Response to the motion for a re-hearing of the appeal, (by fax), Completed on: 1997-06-27 | Michael Feeney |
| 1997-06-27 | $50.00 filing fee for notice of motion, (from P. G.'s account) | Attorney General of Quebec |
| 1997-06-27 | Affidavit, of Paul Monty (fax copy), with service | Attorney General of Quebec |
| 1997-06-27 | Motion for leave to intervene, (re: motion for re-hearing) (fax copy), with service, Completed on: 1997-06-27 | Attorney General of Quebec |
| 1997-06-27 | $50.00 filing fee for notice of motion, receipt no. 34414 | Attorney General of New Brunswick |
| 1997-06-27 | Affidavit, of Glendon Abbott (book form) | Attorney General of New Brunswick |
| 1997-06-27 | Motion for leave to intervene, (on motion for re-hearing) - 1 copy - book form, Completed on: 1997-06-27 | Attorney General of New Brunswick |
| 1997-06-27 |
Decision on the motion for a re-hearing of the appeal, CJ LaF L'HD So G Co McL Ia Ma, The application for a rehearing is granted on the issue of whether there should be a transition period, and the operation of that aspect of the judgment herein relating to the requirement for a warrant to effect an arrest in a dwelling is stayed for a period of 6 months from the date such judgment was issued, namely May 22, 1997. The transition period will have effect throughout Canada but will have no application to the disposition that has been made or is to be made of the present case. Granted, no order as to costs |
|
| 1997-06-27 | Hearing of motion for a re-hearing of the appeal, 1997-06-27, CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-06-27 | All material on motion for a re-hearing of the appeal submitted to Justices, 1997-06-27, CJ LaF L'HD So G Co McL Ia Ma | |
| 1997-06-26 | $50.00 filing fee for notice of motion, receipt #34410 | Attorney General of Manitoba |
| 1997-06-26 | Affidavit, 10 copies; Allan Fineblit, with service | Attorney General of Manitoba |
| 1997-06-26 | Motion for leave to intervene, 10 copies, with service, Completed on: 1997-06-26 | Attorney General of Manitoba |
| 1997-06-26 | Response to the motion for leave to intervene, of A.G. Alberta and A.G. Manitoba, Completed on: 1997-06-26 | Her Majesty the Queen |
| 1997-06-26 | Response to the motion for leave to intervene, of A.G. Alberta, Completed on: 1997-06-26 | Her Majesty the Queen |
| 1997-06-25 | Correspondence (sent by the Court) to, sent to Charles Lugosi, Lugosi & Cornett (Prince George, BC) to acknowledge receipt of letter of June 20/97 in which you oppose the motions for intervention and rehearing by A. Roland (SENT BY FAX) | |
| 1997-06-24 | $50.00 filing fee for notice of motion, receipt no. 34377 | Attorney General of Alberta |
| 1997-06-23 | Response to the motion for leave to intervene, of the Attorney General of Canada, Completed on: 1997-06-23 | Her Majesty the Queen |
| 1997-06-23 | Affidavit, of Michael G. Allen (re: motion for re-hearing) - 10 copies, with service | Attorney General of Alberta |
| 1997-06-23 | General proceeding, 10 copies of MEMORANDUM OF THE PROPOSED INTERVENER - book form, with service | Attorney General of Alberta |
| 1997-06-23 | Motion for leave to intervene, (ON RE-HEARING) - 10 copies ($50.00 requested), with service, Completed on: 1997-06-23 | Attorney General of Alberta |
| 1997-06-23 | $50.00 filing fee for notice of motion, receipt #34372 | Attorney General for Ontario |
| 1997-06-23 | Response to the motion for leave to intervene, on behalf of A.G. Ontario; 5 copies, Completed on: 1997-06-23 | Her Majesty the Queen |
| 1997-06-23 | Affidavit, 5 copies; Murray D. Segal (original filed June 24/97), with service | Attorney General for Ontario |
| 1997-06-23 | Motion for leave to intervene, 5 copies, with service, Completed on: 1997-06-23 | Attorney General for Ontario |
| 1997-06-20 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Attorney General of Canada |
| 1997-06-20 | Correspondence (sent by the Court) to, (by fax) from C. Lugosi; re: intervention of A.G. Canada; opposes the application for a rehearing; will require an additional week to respond | |
| 1997-06-20 | Affidavit, 2 copies; Daniel Bellemare, with service | Attorney General of Canada |
| 1997-06-20 | Motion for leave to intervene, 2 copies, with service, Completed on: 1997-06-20 | Attorney General of Canada |
| 1997-06-20 | Correspondence (sent by the Court) to, from Robert Frater; re: intervention on the rehearing | |
| 1997-06-18 | $50.00 filing fee for notice of motion, receipt #34349 | Her Majesty the Queen |
| 1997-06-18 | Motion for a re-hearing of the appeal, 10 copies sent to CJ LaF L'HD So G Co McL I Ma, June 20/97, with service, Completed on: 1997-06-18 | Her Majesty the Queen |
| 1997-05-30 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1997-05-30 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson | |
| 1997-05-26 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1997-05-23 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1997-05-23 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson | |
| 1997-05-22 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the conviction is set aside and a new trial is ordered, the Chief Justice and L'Heureux-Dubé, Gonthier and McLachlin JJ. dissenting. Allowed, no order as to costs |
|
| 1996-06-25 | General proceeding, transcripts received and distributed to the judges (94 pages) | |
| 1996-06-11 | General proceeding, 10 copies of WARRANT TO SEARCH (VIA WILLIAMS LAKE COURT REGISTRAY UNDER C. LUGOSI'S REQUESTED - FAX COPY, sent to CJ LaF L'HD So G Co McL I Ma, June 12/96 | Michael Feeney |
| 1996-06-11 | Supplemental document, 13 copies of CONDENSED BOOK OF AUTHORITIES | Michael Feeney |
| 1996-06-11 |
Hearing of the appeal, 1996-06-11, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1996-06-11 | Supplemental document, 13 copies of CONDENSED BOOK OF EVIDENCE | Michael Feeney |
| 1996-06-07 | Correspondence (sent by the Court) to, dated June 5/96 from Karen L. Collins re: duration of argument | |
| 1996-06-05 | Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument (fax copy) | |
| 1996-06-04 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1996-05-23 | Correspondence (sent by the Court) to, from Burke Robertson re: 24 copies of the REVISED PAGE 19 OF THE RESPONDENT'S FACTUM (TO BE DISTRIBUTED TO THE JUDGES) - ATTACHED | |
| 1996-05-23 | Book of authorities, 10 copies, with service, Completed on: 1996-05-23 | Her Majesty the Queen |
| 1996-05-17 | Respondent's factum, 24 copies, with service, Completed on: 1996-05-17 | Her Majesty the Queen |
| 1996-04-29 | Notice of hearing, With service | Michael Feeney |
| 1996-04-29 | Correspondence (sent by the Court) to, from Burke-Robertson; re: William F. Ehrcke will take 1 hour for his submission on June 11/96 | |
| 1996-04-25 |
Appeal hearing scheduled, 1996-06-11 Decision reserved |
|
| 1996-04-10 | Proof of service, of the appellant's factum (service admitted on March 21/96) | |
| 1996-03-21 | Appellant's factum, 24 copies, Completed on: 1996-03-21 | Michael Feeney |
| 1996-03-14 | Certified casebook, of vol. 1 to 5 | Michael Feeney |
| 1996-02-27 | Appeal perfected for hearing, Session beginning on 1996-04-22 | |
| 1996-02-21 | Case on appeal, 23 copies of vol. I to V | Michael Feeney |
| 1996-02-06 | Trial court exhibits, (1 BIG BOX) | |
| 1995-12-28 | Trial court record, (1 box) | |
| 1995-12-27 | Appeal court record, 1 envelope | |
| 1995-12-13 | Correspondence (sent by the Court) to, sent to Lugosi & Company (Prince George, BC) re: subsection 695(2) c.c. Gil McKinnon, Gowling, Strathy & Henderson and Burke-Robertson (LETTER SENT TO GILL MCKINNON RETURNED UNKNOWN JAN 18/96) | |
| 1995-12-07 | Correspondence (sent by the Court) to, sent to A.G. of BC enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1995-12-07 | Correspondence (sent by the Court) to, sent to Lugosi & Company enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1995-12-06 | Order granting leave to appeal | |
| 1995-12-01 | Notice of appeal, With service | Michael Feeney |
| 1995-11-09 |
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 |
|
| 1995-11-09 | Hearing of the application for leave to appeal, 1995-11-09, L'HD So McL | |
| 1995-11-09 | All materials on application for leave submitted to the Judges, 1995-11-09, L'HD So McL | |
| 1995-11-09 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1995-11-09 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1995-07-07 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1995-06-26 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) to acknowledge receipt of material commencing a proceeding together with enclosed filing fee | |
| 1995-06-26 | Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated same date sent to applicant | |
| 1995-06-21 | Respondent's response on the application for leave to appeal, 5 copies, with service | Her Majesty the Queen |
| 1995-06-21 | Order on motion to extend the time to file and/or serve the leave application | |
| 1995-06-08 | Proof of service, of leave application | |
| 1995-06-06 | $50.00 filing fee for a notice of motion, receipt no. 30250 for $70.00, for motion and $20.00 for leave to appeal | Michael Feeney |
| 1995-06-06 |
Decision on motion to extend time to file and /or serve the leave application, to May 26/95, Co Granted, no order as to costs |
|
| 1995-06-06 | Hearing of motion to extend time to file and/ or serve the leave application, 1995-06-06, to May 26/95, Co | |
| 1995-06-06 | Submission of motion to extend time to file and/ or serve the leave application, 1995-06-06, to May 26/95, Co | |
| 1995-05-26 | Response to the motion to extend the time to file and / or serve the leave application, (G. D. McKinnon) - 1 copy | Her Majesty the Queen |
| 1995-05-26 | Affidavit, of Jagjit Parmar (1 copy) | Michael Feeney |
| 1995-05-26 | Motion to extend the time to file and or serve the application for leave to appeal, to May 26, 1995 ($50.00 requested) | Michael Feeney |
| 1995-05-26 | $30.00 filing fee, receipt no. 30198 | Michael Feeney |
| 1995-05-26 | Application for leave to appeal, 5 copies (Transcripts from A.C. missing - E.V.B. advised on June 6, 1995), with service With service, Completed on: 1995-07-06 | Michael Feeney |
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 |
|---|---|---|
| Feeney, Michael | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Feeney, Michael
Counsel
201 - 411 QUEBEC ST
PRINCE GEORGE, British Columbia
V2L 1W5
Telephone: (604) 564-1000
FAX: (604) 564-9000
Agent
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
William F. Ehrcke
Box 94
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 661-1022
FAX: (604) 689-5177
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195
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
Supreme Court of British Columbia
12460
conviction: second degree murder
Court of Appeal for British Columbia (Vancouver)
CA015316
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
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