Case information
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25738
Her Majesty the Queen v. Henry Gerard Cuerrier
(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) |
|---|---|---|
| 1999-01-05 | Record returned to the Registrar of the Court of Appeal | |
| 1998-09-11 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1998-09-11 | Copy of formal judgment being prepared, all parties | |
| 1998-09-04 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-09-03 |
Judgment on the appeal rendered, L'HD G Co McL Ma Ba Bi, The appeal is allowed, the orders of the Court of Appeal and that of the trial judge are set aside and a new trial is directed. Allowed, no order as to costs |
|
| 1998-04-15 | General proceeding, transcript received and distributed to the justices (85 pages) | |
| 1998-03-27 |
Hearing of the appeal, 1998-03-27, L'HD G Co McL Ma Ba Bi Decision reserved |
|
| 1998-03-23 | Book of authorities, 12 copies of vols. 1 to 4, with service, Completed on: 1998-03-23 | Canadian Aids Society |
| 1998-03-23 | Notice of appearance, of Marlys Edwardh and Richard Elliott at the hearing of the appeal (joint with I03-I04) | Canadian Aids Society |
| 1998-03-23 | Book of authorities, 12 copies, with service, Completed on: 1998-03-23 | Henry Gerard Cuerrier |
| 1998-03-20 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1998-03-10 | Book of authorities, 10 copies, Completed on: 1998-03-10 | Attorney General for Ontario |
| 1998-03-10 | Proof of service, of the A.G. Ontario's authorities | |
| 1998-03-06 | Notice of appearance, of Marlys Edwardh and Richard Elliott at the hearing of the appeal (joint with I03-I04) | Canadian Aids Society |
| 1998-03-02 | Correspondence (sent by the Court) to, dated Feb. 24/98 from William F. Ehrcke, Q.C. re: identity of the complainants should not be disclosed | |
| 1998-02-27 | Book of authorities, 10 copies, with service, Completed on: 1998-02-27 | Her Majesty the Queen |
| 1998-02-23 | Reply factum on appeal, 24 copies (see order of Feb. 13/98), with service, Completed on: 1998-02-23 | Her Majesty the Queen |
| 1998-02-13 | Order on motion to adjourn the hearing of the appeal | |
| 1998-02-13 |
Decision on motion to adjourn the hearing of the appeal, CJ, by the respondent. The motion to adjourn the hearing to March 27, 1998 is granted; The Appellant is authorized to file a factum of up to 20 pages in response to the factums of the interveners by no later than Feb. 23/98; The respondent is authorized to file a factum of up to 20 pages in reply within 10 days of service of the Appellant's response Granted, no order as to costs |
|
| 1998-02-13 | Hearing of motion to adjourn the hearing of the appeal, 1998-02-13, CJ | |
| 1998-02-13 | Submission of motion to adjourn the hearing of the appeal, 1998-02-13, CJ | |
| 1998-01-30 | Response to the motion to adjourn the hearing of the appeal, (CONDITIONAL THAT THIS APPEAL BE HEARD PRIOR TO THE END OF APRIL 1998 (William F. Ehrcke), Completed on: 1998-01-30 | Her Majesty the Queen |
| 1998-01-30 | Affidavit, to April 1998 session (Douglas Stewart) - 2 copies | Henry Gerard Cuerrier |
| 1998-01-30 | $50.00 filing fee for notice of motion, receipt no. 30011 | Henry Gerard Cuerrier |
| 1998-01-30 | Proof of service, of the factum and authorities | |
| 1998-01-29 | Motion to adjourn the hearing of the appeal, to April 1998 session (2 copies), Completed on: 1998-01-29 | Henry Gerard Cuerrier |
| 1998-01-28 | Notice of appearance, of Renée Pomerance (15 mins.) | Attorney General for Ontario |
| 1998-01-23 | Proof of service, of factum and book of authorities | |
| 1998-01-20 | Correspondence (sent by the Court) to, from Gowling, Strathy to A. Roland, letter dated Jan. 20, 1998 re: B.C. Civil Liberties takes no position with respect to the appellant's application to file a reply | |
| 1998-01-16 | Affidavit, of William F. Ehrcke, with service | Her Majesty the Queen |
| 1998-01-16 | $50.00 filing fee for notice of motion, receipt no. 28460 | Her Majesty the Queen |
| 1998-01-16 | Motion to file a reply factum on appeal, to the intervenors facta of up to 20 pages, within 10 days of the date of the order of this Court, with service, Completed on: 1998-01-16 | Her Majesty the Queen |
| 1998-01-14 |
Appeal hearing scheduled, 1998-03-27 Decision reserved |
|
| 1997-12-23 | Intervener's factum, 24 copies (extension of time requested), with service, Completed on: 1997-12-23 | Attorney General for Ontario |
| 1997-12-19 | Intervener's factum, 24 copies (joint with I03-I04), with service, Completed on: 1997-12-19 | Canadian Aids Society |
| 1997-12-18 | Book of authorities, 12 copies, with service, Completed on: 1997-12-18 | British Columbia Civil Liberties Association |
| 1997-12-18 | Intervener's factum, 24 copies, with service, Completed on: 1997-12-18 | British Columbia Civil Liberties Association |
| 1997-11-20 | Respondent's factum, 24 copies (see order dated Oct. 24, 1997), with service, Completed on: 1997-11-20 | Henry Gerard Cuerrier |
| 1997-10-28 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-10-24 | Order on motion to extend time, to file their factum | |
| 1997-10-24 |
Decision on motion to extend time, to file their factum to Nov. 21/97, Reg Granted, no order as to costs |
|
| 1997-10-24 | Hearing of motion to extend time, 1997-10-24, to file their factum to Nov. 21/97, Reg | |
| 1997-10-24 | Submission of motion to extend time, 1997-10-24, to file their factum to Nov. 21/97, Reg | |
| 1997-10-23 | Response to motion to extend time, to file the respondent's factum to Nov. 21/97, Completed on: 1997-10-23 | Her Majesty the Queen |
| 1997-10-23 | Affidavit, to file the respondent's factum to Nov. 21/97 (of (Douglas J. Stewart) | Henry Gerard Cuerrier |
| 1997-10-23 | $50.00 filing fee for notice of motion, receipt no. 34980 | Henry Gerard Cuerrier |
| 1997-10-23 | Motion to extend time, to file the respondent's factum to Nov. 21/97, Completed on: 1997-10-23 | Henry Gerard Cuerrier |
| 1997-10-16 | General proceeding, (NOTE TO FILE) On instructions fr. Justice Major the appellant's shall make a formal motion for the relief requested in their letter of Oct. 9, 1997. | |
| 1997-10-15 | Appeal court record, (1 env.) | |
| 1997-10-10 | Correspondence (sent by the Court) to, dated Oct. 9, 1997, fr. Jennifer Mackinnon re: Justice Major did not deal with request for reply factum or additional time for oral argument in allowing interventions (original filed Oct. 17\97) | |
| 1997-10-07 |
Decision on the motion for leave to intervene, Ma, Leave is not granted to file a 30 page factum. Leave is granted to present oral argument limited to 15 min. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions (for costs see order) Granted, no order as to costs |
|
| 1997-10-07 | Hearing of motion for leave to intervene, 1997-10-07, Ma | |
| 1997-10-07 | Submission of motion for leave to intervene, 1997-10-07, Ma | |
| 1997-10-07 |
Decision on the motion for leave to intervene, Ma, by the Canadian Aids Society et al. Leave is not granted to file a 30 page factum. Leave is granted to present oral argument limited to 15 min. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions (for costs see order) Granted, no order as to costs |
|
| 1997-10-07 | Hearing of motion for leave to intervene, 1997-10-07, Ma | |
| 1997-10-07 | Submission of motion for leave to intervene, 1997-10-07, Ma | |
| 1997-10-07 |
Decision on the motion for leave to intervene, Ma, Leave is granted to file a 20 page factum and to present oral argument limited to 15 min. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions (see order for details on costs) Granted, no order as to costs |
|
| 1997-10-07 | Hearing of motion for leave to intervene, 1997-10-07, Ma | |
| 1997-10-07 | Submission of motion for leave to intervene, 1997-10-07, Ma | |
| 1997-10-02 | Response to the motion for leave to intervene, by the British Columbia Civil Liberties (letterform from William F. Ehrcke), Completed on: 1997-10-02 | Henry Gerard Cuerrier |
| 1997-10-02 | Appeal court record, (1 folder) | |
| 1997-09-02 | Proof of service, of the appellant's factum (book form) | |
| 1997-09-02 | Appellant's factum, 23 copies, Completed on: 1997-09-02 | Her Majesty the Queen |
| 1997-08-18 | Response to the motion for leave to intervene, of A.G. Ontario, Completed on: 1997-08-18 | Her Majesty the Queen |
| 1997-08-18 | Response to motion to extend time, for leave to intervene of A.G. Ontario, Completed on: 1997-08-18 | Her Majesty the Queen |
| 1997-08-18 | Affidavit, Murray D. Segal, with service | Attorney General for Ontario |
| 1997-08-18 | Affidavit, for leave to intervene; Renee M. Pomerance, with service | Attorney General for Ontario |
| 1997-08-18 | $50.00 filing fee for notice of motion, receipt #34588 | Attorney General for Ontario |
| 1997-08-18 | Motion for leave to intervene, With service, Completed on: 1997-08-18 | Attorney General for Ontario |
| 1997-08-18 | Motion to extend time, for leave to intervene, with service, Completed on: 1997-08-18 | Attorney General for Ontario |
| 1997-07-17 | Correspondence (sent by the Court) to, from Burke-Robertson to M. Larmour, letter dated July 14, 1997 re: response on motion to intervene by Canadian Aids Society, et al | |
| 1997-07-15 | Correspondence (sent by the Court) to, sent to Douglas J. Stewart (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books | |
| 1997-07-15 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Vancouver, BC) enclosing a copy of the notice to the profession dealing with condensed books | |
| 1997-07-14 | Correspondence (sent by the Court) to, dated July 14/97 from V. Jennifer MacKinnon re: does not oppose the intervention of Canadian Aids Society et al but on conditions (see letter) | |
| 1997-07-02 | $50.00 filing fee for notice of motion, receipt #34429 | Canadian Aids Society |
| 1997-07-02 | Affidavit, 5 copies; Tom McAulay, with service | Persons With Aids Society of British Columbia |
| 1997-07-02 | Motion for leave to intervene, 5 copies (joint with I02 and I03), with service, Completed on: 1997-07-02 | Persons With Aids Society of British Columbia |
| 1997-07-02 | Affidavit, 5 copies; Ralf Jurgens (joint with I02 and I04), with service | Canadian HIV/AIDS Legal Network |
| 1997-07-02 | Motion for leave to intervene, 5 copies (joint with I02 and I04), with service, Completed on: 1997-07-02 | Canadian HIV/AIDS Legal Network |
| 1997-07-02 | Affidavit, 5 copies; Russell Armstrong, with service | Canadian Aids Society |
| 1997-07-02 | Motion for leave to intervene, 5 copies (joint with I03 and I04), with service, Completed on: 1997-07-02 | Canadian Aids Society |
| 1997-06-26 | Case on appeal, 23 copies of vol. I to III | Her Majesty the Queen |
| 1997-06-26 | Certified casebook, 1 copy of vols. 1 to 3, with service | Her Majesty the Queen |
| 1997-06-23 | Affidavit, of John Westwood - 2 copies | British Columbia Civil Liberties Association |
| 1997-06-23 | Motion to adduce new evidence, (joint with motion to intervene), Completed on: 1997-06-23 | British Columbia Civil Liberties Association |
| 1997-06-23 | $50.00 filing fee for notice of motion, receipt no. 34373 | British Columbia Civil Liberties Association |
| 1997-06-23 | Motion for leave to intervene, (joint with motion to adduce fresh evidence) - 2 copies, Completed on: 1997-06-23 | British Columbia Civil Liberties Association |
| 1997-05-08 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-05-08 | Correspondence (sent by the Court) to, sent to Douglas J. Stewart (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-05-02 | Notice of appeal, (1 copy), with service, Completed on: 1997-05-02 | Her Majesty the Queen |
| 1997-04-24 |
Judgment of the Court on the application for leave to appeal, L'HD So Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1997-04-24 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1997-04-24 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-04-24 | Order granting leave to appeal | |
| 1997-04-04 | All materials on application for leave submitted to the Judges, L'HD So Ia | |
| 1997-02-07 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-02-07 | Henry Gerard Cuerrier |
| 1997-01-31 | Correspondence received from, sent to Douglas J. Stewart (Vancouver, BC) enclosing copy of the letter dated Jan. 31/97 sent to the Applicant | |
| 1997-01-31 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1997-01-13 | $50.00 filing fee, receipt no. 33342 | Her Majesty the Queen |
| 1997-01-13 | Application for leave to appeal, 5 copies (service admitted on Jan. 10, 1997), with service, Completed on: 1997-01-13 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cuerrier, Henry Gerard | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Aids Society | Intervener | Active |
| Canadian HIV/AIDS Legal Network | Intervener | Active |
| Persons With Aids Society of British Columbia | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
602 - 865 Hornby St
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4195
Party: Cuerrier, Henry Gerard
Counsel
157 ALEXANDER ST
3RD FL
VANCOUVER, British Columbia
V6A 1B8
Telephone: (604) 685-6820
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: British Columbia Civil Liberties Association
Counsel
3000 - 1055 GEORGIA ST W
BOX 11130
VANCOUVER, British Columbia
V6E 3R3
Telephone: (604) 687-6575
FAX: (604) 641-4949
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Canadian Aids Society
Counsel
Marlys Edwardh
2300 - 200 King St W
Toronto, Ontario
M5H 3W5
Telephone: (416) 597-4094
FAX: (416) 659-5056
Agent
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942
Party: Canadian HIV/AIDS Legal Network
Counsel
2300 - 200 King St W
Toronto, Ontario
M5H 3W5
Telephone: (416) 597-4094
FAX: (416) 659-5056
Agent
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942
Party: Persons With Aids Society of British Columbia
Counsel
2300 - 200 King St W
Toronto, Ontario
M5H 3W5
Telephone: (416) 597-4094
FAX: (416) 659-5056
Agent
220 Laurier Ave W
12th Fl
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 236-9442
FAX: (613) 236-7942
Party: Attorney General for Ontario
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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.
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Lower court rulings
Supreme Court of British Columbia
CC941279
Acquittal: aggravated assault (2 counts)
Court of Appeal for British Columbia (Vancouver)
CA019870
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