Case information
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25063
R.D.S. v. Her Majesty the Queen
(Nova Scotia) (Criminal) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1998-02-04 | Appeal closed | |
| 1998-01-23 | Record returned to the Registrar of the Court of Appeal, (1 env.) | |
| 1997-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax) | |
| 1997-10-31 | Copy of formal judgment being prepared, all parties | |
| 1997-09-29 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-09-29 | Notice of deposit of judgment sent to all parties, Scott & Aylen (Ottawa, ON) | |
| 1997-09-29 | Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON) | |
| 1997-09-29 | Notice of deposit of judgment sent to all parties, Caroline Engelmann Gottheil (Ottawa, ON) | |
| 1997-09-26 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the judgments of the Court of Appeal and of Glube C.J.S.C. are set aside and the decision of Judge Sparks dismissing the charges against R.D.S. is restored, Lamer C.J. and Sopinka and Major JJ. dissenting. Allowed, no order as to costs |
|
| 1997-03-17 | General proceeding, transcript received and distributed to the justices (90 pages) | |
| 1997-03-10 |
Hearing of the appeal, 1997-03-10, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1997-03-07 | General proceeding, re: Ms. April Burey appearing for African Canadian Legal Clinic and duration of argument | |
| 1997-03-07 | Supplemental document, Book of Authorities - Judicial Notice | Her Majesty the Queen |
| 1997-03-05 |
Decision on the motion for leave to intervene, Co, by the Parent Student Association of Preston. This application for leave to intervene on an appeal scheduled to be heard Monday, the 10th of March 1997 was handed to me at 4:15 p.m. on Wednesday, the 5th of March 1997. There is no guarantee that the factum could be filed by Friday the 7th. There would be no time for the parties to consider or respond to it even if it could be filed by Friday. Much as I would like to grant the applicant intervener status, it is simply too late to do so. Neither the parties nor the Court could give proper consideration to it at this late date. The application is therefore dismissed Dismissed, no order as to costs |
|
| 1997-03-05 | Hearing of motion for leave to intervene, 1997-03-05, Co | |
| 1997-03-05 | Submission of motion for leave to intervene, 1997-03-05, Co | |
| 1997-03-05 | Correspondence (sent by the Court) to, of Robert E. Lutes, Q.C. re: not opposing the intervention of Parent Student Association of Preston (included in motion book) | |
| 1997-03-05 | Response to motion to extend time, to intervene of Parent Student Association of Preston, Completed on: 1997-03-05 | R.D.S. |
| 1997-03-05 | Response to the motion for leave to intervene, of Parent Student Association of Preston, Completed on: 1997-03-05 | R.D.S. |
| 1997-03-05 | Affidavit, for leave to intervene (of Madeline Downey), with service | Parent Student Association of Preston |
| 1997-03-05 | Motion to extend time, for leave to intervene (bookform), with service, Completed on: 1997-03-05 | Parent Student Association of Preston |
| 1997-03-05 | $50.00 filing fee for notice of motion, to intervene receipt #33677 | Parent Student Association of Preston |
| 1997-03-05 | Affidavit, (of Madeline Downey)(bookform), with service | Parent Student Association of Preston |
| 1997-03-05 | Motion for leave to intervene, (bookform), with service, Completed on: 1997-03-05 | Parent Student Association of Preston |
| 1997-02-28 | Correspondence (sent by the Court) to, from Delhousie Legal Aid Service to A. Roland, letter dated Feb. 28, 1997 (fax copy) re: names of counsel appearing at the hearing of the appeal (original received on March 5, 1997) | |
| 1997-02-20 | Correspondence (sent by the Court) to, from Robert Lutes to A. Roland, letter dated Feb. 18, 1997 (fax copy) re: relating to the manner in which the Court wished to be addressed at the hearing of the appeal | |
| 1997-02-18 | Correspondence (sent by the Court) to, from Burnley Jones to A. Roland, letter dated Feb. 12,1997 re: requesting to have senior law students at the counsel table during the hearing of the appeal | |
| 1997-02-14 | Book of authorities, 10 copies, with service, Completed on: 1997-02-14 | Women's Legal Education and Action Fund (LEAF) et al |
| 1997-02-14 | Intervener's factum, 24 copies, with service, Completed on: 1997-02-14 | Women's Legal Education and Action Fund (LEAF) et al |
| 1997-02-14 | Book of authorities, 10 copies, with service, Completed on: 1997-02-14 | African Canadian Legal Clinic |
| 1997-02-14 | Intervener's factum, 24 copies, with service, Completed on: 1997-02-14 | African Canadian Legal Clinic |
| 1997-01-27 |
Appeal hearing scheduled, 1997-03-10 Decision reserved |
|
| 1997-01-22 | Order on motion for leave to intervene | |
| 1997-01-17 | Respondent's factum, 24 copies, with service, Completed on: 1997-01-17 | Her Majesty the Queen |
| 1997-01-17 | Book of authorities, 10 copies, with service, Completed on: 1997-01-17 | Her Majesty the Queen |
| 1997-01-13 | Appeal court record, (1 pink folder) | |
| 1997-01-03 | Order on motion for leave to intervene, (Joint with the Women's Legal Eduction and Action Fund): The intervention shall be limited to filing a single factum of not more than twenty pages, to be filed within two weeks of the filing of the Respondent's factum; and At the hearing of the appeal, re | |
| 1997-01-03 | Order on motion for leave to intervene, (Joint with the National Organization of Immigrant and Visible Minority Women of Canada) The intervention shall be limited to filing a single factum of not more than twenty pages, to be filed within two weeks of the filing of the Respondent's factum; and | |
| 1996-12-30 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-12-20 | Correspondence (sent by the Court) to, from African Canadian Legal Clinic (S. Abrahams) to A. Roland, letter dated Dec. 19, 1996 re: having her article student be seated at the counsel table at the hearing of the appeal | |
| 1996-12-18 | Correspondence (sent by the Court) to, from Robert Lutes to A. Roland, letter dated Dec. 10, 1996 re: articled clerk sitting at counsel table at the hearing of the appeal | |
| 1996-11-27 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, L'HD Granted, no order as to costs |
|
| 1996-11-27 | Hearing of motion for leave to intervene, 1996-11-27, oral argument is limited to 15 minutes, L'HD | |
| 1996-11-27 | Submission of motion for leave to intervene, 1996-11-27, oral argument is limited to 15 minutes, L'HD | |
| 1996-11-27 |
Decision on the motion for leave to intervene, oral argument is limited to 15 minutes, L'HD Granted, no order as to costs |
|
| 1996-11-27 | Hearing of motion for leave to intervene, 1996-11-27, oral argument is limited to 15 minutes, L'HD | |
| 1996-11-27 | Submission of motion for leave to intervene, 1996-11-27, oral argument is limited to 15 minutes, L'HD | |
| 1996-11-07 | General proceeding, 2 copies of PROPOSED INTERVENERS'...BRIEF OF AUTHORITIES, with service | Women's Legal Education and Action Fund (LEAF) et al |
| 1996-11-07 | General proceeding, 2 copies of the FACTUM OF LEAF AND NOIVMWC INTERVENTIONS & CHARTER (see motion filed on Oct. 4, 1996), with service | Women's Legal Education and Action Fund (LEAF) et al |
| 1996-11-05 | Correspondence (sent by the Court) to, from Davies, Bagambiire to M. Larmour, letter dated Oct. 31, 1996 re: Parent Student Ass. Preston will intend to file a motion to intervene by Nov. 30, 1996 with an extension of time | |
| 1996-11-04 | Book of authorities, 10 copies of vol. I & II, Completed on: 1996-11-04 | R.D.S. |
| 1996-11-04 | Appellant's factum, 24 copies, with service, Completed on: 1996-11-04 | R.D.S. |
| 1996-10-30 | General proceeding, 5 copies of reply to the submissions of the respondent, with service | African Canadian Legal Clinic |
| 1996-10-24 | General proceeding, 2 copies of BRIEF OF THE APPELLANT CONCERNING INTERVENTIONS, with service | R.D.S. |
| 1996-10-18 | General proceeding, 1 copy of BRIEF OF RESPONDENT CONCERNING MOTIONS TO INTERVENE (fax copy) (original received on Oct. 23, 1996), with service | Her Majesty the Queen |
| 1996-10-09 | Case on appeal, 24 copies (see order dated October 4, 1996) | R.D.S. |
| 1996-10-09 | $50.00 filing fee for notice of motion, receipt no. 32780 | Women's Legal Education and Action Fund (LEAF) et al |
| 1996-10-08 | $50.00 filing fee for notice of motion, receipt #32777 | African Canadian Legal Clinic |
| 1996-10-04 | $50.00 filing fee for notice of motion, receipt no. 32722 | R.D.S. |
| 1996-10-04 | Response to motion to extend time, to file the appellant's factum to Nov. 4, 1996 and the respondent's factum to Jan. 17, 1996 (Robert E. Lutes), Completed on: 1996-10-04 | Her Majesty the Queen |
| 1996-10-04 | Affidavit, to file the appellant's factum to Nov. 4, 1996 and the respondent's factum to Jan. 17, 1997 (Burnley A. Jones) | R.D.S. |
| 1996-10-04 | Motion to extend time, to file the appellant's factum to Nov. 4, 1996 and the respondent's factum to Jan. 17,1997, Completed on: 1996-10-04 | R.D.S. |
| 1996-10-04 | Order on motion to extend time, to file the case on appeal, appellants' factum & respondent's factum | |
| 1996-10-04 |
Decision on motion to extend time, to file the case on appeal to Oct 10/96, the appellant's factum to Nov 4/96 and the respondent's factum to Jan 17/97, Reg Granted, no order as to costs |
|
| 1996-10-04 | Hearing of motion to extend time, 1996-10-04, to file the case on appeal to Oct 10/96, the appellant's factum to Nov 4/96 and the respondent's factum to Jan 17/97, Reg | |
| 1996-10-04 | Submission of motion to extend time, 1996-10-04, to file the case on appeal to Oct 10/96, the appellant's factum to Nov 4/96 and the respondent's factum to Jan 17/97, Reg | |
| 1996-10-04 | Affidavit, of Margaret Parsons (2 copies - book form) joint, with service | African Canadian Legal Clinic |
| 1996-10-04 | Motion for leave to intervene, 2 copies of vol. 1 and 2 (book form) joint with interveners 4 and 5 (original filed Oct. 8/96) ($50.00 requested), with service, Completed on: 1996-10-04 | African Canadian Legal Clinic |
| 1996-10-04 | Affidavit, of Jane Rounthwaite (joint), with service | Women's Legal Education and Action Fund (LEAF) et al |
| 1996-10-04 | Motion for leave to intervene, 2 copies (JOINT WITH INTERVENER NO. 2) ($50.00 requested), with service, Completed on: 1996-10-04 | Women's Legal Education and Action Fund (LEAF) et al |
| 1996-10-03 | Correspondence (sent by the Court) to, (by fax) from Sharon Folkes Abrahams; re: the African Canadian Legal Clinic will make an intervener application on behalf of the Afro- Canadian Nova Scotia Caucus and the Congress of Black Women | |
| 1996-06-10 | Correspondence (sent by the Court) to, sent to Dalhousie Legal Aid Service (Halifax, NS) re: subsection 695(2) c.c. Dept of Justice & Stephen Grace | |
| 1996-06-06 | Correspondence (sent by the Court) to, sent to A.G. of NS enclosing copy of Rule 32 c.c. Beament Green Dust | |
| 1996-06-06 | Correspondence (sent by the Court) to, sent to Dalhousie Legal Aid Service (Halifax, NS) enclosing copy of Rule 32 | |
| 1996-06-04 | Notice of appeal, Completed on: 1996-06-04 | R.D.S. |
| 1996-05-07 | Notice of deposit of judgment issued to all parties, Beament, Green, Dust | |
| 1996-05-07 | Notice of deposit of judgment issued to all parties, Dalhousie Legal Aid Service (Halifax, NS) | |
| 1996-05-06 |
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 |
|
| 1996-02-29 | All materials on application for leave submitted to the Judges, L'HD So McL | |
| 1996-02-26 | Order on motion to extend time, to file the response to Feb 2/96 | |
| 1996-02-26 |
Decision on motion to extend time, to file the response to Feb 2/96, Reg Granted, no order as to costs |
|
| 1996-02-26 | Hearing of motion to extend time, 1996-02-26, to file the response to Feb 2/96, Reg | |
| 1996-02-26 | Submission of motion to extend time, 1996-02-26, to file the response to Feb 2/96, Reg | |
| 1996-02-22 | Response to motion to extend time, to file the respondent's response to Feb. 2/96, Completed on: 1996-02-22 | R.D.S. |
| 1996-02-22 | $50.00 filing fee for a notice of motion, receipt #31605 | Her Majesty the Queen |
| 1996-02-22 | Affidavit, to file the response to Feb. 2/96; Robert E. Lutes | Her Majesty the Queen |
| 1996-02-22 | Motion to extend time, to file the response to Feb. 2/96, Completed on: 1996-02-22 | Her Majesty the Queen |
| 1996-02-01 | Respondent's response on the application for leave to appeal, 5 copies (extension of time requested, with service, Completed on: 1996-02-01 | Her Majesty the Queen |
| 1996-01-18 | Correspondence received from, from Beament, Green re: will file his response by Feb. 2/96 (fax copy) | Her Majesty the Queen |
| 1996-01-11 | Correspondence received from, sent to Dalhousie Legal Aid Sercies (Halifax, NS) to acknowledge receipt of material commencing a proceeding together with the enclosed filing fee | |
| 1996-01-11 | Correspondence received from, sent to Beament, Green, Dust (Ottawa, ON) enclosing copy of letter dated Jan 11/96 sent to applicant | |
| 1995-12-27 | $50.00 filing fee, receipt no. 31299 | R.D.S. |
| 1995-12-22 | Application for leave to appeal, 5 copies (service admitted on Dec. 20/95), with service, Completed on: 1995-12-22 | R.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
| Name | Role | Status |
|---|---|---|
| R.D.S. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Women's Legal Education and Action Fund (LEAF) et al | Intervener | Active |
| National Organization of Immigrant and Visible Minority Women of Canada | Intervener | Active |
| African Canadian Legal Clinic | Intervener | Active |
| Afro-Canadian Caucus of Nova Scotia | Intervener | Active |
| Congress of Black Women of Canada | Intervener | Active |
Counsel
Party: R.D.S.
Counsel
Dianne Pothier
5557 CUNRAD ST
HALIFAX, Nova Scotia
B3K 1C5
Telephone: (902) 423-8105
FAX: (902) 422-8067
Agent
500-30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: pengelmann@ceglaw.com
Party: Her Majesty the Queen
Counsel
5151 TERMINAL RD 3RD FL
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-8995
FAX: (902) 424-0653
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Party: Women's Legal Education and Action Fund (LEAF) et al
Counsel
Carol Allen
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: National Organization of Immigrant and Visible Minority Women of Canada
Counsel
1800 - 415 YONGE ST
TORONTO, Ontario
M5B 2E7
Telephone: (416) 595-7170
FAX: (416) 595-7191
Agent
1000 - 60 Queen Street
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: African Canadian Legal Clinic
Counsel
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2220
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Afro-Canadian Caucus of Nova Scotia
Counsel
306 - 330 BAY ST
TORONTO, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Congress of Black Women of Canada
Counsel
306 - 330 BAY ST
TORONTO, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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.
None.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
112402
Summary conviction appeal allowed and new trial ordered
Nova Scotia Court of Appeal
117036
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