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26924

A.G. v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

(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)
2000-05-31 Record returned to the Registrar of the Court of Appeal
2000-05-04 Appeal closed
2000-05-01 Formal judgment sent to the registrar of the court of appeal and all parties
2000-04-20 Copy of formal judgment being prepared
2000-04-14 Notice of deposit of judgment sent to all parties
2000-04-13 Judgment on the appeal rendered, CJ L'HD G McL Ia Ma Ba Bi Arb, The appeal is dismissed. (*Lamer C.J. took no part in the judgment.)
Dismissed, no order as to costs
1999-10-22 Transcript received, and distributed to the justices (238 pages)
1999-10-05 Hearing of the appeal, 1999-10-05, CJ L'HD G McL Ia Ma Ba Bi Arb
Judgment reserved
1999-10-01 Correspondence received from, Gowlings dated Oct. 1/99 re will rely on written submission only The Attorney General of Manitoba
1999-09-29 Supplemental document, Supplementary Casebook (12 copies) consent from Respondent dated Sept. 30/99 (by fax) A.G.
1999-09-29 Notice of appearance, of Frank Addario at the hearing of the appeal (original received Oct. 5/99) The Criminal Lawyers' Association (Ontario)
1999-09-28 Notice of appearance, of Robert Frater and Morris Pistyner at the hearing of the appeal The Attorney General of Canada
1999-09-28 Book of authorities, Completed on: 1999-09-28 The Attorney General of Alberta
1999-09-28 Notice of appearance, of Melvyn Green and Marlys Edwardh at the hearing of the appeal The Association in Defence of the Wrongly Convicted ("AIDWYC")
1999-09-27 Notice of appearance, Sheila Leinburd at the hearing of the appeal The Attorney General of Manitoba
1999-09-27 Notice of appearance, of James Lockyer and David Tanovich at the hearing of the appeal A.G.
1999-09-27 Notice of appearance, of C. Jane Arnup and Randolv Schwartz at the hearing of the appeal Her Majesty the Queen
1999-09-21 Correspondence received from, Henry S. Brown, Q.C. (by fax) dated Sept. 20/99 re: will not be appearing at the hearing (written submission only) The Attorney General of Alberta
1999-09-20 Notice of appearance, of William F. W. Ehrcke, Q.C. and Kate Ker at the hearing of the appeal The Attorney General of British Columbia
1999-08-18 Notice of hearing A.G.
1999-08-12 Intervener's factum, Completed on: 1999-08-12 The Attorney General of Alberta
1999-08-12 Appeal hearing scheduled, 1999-10-05
Judgment reserved
1999-08-10 Order on motion for leave to intervene, (by the Court)
1999-08-10 Decision on the motion for leave to intervene, (NO ORAL ARGUMENT REQUESTED), Bi, and extension of time by the Attorney General of Alberta. The applicant shall be entitled to serve & file a factum not to exceed 20 pages. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum. Pursuant to Rule 18(6), the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
1999-08-10 Submission of motion for leave to intervene, by A.G. - Alberta, Bi
1999-07-26 Motion for leave to intervene, (joint with extension of time)(served on July 21, 1999), Completed on: 1999-07-26 The Attorney General of Alberta
1999-07-22 Book of authorities, (vol. 1 and 2) (joint with 26570 and 26645), Completed on: 1999-07-22 The Association in Defence of the Wrongly Convicted ("AIDWYC")
1999-07-22 Intervener's factum, (joint 26570 and 26645) (joint with The Innocence Project)(see order dated April 28, 1999), Completed on: 1999-07-22 The Association in Defence of the Wrongly Convicted ("AIDWYC")
1999-07-22 Correspondence received from, W. Ehrcke dated July 21, 1999 re: typographical error on page 16 of the factum (enclosing 24 copies of page 16 -
Pierre from B.R. has made the corrections on July 27, 1999)
The Attorney General of British Columbia
1999-07-21 Response to the motion for leave to intervene, (responding to A.G. Alberta's motion to intervene), Completed on: 1999-07-21 A.G.
1999-07-19 Book of authorities, Completed on: 1999-07-19 The Attorney General of British Columbia
1999-07-19 Intervener's factum, Completed on: 1999-07-19 The Attorney General of British Columbia
1999-07-13 Order on motion for leave to intervene
1999-07-07 Decision on the motion for leave to intervene, L'HD, and extension of time by A.G. - Canada. The joint factum is limited to 20 pages & joint oral argument to 15 minutes.
Granted, no order as to costs
1999-07-07 Submission of motion for leave to intervene, by A.G. - Canada, L'HD
1999-07-06 Supplemental document, AUTHORITIES (joint with respondent's in 26645 - Molodowic) The Attorney General of Manitoba
1999-07-06 Intervener's factum, (joint with respondent's factum in 26645 - Molodowic), Completed on: 1999-07-06 The Attorney General of Manitoba
1999-06-29 Respondent's book of authorities, Completed on: 1999-06-29 Her Majesty the Queen
1999-06-29 Respondent's factum, Completed on: 1999-06-29 Her Majesty the Queen
1999-06-23 Response to the motion for leave to intervene, (Letter Form), from Gowling, Completed on: 1999-06-23 A.G.
1999-06-22 Motion for leave to intervene, (joint with extension of time), Completed on: 1999-06-22 The Attorney General of Canada
1999-06-22 Book of authorities, (joint with 26570 and 26645), Completed on: 1999-06-22 The Attorney General of Canada
1999-06-22 Intervener's factum, (joint with 26570 and 26645) (see motion filed on June 22, 1999), Completed on: 1999-06-22 The Attorney General of Canada
1999-06-17 Order on motion for leave to intervene, by the Court
1999-06-17 Decision on the motion for leave to intervene, Ba, and for an extension of time by the Attorney General of British Columbia, factum is limited to 20 pages & oral argument to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. Pursuant to Rule 18(6), the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
1999-06-17 Submission of motion for leave to intervene, Ba
1999-06-04 Order on motion to extend time, to serve & file the factum of the interveners AIDWYC & Innocence Project to (4) four weeks after the service and filing of the respondents' factums.
1999-06-02 Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated June 2, 1999, Completed on: 1999-06-02 Her Majesty the Queen
1999-06-02 Motion for leave to intervene, (joint with extension of time) - book form - 2 copies, Completed on: 1999-06-02 The Attorney General of British Columbia
1999-05-28 Intervener's factum, See decision dated March 29/99 (joint with 26570 - 26645), Completed on: 1999-05-28 The Criminal Lawyers' Association (Ontario)
1999-05-27 Order on motion for leave to intervene, (by the Court)
1999-05-27 Decision on the motion for leave to intervene, Ba, by the Attorney General of Manitoba, factum is limited to 20 pages & oral argument to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. Pursuant to Rule 18(6), the intervener shall pay to the appellant and respondent any additonal disbursements occasioned to the appellant and respondent by the intervention.
Granted, no order as to costs
1999-05-27 Submission of motion for leave to intervene, by A.G. - Manitoba, Ba
1999-05-26 Decision on motion to extend time, Ba, to serve & file the factum of the interveners AIDWYC & Innocence Project to (4) four weeks after the service and filing of the respondents' factums.
Granted, no order as to costs
1999-05-26 Submission of motion to extend time, by AIDWYC & Innocence Project, Ba
1999-05-20 Order on motion to extend time, to serve & file the respondent's factum to June 21/99
1999-05-19 Correspondence received from, H. Brown dated May 19, 1999 (fax copy) re: suggests that jurisdictional issue be heard first (joint with 26570-26645) A.G.
1999-05-19 Response to motion to extend time, (Letter Form), from Burke-Robertson dated May 19, 1999 re: joint consent for motions to intervene by Innocence Project and ADWC, Completed on: 1999-05-19 Her Majesty the Queen
1999-05-19 Decision on motion to extend time, DeRg, to serve & file the respondent's factum to June 21/99
Granted, no order as to costs
1999-05-19 Submission of motion to extend time, to file the respondent's factum, DeRg
1999-05-18 Motion to extend time, (to file the factum prescribed in rule 38) (joint with 26570 and 26645), Completed on: 1999-05-18 The Association in Defence of the Wrongly Convicted ("AIDWYC")
1999-05-18 Motion to extend time, (to file the factum prescribed in rule 38) (joint with 26570 and 26645), Completed on: 1999-05-18 The Innocence Project (Osgoode Hall Law School)
1999-05-18 Response to the motion for leave to intervene, (fax copy)(original received on May 18, 1999), Completed on: 1999-05-18 Her Majesty the Queen
1999-05-17 Response to the motion for leave to intervene, Completed on: 1999-05-17 A.G.
1999-05-17 Motion for leave to intervene, 1 copy (extension of time requested), Completed on: 1999-05-17 The Attorney General of Manitoba
1999-05-14 Response to motion to extend time, (fax copy), Completed on: 1999-05-14 A.G.
1999-05-13 Motion to extend time, (Letter Form), to file the respondent's factum to June 21, 1999 - 1 copy, Completed on: 1999-05-13 Her Majesty the Queen
1999-05-11 Notice of hearing A.G.
1999-04-29 Appellant's book of authorities, Completed on: 1999-04-29 A.G.
1999-04-28 Appellant's factum, (see order of March 22/99)(service filed April 29/99), Completed on: 1999-04-28 A.G.
1999-04-28 Order on motion for leave to intervene, (see Bastarache J. order)
1999-04-28 Decision on the motion for leave to intervene, Ba, The motions for an extension of time and for leave to intervene of the applicants Association in Defence of the Wrongly Convicted ("AIDWYC") and The Innocence Project are granted. My Order dated April 6, 1999, granting ("AIDWYC") and the Innocence Project leave to intervene in the Biniaris (26570) and Molodowic (26645) appeals is amended by increasing the length of their single joint factum to 40 pages and increasing the length of their single oral argument to 30 minutes in all three appeals. The interveners shall serve and file their factum no later than May 31, 1999.
Granted, no order as to costs
1999-04-28 Submission of motion for leave to intervene, by AIDWYC & The Innonence Project, Ba
1999-04-27 Reply to the motion for leave to intervene, (Letter Form), from M. Green, dated April 27, 1999 (fax copy) re: replying to the respondent's response, Completed on: 1999-04-27 The Association in Defence of the Wrongly Convicted ("AIDWYC")
1999-04-20 Response to the motion for leave to intervene, (Letter Form), from C. Jane Arnup dated April 20, 1999 - fax copy, Completed on: 1999-04-20 Her Majesty the Queen
1999-04-20 Response to the motion for leave to intervene, (Letter Form), (fax copy), Completed on: 1999-04-20 A.G.
1999-04-16 Motion for leave to intervene, (joint with extension of time and joint factum with intervener, Innocence Project, if granted), Completed on: 1999-04-16 The Association in Defence of the Wrongly Convicted ("AIDWYC")
1999-04-16 Motion for leave to intervene, (Letter Form), (joint with extension of time, joint factum with intervener,AIDWYC, if granted) - 2 copies, Completed on: 1999-04-16 The Innocence Project (Osgoode Hall Law School)
1999-04-08 Appeal hearing scheduled, 1999-06-22
1999-03-29 Order on motion for leave to intervene, (by the Court)
1999-03-29 Decision on the motion for leave to intervene, Ma, The application for by the Criminal Lawyers' Association for an extension of time and leave to intervene on the question of whether a determination of the reasonableness of a verdict is a question of law is granted; the applicant shall be entitled to serve and file a factum not to exceed 30 pages in length and to present oral argument not to exceed 15 minutes.
Granted, no order as to costs
1999-03-26 Submission of motion for leave to intervene, Ma
1999-03-22 Appeal perfected for hearing, Session beginning on 1999-10-04
1999-03-22 Decision on motion to expedite the appeal, CJ, Upon application by Counsel of the Appellant for an Order adding this appeal to the cases of Biniaris v. R. and R. v. Molodowic. This case be scheduled to be heard on June 23, 1999. The Appellant submit its factum on or before April 30th, 1999. The respondent submit its factum on or before May 31, 1999.
Granted, no order as to costs
1999-03-18 Submission of motion to expedite the appeal, CJ
1999-03-18 Motion to expedite the appeal, to hear the appeal with Biniaris and Molodowic on June 22-23, 1999, Completed on: 1999-03-18 A.G.
1999-03-11 Reply to the motion for leave to intervene, (Letter Form), (letter dated March 9, 1999), Completed on: 1999-03-11 The Criminal Lawyers' Association (Ontario)
1999-03-05 Motion for leave to intervene, (joint with extension of time and lenghty memorandum) - 5 copies, Completed on: 1999-03-05 The Criminal Lawyers' Association (Ontario)
1999-03-04 Response to the motion for leave to intervene, (Letter Form), letter dated March 4, 1999 - fax copy, Completed on: 1999-03-04 Her Majesty the Queen
1999-02-18 Correspondence received from, (Letter Form), J. Lockyer to A. Roland, letter dated Feb. 17, 1999 (fax copy) re: requesting that this case be joined with cases in Biniaris and Molodowic ( 26570-26645) A.G.
1999-01-04 Appeal court record, 1 box (joint with Trial record)
1999-01-04 Trial court record, 1 box (joint with C/A record)
1998-12-18 Appellant's record, Completed on: 1999-01-06 A.G.
1998-11-20 Correspondence received from, James Lockyer, dated ov. 20/98 re: publication ban in this file A.G.
1998-11-12 Letter acknowledging receipt of notice of appeal, sent to Pinkofsky, Lockyer and A.G. for ON
1998-11-04 General proceeding, C.A. order and reasons A.G.
1998-11-04 Notice of appeal, With service, Completed on: 1998-11-04 A.G.

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
A.G. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
The Criminal Lawyers' Association (Ontario) Intervener Active
The Innocence Project (Osgoode Hall Law School) Intervener Active
The Association in Defence of the Wrongly Convicted ("AIDWYC") Intervener Active
The Attorney General of Manitoba Intervener Active
The Attorney General of British Columbia Intervener Active
The Attorney General of Canada Intervener Active
The Attorney General of Alberta Intervener Active

Counsel

Party: A.G.

Counsel
Names
James Lockyer
David M. Tanovich
Contact information
Pinkofsky Lockyer & Kwinter
438 University Ave
19th Floor
Toronto, Ontario
M5G 2K8
Telephone: (416) 598-1811
FAX: (416) 598-3384
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: Her Majesty the Queen

Counsel
Names
C. Jane Arnup
Randolv Schwartz
Contact information
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4596
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: The Criminal Lawyers' Association (Ontario)

Counsel
Names
Alan D. Gold
Frank Addario
Contact information
Gold & Associate
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
Name
Donald B. Bayne
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: The Innocence Project (Osgoode Hall Law School)

Counsel
Names
Dianne L. Martin
Melvyn Green
Marlys Edwardh
Contact information
Osgoode Hall Law School
4700 Keele Street
North York, Ontario
M3J 1P3
Telephone: (416) 736-5604
FAX: (416) 736-5736
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Kehler
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: The Association in Defence of the Wrongly Convicted ("AIDWYC")

Counsel
Names
Melvyn Green
Marlys Edwardh
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Kehler
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: The Attorney General of Manitoba

Counsel
Name
Gregg Lawlor
Contact information
Attorney General of Manitoba
405 Broadway Avenue
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2870
FAX: (204) 945-1260
Agent
Name
Henry S. Brown, Q.C.
Contact information
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: The Attorney General of British Columbia

Counsel
Name
William F. Ehrcke, Q.C.
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: The Attorney General of Canada

Counsel
Names
Robert J. Frater
Morris Pistyner
Contact information
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

Party: The Attorney General of Alberta

Counsel
Name
Jack Watson, Q.C.
Contact information
Attorney General of Alberta
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-9747
Agent
Name
Henry S. Brown, Q.C.
Contact information
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

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

June 12, 1996
Ontario Court (Provincial Division)


Conviction: sexual assault

October 8, 1998
Court of Appeal for Ontario

C25403

Appeal dismissed

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

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

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

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Webcasts

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Date modified: 2025-05-13