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.
26377
Her Majesty the Queen v. R.A.R.
(Manitoba) (Criminal) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2000-04-03 | Record returned to the Registrar of the Court of Appeal, Notice sent to Court of Queen's Bench | |
| 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, Lamer C.J. and Iacobucci J. dissenting. The six-month conditional sentence imposed by the Court of Appeal for the sexual assault is set aside. The one-year sentence of incarceration imposed by the trial judge is restored, to be followed by a three-month conditional sentence for the common assaults and three years' probation imposed by the trial judge for the sexual assault. (Cory J. took no part in the judgment.) Allowed, no order as to costs |
|
| 1999-06-18 | Transcript received, 43 pages | |
| 1999-05-26 |
Hearing of the appeal, 1999-05-26, CJ L'HD G Co McL Ia Ma Ba Bi Judgment reserved |
|
| 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 | Respondent's condensed book | R.A.R. |
| 1999-05-19 | Supplemental document, Updated Statistics (joint with 26462-376-329-339) | Attorney General for Ontario |
| 1999-05-19 | Supplemental document, Respondent's Authorities | R.A.R. |
| 1999-05-18 | Notice of appearance, of S. Ronald Fainstein, Q.C. at the hearing of the appeal | Attorney General of Canada |
| 1999-05-17 | Notice of appearance, of James E. McLandress at the hearing of the appeal | R.A.R. |
| 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 26462-26329-26339-26376), 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 26339-376), Completed on: 1999-05-11 | Her Majesty the Queen |
| 1999-05-10 | Book of authorities, joint with 26462 - 26329 - 26339 - 26376, Completed on: 1999-05-10 | Attorney General for Ontario |
| 1999-05-06 | Response to the motion for leave to intervene, (Letter Form), (fax letter from James E. McLandress dated May 6/99) supporting the intervention of the Criminal Lawyers Association (Ontario), Completed on: 1999-05-06 | R.A.R. |
| 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 | Intervener's factum, (joint with 26462-26329-26339-26376)(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 26329-26339-26376-26462), Completed on: 1999-04-09 | Attorney General of Canada |
| 1999-04-09 | Intervener's factum, (joint with 26329-26339-26376-26462), 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, 1999-05-26 Judgment reserved |
|
| 1998-12-02 | Appeal perfected for hearing, Session beginning on 1999-04-19 | |
| 1998-12-02 | Respondent's factum, Completed on: 1998-12-02 | R.A.R. |
| 1998-11-06 | Order on miscellaneous motion, to file the appellant`s record notwithstanding the omission of marginal numbering | |
| 1998-11-06 |
Decision on miscellaneous motion, to file the appellant`s record notwithstanding the omission of marginal numbering, Reg Granted, no order as to costs |
|
| 1998-11-06 | Submission of miscellaneous motion, 1998-11-06, to file the appellant`s record notwithstanding the omission of marginal numbering, Reg | |
| 1998-10-27 | Affidavit, of M. Britton | Her Majesty the Queen |
| 1998-10-27 | $50.00 filing fee for notice of motion, receipt no. 31375 | Her Majesty the Queen |
| 1998-10-27 | Notice of miscellaneous motion, (to file the appellant's record without left margin), with service, Completed on: 1998-10-27 | 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 | |
| 1998-10-02 | Book of authorities, Completed on: 1998-10-22 | 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 26376-26339), Completed on: 1998-10-02 | Her Majesty the Queen |
| 1998-09-28 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Attorney General of Canada |
| 1998-09-28 | Affidavit, of Robert Frater (joint), 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 26329- 26376-26339-26462), with service, Completed on: 1998-09-28 | Attorney General of Canada |
| 1998-09-23 | Trial court record, 1 small box (to be sent back to Portage la Prairie ) | |
| 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 |
| 1998-09-08 | Appellant's record, 24 copies (motion to accept requested re: marginal numbering), 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 Taylor McCaffrey 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 | |
| 1998-04-28 | General proceeding, 1 copy of non-publication order (fax copy) | |
| 1998-03-27 | Proof of service, of the applicant's reply | |
| 1998-03-19 | $50.00 filing fee for a notice of motion, receipt #30279 | R.A.R. |
| 1998-03-10 | Applicant's reply to respondent's argument, 5 copies, Completed on: 1998-03-10 | Her Majesty the Queen |
| 1998-03-04 | Response to motion to extend time, to file the respondent's response, Completed on: 1998-03-04 | Her Majesty the Queen |
| 1998-03-04 | Affidavit, to file the response; James E. McLandress, with service | R.A.R. |
| 1998-03-04 | Motion to extend time, to file the response, with service, Completed on: 1998-03-04 | R.A.R. |
| 1998-03-04 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-03-04 | R.A.R. |
| 1998-03-04 |
Decision on motion to extend time, to file their response to Mar. 4/98, DeRg Granted, no order as to costs |
|
| 1998-03-04 | Submission of motion to extend time, 1998-03-04, to file their response to Mar. 4/98, DeRg | |
| 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 26339-26376) | Her Majesty the Queen |
| 1998-01-13 | Correspondence received from, sent to Gowling and Taylor McCaffrey 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 26339-26376) | Her Majesty the Queen |
| 1997-12-16 | Book of authorities, 5 copies, 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 (service missing), Completed on: 1998-03-04 | 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 |
|---|---|---|
| R.A.R. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
405 Broadway Ave
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-3193
FAX: (204) 945-1260
Agent
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: R.A.R.
Counsel
400 St. Mary Avenue
9th Floor
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 988-0404
FAX: (204) 957-0945
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca
Party: Attorney General for Ontario
Counsel
Gregory J. Tweney
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
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
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412
Agent
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.
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Lower court rulings
Court of Queen’s Bench of Manitoba
94-03-0028
Conviction: sexual assault, assault (twocounts)
Court of Appeal of Manitoba
AR 96-30-02813
Sentence appeal allowed; imprisonment ofnine months to be served in community
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