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.
26462
Her Majesty the Queen v. R.N.S.
(British Columbia) (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) |
|---|---|---|
| 2000-02-09 | 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 nine-month sentence of incarceration imposed by the trial judge is restored. Given the fact that the responsent has already served his conditional sentence in its entirety, and that the Crown is not seeking any further punishment, the service of the sentence of incarceration is stayed. The probation order should remain in force. (Cory J. took no part in the judgment.) Allowed, no order as to costs |
|
| 1999-06-18 | Transcript received, 44 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 | |
| 1999-05-19 | Supplemental document, Updated Statistics (joint with 26376-377-329-339) | Attorney General for Ontario |
| 1999-05-18 | Supplemental document, Apellant's Authorities | Her Majesty the Queen |
| 1999-05-17 | Response to motion to extend time, (Letter Form), (from V. Jennifer MacKinnon), Completed on: 1999-05-17 | Her Majesty the Queen |
| 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 | Response to the motion for leave to intervene, (Letter Form), letter (by fax) dated May 7/99 from Alexander Budlovsky re: opposes the intervention of the Criminal Lawyer's Association, Completed on: 1999-05-11 | Her Majesty the Queen |
| 1999-05-11 | Motion to extend time, (to file the factum to April 26, 1999 and authorities to May 10, 1999) (joint with 26377-26329-26339-26376), Completed on: 1999-05-11 | Attorney General for Ontario |
| 1999-05-10 | Book of authorities, joint with 26377 - 26329 - 26339 - 26376, 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 | Intervener's factum, (joint with 26377-26329-26339-26376)(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 | |
| 1999-04-15 | Response to motion to extend time, (joint with response to the misc. motion)(fax copy), Completed on: 1999-04-15 | R.N.S. |
| 1999-04-14 | Response to motion to extend time, Completed on: 1999-04-14 | Her Majesty the Queen |
| 1999-04-09 | Motion to extend time, to file the intervener's factum and authorities to April 9/99 - and to have 30 minutes for oral argument - and to refer to a report entitled "Conditional Sentence Orders by Province and Territories, Completed on: 1999-04-09 | Attorney General of Canada |
| 1999-04-09 | Book of authorities, (joint with 26329-26339-26376-26377), Completed on: 1999-04-09 | Attorney General of Canada |
| 1999-04-09 | Intervener's factum, (joint with 26329-26339-26376-26377), Completed on: 1999-04-09 | Attorney General of Canada |
| 1999-03-03 |
Appeal hearing scheduled, 1999-05-26 Judgment reserved |
|
| 1999-01-18 | Appeal perfected for hearing, Session beginning on 1999-04-19 | |
| 1999-01-18 | Respondent's factum, Completed on: 1999-01-18 | R.N.S. |
| 1998-12-14 | Order on motion to extend time, to serve and file the appellant's factum to Nov. 24/98, and its book of authorities to Nov. 26/98 | |
| 1998-12-04 |
Decision on motion to extend time, to serve and file the appellant's factum to Nov. 24/98, and its book of authorities to Nov. 26/98, Reg Granted, no order as to costs |
|
| 1998-12-04 | Submission of motion to extend time, Reg | |
| 1998-11-26 | Motion to extend time, to serve and file their Factum to Nov. 24/98 and Authorities to Nov. 26/98, Completed on: 1998-11-26 | Her Majesty the Queen |
| 1998-11-26 | Appellant's book of authorities, Completed on: 1998-11-26 | Her Majesty the Queen |
| 1998-11-24 | Appellant's factum, (extension of time requested), Completed on: 1998-11-24 | Her Majesty the Queen |
| 1998-11-03 | Proof of service, of the appellant's record | |
| 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 | |
| 1998-10-07 | Response to the motion for leave to intervene, by A. G. Canada (Burke-Robertson), Completed on: 1998-10-07 | Her Majesty the Queen |
| 1998-10-01 | Correspondence (sent by the Court) to, from Bruce, Ralston, letter Sept. 30, 1998 (fax copy) re: has no objection to the motion to intervene by A. G. Canada | |
| 1998-09-28 | Appellant's record, Completed on: 1998-09-28 | 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- 26329-26376-26339), with service, Completed on: 1998-09-28 | Attorney General of Canada |
| 1998-09-22 | General proceeding, response opposing the motion to intervene by the A.G. of Ontario (letterform) | R.N.S. |
| 1998-09-09 | Response to the motion for leave to intervene, by A. G. Ontario (A. Budlovsky) (fax copy), Completed on: 1998-09-09 | Her Majesty the Queen |
| 1998-09-08 | Proof of service, of the motion for leave to intervene | |
| 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 |
| 1998-06-12 | Order granting leave to appeal | |
| 1998-06-10 | Correspondence (sent by the Court) to, sent to A.G. of British Columbia and Bruce H. Ralston re: Rule 32 | |
| 1998-06-05 | Notice of appeal, Completed on: 1998-06-05 | Her Majesty the Queen |
| 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 | |
| 1998-05-11 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1998-03-04 | Proof of service, of response (admitted on March 4\98) | |
| 1998-03-03 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1998-03-03 | R.N.S. |
| 1998-02-26 | Correspondence received from, sent to Burke-Robertson and Bruce H. Ralston re: receipt of material commencing a proceeding together with filin fee | |
| 1998-02-03 | $50.00 filing fee, receipt #30044 | Her Majesty the Queen |
| 1998-02-03 | Application for leave to appeal, 5 copies, with service, Completed on: 1998-02-03 | 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.N.S. | 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
6th Floor
865 Hornby
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: alexander.budlovsky@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: R.N.S.
Counsel
Surrey, British Columbia
V6B 1R8
Telephone: (604) 581-0807
FAX: (604) 581-0809
Agent
604 - 225 Metcalfe St.
Ottawa, Ontario
K2P 1P9
Telephone: (613) 563-1131
FAX: (613) 230-8297
Party: Attorney General for Ontario
Counsel
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 St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
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.
None.
Lower court rulings
Provincial Court of British Columbia
x
Conviction: sexual assault; invitation to sexual touching Sentence: nine months
Court of Appeal for British Columbia (Vancouver)
CA022211
Sentence appeal allowed; nine month conditional sentence substituted
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