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.
26129
Minister of Justice v. Glen Sebastian Burns, 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2001-04-24 | Record returned to the Registrar of the Court of Appeal | |
| 2001-03-01 | Appeal closed | |
| 2001-02-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-02-20 | Copy of formal judgment being prepared | |
| 2001-02-16 | Notice of deposit of judgment sent to all parties | |
| 2001-02-15 |
Judgment on re-hearing rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB Dismissed, no order as to costs |
|
| 2001-02-14 | Correspondence (sent by the Court) to, Mr. Edward L. Greenspan, Q.C. (by fax) in response to his letter | |
| 2001-02-14 | Correspondence received from, Robert Frater (by fax) dated Feb. 14/01 in response to Mr. Greenspan's letter of Feb. 14/01 | Minister of Justice |
| 2001-02-14 | Correspondence received from, Edward L. Greenspan, Q.C. and Marlys Edwardh (by fax) dated Feb. 14/01 re: release of judgment at 1:15 pm eastern time | Glen Sebastian Burns |
| 2000-10-19 | Correspondence received from, Marlys Edwardh dated Oct. 17/00 with a decision of the Judicial Committee of the Privy Council in Lewis et al v. Attorney General of Jamaica + consent of the respondent Robert Frater (sent to the Court Oct. 24/00) | Atif Ahmad Rafay |
| 2000-10-19 | Supplemental document, decision of Judicial Committee of the Privy Council in: Lewis et al v. Attorney General of Jamaica (sent to Court Oct. 24/00) | Atif Ahmad Rafay |
| 2000-08-08 | Correspondence received from, R. Frater dated Aug. 8, 2000 re: takes no position with respect to the filing of the study by Prof. Liebman (sent to panel on Aug. 14, 2000) | Minister of Justice |
| 2000-07-19 | Correspondence received from, E. Greenspan and M. Edwardh dated July 18, 2000 re: enclosing a study entitled "A Broken System: Error Rates in capital Cases" by Prof. J. Liebman and appendices (sent to panel on Aug 14, 2000) | Glen Sebastian Burns |
| 2000-06-05 | Transcript received, and distributed to the justices (138 pages) | |
| 2000-05-26 | Correspondence received from, S. David Frankel, Q.C. (by fax) dated May 25/00 re: response to the Court during the hearing is U.S.A. v Cotroni; El Zeinb (sent to the Court on May 26/00) | Minister of Justice |
| 2000-05-23 |
Re-hearing of the appeal, 2000-05-23, (V043-044), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2000-05-23 | Respondent's book of authorities, re: on stay of surrender - given in Court, Completed on: 2000-05-23 | Glen Sebastian Burns |
| 2000-05-23 | Supplemental factum, (suppl. factum re: stay of surrender pending a petition to the United Nations Human Rights Committee - given in Court), Completed on: 2000-05-23 | Glen Sebastian Burns |
| 2000-05-23 | Supplemental document, (consolidated authorities) | Atif Ahmad Rafay |
| 2000-05-23 | Supplemental document, (book of excerpts) | Glen Sebastian Burns |
| 2000-05-23 | Acknowledgement and consent for video taping of proceedings | |
| 2000-05-18 | Notice of appearance, (fax copy) | Glen Sebastian Burns |
| 2000-05-16 |
Decision on motion for additional time to present oral argument, Ma, by the respondents. Dismissed, no order as to costs |
|
| 2000-05-16 | Submission of motion for additional time to present oral argument, Ma | |
| 2000-05-16 |
Decision on miscellaneous motion, Ma, by the appellant for permission to file replies to the facta of the interveners; to file an updated consolidation of the appellant's facta and to file a supplementary book of authorities. Granted, no order as to costs |
|
| 2000-05-16 | Submission of miscellaneous motion, Ma | |
| 2000-05-15 | Response to miscellaneous motion, Completed on: 2000-05-15 | Glen Sebastian Burns |
| 2000-05-15 | Response to the motion for additional time to present oral argument, (Letter Form), letter (by fax) from Robert Frater dated May 15/00 re: does not oppose, Completed on: 2000-05-15 | Minister of Justice |
| 2000-05-12 | Response to miscellaneous motion, Completed on: 2000-05-12 | Atif Ahmad Rafay |
| 2000-05-11 | Supplemental document, Appellant's Supplemental Authorities vol. II (see order of Ma of May 16/00)(sent to panel May 16/00) | Minister of Justice |
| 2000-05-11 | Supplemental factum, Updated Consolidation of Appellant's Facta (see order of Ma of May 16/00)(sent to panel May 16/00), Completed on: 2000-05-11 | Minister of Justice |
| 2000-05-11 | Book of authorities, Completed on: 2000-05-11 | The Senate of the Italian Republic |
| 2000-05-10 | Intervener's factum, AMENDED FACTUM (see Order dated May 3/00), Completed on: 2000-05-10 | The Senate of the Italian Republic |
| 2000-05-08 | Notice of miscellaneous motion, (to file a joint reply, a consolidated appellant's facta and suppl. authorities) - 3 copies, Completed on: 2000-05-08 | Minister of Justice |
| 2000-05-08 | Motion for additional time to present oral argument, (for an additional 30 minutes, for a total of 2 hours) - book form, Completed on: 2000-05-08 | Glen Sebastian Burns |
| 2000-05-03 | Order on motion to strike out, (by the Court) | |
| 2000-05-03 |
Decision on motion to strike out, Bi, (see long judgment) Granted, no order as to costs |
|
| 2000-05-03 | Submission of motion to strike out, Bi | |
| 2000-05-01 | Response to motion to strike out, (Letter Form), from L. Waldman dated Apr. 30/00 (by fax), Completed on: 2000-05-01 | The Senate of the Italian Republic |
| 2000-04-27 | Correspondence received from, Marlys Edwardh dated April 20/00 (copy of a letter sent to Mr. Frankel) outlining the reasons of the amendment of the Order Requested of the Respondents' factum (sent to CJ, LHD, G, I, Ma, Ba, Bi, Ar and LeB on May 1/00) | Glen Sebastian Burns |
| 2000-04-27 | General proceeding, Amended Part IV Order Requested (page 73) of the respondents' factum joit with a letter of Jean Phillippo dated April 20/00 (sent to panel on May 1/00) | Glen Sebastian Burns |
| 2000-04-26 | Supplemental document, (supplementary authorities) | Amnesty International, Canadian Section (English Speaking) |
| 2000-04-26 | Supplemental factum, (granted by C.J. Apr. 19/00), Completed on: 2000-04-26 | Amnesty International, Canadian Section (English Speaking) |
| 2000-04-20 | Motion to strike out, the entire factum of the Senate of the Italian Republic (original and service filed Apr. 25/00), Completed on: 2000-04-25 | Minister of Justice |
| 2000-04-19 | General proceeding, (The request in letter form dated Apri 7, 2000 from the Intervener Amnesty International for leave to file a supplementary factum is granted by Chief Justice McLachlin) | Amnesty International, Canadian Section (English Speaking) |
| 2000-04-19 | Respondent's record, Completed on: 2000-04-28 | Glen Sebastian Burns |
| 2000-04-17 | Correspondence received from, S. David Frankel, Q.C. re: takes no position with respect to the request by David Matas counsel for Amnesty International to file supplementary factum | Minister of Justice |
| 2000-04-14 | Respondent's book of authorities, Vol. I & II, Completed on: 2000-04-18 | Glen Sebastian Burns |
| 2000-04-11 | Correspondence received from, Marlys Edwardh (Rafay) dated April 11/00 re: has no objection to the filing of supplementary material by Amnesty International - also with written endorsement of (Burns) | Glen Sebastian Burns |
| 2000-04-11 | Respondent's factum, (re-hearing) (see A. Roland's letter)(see amended Order Requested filed April 27/00), Completed on: 2000-04-11 | Glen Sebastian Burns |
| 2000-04-10 | Intervener's factum, (see order March 24, 2000), Completed on: 2000-04-10 | The Senate of the Italian Republic |
| 2000-04-07 | Correspondence received from, David Matas (by fax) dated April 7/00 requesting permission to file a supplementary factum (request is granted by Chief Justice McLachlin on April 19, 2000) | Amnesty International, Canadian Section (English Speaking) |
| 2000-04-04 |
Re-hearing scheduled, 2000-05-23 Judgment reserved |
|
| 2000-03-24 | Order on motion for leave to intervene, (by the Court) | |
| 2000-03-24 |
Decision on the motion for leave to intervene, Bi, The motion for an extension of time and for leave to intervene of the applicant SENATE OF THE ITALIAN REPUBLIC is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length to be filed no later than April 10, 2000. Leave to present oral argument is denied. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs |
|
| 2000-03-24 | Submission of motion for leave to intervene, Bi | |
| 2000-03-23 | Reply to the motion for leave to intervene, from L. Waldman dated March 23/00 (by fax), Completed on: 2000-03-23 | The Senate of the Italian Republic |
| 2000-03-22 |
Response to the motion for leave to intervene, from Gowling, Strathy & Henderson dated March 22/00 re: Italian Republic's intervention , Completed on: 2000-03-22 |
Glen Sebastian Burns |
| 2000-03-21 | Response to the motion for leave to intervene, from R. Frater dated March 21/00 re: Italian Republic's intervention, Completed on: 2000-03-21 | Minister of Justice |
| 2000-03-20 | Response to the motion for leave to intervene, from M. Edwardh dated March 20/00 (by fax) re: Italian Republic's intervention, Completed on: 2000-03-20 | Atif Ahmad Rafay |
| 2000-03-17 | Correspondence (sent by the Court) to, S.D. Frankel (cc. all parties); re: respondent's factum on or before Apr. 10; any reply of the appellant on or before May 11; order of Nov. 9/98 as to time allocation remain in effect | |
| 2000-03-15 | Motion for leave to intervene, to file a factum and present oral submissions (joint with extension of time) (1 copy), Completed on: 2000-03-15 | The Senate of the Italian Republic |
| 2000-03-06 | Correspondence received from, S.D. Frankel dated March 1; re: dates for filing respondents' factum and appellant's reply, if any; time allocation | Minister of Justice |
| 2000-02-24 | Book of authorities, (Vol. I to III), Completed on: 2000-02-24 | Washington Association of Criminal Defence Lawyers |
| 2000-02-24 | Intervener's factum, (see Order dated Feb. 14/00), Completed on: 2000-02-24 | Washington Association of Criminal Defence Lawyers |
| 2000-02-14 | Order on motion for leave to intervene, by the Court | |
| 2000-02-14 |
Decision on the motion for leave to intervene, Bi, The motion for an extension of time and for leave to intervene of the applicant WASHINGTON ASSOCIATION OF CRIMINAL DEFENCE LAWYERS is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length to be filed no later than February 28, 2000. Leave to present oral argument is denied. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum. Pursuant to Rule 18(6), the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted, no order as to costs |
|
| 2000-02-10 | Submission of motion for leave to intervene, by Washington Association of Criminal Defence Lawyers, Bi | |
| 2000-02-10 | Notice of change of counsel, (Marlys Edwardh and Clayton Ruby) Ottawa Agent Shore, Davis | Atif Ahmad Rafay |
| 2000-02-10 | Response to the motion for leave to intervene, (Letter Form), letter dated Feb. 10/00 from Marlys Edwardh, Completed on: 2000-02-10 | Atif Ahmad Rafay |
| 2000-02-07 | Appeal perfected for hearing, Session beginning on 2000-04-10 | |
| 2000-02-04 | Reply to the motion for leave to intervene, (Letter Form), from Richard C.C. Peck, Q.C. dated Feb. 4/00 re: in response to Appellant's position also enclosing Draft Factum, Completed on: 2000-02-04 | Washington Association of Criminal Defence Lawyers |
| 2000-02-02 | Correspondence received from, M. Edwardh dated Feb. 2, 2000 (fax copy) re: Mr. Clayton Ruby's intention to represent A. Rafay | Atif Ahmad Rafay |
| 2000-02-01 | Response to the motion for leave to intervene, (Letter Form), from A. Wheeler, dated Jan. 12, 2000 (fax copy), Completed on: 2000-02-01 | Glen Sebastian Burns |
| 2000-02-01 | Notice of change of counsel, (Edward L. Greenspan, Q.C.) | Glen Sebastian Burns |
| 2000-01-19 | Correspondence received from, Mr. Rafay; re: unable to retain counsel as yet; impossible to proceed on March 17 | Atif Ahmad Rafay |
| 2000-01-19 | Appeal hearing scheduled, 2000-03-17 | |
| 2000-01-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2000-01-13 | Minister of Justice |
| 2000-01-11 | Response to the motion for leave to intervene, Completed on: 2000-01-11 | Atif Ahmad Rafay |
| 2000-01-11 | Correspondence received from, M. Klein (by fax); re: as of Jan. 7, no longer acting for Mr. Burns. Edward Greenspan, Q.C. is Mr. Burns' new counsel | Glen Sebastian Burns |
| 2000-01-07 | Motion for leave to intervene, 2 copies - book form (joint with extension of time), Completed on: 2000-01-07 | Washington Association of Criminal Defence Lawyers |
| 1999-12-30 | Correspondence received from, Mr. Rafay; re: Mr. Donaldson is longer acting as his lawyer | Atif Ahmad Rafay |
| 1999-12-22 | Correspondence (sent by the Court) to, S. D. Frankel, Q.C. (cc. all parties); re: supplemental factum to be filed 4 weeks prior to hearing date | |
| 1999-11-25 | Correspondence received from, D. Frankel dated Nov. 22, 1999 re: additional materials for the rehearing (counsel advised by phone on instructions from McLachlin J. that no addtional copies of factum or record are required, but supplementary facta would be accepted) | Minister of Justice |
| 1999-10-26 | Notice of deposit of judgment sent to all parties | |
| 1999-10-25 |
Judgment on the appeal rendered, Cory J. took no part in the judgment., CJ L'HD G Co McL Ia Ma Ba Bi, A re-hearing is ordered. Rehearing ordered, no order as to costs |
|
| 1999-09-20 | Correspondence received from, I. Donaldson dated Sept. 15/99 re: change of address and firm name | Atif Ahmad Rafay |
| 1999-08-27 | Correspondence received from, M. Klein dated Aug. 26/99 re: respondent Burns does not object Mr. Frankel's letter dated Aug. 11/99, sent to CJ L'HD G Co McL I Ma Ba Bi, Sept. 1/99 | Glen Sebastian Burns |
| 1999-08-23 | Correspondence received from, D. Frankel dated Aug. 11/99 re: recent pronouncements by the Board (wait for respondents' position before sending to the panel), sent to CJ L'HD G Co McL I Ma Ba Bi, Sept. 1/99 | Minister of Justice |
| 1999-05-31 | Correspondence received from, Gowling, Strathy dated May 31, 1999 re: respondents do not oppose Mr. Frankel's letter dated May 4, 1999, sent to CJ L'HD G Co McL I Ma Ba Bi, May 31/99 | Glen Sebastian Burns |
| 1999-05-07 | Correspondence received from, D. Frankel dated May 4, 1999 re: capital punishment (wait for respondent's position before sending to the panel), sent to CJ L'HD G Co McL I Ma Ba Bi, May 31/99 | Minister of Justice |
| 1999-03-31 | Transcript received, and distributed to the justice (128 pages) | |
| 1999-03-22 |
Hearing of the appeal, 1999-03-22, video #V030, V031, CJ L'HD G Co McL Ia Ma Ba Bi Judgment reserved |
|
| 1999-03-22 | General proceeding, (misc. documents given in Court at the hearing of the appeal) | Amnesty International, Canadian Section (English Speaking) |
| 1999-03-22 | Supplemental document, suppl. authorities given by the appellant at the hearing of the appeal | Minister of Justice |
| 1999-03-19 | Order on miscellaneous motion | |
| 1999-03-19 |
Decision on miscellaneous motion, to file a consolidation of the appellant's facta, Reg Granted, no order as to costs |
|
| 1999-03-19 | Submission of miscellaneous motion, Reg | |
| 1999-03-17 | Order on motion to extend time | |
| 1999-03-17 |
Decision on motion to extend time, Reg, to serve and file the book of authorities of the intervener Criminal Lawyers' Association to Mar.1/99, nunc pro tunc. Granted, no order as to costs |
|
| 1999-03-17 | Submission of motion to extend time, Reg | |
| 1999-03-16 | Response to motion to extend time, to file the intervener (Criminal Lawyers' Ass.)'s authorities to March 1, 1999, Completed on: 1999-03-16 | Minister of Justice |
| 1999-03-16 | Notice of miscellaneous motion, (to file a consolidation of the appellant's facta), Completed on: 1999-03-16 | Minister of Justice |
| 1999-03-16 | Supplemental factum, 24 copies of consolidation of appellant's facta, Completed on: 1999-03-16 | Minister of Justice |
| 1999-03-16 | Notice of appearance, of S. David Frankel, Q.C. at the hearing of the appeal | Minister of Justice |
| 1999-03-09 | Book of authorities, 9 copies of authorities "in spite of innocence" - book form, Completed on: 1999-03-09 | Criminal Lawyers' Association (Ontario) |
| 1999-03-09 | Motion to extend time, to file the intervener, Criminal Lawyers' Ass.'s authorities to March 1, 1999 - 1 copy, Completed on: 1999-03-09 | Criminal Lawyers' Association (Ontario) |
| 1999-03-09 | Appellant's book of authorities, re: appellant's reply to the interveners, Int. Centre for Human Rights and Criminal Lawyers Ass., Completed on: 1999-03-09 | Minister of Justice |
| 1999-03-09 | Reply factum on appeal, (see Binnie's order) re: reply to the interveners, Int. Centre for Human Rights and Criminal Lawyers Ass., Completed on: 1999-03-09 | Minister of Justice |
| 1999-03-03 |
Decision on motion to extend time, to serve and file the appellant's book of authorities to Feb. 26/99, Reg Granted, no order as to costs |
|
| 1999-03-02 | Submission of motion to extend time, Reg | |
| 1999-03-01 | Book of authorities, (extension of time requested), Completed on: 1999-03-01 | Criminal Lawyers' Association (Ontario) |
| 1999-02-24 | Motion to extend time, to serve and file their Book of Authorities Re: Reply Factum to Feb. 26/99, Completed on: 1999-02-24 | Minister of Justice |
| 1999-02-24 | Appellant's book of authorities, Re: Reply Factum of Amnesty International filed Nov. 30/98 as per Order dated Nov. 9/98, Completed on: 1999-02-24 | Minister of Justice |
| 1999-02-10 | Book of authorities, Completed on: 1999-02-10 | International Centre for Criminal Law & Human Rights |
| 1999-02-05 | Intervener's factum, Completed on: 1999-02-05 | Criminal Lawyers' Association (Ontario) |
| 1999-02-05 | Intervener's factum, Completed on: 1999-02-05 | International Centre for Criminal Law & Human Rights |
| 1999-01-29 |
Decision on the motion for leave to intervene, Bi, and extend time, by the Criminal Lawyers Association (ON). The applicant shall serve and file a factum not to exceed 20 pages to be filed within 7 days of this order and present oral argument limited to 15 minutes. Leave is granted to the appellant to file a reply if she sees fit to do so, not exceeding 10 pages within 30 days Granted, no order as to costs |
|
| 1999-01-29 |
Decision on the motion for leave to intervene, Bi, and extend time, by the International Centre for Criminal Law & Human Rights. The applicant shall serve and file a factum not to exceed 20 pages to be filed within 7 days of this order. Leave is granted to the appellant to file a reply not exceeding 10 pages within 30 days Granted, no order as to costs |
|
| 1999-01-28 | Submission of motion for leave to intervene, by I.C.C.L.H.R. (extension of time included), Bi | |
| 1999-01-28 | Submission of motion for leave to intervene, by C.L.A. (extension of time included), Bi | |
| 1999-01-27 | Reply to the motion for leave to intervene, (Letter Form), reply to the Appellant's response on motion by Int. Centre for Criminal Law & Human Rights (letter from B. Crane dated Jan. 27, 1999), Completed on: 1999-01-27 | International Centre for Criminal Law & Human Rights |
| 1999-01-22 | Reply to the motion for leave to intervene, (Letter Form), letter from Pinkofsky, Lockyer dated Jan. 22, 1999 (fax copy) in reply to the Min. of Justice's response to the motion to intervene by CLA, Completed on: 1999-01-22 | Criminal Lawyers' Association (Ontario) |
| 1999-01-20 | Response to the motion for leave to intervene, (Letter Form), by International Centre for Criminal Law (letter dated Jan. 20, 1999), Completed on: 1999-01-20 | Minister of Justice |
| 1999-01-20 | Response to the motion for leave to intervene, (Letter Form), by Criminal Lawyers' Ass. (letter dated Jan. 20, 1999(, Completed on: 1999-01-20 | Minister of Justice |
| 1999-01-18 | General proceeding, (documents in support of motion to intervene: draft memorandum of argument, Nat. Conference on wrongful convictions, the Death Penalty - red book) | Criminal Lawyers' Association (Ontario) |
| 1999-01-18 | Motion for leave to intervene, Completed on: 1999-01-18 | Criminal Lawyers' Association (Ontario) |
| 1999-01-11 | Order on motion to extend time, to serve and file the book of authorities of the intervener Amnesty International to Dec. 8/98, nunc pro tunc | |
| 1999-01-11 |
Decision on motion to extend time, to serve and file the book of authorities of the intervener Amnesty International to Dec. 8/98, nunc pro tunc, DeRg Granted, no order as to costs |
|
| 1999-01-11 | Submission of motion to extend time, DeRg | |
| 1999-01-11 | Notice of hearing, Session beginning on 1999-01-18 | Minister of Justice |
| 1999-01-08 | Response to motion to extend time, to serve and file Amnesty`s book of authorities, Completed on: 1999-01-08 | Minister of Justice |
| 1999-01-08 | Reply factum on appeal, (see order of CJ of Nov. 9/98), Completed on: 1999-01-08 | Minister of Justice |
| 1999-01-07 | Motion to extend time, (to file the intervener, Amnesty International's authorities to Dec. 8, 1998), Completed on: 1999-01-07 | Amnesty International, Canadian Section (English Speaking) |
| 1999-01-07 | Reply factum on appeal, (as per order on Nov. 9, 1998), Completed on: 1999-01-07 | Glen Sebastian Burns |
| 1999-01-06 | Response to the motion for leave to intervene, (Letter Form), (does not oppose to the intervention by ICCLHR), Completed on: 1999-01-06 | Glen Sebastian Burns |
| 1998-12-30 | Motion for leave to intervene, (joint with motion to extend the time) - 1 copy (also, attached a declaration of Robin M. Lofton-Kopponen and a draft factum), Completed on: 1998-12-30 | International Centre for Criminal Law & Human Rights |
| 1998-12-17 | Correspondence received from, from S.D. Frankel; re: reschedule from Jan. 28 to March 22, 1999 | Minister of Justice |
| 1998-12-08 | Book of authorities, Completed on: 1998-12-08 | Amnesty International, Canadian Section (English Speaking) |
| 1998-12-04 |
Appeal hearing scheduled, 1999-03-22 Judgment reserved |
|
| 1998-11-30 | Supplemental document, (appellant's supplemental authorities) | Minister of Justice |
| 1998-11-30 | Reply factum on appeal, as per order dated Nov. 9, 1998, Completed on: 1998-11-30 | Minister of Justice |
| 1998-11-09 | Correspondence received from, from I. Donaldson, Q.C. re: response to Appellant's letter dated Nov. 6/98 | Glen Sebastian Burns |
| 1998-11-09 | Order on motion to adjourn the hearing of the appeal, see file for order of CJ | |
| 1998-11-09 |
Decision on motion to adjourn the hearing of the appeal, CJ, to the Winter session is granted; the time for oral argument at the hearing of the appeal shall be allocated as follows: the appellant (90 minutes) the respondents (90 minutes); the appellant is authorized to file a factum replying to the facta of the respondents by no later than Nov. 30/98, to which the respondents are authorized to file a factum in reply by no later than Jan. 8/99; and the appellant is authorized to file a factum replying to the factum of the intervener, Amnesty International, by no later than Jan. 8/99 Granted, no order as to costs |
|
| 1998-11-09 | Submission of motion to adjourn the hearing of the appeal, 1998-11-09, CJ | |
| 1998-11-06 | Correspondence (sent by the Court) to, from S.R. Fainstein, Q.C. re: response to respondents' letter dated Nov. 5/98 | |
| 1998-11-06 | Correspondence (sent by the Court) to, from Gowling, Strathy & Henderson dated Nov. 5/98 re: do not oppose on condition | |
| 1998-11-04 | Book of authorities, (extension of time requested), Completed on: 1998-11-04 | Atif Ahmad Rafay |
| 1998-11-04 | Correspondence (sent by the Court) to, from D. Matas re: takes no position | |
| 1998-11-03 | Affidavit, of R. Frater (joint affidavit), with service | Minister of Justice |
| 1998-11-03 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Minister of Justice |
| 1998-11-03 | Motion to adjourn the hearing of the appeal, (to Winter term 1999) (joint with motion to file a reply and for additional time), with service, Completed on: 1998-11-03 | Minister of Justice |
| 1998-10-19 | Intervener's factum, (see order of Bi of Oct. 8/98), with service, Completed on: 1998-10-19 | Amnesty International, Canadian Section (English Speaking) |
| 1998-10-08 | General proceeding, REPLY to David Frankel's letter on leave to intervene | Amnesty International, Canadian Section (English Speaking) |
| 1998-10-08 |
Decision on motion to extend time, Bi Granted, no order as to costs |
|
| 1998-10-08 | Submission of motion to extend time, 1998-10-08, Bi | |
| 1998-10-08 |
Decision on the motion for leave to intervene, by Amnesty International. The factum is limited to 20 pages and oral argument to 15 minutes. The factum is to be served and file no later than Oct. 19/98, Bi Granted, no order as to costs |
|
| 1998-10-08 | Submission of motion for leave to intervene, 1998-10-08, by Amnesty International., Bi | |
| 1998-10-07 | Proof of service, of factum (service admitted Sept. 18 and 21/98) | |
| 1998-10-07 | Correspondence (sent by the Court) to, from D. Frankel, letter dated Oct. 6, 1998 (fax copy) re: response to the motion to intervene by Amnesty International | |
| 1998-10-02 | Response to the motion for leave to intervene, by Amnesty International (Gowling), Completed on: 1998-10-02 | Glen Sebastian Burns |
| 1998-09-30 | $50.00 filing fee for notice of motion, receipt no. 31266 | Amnesty International, Canadian Section (English Speaking) |
| 1998-09-30 | Motion to extend time, to file the motion to intervene, with service, Completed on: 1998-09-30 | Amnesty International, Canadian Section (English Speaking) |
| 1998-09-30 | Motion for leave to intervene, (joint with motion to extend the time), with service, Completed on: 1998-09-30 | Amnesty International, Canadian Section (English Speaking) |
| 1998-09-28 | Correspondence (sent by the Court) to, from R. Frater to A. Roland, letter dated Sept. 25, 1998 re: enclosing 24 copies of index and revised pages 4-8 of the appellant's factum (to be replaced) | |
| 1998-09-21 | Respondent's factum, (see order of September 4, 1998), Completed on: 1998-09-21 | Atif Ahmad Rafay |
| 1998-09-11 | Appeal hearing | |
| 1998-09-08 | Order on motion to extend time, to serve and file the factum of the respondent to Sept. 21/98 | |
| 1998-09-04 | Correspondence (sent by the Court) to, (by fax) from Ian Donaldson; re: Nov. 12 as the hearing date | |
| 1998-09-04 |
Decision on motion to extend time, to serve and file the factum to Sept 21/98, Ba Granted, no order as to costs |
|
| 1998-09-04 | Submission of motion to extend time, 1998-09-04, to serve and file the factum to Sept 21/98, Ba | |
| 1998-09-02 | $50.00 filing fee for notice of motion, to extend time receipt #31101 | Atif Ahmad Rafay |
| 1998-09-02 | Correspondence (sent by the Court) to, from D. Frankel to A. Roland, letter dated Sept. 2, 1998 (fax copy) re: response to the further extension of time (to October 2, 1998) filed by the Respondent, Rafay | |
| 1998-09-01 | Affidavit, to file the respondent's factum to Oct. 2, 1998 (I. Donaldson), with service | Atif Ahmad Rafay |
| 1998-09-01 | Motion to extend time, to file the respondent's factum to Oct. 2, 1998 ($50.00 requested), with service, Completed on: 1998-09-01 | Atif Ahmad Rafay |
| 1998-08-06 | Notice of hearing, With service | Minister of Justice |
| 1998-07-20 | Notice of change of counsel, to appoint Ian Donaldson, Q.C. in place of Patrick Beirne | Atif Ahmad Rafay |
| 1998-07-14 | Order on motion to extend time, to file his factum | |
| 1998-07-09 |
Decision on motion to extend time, to file their factum to Sept. 4, 98, Reg Granted, no order as to costs |
|
| 1998-07-09 | Submission of motion to extend time, 1998-07-09, to file their factum to Sept. 4, 98, Reg | |
| 1998-07-08 | Correspondence (sent by the Court) to, from Legal Aid addressed to Mr. Donaldson | |
| 1998-07-03 | Correspondence (sent by the Court) to, from R. Frater; re: not oppose to the extension of time to file Rafay's factum to Sept. 4\98 | |
| 1998-06-30 | Affidavit, to file the factum to Sept. 4\98; Ian Donaldson, with service | Atif Ahmad Rafay |
| 1998-06-30 | $50.00 filing fee for notice of motion, receipt #26129 | Atif Ahmad Rafay |
| 1998-06-30 | Motion to extend time, to file the factum to Sept. 4\98, with service, Completed on: 1998-06-30 | Atif Ahmad Rafay |
| 1998-06-01 | Correspondence (sent by the Court) to, from D. Frankel, letter dated May 26, 1998 re: intends to seek leave to file a reply to the respondent's factum | |
| 1998-05-21 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ | |
| 1998-05-21 |
Decision on motion to extend time, to file his factum on or before May 15/98, Reg Granted, no order as to costs |
|
| 1998-05-21 | Submission of motion to extend time, Reg | |
| 1998-05-21 |
Decision on motion to expedite the appeal, (for hearing in the Court's Spring 1998 session), CJ Dismissed, no order as to costs |
|
| 1998-05-21 | Order on motion to expedite the appeal, for Chief Justice's Order see file | |
| 1998-05-21 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ, to inscribe for the Spring Session. 1. The motion by the appellant inscribing the case for hearing in the Court's Spring Session is dismissed. 2. The respondent Rafay is directed to instruct counsel to make a motion on or before June 30/98 for an extension of time to file his factum. 3. The motion on behalf of the respondent Burns for an extension of time to file his factum on or before May 15/98 is granted Granted, no order as to costs |
|
| 1998-05-21 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1998-05-21, CJ | |
| 1998-05-21 | Submission of motion to expedite the appeal, 1998-05-21, CJ | |
| 1998-05-15 | Respondent's factum, 23 copies (back from corrections on May 19, 1998), Completed on: 1998-05-15 | Glen Sebastian Burns |
| 1998-05-07 | Motion to extend time, to file the respondent's factum to May 15, 1998 (AMENDED) (see motion filed on April 14, 1998), with service, Completed on: 1998-05-07 | Glen Sebastian Burns |
| 1998-04-27 | Appeal perfected for hearing, Session beginning on 2000-01-17 | |
| 1998-04-20 | Correspondence (sent by the Court) to, from A. Rafay, letter dated April 16, 1998 (hand writing - fax copy) re: withdrawal of his counsel, Mr. Beirne | |
| 1998-04-20 | Affidavit, of Michael Klein dated April 17, 1998 in response to the motion for a special date for hearing (fax copy) | Glen Sebastian Burns |
| 1998-04-20 | Proof of service, of the affidavit of M. Klein dated April 17, 1998 | |
| 1998-04-20 | Proof of service, of Mr. Rafay's letter dated April 16, 1998 | |
| 1998-04-14 | $50.00 filing fee for notice of motion, receipt #30429 | Glen Sebastian Burns |
| 1998-04-14 | Affidavit, to serve and file the factum to May 8\98; Michael Klein, with service | Glen Sebastian Burns |
| 1998-04-14 | Motion to extend time, to serve and file the factum to May 8\98 (SEE AMENDED MOTION FILED ON MAY 7, 1998), with service, Completed on: 1998-04-14 | Glen Sebastian Burns |
| 1998-03-31 | Affidavit, of David Frankel, with service | Minister of Justice |
| 1998-03-31 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Minister of Justice |
| 1998-03-31 | Motion to expedite the appeal, (for hearing in the Court's Spring 1998 session), with service, Completed on: 1998-03-31 | Minister of Justice |
| 1998-03-04 | Proof of service, of the appellant's record, factum and authorities | |
| 1998-03-02 | Appellant's factum, 24 copies, with service, Completed on: 1998-03-02 | Minister of Justice |
| 1998-03-02 | Book of authorities, 12 copies, with service, Completed on: 1998-03-02 | Minister of Justice |
| 1998-03-02 | Appellant's record, 24 copies, with service, Completed on: 1998-03-02 | Minister of Justice |
| 1998-02-12 | Appeal court record, (1 envelope) | |
| 1998-01-07 | Proof of service, of the notice of appeal | |
| 1997-12-19 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-12-19 | Correspondence (sent by the Court) to, sent to Bolton & Muldoon (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-12-19 | Correspondence (sent by the Court) to, sent to Patrick J. Beirne (Vancouver, BC) enclosing copy of Rule 32 | |
| 1997-12-12 | Notice of appeal, Completed on: 1997-12-12 | Minister of Justice |
| 1997-12-05 | Notice of deposit of judgment issued to all parties, all parties | |
| 1997-12-04 |
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 |
|
| 1997-11-07 | All materials on application for leave submitted to the Judges, CJ Co McL | |
| 1997-11-05 | Proof of service, of reply (admitted on Nov. 2\97) | |
| 1997-10-24 | Applicant's reply to respondent's argument, 5 copies, Completed on: 1997-10-24 | Minister of Justice |
| 1997-10-20 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1997-10-20 | Glen Sebastian Burns |
| 1997-09-29 | Proof of service, of the application for leave to appeal (service admitted on Sept. 19, 1997) | |
| 1997-09-25 | Correspondence received from, sent to Patrick J. Beirne (Vancouver, BC) enclosing copy of letter dated Sept. 25/97 sent to the Applicant | |
| 1997-09-25 | Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of letter dated Sept. 25/97 sent to the Applicant | |
| 1997-09-25 | Correspondence received from, sent to A.G. of Canada (Ottawa, ON) to acknowledge receipt of application for leave to appeal | |
| 1997-09-22 | Application for leave to appeal, 5 copies (missing service)(TO BE SENT WITH 26211), Completed on: 1997-09-29 | Minister of Justice |
| 1997-07-18 | $50.00 filing fee, receipt taken from Justice account | Minister of Justice |
| 1997-07-18 | Notice of application for leave to appeal, 1 copy, with service | Minister of Justice |
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 |
|---|---|---|
| Minister of Justice | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Burns, Glen Sebastian | Respondent | Active |
| Rafay, Atif Ahmad | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Amnesty International, Canadian Section (English Speaking) | Intervener | Active |
| International Centre for Criminal Law & Human Rights | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Washington Association of Criminal Defence Lawyers | Intervener | Active |
| The Senate of the Italian Republic | Intervener | Active |
Counsel
Party: Minister of Justice
Counsel
Names
S. David Frankel, Q.C.
Deborah J. Strachan
Deborah J. Strachan
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Burns, Glen Sebastian
Counsel
Names
Edward L. Greenspan, Q.C.
Michael Klein (first counsel)
Alison Wheeler
Michael Klein (first counsel)
Alison Wheeler
Contact information
Greenspan, Henein and White
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: egreenspan@144king.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Rafay, Atif Ahmad
Counsel
Names
Marlys A. Edwardh
Ian Donaldson, Q.C. (first counsel)
Clayton Ruby
Jill Copeland
A. Breese Davies
Ian Donaldson, Q.C. (first counsel)
Clayton Ruby
Jill Copeland
A. Breese Davies
Contact information
Ruby & Edwardh
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@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
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Amnesty International, Canadian Section (English Speaking)
Counsel
Names
David Matas
Irwin Cotler
William Schabas
Mark Hecht
Irwin Cotler
William Schabas
Mark Hecht
Contact information
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: International Centre for Criminal Law & Human Rights
Counsel
Name
Martin W. Mason
Contact information
Gowling WLG (Canada) LLP
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600-160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Criminal Lawyers' Association (Ontario)
Counsel
Names
James Lockyer
Michael Lomer
Michael Lomer
Contact information
Pinkofskys
510 - 481 University Avenue
Toronto, Ontario
M5G 2E9
Telephone: (416) 598-1811
FAX: (416) 598-3384
Email: lockyer@pinkofskylockyer.com
510 - 481 University Avenue
Toronto, Ontario
M5G 2E9
Telephone: (416) 598-1811
FAX: (416) 598-3384
Email: lockyer@pinkofskylockyer.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Washington Association of Criminal Defence Lawyers
Counsel
Names
Richard C.C. Peck, Q.C.
Nikos Harris
Nikos Harris
Contact information
Peck and Company
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: The Senate of the Italian Republic
Counsel
Name
Lorne Waldman
Contact information
Jackman, Waldman & Associates
281 Eglington Ave East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
281 Eglington Ave East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
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
February 2, 1996
Supreme Court of British Columbia
x
Supreme Court of British Columbia
x
Warrant of committal issued
June 30, 1997
Court of Appeal for British Columbia (Vancouver)
CA022183/CA022191
Court of Appeal for British Columbia (Vancouver)
CA022183/CA022191
Application for judicial review granted
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
Related links
Date modified: 2025-05-13