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26805

F.N. v. Her Majesty the Queen, et al.

(Newfoundland & Labrador) (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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2000-09-26 Appeal closed
2000-09-26 Formal judgment sent to the registrar of the court of appeal and all parties
2000-09-26 Copy of formal judgment being prepared
2000-09-13 Record returned to the Registrar of the Court of Appeal
2000-07-27 Notice of deposit of judgment sent to all parties
2000-07-20 Judgment on the appeal rendered, L'HD G McL Ia Ba Bi Arb, The appeal is allowed with costs here and in the courts below, the order of the Court of Appeal is set aside, and a prohibition will issue against continuation of the present practice of the Youth Court of St.John's to distribute the docket to both school boards in the St.John's area.
Allowed, costs in this Court and courts below
1999-11-10 Transcript received, 63 pages
1999-11-03 Hearing of the appeal, 1999-11-03, L'HD G McL Ia Ba Bi Arb
Judgment reserved
1999-10-29 Decision on motion to extend time, Reg, to serve & file the respondent Crown's factum to Aug. 26/99.
Granted, no order as to costs
1999-10-29 Submission of motion to extend time, Reg
1999-10-28 Notice of appearance, (fax copy) Canadian Foundation for Children, Youth and the Law
1999-10-27 Response to motion to extend time, Completed on: 1999-10-27 F.N.
1999-10-27 Motion to extend time, (to file the respondent factum and authorities to Aug. 26, 1999) - 1 copy, Completed on: 1999-10-27 Her Majesty the Queen
1999-10-27 Notice of appearance F.N.
1999-10-26 Notice of appearance, Bernard Coffey (fax copy) Her Majesty the Queen
1999-09-28 Book of authorities, Completed on: 1999-09-28 Canadian Foundation for Children, Youth and the Law
1999-09-28 Intervener's factum, Completed on: 1999-09-28 Canadian Foundation for Children, Youth and the Law
1999-08-30 Appeal hearing scheduled, 1999-11-03
Judgment reserved
1999-08-26 Respondent's book of authorities, (extension of time requested), Completed on: 1999-08-26 Her Majesty the Queen
1999-08-26 Respondent's factum, (extension of time requested), Completed on: 1999-08-26 Her Majesty the Queen
1999-07-07 Appeal perfected for hearing, Session beginning on 1999-10-04
1999-07-07 Respondent's book of authorities, Completed on: 1999-07-07 Roman Catholic School Board for St.John's
1999-07-07 Respondent's record, Completed on: 1999-07-07 Roman Catholic School Board for St.John's
1999-07-07 Respondent's factum, Completed on: 1999-07-07 Roman Catholic School Board for St.John's
1999-05-19 Appeal court record, 1 box (joint with Trial record)
1999-05-19 Trial court record, 1 box (joint with C/A record)
1999-05-13 Appellant's book of authorities, (service missing received May 20/99, Completed on: 1999-05-20 F.N.
1999-05-13 Appellant's record, (service missing received May 20/99), Completed on: 1999-05-20 F.N.
1999-05-13 Appellant's factum, service missing received May 20/99, Completed on: 1999-05-20 F.N.
1999-05-10 Order on motion for leave to intervene, (by the Court)
1999-05-10 Decision on the motion for leave to intervene, Co, by the Canadian Foundation for Children, Youth and the Law. The factum is limited to 20 pages & oral argument to 10 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum & oral submissions. 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
1999-05-06 Submission of motion for leave to intervene, Co
1999-03-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 1999-03-15 Her Majesty the Queen
1999-03-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 1999-03-15 F.N.
1999-03-15 Motion for leave to intervene, 2 copies, Completed on: 1999-03-15 Canadian Foundation for Children, Youth and the Law
1999-02-02 Letter acknowledging receipt of notice of appeal
1999-01-13 Notice of appeal, Completed on: 1999-01-13 F.N.
1998-12-22 Notice of deposit of judgment issued to all parties
1998-12-17 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
1998-11-09 All materials on application for leave submitted to the Judges, CJ McL Ia
1998-10-06 Decision on motion to extend time, to serve and file the second and third respondents response to Oct. 15/98, nunc pro tunc, Reg
Granted, no order as to costs
1998-10-06 Hearing of motion to extend time, 1998-10-06, to serve and file the second and third respondents response to Oct. 15/98, nunc pro tunc, Reg
1998-10-06 Submission of motion to extend time, 1998-10-06, to serve and file the second and third respondents response to Oct. 15/98, nunc pro tunc, Reg
1998-10-01 $50.00 filing fee for a notice of motion, receipt no. 31277 Roman Catholic School Board for St.John's
1998-10-01 Affidavit, to file the response to Oct. 15, 1998 (R. Zdebiak) Roman Catholic School Board for St.John's
1998-10-01 Motion to extend time, to file the response to Oct. 15, 1998 (joint with Third respondent), Completed on: 1998-10-01 Roman Catholic School Board for St.John's
1998-09-23 Respondent's response on the application for leave to appeal, (Joint with R03)(extension of time requested), Completed on: 1998-09-23 Roman Catholic School Board for St.John's
1998-09-15 General proceeding, (no formal orders of T.C. have been issued wait for letter) - as per phone conversation F.N.
1998-09-15 General proceeding, 5 copies of CA Order (to be sent with Leave Application) F.N.
1998-09-15 Correspondence received from, 5 copies from the Assistant Deputy Registrar re: no TC order was filed in this matter (to be sent with Leave Application)
1998-09-14 Respondent's response on the application for leave to appeal, from C. Flynn to Registrar, letter dated Sept. 14, 1998 (fax copy) re: will not be filing a response but will adopt the position taken by the second respondent (to be sent with the application for leave to appeal), Completed on: 1998-09-14 Her Majesty the Queen
1998-09-01 Correspondence received from, sent to Steward, McKelvey, Stirling & Scales enclosed copy of letter dated Sept. 01/98 sent to applicant
1998-09-01 Correspondence received from, sent to Attorney General of Newfoundland enclosing copy of letter dated Sept. 01/98 sent to applicant
1998-09-01 Correspondence received from, sent to South Ottawa Community Legal Services to acknowledge receipt of material (incomplete) commencing a proceeding
1998-08-13 $50.00 filing fee, receipt #30957 F.N.
1998-08-13 Application for leave to appeal, 5 copies (missing TC and CA Orders), with service, Completed on: 1998-09-15 F.N.

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
F.N. Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Roman Catholic School Board for St.John's Respondent Active
Avalon Consolidated School Board Respondent Active

Other parties

Other parties
Name Role Status
Canadian Foundation for Children, Youth and the Law Intervener Active

Counsel

Party: F.N.

Counsel
Joan Dawson
2 Steers Cove
4th Fl Cormack Bldg
St.John's, Newfoundland & Labrador
A1C 5J9
Telephone: (709) 753-7860
FAX: (709) 753-6226
Agent
Chantal Tie
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401

Party: Her Majesty the Queen

Counsel
Bernard Coffey
Bernard Coffey, Q.C.
Attorney General of Newfoundland and Labrador
Atlantic Place, 4th Floor
Water Street
St. John's, Newfoundland & Labrador
A1C 5W2
Telephone: (709) 729-1169
FAX: (709) 729-1135
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: Roman Catholic School Board for St.John's

Counsel
R. Wayne Bruce
Christine M. Healy
Stewart McKelvey Stirling Scales
Suite 1100, Cabot Place
100 New Gower Street, P.O. Box 5038
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
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: Avalon Consolidated School Board

Counsel
R. Wayne Bruce
Christine M. Healy
Stewart McKelvey Stirling Scales
Suite 1100, Cabot Place
100 New Gower Street, P.O. Box 5038
St. John's, Newfoundland & Labrador
A1C 5V3
Telephone: (709) 722-4270
FAX: (709) 722-4565
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: Canadian Foundation for Children, Youth and the Law

Counsel
Cheryl Milne
Canadian Foundation for Children, Youth & the Law
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Email: milnec@lao.on.ca
Agent
Chantal Tie
South Ottawa Community Legal Services
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401

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

May 14, 1996
Provincial Court of Newfoundland and Labrador

389

application for prohibition dismissed

May 15, 1998
Supreme Court of Newfoundland and Labrador - Court of Appeal

96/103

appeal dismissed

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

Not available

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

Not available

Webcasts

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Date modified: 2025-05-13