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25751

Travis Orlowski v. Director, Forensic Psychiatric Institute, et al.

(British Columbia) (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)
1999-09-15 Appeal closed
1999-08-25 Record returned to the Registrar of the Court of Appeal, Sent 1 padded envelope to Appeal & Trial Court
1999-06-28 Formal judgment sent to the registrar of the court of appeal and all parties
1999-06-28 Copy of formal judgment being prepared
1999-06-18 Notice of deposit of judgment sent to all parties
1999-06-17 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is dismissed and the constitutional questions are answered as follows: (see long)
Dismissed, no order as to costs
1999-05-06 Supplemental factum, as per letter from the Court dated April 15/99 (24 copies) joint with 25855 / 25856 / 26320 sent to CJ L'HD G Co McL I Ma Ba Bi, May 7/99, Completed on: 1999-05-06 Attorney General for Ontario
1999-05-06 Supplemental factum, as per letter from the Court dated April 15/99 (24 copies) joint with 25855 / 25856 sent to CJ L'HD G Co McL I Ma Ba Bi, May 7/99, Completed on: 1999-05-06 Attorney General of British Columbia
1999-05-05 Supplemental factum, as per letter from the Court dated April 15/99 (24 copies) joint with 25855/25856/26320 sent to CJ L'HD G Co McL I Ma Ba Bi, May 7/99, Completed on: 1999-05-05 Attorney General of Canada
1999-05-05 Supplemental factum, as per letter from the Court dated April 15/99 (10 copies) sent to CJ L'HD G Co McL I Ma Ba Bi, May 7/99, Completed on: 1999-05-05 Travis Orlowski
1999-04-26 Correspondence received from, H. Groberman dated April 15, 1999 re: enclosing a copy of a decision of Manitoba Court of Appeal in H.M.Q. v. Hoeppener (joint with 25855-6-26320) P.S. this decision has already been filed by the Appellant in Lepage (26320) on March 23, 1999) Attorney General of British Columbia
1999-04-15 Correspondence (sent by the Court) to, all parties agents re: additional submissions limited to 10 pages to be filed within 20 days (SENT BY FAX)
1998-07-06 General proceeding, transcripts received and distributed to the justices (212 pages, vol. I & II)(joint with 25855 -25856-26320)
1998-06-16 General proceeding, 12 copies of CONDENSED BOOK given in court (joint with 25855-856) Attorney General of British Columbia
1998-06-16 General proceeding, 12 copies of A. G. of Ontario CONDENSED BOOK (joint with 25855-856-26320)
1998-06-15 Decision on motion to extend time, to file the factum, Reg
Granted, no order as to costs
1998-06-15 Submission of motion to extend time, Reg
1998-06-15 Hearing of the appeal, 1998-06-15, CJ L'HD G Co McL Ia Ma Ba Bi
Decision reserved
1998-06-15 General proceeding, 12 copies of CONDENSED BOOK given in court Travis Orlowski
1998-06-15 Order on motion to extend time, to file their factum
1998-06-15 Decision on motion to extend time, to file their factum to June 1/98, Reg
Granted, no order as to costs
1998-06-15 Hearing of motion to extend time, 1998-06-15, to file their factum to June 1/98, Reg
1998-06-15 Submission of motion to extend time, 1998-06-15, to file their factum to June 1/98, Reg
1998-06-12 Book of authorities, 12 copies (joint with 25855-856-26320), Completed on: 1998-06-12 Attorney General for Ontario
1998-06-11 Decision on motion to extend time, to file their factum to May 22/98, Reg
Granted, no order as to costs
1998-06-11 Hearing of motion to extend time, 1998-06-11, to file their factum to May 22/98, Reg
1998-06-11 Submission of motion to extend time, 1998-06-11, to file their factum to May 22/98, Reg
1998-06-11 Decision on motion for additional time to present oral argument, permitting 30 minutes for oral argument and for two counsel to address the Court, CJ
Granted, no order as to costs
1998-06-11 Hearing of motion for additional time to present oral argument, 1998-06-11, permitting 30 minutes for oral argument and for two counsel to address the Court, CJ
1998-06-11 Submission of motion for additional time to present oral argument, 1998-06-11, permitting 30 minutes for oral argument and for two counsel to address the Court, CJ
1998-06-10 Response to the motion for additional time to present oral argument, of 30 minutes for A.G. Canada (Burke-Robertson) (joint with 25855-6), Completed on: 1998-06-10 Director, Forensic Psychiatric Institute
1998-06-10 Notice of appearance, of Pierre Lapointe at the hearing of the appeal Attorney General of Quebec
1998-06-10 $50.00 filing fee for notice of motion, (deducted from Justice account) Attorney General of Canada
1998-06-10 Affidavit, of Kenneth Yule - 2 copies, with service Attorney General of Canada
1998-06-10 Motion for additional time to present oral argument, (30 minutes) (joint with 25855-6) - 2 copies, with service, Completed on: 1998-06-10 Attorney General of Canada
1998-06-10 Notice of appearance, of Rod Holloway and Lisa Sturgess at the hearing of the appeal Travis Orlowski
1998-06-10 $50.00 filing fee for notice of motion, deducted from Justice Quebec Attorney General of Quebec
1998-06-10 Affidavit, to file the intervener's factum to June 1, 1998 (Pierre Lapointe) (joint with 25855-6), with service Attorney General of Quebec
1998-06-10 Motion to extend time, to file the factum to June 1, 1998 (joint with 25855-6), with service, Completed on: 1998-06-10 Attorney General of Quebec
1998-06-08 Appeal court record, (1 envelope)
1998-06-08 Correspondence (sent by the Court) to, dated June 3/98 from David Mossop re: time frame for hearing of the appeal (joint with 25855-856- 26320)
1998-06-05 Trial court record, 1 certified copy of B.C. Review Board
1998-06-05 Correspondence (sent by the Court) to, (by fax) dated June 5/98 from Kenneth J. Yule re: time for oral argument at the hearing (joint with 28855-856-26320)
1998-06-05 Book of authorities, 12 copies of vol. 1 to 3 (joint with 26320), with service, Completed on: 1998-06-05 Travis Orlowski
1998-06-05 Decision on motion to extend time, to file their factum to May 29/98, Reg
Granted, no order as to costs
1998-06-05 Hearing of motion to extend time, 1998-06-05, to file their factum to May 29/98, Reg
1998-06-05 Submission of motion to extend time, 1998-06-05, to file their factum to May 29/98, Reg
1998-06-04 Response to motion to extend time, to file the A.G. Canada's factum to May 29, 1998 (Gowling, Strathy), Completed on: 1998-06-04 Travis Orlowski
1998-06-03 Affidavit, to file the factum to May 22, 1998 (Eric Siebenmorgen) (joint), with service Attorney General for Ontario
1998-06-03 $50.00 filing fee for notice of motion, receipt no. 30712 Attorney General for Ontario
1998-06-03 Motion to extend time, to file the factum to May 22, 1998 (joint with 25855-6), with service, Completed on: 1998-06-03 Attorney General for Ontario
1998-06-03 Response to motion to extend time, to file the A. G. Canada's factum to May 29, 1998 (Burke-Robertson) (joint), Completed on: 1998-06-03 Director, Forensic Psychiatric Institute
1998-06-02 Proof of service, of factum (admitted on June 1\98) (joint with 25855-25856)
1998-06-01 Correspondence (sent by the Court) to, to A. Roland, letter dated May 29, 1998 (fax copy) re: proposal schedule (joint with 26320, 25855-6)
1998-06-01 Intervener's factum, 24 copies (joint with 25855-856)(extension of time requested), Completed on: 1998-06-01 Attorney General of Quebec
1998-05-29 Correspondence (sent by the Court) to, from Rod Holloway re: transmission of the Appeal Records to S.C.
1998-05-29 Affidavit, to file the intervener's factum (George G. Dolhai), with service Attorney General of Canada
1998-05-29 Motion to extend time, to file the intervener's factum to May 29/98, with service, Completed on: 1998-05-29 Attorney General of Canada
1998-05-29 Intervener's factum, 24 copies (joint with 25855-856-26320), with service, Completed on: 1998-05-29 Attorney General of Canada
1998-05-27 Notice of withdrawal Attorney General of Manitoba
1998-05-22 Order on motion to extend time, to file their Record
1998-05-22 Order on motion to extend time, to file their Factum
1998-05-22 Intervener's factum, 24 copies (joint with 25855-856)(extension of time requested), with service, Completed on: 1998-05-22 Attorney General for Ontario
1998-05-13 Decision on motion to file a lengthy factum, of 30 pages, Co
Granted, no order as to costs
1998-05-13 Submission of motion to file a lengthy factum, Co
1998-05-13 Order on motion for leave to intervene, for Cory J.'s Order see file (Joint with 25855, 25856, 26320)
1998-05-13 Decision on the motion for leave to intervene, Co, 1. Factum is not to exceed 20 pages and oral argument is not to exceed 10 minutes. 2. There will be only one factum filed and that in the Lepage appeal. 3. There will be no fresh evidence filed or contained in the factum or oral submission. 4. Every effort must be made to avoid repetition of matters or issues raised in other factums filed in these proceedings
Granted, no order as to costs
1998-05-13 Hearing of motion for leave to intervene, 1998-05-13, Co
1998-05-13 Submission of motion for leave to intervene, 1998-05-13, Co
1998-05-05 Decision on motion to extend time, to file their record to Apr. 21/98, Reg
Granted, no order as to costs
1998-05-05 Hearing of motion to extend time, 1998-05-05, to file their record to Apr. 21/98, Reg
1998-05-05 Submission of motion to extend time, 1998-05-05, to file their record to Apr. 21/98, Reg
1998-05-01 Correspondence (sent by the Court) to, from H. Groberman, letter dated April 29, 1998 (fax copy) re: response to the motion to intervene by CMHA (joint with 25855-6)
1998-04-30 Book of authorities, 10 copies of vol. I & II (joint with 25855-25856), with service, Completed on: 1998-04-30 Attorney General of British Columbia
1998-04-28 Motion to file a lengthy factum, of 30 pages (joint with 25855-6, 26320), with service, Completed on: 1998-04-28 Canadian Mental Health Association
1998-04-28 Motion to extend time, to file the motion to intervene (joint with 25855-6, 26320), with service, Completed on: 1998-04-28 Canadian Mental Health Association
1998-04-28 Affidavit, of E. J. Pennington (joint with 25855-6, 26320), with service Canadian Mental Health Association
1998-04-28 Motion for leave to intervene, (joint motion) - 2 copies - book form (joint with 25855-6, 26320), with service, Completed on: 1998-04-28 Canadian Mental Health Association
1998-04-27 Decision on motion to extend time, to file their factum to Apr. 17/98, Reg
Granted, no order as to costs
1998-04-27 Hearing of motion to extend time, 1998-04-27, to file their factum to Apr. 17/98, Reg
1998-04-27 Submission of motion to extend time, 1998-04-27, to file their factum to Apr. 17/98, Reg
1998-04-23 Notice of hearing, With service Travis Orlowski
1998-04-22 Affidavit, to file the respondent's record (of Harvey M. Groberman), with service Attorney General of British Columbia
1998-04-22 $50.00 filing fee for notice of motion, to extend time receipt #30479 Attorney General of British Columbia
1998-04-22 Motion to extend time, to file the respondent's factum to April 21/98, with service, Completed on: 1998-04-22 Attorney General of British Columbia
1998-04-17 Proof of service, of the factum (book form)
1998-04-17 Respondent's factum, 23 copies (extension of time requested), Completed on: 1998-04-17 Attorney General of British Columbia
1998-04-17 Affidavit, to file the respondent's factum (of Harvey M. Groberman), with service Attorney General of British Columbia
1998-04-17 Motion to extend time, to file the respondent's factum to April 17/98, with service, Completed on: 1998-04-17 Attorney General of British Columbia
1998-04-15 Appeal hearing scheduled, 1998-06-15
Decision reserved
1997-12-15 Proof of service, of the case on appeal in 3 volumes, the supplemental case and the appellant's factum
1997-11-27 Appeal perfected for hearing, Session beginning on 1998-04-27
1997-11-24 Notice of intervention respecting a constitutional question Attorney General of Quebec
1997-11-18 Correspondence (sent by the Court) to, (by fax) dated Nov. 13/97 from Rod Holloway re: no objection for the appeal being heard in April or May of 1998
1997-11-13 Correspondence (sent by the Court) to, from A. Pollak to Registrar, letter dated Nov. 12, 1997 (fax copy) re: suggesting January date for hearing of this appeal (joint with 25855-6)
1997-10-28 Notice of intervention respecting a constitutional question, (1 copy), with service Attorney General of Canada
1997-10-28 Notice of intervention respecting a constitutional question, With service Attorney General of Manitoba
1997-10-27 Notice of intervention respecting a constitutional question Attorney General for Ontario
1997-10-23 Notice of constitutional question(s), With service Travis Orlowski
1997-10-21 Order on motion to state a constitutional question
1997-10-16 Decision on the motion to state a constitutional question, (for questions see file). The notices of intention to intervene are to be filed no later than Nov. 24/97, CJ
Granted, no order as to costs
1997-10-16 Hearing of the motion to state a constitutional question, 1997-10-16, (for questions see file). The notices of intention to intervene are to be filed no later than Nov. 24/97, CJ
1997-10-16 Submission of motion to state a constitutional question, 1997-10-16, (for questions see file). The notices of intention to intervene are to be filed no later than Nov. 24/97, CJ
1997-10-07 Order on motion to extend time, to file their Case on Appeal
1997-10-07 Decision on motion to extend time, to file their case on appeal to Sept. 26/97, Reg
Granted, no order as to costs
1997-10-07 Hearing of motion to extend time, 1997-10-07, to file their case on appeal to Sept. 26/97, Reg
1997-10-07 Submission of motion to extend time, 1997-10-07, to file their case on appeal to Sept. 26/97, Reg
1997-10-07 Response to motion to extend time, to file the case on appeal to Sept. 26, 1997 (Burke-Robertson) (fax copy), Completed on: 1997-10-07 Director, Forensic Psychiatric Institute
1997-10-02 Affidavit, to file the case on appeal to Sept. 26, 1997 (Rod Holloway), with service Travis Orlowski
1997-10-02 $50.00 filing fee for notice of motion, receipt no. 34861 Travis Orlowski
1997-10-02 Motion to extend time, to file the case on appeal to Sept. 26, 1997, with service, Completed on: 1997-10-02 Travis Orlowski
1997-09-29 Appellant's factum, 24 copies, with service, Completed on: 1997-09-29 Travis Orlowski
1997-09-29 Agreement as to contents of case Travis Orlowski
1997-09-26 Certified casebook, SUPPLEMENTAL Case on Appeal 24 copies Travis Orlowski
1997-09-26 Case on appeal, 1 COPY of vol. I to III (see supplementary Case) (extension of time requested) Travis Orlowski
1997-09-05 Correspondence (sent by the Court) to, from Kenneth Yule, letter dated Aug. 26, 1997 (fax copy) re: A.G.Canada will be filing an intervention when the constitutional question has been stated
1997-07-30 $50.00 filing fee for notice of motion, for Const. Question receipt #34546 Travis Orlowski
1997-07-28 Motion to state a constitutional question, ($50.00 requested), with service, Completed on: 1997-07-28 Travis Orlowski
1997-06-05 Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing copy of Rule 32
1997-06-05 Correspondence (sent by the Court) to, sent to A.G. of B.C. (Vancouver, BC) enclosing copy of Rule 32
1997-06-05 Correspondence (sent by the Court) to, sent to Rod Holloway (Vancouver, BC) enclosing copy of Rule 32
1997-05-30 Notice of appeal, Completed on: 1997-05-30 Travis Orlowski
1997-05-08 Judgment of the Court on the application for leave to appeal, CJ Co McL, The application for leave to appeal is granted.
Granted, no order as to costs
1997-05-08 Notice of deposit of judgment issued to all parties, A.G. of Canada
1997-05-08 Notice of deposit of judgment issued to all parties, Burke-Robertson
1997-05-08 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson
1997-03-21 All materials on application for leave submitted to the Judges, CJ Co McL
1997-02-03 Respondent's response on the application for leave to appeal, LETTERFORM; WILL NOT BE RESPONDING TO THE LEAVE APPLICATION, Completed on: 1997-02-03 Attorney General of British Columbia
1997-01-31 Correspondence received from, sent to Burke-Robertson enclosing a copy of the letter dated Jan. 31/97 sent to the Applicant
1997-01-31 Correspondence received from, sent to Attorney General of Canada enclosing a copy of the letter dated Jan. 31/97 sent to the Applicant
1997-01-31 Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of material commencing a proceeding together with filing fee
1997-01-16 $50.00 filing fee, receipt no. 33360 Travis Orlowski
1997-01-16 Application for leave to appeal, 6 copies (SEE FILES 25855-6), with service, Completed on: 1997-01-16 Travis Orlowski

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
Orlowski, Travis Applicant Active

v.

Main parties - Respondents
Name Role Status
Director, Forensic Psychiatric Institute Respondent Active
Attorney General of British Columbia Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Canadian Mental Health Association Intervener Active

Counsel

Party: Orlowski, Travis

Counsel
Name
Rod Holloway
Contact information
Legal Services Society
1500 - 1140 Pender St W
Vancouver, British Columbia
V6E 4G1
Telephone: (604) 601-6000
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: Director, Forensic Psychiatric Institute

Counsel
Names
Mary Acheson
Harvey M. Groberman
Contact information
Attorney General of British Columbia
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2H4
Telephone: (604) 660-3093
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of British Columbia

Counsel
Name
Harvey M. Groberman
Contact information
Attorney General of British Columbia
1001 Douglas Street, 6th Floor
P.O. Box 9280, Stn. Provincial Government
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-8848
FAX: (250) 356-9154
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General for Ontario

Counsel
Name
Eric Siebenmorgen
Contact information
Attorney General for Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4595
FAX: (416) 326-4656
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

Party: Attorney General of Canada

Counsel
Name
Kenneth J. Yule
Contact information
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0213
FAX: (604) 666-1599
Email: kenneth.yule@justice.gc.ca
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 of Quebec

Counsel
Name
Pierre Lapointe
Contact information
Procureur général du Québec
2.55 - 300 boul Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 643-9059
FAX: (418) 646-4919
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Canadian Mental Health Association

Counsel
Name
Janet L. Budgell
Contact information
Advocacy Resource Centre for the Handicapped
255 - 40 Orchard View Blvd
Toronto, Ontario
M4R 1B9
Telephone: (416) 482-8225
FAX: (416) 482-2981
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

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

November 19, 1996
Court of Appeal for British Columbia (Vancouver)

CA021203

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