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.
26703
Marty Lorraine Morrisey v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2000-12-04 | Record returned to the Registrar of the Court of Appeal | |
| 2000-10-23 | Appeal closed | |
| 2000-10-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2000-10-04 | Copy of formal judgment being prepared | |
| 2000-10-02 | Notice of deposit of judgment sent to all parties | |
| 2000-09-29 |
Judgment on the appeal rendered, G McL Ia Ma Ba Bi Arb, The appeal is dismissed on the constitutional questions. The four-year minimum sentence for criminal negligence causing death while using a firearm does not constitute cruel and unusual punishment. The Court of Appeal's judgment is affirmed on this ground. However, the trial judge's order relating to pretrial custody is restored. The appellant is sentenced to three years' imprisonment for the offence under s. 220(a) of the Criminal Code, established after taking into account the five months' pre-trial custody. The constitutional questions are answered as follows: (1) Does s. 220(a) of the Criminal Code infringe the right in s. 12 of the Canadian Charter of Rights and Freedoms not to be subjected to any cruel and unusual treatment or punishment in that it establishes a minimum sentence of four years' imprisonment for the offence of criminal negligence causing death when a firearm is used in the commission of that offence? Answer: No. McLachlin and Arbour JJ. would answer no, but only for this offender in the particular circumstances of this case. (2) If the answer to the first question is yes, is the infringement demonstrably justified in a free and democratic society as a reasonable limit pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? Answer: Given the answer to the first constitutional question, it is unnecessary to answer this question. Dismissed, no order as to costs |
|
| 1999-12-23 | Transcript received, and distributed to the justices (55 pages) | |
| 1999-12-09 |
Hearing of the appeal, 1999-12-09, G McL Ia Ma Ba Bi Arb Judgment reserved |
|
| 1999-12-07 | Correspondence received from, Burke-Robertson dated Dec. 7/99 re: enclosing letter from A.G. of British Columbia and a decision from the Supreme Court of B.C. (sent to panel Dec. 8/99) | Attorney General of British Columbia |
| 1999-12-06 | Notice of appearance, of Geoffrey Gaul | Attorney General of British Columbia |
| 1999-12-01 | Notice of appearance, (fax copy) | Attorney General of Canada |
| 1999-11-30 | Notice of appearance, (fax copy) | Attorney General for Ontario |
| 1999-11-26 | Order on motion to extend time | |
| 1999-11-26 |
Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener Attorney General of Manitoba to Nov. 16/99, nunc pro tunc. Granted, no order as to costs |
|
| 1999-11-26 | Submission of motion to extend time, Reg | |
| 1999-11-24 | Response to motion to extend time, (Letter Form), from S. Grace dated Nov. 23, 1999 (fax copy), Completed on: 1999-11-24 | Her Majesty the Queen |
| 1999-11-22 | Notice of withdrawal | Attorney General for Saskatchewan |
| 1999-11-17 | Motion to extend time, to file their factum to Nov. 16, 1999 - 2 copies (served copy received Nov. 18/99), Completed on: 1999-11-18 | Attorney General of Manitoba |
| 1999-11-16 | Book of authorities, 11 copies (extension of time requested), Completed on: 1999-11-16 | Attorney General of Manitoba |
| 1999-11-16 | Intervener's factum, 23 copies (extension of time requested), Completed on: 1999-11-30 | Attorney General of Manitoba |
| 1999-11-01 |
Decision on motion to extend time, Reg, to serve & file the book of authorities of the intervener Attorney General of Ontario to Oct. 20/99. Granted, no order as to costs |
|
| 1999-11-01 | Submission of motion to extend time, Reg | |
| 1999-10-22 | Response to motion to extend time, from S.J. Grace dated Oct. 22/99 (by fax) to A.G. Ontario's motion to file Authorities (original rec. Oct. 29/99), Completed on: 1999-10-22 | Her Majesty the Queen |
| 1999-10-21 | Motion to extend time, (Letter Form), to serve and file their Authorities to Oct. 20/99, Completed on: 1999-10-21 | Attorney General for Ontario |
| 1999-10-20 | Book of authorities, Completed on: 1999-10-20 | Attorney General for Ontario |
| 1999-10-20 | Order on motion to extend time | |
| 1999-10-14 |
Decision on motion to extend time, Reg, to serve & file the factum of the intervener A.G. - Ontario to Oct. 6/99. Granted, no order as to costs |
|
| 1999-10-14 | Submission of motion to extend time, Reg | |
| 1999-10-06 | Motion to extend time, (Letter Form), to file their Factum to Oct. 6/99, Completed on: 1999-10-06 | Attorney General for Ontario |
| 1999-10-06 | Intervener's factum, Completed on: 1999-10-06 | Attorney General for Ontario |
| 1999-09-20 |
Appeal hearing scheduled, 1999-12-09 Judgment reserved |
|
| 1999-07-13 | Order on motion to extend time | |
| 1999-07-08 |
Decision on motion to extend time, DeRg, to serve & file the factum of the intervener Attorney General of Canada to June 25/99. Granted, no order as to costs |
|
| 1999-07-08 | Submission of motion to extend time, DeRg | |
| 1999-06-29 | Response to motion to extend time, (Letter Form), letter by fax from Malcolm S. Jeffcock dated June 29/99 re: has no objection to the extension to A.G. Canada, Completed on: 1999-06-29 | Marty Lorraine Morrisey |
| 1999-06-25 | Motion to extend time, to file the factum and authorities to June 25, 1999, Completed on: 1999-06-25 | Attorney General of Canada |
| 1999-06-25 | Book of authorities, Completed on: 1999-06-25 | Attorney General of Canada |
| 1999-06-25 | Intervener's factum, Completed on: 1999-06-25 | Attorney General of Canada |
| 1999-06-02 | Correspondence received from, Beament, Green; re: that the appeal be scheduled for November or December 1999 | Her Majesty the Queen |
| 1999-05-28 | Book of authorities, (13 copies), Completed on: 1999-05-31 | Attorney General of British Columbia |
| 1999-05-28 | Intervener's factum, (25 copies), Completed on: 1999-05-28 | Attorney General of British Columbia |
| 1999-05-05 | Respondent's book of authorities, Completed on: 1999-05-05 | Her Majesty the Queen |
| 1999-04-28 | Appeal court record, 1 accordion file | |
| 1999-04-28 | Respondent's factum, Completed on: 1999-04-28 | Her Majesty the Queen |
| 1999-04-27 | Appeal perfected for hearing, Session beginning on 1999-10-04 | |
| 1999-04-22 | Correspondence received from, M. Jeffcock to Registrar of the Court of Appeal dated April 22, 1999 (fax copy) re: requesting that the Court of Appeal Book be forward to the S.C. | Marty Lorraine Morrisey |
| 1999-03-12 | Order on miscellaneous motion | |
| 1999-03-12 |
Decision on miscellaneous motion, Reg, to accept respondent's record as printed Granted, no order as to costs |
|
| 1999-03-12 | Submission of miscellaneous motion, to accept respondent's record as printed, Reg | |
| 1999-03-04 | Notice of miscellaneous motion, to accept the Respondent's Record facing up on the right rather than on the left, Completed on: 1999-03-04 | Her Majesty the Queen |
| 1999-03-03 | Appellant's book of authorities, Completed on: 1999-03-03 | Marty Lorraine Morrisey |
| 1999-03-02 | Appellant's factum, Completed on: 1999-03-02 | Marty Lorraine Morrisey |
| 1999-03-01 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 1999-02-19 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 1999-02-18 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1999-02-17 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1999-02-12 |
Respondent's record, (motion to accept in its present form namely on the right requested)(Part IV: Certificate of Counsel requested and received March 5/99), Completed on: 1999-02-12 |
Her Majesty the Queen |
| 1999-02-03 | Notice of constitutional question(s) | Marty Lorraine Morrisey |
| 1999-02-03 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 1999-01-28 | Order on motion to state a constitutional question | |
| 1999-01-26 |
Decision on the motion to state a constitutional question, the motion by the appellant for an order stating constitutional questions is granted (for questions see file). Notices of intention to intervene are to be filed no later than March 2/99, CJ, (saved in long judgment) Granted, no order as to costs |
|
| 1999-01-19 | Response to the motion to state a constitutional question, (Letter Form), (fax copy), Completed on: 1999-01-19 | Marty Lorraine Morrisey |
| 1999-01-05 | Submission of motion to state a constitutional question, CJ | |
| 1998-12-29 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 1998-12-29 | Her Majesty the Queen |
| 1998-12-17 | Appellant's record, (vol. 1 and 2), Completed on: 1998-12-17 | Marty Lorraine Morrisey |
| 1998-12-17 | Motion to state a constitutional question, Completed on: 1998-12-17 | Marty Lorraine Morrisey |
| 1998-11-23 | Correspondence received from, M. Jeffcock to CJ, letter dated Nov. 23, 1998 (fax copy) re: constitutional questions (original received on Nov. 26, 1998) | Marty Lorraine Morrisey |
| 1998-11-06 | Correspondence (sent by the Court) to, sent to A.G. of N.S. and Nova Scotia Legal Aid, enclosing copy of Rule 32 | |
| 1998-11-02 | Notice of appeal, Completed on: 1998-11-02 | Marty Lorraine Morrisey |
| 1998-10-13 | Order granting leave to appeal | |
| 1998-10-09 | Notice of deposit of judgment issued to all parties, all parties | |
| 1998-10-08 |
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 |
|
| 1998-07-27 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1998-06-24 | Correspondence received from, from M.S. Jeffcock; re: T.C. Order (TO BE DISTRIBUTED) | Marty Lorraine Morrisey |
| 1998-06-24 | General proceeding, 5 copies of C.A. Order (TO BE DISTRIBUTED) | Marty Lorraine Morrisey |
| 1998-06-24 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-06-24 | Her Majesty the Queen |
| 1998-06-16 | Correspondence received from, sent to Burke-Robertson and Beament Green Dust re: receipt of application for leave to appeal | |
| 1998-05-25 | $50.00 filing fee, receipt #30659 | Marty Lorraine Morrisey |
| 1998-05-25 | Application for leave to appeal, 5 copies (missing T.C. and C.A. Order), with service, Completed on: 1998-06-24 | Marty Lorraine Morrisey |
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 |
|---|---|---|
| Morrisey, Marty Lorraine | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Morrisey, Marty Lorraine
Counsel
537 Prince Street
Truro, Nova Scotia
B2N 1E8
Telephone: (902) 893-5920
FAX: (902) 893-6112
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen
Counsel
Denise C. Smith
Maritime Centre, Suite 1225
1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6794
FAX: (902) 424-0653
Agent
47 Clarence St
Suite 204
Ottawa, Ontario
K1N 9K1
Telephone: (613) 241-3400
FAX: (613) 241-8555
Party: Attorney General for Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4587
FAX: (416) 326-4656
Email: david.finley@ontario.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 Manitoba
Counsel
1205 - 405 Broadway Ave
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 229-0679
FAX: (204) 945-0053
Email: Deborah.Carlson@gov.mb.ca
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: Attorney General of British Columbia
Counsel
Geoffrey R. Gaul
1001 Douglas St
9th Floor
Victoria, British Columbia
V8V 1X4
Telephone: (250) 387-3840
FAX: (250) 387-0090
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
Gordon S. Campbell
Ted K. Tax
234 Wellington Street
East Tower, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@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
Supreme Court of Nova Scotia, Trial Division
06774
Conviction: criminal negligence causing death; unlawfully pointing a firearm
Nova Scotia Court of Appeal
141429
Sentence appeal allowed
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