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25177

John David Lucas, et al. v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)

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)
1998-05-15 Appeal closed
1998-05-07 Correspondence (sent by the Court) to, sent to Saskatchewan Justice - Court House (Saskatoon, SK) returning Court records (1 box)
1998-05-07 Record returned to the Registrar of the Court of Appeal, (1 envelope)
1998-04-20 Copy of formal judgment being prepared, all parties
1998-04-17 Formal judgment sent to the registrar of the court of appeal and all parties, Saskatchewan (Regina)
1998-04-02 Judgment on the appeal rendered, CJ L'HD So G Co McL Ia Ma Ba, The appeal of John David Lucas is dismissed. The appeal of Johanna Erna Lucas is dismissed, McLachlin and Major JJ. dissenting.
Dismissed, no order as to costs
1998-04-02 Notice of deposit of judgment sent to all parties, all parties
1998-03-20 Correspondence (sent by the Court) to, (by fax) from John Norris; re: only the complainants should be identified by their initials
1997-10-29 Correspondence (sent by the Court) to, from Ruby & Edwardh; re: amended order requested sent to CJ L'HD So G Co McL I Ma Ba, Oct. 29/97
1997-10-27 General proceeding, transcripts received and distributed to the judges (105 pages)
1997-10-15 Supplemental document, 10 copies of Supplemental Authorities (given in Court by the appellant) John David Lucas
1997-10-15 General proceeding, 10 copies of Appellant's authorities on motion to appoint counsel (given in Court by the appellant) John David Lucas
1997-10-15 Hearing of the appeal, 1997-10-15, CJ L'HD So G Co McL Ia Ma Ba
Decision reserved
1997-10-15 Decision on miscellaneous motion, to appoint counsel, CJ L'HD So G Co McL Ia Ma Ba
Dismissed, no order as to costs
1997-10-15 Hearing of miscellaneous motion, 1997-10-15, to appoint counsel, CJ L'HD So G Co McL Ia Ma Ba
1997-10-15 Submission of miscellaneous motion, 1997-10-15, to appoint counsel, CJ L'HD So G Co McL Ia Ma Ba
1997-10-14 General proceeding, 12 copies of Book of excerpts Attorney General of Canada
1997-10-14 General proceeding, 12 copies of Condensed book of evidence Her Majesty the Queen
1997-10-10 General proceeding, 10 copies of Reply to the motion to appoint counsel Her Majesty the Queen
1997-10-10 Book of authorities, 10 copies, with service, Completed on: 1997-10-10 Attorney General of Manitoba
1997-10-10 Affidavit, of service of the intervener's factum admitted on Oct. 6/97 Canadian Civil Liberties Association
1997-10-08 Notice of appearance, Robert Frater and will address the Court for 15 minutes Attorney General of Canada
1997-10-08 Proof of service, of the joint book of authorities
1997-10-07 General proceeding, 24 copies of a NEW table of contents for the intervener's factum Attorney General of Canada
1997-10-07 Book of authorities, 10 copies of vol. 1 and 2 (joint), Completed on: 1997-10-07 Her Majesty the Queen
1997-10-06 Intervener's factum, 24 copies, with service, Completed on: 1997-10-06 Attorney General for Ontario
1997-10-06 Book of authorities, 11 copies, with service, Completed on: 1997-10-06 Canadian Civil Liberties Association
1997-10-06 Intervener's factum, 24 copies, with service, Completed on: 1997-10-06 Canadian Civil Liberties Association
1997-10-03 Intervener's factum, 24 copies, with service, Completed on: 1997-10-03 Attorney General of Canada
1997-10-03 Intervener's factum, 24 copies, with service, Completed on: 1997-10-03 Attorney General of Manitoba
1997-10-03 Proof of service, of the factum of the intervener (A. G. Manitoba)
1997-10-02 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1997-09-29 $50.00 filing fee for notice of motion, to appoint counsel receipt #34849 John David Lucas
1997-09-29 Affidavit, to appoint counsel (of John David Lucas, Johanna Erna Lucas and Clayton C. Ruby) 10 copies, with service John David Lucas
1997-09-29 Notice of miscellaneous motion, to appoint Clayton C. Ruby as counsel (bookform) 10 copies sent to CJ L'HD So G Co I Ma, Sept. 30/ 97, with service, Completed on: 1997-09-29 John David Lucas
1997-09-23 Order on motion to extend time, to file their factum
1997-09-19 Decision on motion to extend time, to file their factum to Sept. 8/97, Reg
Granted, no order as to costs
1997-09-19 Hearing of motion to extend time, 1997-09-19, to file their factum to Sept. 8/97, Reg
1997-09-19 Submission of motion to extend time, 1997-09-19, to file their factum to Sept. 8/97, Reg
1997-09-18 Response to motion to extend time, to file the respondent's factum to Sept. 8, 1997 (Shore, Davis) (fax copy), Completed on: 1997-09-18 John David Lucas
1997-09-10 $50.00 filing fee for notice of motion, to extend time receipt #34693 Her Majesty the Queen
1997-09-09 Affidavit, to file the respondent's factum to Sept. 8, 1997 (G. Mitchell) Her Majesty the Queen
1997-09-09 Motion to extend time, to file the respondent's factum to Sept. 8, 1997 ($50.00 requested), with service, Completed on: 1997-09-09 Her Majesty the Queen
1997-09-08 Respondent's factum, 24 copies (extension of time requested - EVB), with service, Completed on: 1997-09-08 Her Majesty the Queen
1997-08-27 Appeal hearing scheduled, 1997-10-15
Decision reserved
1997-06-03 Trial court record, (1 box)
1997-05-26 Appeal court record, 1 enveloppe
1997-04-21 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-04-07 Correspondence (sent by the Court) to, (by fax) from D. Lepofsky; re: will not be available for hearing on June 26/97
1997-04-04 Decision on miscellaneous motion, to expedite the hearing of this appeal, CJ
Dismissed, no order as to costs
1997-04-04 Hearing of miscellaneous motion, 1997-04-04, to expedite the hearing of this appeal, CJ
1997-04-04 Submission of miscellaneous motion, 1997-04-04, to expedite the hearing of this appeal, CJ
1997-04-03 Proof of service, of the affidavit of G. Mitchell to the Appellants
1997-04-02 Affidavit, of Graeme G. Mitchell re: in opposition to the appellant's motion for an expedited hearing of the appeal (fax copy) Her Majesty the Queen
1997-04-01 Correspondence (sent by the Court) to, from m. David Lepofsky to A. Roland, letter dated April 1, 1997 (fax copy) re: A. G. Ontario urge that one of dates or indeed any date in May after May 9, 1997 be chosen
1997-04-01 Response to miscellaneous motion, from Robert Frater re: motion to abridge the time and to expedite the hearing of the appeal (fax copy), Completed on: 1997-04-01 Her Majesty the Queen
1997-03-26 Affidavit, of John David Lucas re: motion for an order abridging the times and for an order expediting the hearing of the appeal, with service John David Lucas
1997-03-26 Notice of miscellaneous motion, (for an order abridging the times and for an order expediting the hearing to the appeal) $50.00 requested - 1 copy, with service, Completed on: 1997-03-26 John David Lucas
1997-03-05 Correspondence (sent by the Court) to, from D. Lepofsky to A. Roland, letter dated March 5, 1997 (fax copy) re: giving available dates for the hearing of this appeal
1997-03-03 Correspondence (sent by the Court) to, from Clayton Ruby to A. Roland, letter dated Feb. 26, 1997 re: requiring to inscribe the appeal for a hearing prior to the time provided for in the rules
1997-02-24 Appellant's factum, 24 copies, with service, Completed on: 1997-02-24 John David Lucas
1997-02-20 Decision on motion to extend time, to file a Notice of intention to intervene to Feb 18/97, CJ
Granted, no order as to costs
1997-02-20 Hearing of motion to extend time, 1997-02-20, to file a Notice of intention to intervene to Feb 18/97, CJ
1997-02-20 Submission of motion to extend time, 1997-02-20, to file a Notice of intention to intervene to Feb 18/97, CJ
1997-02-19 Response to motion to extend time, for leave to intervene of the Attorney General of Ontario, Completed on: 1997-02-19 John David Lucas
1997-02-18 $50.00 filing fee for notice of motion, receipt #33586 Attorney General for Ontario
1997-02-18 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1997-02-18 Response to motion to extend time, for leave to intervene on behalf of Attorney General of Ontario, Completed on: 1997-02-18 Her Majesty the Queen
1997-02-18 Affidavit, for leave to intervene; Karen L. Collins, with service Attorney General for Ontario
1997-02-18 Motion to extend time, for leave to intervene, with service, Completed on: 1997-02-18 Attorney General for Ontario
1997-02-11 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1997-01-31 Certified casebook, vol. 1 to 5, with service John David Lucas
1997-01-30 Proof of service, of the notice of intervention by A.G. Manitoba
1997-01-29 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1997-01-28 Order on motion for leave to intervene
1997-01-24 Correspondence (sent by the Court) to, from Ruby & Edwardh, letter dated Jan. 20, 1997 re: Jill Copeland and Clayton Ruby are counsel of record for the appellants
1997-01-22 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes and factum to 20 pages., L'HD
Granted, no order as to costs
1997-01-22 Hearing of motion for leave to intervene, 1997-01-22, oral argument is limited to 15 minutes and factum to 20 pages., L'HD
1997-01-22 Submission of motion for leave to intervene, 1997-01-22, oral argument is limited to 15 minutes and factum to 20 pages., L'HD
1997-01-22 Case on appeal, 23 copies of vol. I to V John David Lucas
1997-01-20 Notice of constitutional question(s), With service John David Lucas
1997-01-17 Correspondence (sent by the Court) to, from Gowlings; re: takes no position with respect to the Canadian Civil Liberties Association's application to intervene
1997-01-13 Response to the motion for leave to intervene, by Canadian Civil Liberties Ass. (Jill Copeland), Completed on: 1997-01-13 John David Lucas
1997-01-13 Decision on the motion to state a constitutional question, (for questions see file). Notices of intention to intervene are to be filed no later than Feb. 17, 1997., CJ
Granted, no order as to costs
1997-01-13 Hearing of the motion to state a constitutional question, 1997-01-13, (for questions see file). Notices of intention to intervene are to be filed no later than Feb. 17, 1997., CJ
1997-01-13 Submission of motion to state a constitutional question, 1997-01-13, (for questions see file). Notices of intention to intervene are to be filed no later than Feb. 17, 1997., CJ
1996-12-20 Affidavit, (of A. Alan Borovoy) (bookform), with service Attorney General of Manitoba
1996-12-20 $50.00 filing fee for notice of motion, to intervene receipt #33249 Attorney General of Manitoba
1996-12-20 Motion for leave to intervene, (bookform) 2 copies, with service, Completed on: 1996-12-20 Attorney General of Manitoba
1996-12-20 Response to the motion to state a constitutional question, (Gowling, Strathy) - fax copy, Completed on: 1996-12-20 Her Majesty the Queen
1996-12-19 Correspondence (sent by the Court) to, from Clayton Ruby to A. Roland, letter dated Dec. 12, 1996 re: asking if Justice Major would give reasons on his decision on motion to appoint counsel
1996-12-19 $50.00 filing fee for notice of motion, receipt no. 33239 John David Lucas
1996-12-19 Motion to state a constitutional question, (1 copy), with service, Completed on: 1996-12-19 John David Lucas
1996-12-10 Decision on miscellaneous motion, for the appointment of counsel, Ma
Dismissed, no order as to costs
1996-12-10 Hearing of miscellaneous motion, 1996-12-10, for the appointment of counsel, Ma
1996-12-10 Submission of miscellaneous motion, 1996-12-10, for the appointment of counsel, Ma
1996-12-04 General proceeding, Applicants' reply on application to appoint counsel (booform), with service John David Lucas
1996-12-02 General proceeding, Response (reply) to application to appoint counsel (bookform) 2 copies, with service Her Majesty the Queen
1996-11-20 General proceeding, MEMORANDUM OF ARGUMENT ON APPLICATION TO APPOINT COUNSEL (bookform), with service John David Lucas
1996-11-20 $50.00 filing fee for notice of motion, to appoint counsel receipt #33059 John David Lucas
1996-11-20 Affidavit, TO APPOINT COUNSEL (of John David Lucas), with service John David Lucas
1996-11-20 Notice of miscellaneous motion, TO APPOINT COUNSEL (bookform), with service, Completed on: 1996-11-20 John David Lucas
1996-10-24 Correspondence (sent by the Court) to, sent to A.G. for SK (Regina, SK) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1996-10-24 Correspondence (sent by the Court) to, sent to Holgate Law Office (Saskatoon, SK) enclosing copy of Rule 32
1996-10-22 Notice of appeal, (1 copy), with service, Completed on: 1996-10-22 John David Lucas
1996-10-03 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1996-10-03 Notice of deposit of judgment issued to all parties, Tory Tory Deslauriers & Binnington (Toronto, ON)
1996-10-03 Notice of deposit of judgment issued to all parties, Holgate Law Office (Saskatoon, SK)
1996-10-03 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1996-06-13 Correspondence received from, from Ed Holgate; re: will not be responding to the intervener sent to CJ G I, June 13/96 John David Lucas
1996-06-03 Book of authorities, 5 copies sent to CJ G I, June 4/96, with service, Completed on: 1996-06-03 Canadian Civil Liberties Association
1996-06-03 Intervener's memorandum of argument on application for leave, 5 copies(see motion granted on May 14/96), with service, Completed on: 1996-06-03 Canadian Civil Liberties Association
1996-05-29 $50.00 filing fee for a notice of motion, receipt no. 32153 John David Lucas
1996-05-14 Decision on motion for leave to intervene, factum limited to 20 pages, So
Granted, no order as to costs
1996-05-14 Hearing of motion for leave to intervene, 1996-05-14, factum limited to 20 pages, So
1996-05-14 Submission of motion for leave to intervene, 1996-05-14, factum limited to 20 pages, So
1996-05-10 Affidavit, to appoint counsel in the event leave be granted and in forma pauperis (of John David Lucas), with service John David Lucas
1996-05-10 Affidavit, to appoint counsel in the event leave be granted and in forma pauperis (of Johanna Erna Lucas), with service John David Lucas
1996-05-10 Notice of miscellaneous motion, to appoint counsel in the event leave be granted and in forma pauperis sent to CJ G I, May 16/96, with service, Completed on: 1996-05-10 John David Lucas
1996-05-10 Response to the motion for leave to intervene, of Canadian Civil Liberties (letterform), Completed on: 1996-05-10 John David Lucas
1996-05-09 Correspondence received from, dated May 8/96 from Ross Mcnab to advise the Court that he takes no position on the Canadian Civil Liberties application to intervene Her Majesty the Queen
1996-05-08 All materials on application for leave submitted to the Judges, CJ G Ia
1996-05-06 General proceeding, to note 5 copies of the Memorandum of Argument for leave to intervene, with service Canadian Civil Liberties Association
1996-05-06 $50.00 filing fee for a notice of motion, for leave to intervene receipt #32045 Canadian Civil Liberties Association
1996-05-06 Affidavit, 5 copies (bookform) (of A. Alan Borovoy), with service Canadian Civil Liberties Association
1996-05-06 Motion for leave to intervene, 5 copies (bookform), with service, Completed on: 1996-05-06 Canadian Civil Liberties Association
1996-05-02 Correspondence received from, dated May 2/96 from Henry S. Brown, Q.C. in response to the motions of the applicant to appoint counsel and in forma pauperis. Both applications are premature, sent to CJ G I, May 16/96 Her Majesty the Queen
1996-04-17 General proceeding, copies of C.A. formal orders (TO BE SENT WITH THE LEAVE APPLICATION John David Lucas
1996-03-29 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-03-29 Her Majesty the Queen
1996-03-13 General proceeding, 5 copies of signature of counsel (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) John David Lucas
1996-03-07 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of letter dated Mar 7/96 sent to applicant
1996-03-07 Correspondence received from, sent to Holgate Law Office (Saskatoon, SK) to acknowledge receipt of material commencing a proceeding together with filing fee
1996-03-04 $50.00 filing fee, receipt no. 31675 for $30.00 ($20.00 requested) (RECEIPT NO. 31718 DATED MARCH 13/96 FOR $20.00) John David Lucas
1996-03-04 Application for leave to appeal, 5 copies (no signature of counsel, $20.00 requested, date of the service requested, formal orders if any requested) (as per phone conversation, service has been admitted on March 1/96), with service, Completed on: 1996-04-17 John David Lucas

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
Lucas, John David Applicant Active
Lucas, Johanna Erna Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Canadian Civil Liberties Association Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Lucas, John David

Counsel
Name
Clayton C. Ruby
Contact information
Ruby & Edwardh
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Lucas, Johanna Erna

Counsel
Name
Clayton C. Ruby
Contact information
Ruby & Edwardh
11 Prince Arthur Ave
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: ruby@Ruby-edwardh.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

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
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Civil Liberties Association

Counsel
Name
John B. Laskin
Contact information
Tory Tory DesLauriers & Binningnton
3000 Aetna Tower
PO Box 270 Stn Toronto Dominion
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-0040
FAX: (416) 865-7380
Agent
Name
Eugene Meehan
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

Party: Attorney General of Manitoba

Counsel
Name
Shawn Greenberg
Contact information
Attorney General of Manitoba
7 - 405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-0679
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Name
Patricia A. Babcock
Contact information
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0249
FAX: (604) 666-2214
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
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

Party: Attorney General for Ontario

Counsel
Name
M. David Lepofsky
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: lepofsky@eol.ca
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

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

April 12, 1995
Court of Queen’s Bench of Saskatchewan

x

conviction: defamation

March 29, 1996
Court of Appeal for Saskatchewan

6672

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