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26376

Her Majesty the Queen v. Jeromie Keith D. Proulx

(Manitoba) (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)
2000-04-03 Record returned to the Registrar of the Court of Appeal, + returned 1 padded envelope to Queen's Court
2000-02-09 Appeal closed
2000-02-09 Formal judgment sent to the registrar of the court of appeal and all parties
2000-02-09 Copy of formal judgment being prepared
2000-02-01 Notice of deposit of judgment sent to all parties
2000-01-31 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is allowed. The 18-month sentence of incarceration imposed by the trial judge is restoerd. Given that the respondent has already served the conditional sentence imposed by the Court of Appeal in its entirety, and that the Crown stated in oral argument that it was not seeking further punishment, the service of the sentence of incarceration is stayed. (Cory J. took no part in the judgment.)
Allowed, no order as to costs
1999-06-01 Transcript received, and distributed to the judges (34 pages)
1999-05-26 Order on motion to extend time
1999-05-25 Decision on motion to extend time, Reg, to serve & file the factum of the intervener A.G. - Ontario to Apr.26/99 & their book of authorities to May 10/99.
Granted, no order as to costs
1999-05-25 Submission of motion to extend time, by A.G. - Ontario, Reg
1999-05-25 Hearing of the appeal, 1999-05-25, video #V043, CJ L'HD G Co McL Ia Ma Ba Bi
Judgment reserved
1999-05-20 Notice of appearance, of Alexander Budlovsky and Jennifer Duncan at the hearing of the appeal Her Majesty the Queen
1999-05-19 Supplemental document, Updated Statistics (joint with 26462-339-329-377) Attorney General for Ontario
1999-05-18 Notice of appearance, of S. Ronald Fainstein, Q.C. at the hearing of the appeal Attorney General of Canada
1999-05-18 Notice of appearance, of S. Ronald Fainstein, Q.C. at the hearing of the appeal Attorney General of Canada
1999-05-12 Reply to the motion for leave to intervene, (Letter Form), letter (by fax) dated May 11/99 from Michael J. Neville, Completed on: 1999-05-12 Criminal Lawyers' Association
1999-05-12 Decision on the motion for leave to intervene, Ba, by the Criminal Lawyers' Association
Dismissed, no order as to costs
1999-05-12 Submission of motion for leave to intervene, by the Criminal Lawyers' Association, Ba
1999-05-11 Motion to extend time, (to file the factum to April 26, 1999 and authorities to May 10, 1999)(joint with 26462-26377-26329-26339), Completed on: 1999-05-11 Attorney General for Ontario
1999-05-11 Response to the motion for leave to intervene, (Letter Form), letter (by fax) dated May 10/99 from Matthew Britton re: opposes the intervention of the Criminal Lawyer's Association (joint with 26339-377), Completed on: 1999-05-11 Her Majesty the Queen
1999-05-10 Book of authorities, joint with 26462 - 26377 - 26329 - 26339, Completed on: 1999-05-10 Attorney General for Ontario
1999-05-05 Motion for leave to intervene, (joint with extension of time and 30 pages long) - 1 copy, Completed on: 1999-05-05 Criminal Lawyers' Association
1999-04-26 Response to motion to extend time, (to file the A.G. Canada's factum and authorities to April 9, 1999, 29 pages and 30 minutes of oral argument), Completed on: 1999-04-26 Jeromie Keith D. Proulx
1999-04-26 Intervener's factum, (joint with 26462-377-329-339)(extension of time requested), Completed on: 1999-04-26 Attorney General for Ontario
1999-04-22 Order on motion to extend time
1999-04-22 Decision on motion to extend time, Ba, by the intervener A.G. - Canada to serve & file its factum & book of authorities to Apr. 9/99, increase length of factum to 29 pages, increase length of oral argument to 30 minutes and leave to file and make reference to a report entitled "Conditional Sentence Orders by Province and Territory".
Granted, no order as to costs
1999-04-22 Submission of motion to extend time, Ba
1999-04-09 Motion to extend time, to file the intervener's factum and authorities to April 9/99 - and to have 30 minutes of oral argument - and to refer to a report entitled "Conditional Sentence Orders by Province and Territory", Completed on: 1999-04-09 Attorney General of Canada
1999-04-09 Book of authorities, (joint with 26329-26339-26377-26462), Completed on: 1999-04-09 Attorney General of Canada
1999-04-09 Intervener's factum, (joint with 26329-26339-26377-26462), Completed on: 1999-04-09 Attorney General of Canada
1999-03-19 Notice of hearing Her Majesty the Queen
1999-03-03 Appeal hearing scheduled, 1999-05-25
Judgment reserved
1998-11-26 Appeal perfected for hearing, Session beginning on 1999-04-19
1998-11-26 Respondent's book of authorities, Completed on: 1998-12-02 Jeromie Keith D. Proulx
1998-11-26 Respondent's factum, Completed on: 1998-11-26 Jeromie Keith D. Proulx
1998-11-13 Order on miscellaneous motion, for an order allowing the appellant to file the record notwithstanding the omission of marginal numbering
1998-11-12 Decision on miscellaneous motion, for an order allowing the appellant to file the record notwithstanding the omission of marginal numbering, Reg
Granted, no order as to costs
1998-11-12 Submission of miscellaneous motion, Reg
1998-11-05 $50.00 filing fee for notice of motion, receipt no. 31421 Her Majesty the Queen
1998-11-03 Trial court record, 1 padded envelope
1998-11-03 Affidavit, of M. Britton, with service Her Majesty the Queen
1998-11-03 Notice of miscellaneous motion, (for an order permitting the filing of the appellant's record without every 10th line number) ($50.00 requested), Completed on: 1998-11-05 Her Majesty the Queen
1998-10-21 Order on motion for leave to intervene
1998-10-21 Order on motion for leave to intervene
1998-10-21 Decision on the motion for leave to intervene, by the Attorney General of Canada to serve and file one factum not to exceed 25 pages in length and present oral argument not to exceed 15 min. in all 5 appeals, Ba
Granted, no order as to costs
1998-10-21 Submission of motion for leave to intervene, 1998-10-21, by the Attorney General of Canada, Ba
1998-10-21 Decision on the motion for leave to intervene, by the Attorney General of Ontario to serve and file one factum not to exceed 30 pages in length and present oral argument not to exceed 30 min. in all 5 appeals, Ba
Granted, no order as to costs
1998-10-21 Submission of motion for leave to intervene, 1998-10-21, by the Attorney General of Ontario, Ba
1998-10-13 Appeal court record, 1 env.
1998-10-02 Book of authorities, Completed on: 1998-10-02 Her Majesty the Queen
1998-10-02 Appellant's factum, Completed on: 1998-10-02 Her Majesty the Queen
1998-10-02 Response to the motion for leave to intervene, by A. G. Canada (Gowling)(joint with 26377-26339), Completed on: 1998-10-02 Her Majesty the Queen
1998-09-28 Affidavit, of Robert Frater, with service Attorney General of Canada
1998-09-28 Motion for leave to intervene, (joint with extension of time, 25 pages long and 15 minutes of oral argument) (joint with 26377- 26329-26339-26462), with service, Completed on: 1998-09-28 Attorney General of Canada
1998-09-11 Response to the motion for leave to intervene, by A. G. Ontario (consenting to 30 pages and 30 minutes) (Gowling, Strathy), Completed on: 1998-09-11 Her Majesty the Queen
1998-09-10 Appellant's record, 25 copies, Completed on: 1998-10-22 Her Majesty the Queen
1998-09-03 $50.00 filing fee for notice of motion, receipt no. 31113 Attorney General for Ontario
1998-09-03 Affidavit, of M. Bernstein - book form, with service Attorney General for Ontario
1998-09-03 Motion for leave to intervene, (joint with 30 pages and 30 minutes of oral argument) - 2 copies - book form, with service, Completed on: 1998-09-03 Attorney General for Ontario
1998-06-25 Proof of service, of the notice of appeal
1998-06-24 Correspondence (sent by the Court) to, sent to A.G. of Manitoba and Wolch Pinx Tapper Scurfield re: Rule 32
1998-06-17 Notice of appeal, Completed on: 1998-06-17 Her Majesty the Queen
1998-06-15 Order granting leave to appeal
1998-06-04 Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted.
Granted, no order as to costs
1998-06-04 Notice of deposit of judgment issued to all parties, all parties
1998-05-04 All materials on application for leave submitted to the Judges, CJ McL Ia
1998-05-04 Order on motion to extend the time to file and/or serve the leave application, (for Cory J.'s Order see file)
1998-05-04 Decision on motion to extend time to file and /or serve the leave application, to Dec. 16/97, Co
Granted, no order as to costs
1998-05-04 Submission of motion to extend time to file and/ or serve the leave application, 1998-05-04, to Dec. 16/97, Co
1998-04-30 Response to the motion to extend the time to file and / or serve the leave application, to Dec. 16, 1997 (H. Leonoff), Completed on: 1998-04-30 Jeromie Keith D. Proulx
1998-04-30 Affidavit, to Dec. 16, 1997 (M. Britton) Her Majesty the Queen
1998-04-30 $50.00 filing fee for a notice of motion, receipt no. 30532 Her Majesty the Queen
1998-04-30 Motion to extend the time to file and or serve the application for leave to appeal, to Dec. 16, 1997, Completed on: 1998-04-30 Her Majesty the Queen
1998-04-02 Order on motion to extend time, to file their reply
1998-03-27 Decision on motion to extend time, to file their reply to Mar. 4/98, Reg
Granted, no order as to costs
1998-03-27 Submission of motion to extend time, 1998-03-27, to file their reply to Mar. 4/98, Reg
1998-03-25 $50.00 filing fee for a notice of motion, receipt #30317 Her Majesty the Queen
1998-03-25 Response to motion to extend time, to serve and file the applicant's reply, Completed on: 1998-03-25 Jeromie Keith D. Proulx
1998-03-25 Affidavit, to serve and file the resply to March 4\98; Matthew Herbert Britton Her Majesty the Queen
1998-03-25 Motion to extend time, to serve and file the reply to March 4\98, Completed on: 1998-03-25 Her Majesty the Queen
1998-03-16 Proof of service, of reply
1998-03-04 Applicant's reply to respondent's argument, 5 copies (extension of time requested, Completed on: 1998-03-04 Jeromie Keith D. Proulx
1998-02-20 General proceeding, 6 copies of a decision of the Alberta Court of Appeal (Q. v. J. R. Brady) unreported (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) (joint with 26339-26377) Her Majesty the Queen
1998-02-09 Order on motion to extend time, to file their response
1998-02-04 Decision on motion to extend time, to file their response to Jan. 29/98, Reg
Granted, no order as to costs
1998-02-04 Submission of motion to extend time, 1998-02-04, to file their response to Jan. 29/98, Reg
1998-02-03 Response to motion to extend time, to file the response to Jan. 29/98 (Matthew Britton), Completed on: 1998-02-03 Her Majesty the Queen
1998-02-03 Affidavit, to file the respondent's response to Jan. 29, 1998 (Heather Leonoff), with service Jeromie Keith D. Proulx
1998-02-03 $50.00 filing fee for a notice of motion, receipt no. 30045 Jeromie Keith D. Proulx
1998-02-03 Motion to extend time, to file the respondent's response to Jan. 29, 1998, with service, Completed on: 1998-02-03 Jeromie Keith D. Proulx
1998-01-29 Respondent's response on the application for leave to appeal, 5 copies (EXTENSION OF TIME REQUESTED), Completed on: 1998-01-29 Jeromie Keith D. Proulx
1998-01-13 Correspondence received from, sent to Gowling and Wolch Pinx Tapper Scurfield re: receipt of application for leave to appeal
1997-12-19 Correspondence received from, from Henry Brown to A. Roland, letter dated Dec. 19, 1997 re: three applications filed on Dec. 17, 1997 deal with conditional sentencing (SEE FILES 26339-26377) Her Majesty the Queen
1997-12-16 Book of authorities, 5 copies, with service, Completed on: 1997-12-16 Her Majesty the Queen
1997-12-16 $50.00 filing fee, receipt no. 28329 Her Majesty the Queen
1997-12-16 Application for leave to appeal, 5 copies (extension of time requested on April 23, 1998), with service, Completed on: 1997-12-16 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Proulx, Jeromie Keith D. Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Matthew Britton
Attorney General of Manitoba
405 Broadway Ave
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-3193
FAX: (204) 945-1260
Agent
Henry S. Brown, Q.C.
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

Party: Proulx, Jeromie Keith D.

Counsel
Sandra L. Chapman
Killeen, Chapman, Garreck
1550 - 155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 987-2777
FAX: (204) 987-2774
Agent
Heather Perkins-McVey
Smith, Lyons
150 Metcalfe Street
Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 230-3988
FAX: (613) 230-7085

Party: Attorney General for Ontario

Counsel
Kenneth L. Campbell
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: kenneth.campbell@jus.gov.on.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Canada

Counsel
S. Ronald Fainstein, Q.C.
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412
Agent
Robert J. Frater
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

Summary

Keywords

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

June 5, 1997
Court of Queen’s Bench of Manitoba

CR 97-01-18212

Dangerous driving causing bodily harm and causing death

October 14, 1997
Court of Appeal of Manitoba

AR 97-30-03313

Appeal allowed;

Memorandums of argument on application for leave to appeal

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 filing 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

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Factums on appeal

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

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Webcasts

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Date modified: 2025-05-13