Case information
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27277
Bradley Sawyer v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2001-09-06 | Record returned to the Registrar of the Court of Appeal | |
| 2001-08-22 | Appeal closed | |
| 2001-08-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-07-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-07-03 | Notice of deposit of judgment sent to all parties | |
| 2001-06-29 | Copy of formal judgment being prepared | |
| 2001-06-29 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeals are dismissed and the constitutional questions for both the Pan and Sawyer actions are answered as follows: SEE LONG Dismissed, no order as to costs |
|
| 2001-01-02 | Transcript received, (203 pages) (joint with 27424) | |
| 2000-12-08 |
Hearing of the appeal, 2000-12-08, (V092-093), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2000-12-08 | Acknowledgement and consent for video taping of proceedings | |
| 2000-12-05 | Correspondence received from, R. Pomerance dated Dec. 5, 2000 (fax copy) re: order of the oral submission (joint with 27424) | Her Majesty the Queen |
| 2000-12-04 | Notice of appearance, from Burke-Robertson (e-mail) | Attorney General of British Columbia |
| 2000-12-01 | Notice of appearance, (Letter Form), from Burke-Robertson dated Dec. 1, 2000 (e-mail)(joint with 27424) | Her Majesty the Queen |
| 2000-11-29 |
Decision on motion to extend time, DeRg, to serve & file the respondent's book of authorities to Nov. 16, 2000. Granted, no order as to costs |
|
| 2000-11-29 | Submission of motion to extend time, DeRg | |
| 2000-11-29 | Notice of appearance, (Letter Form), from S. Fainstein dated Nov. 29, 2000 (joint with 27424) | Attorney General of Canada |
| 2000-11-29 | Decision on motion to extend time, DeRg | |
| 2000-11-29 | Submission of motion to extend time, DeRg | |
| 2000-11-17 | Motion to adduce new evidence, (affidavit in support of motion in sealed envelope) P.S. to be heard at the hearing of the appeal (sent to the bench on Nov. 20, 2000), Completed on: 2000-11-17 | Bradley Sawyer |
| 2000-11-17 | Motion to extend time, to file the respondent's authorities to Nov. 16, 2000 (joint with 27424), Completed on: 2000-11-17 | Her Majesty the Queen |
| 2000-11-16 | Book of authorities, (joint with 27424), Completed on: 2000-11-16 | Attorney General of Québec |
| 2000-11-16 | Intervener's factum, (joint with 27424), Completed on: 2000-11-16 | Attorney General of Québec |
| 2000-11-16 | Book of authorities, (joint with 27424), Completed on: 2000-11-16 | Attorney General of British Columbia |
| 2000-11-16 | Intervener's factum, (joint with 27424), Completed on: 2000-11-16 | Attorney General of British Columbia |
| 2000-11-16 | Respondent's book of authorities, Vol. I to III - on Constitutional Questions (joint with 27424) (extension of time requested), Completed on: 2000-11-16 | Her Majesty the Queen |
| 2000-11-15 | Intervener's factum, (joint with 27424), Completed on: 2000-11-15 | Attorney General of Manitoba |
| 2000-11-15 | Book of authorities, Vol. I & II (joint with 27424), Completed on: 2000-11-15 | Attorney General of Canada |
| 2000-11-15 | Intervener's factum, (joint with 27424), Completed on: 2000-11-15 | Attorney General of Canada |
| 2000-10-23 | Correspondence received from, M. Green dated Oct. 23, 2000 (fax copy) re: will provide to the Court with a copy of a study by Prof. Chopra and Ogloff if it is in print by the time of the hearing (joint with 27424) | Criminal Lawyers' Association (Ontario) |
| 2000-10-17 | Respondent's factum, (see Order dated Aug. 18/00 in Pan 27424) (returned for corrections (style of cause) on Oct. 18/00 - back Oct. 19/00), Completed on: 2000-10-17 | Her Majesty the Queen |
| 2000-10-05 | Notice of appearance, of Renee Pomerance at the hearing of the appeal | Her Majesty the Queen |
| 2000-09-22 | Book of authorities, (joint with 27424), Completed on: 2000-09-22 | Criminal Lawyers' Association (Ontario) |
| 2000-09-22 | Intervener's factum, (see order dated May 30, 2000)(joint with 27424), Completed on: 2000-09-22 | Criminal Lawyers' Association (Ontario) |
| 2000-09-22 | Order on motion for leave to intervene, (by the Court) | |
| 2000-09-22 |
Decision on the motion for leave to intervene, of the Canadian Psychological Association (for reasons see file), Bi Dismissed, without costs |
|
| 2000-09-21 | Submission of motion for leave to intervene, Bi | |
| 2000-09-21 | Reply to the motion for leave to intervene, from F. Addario dated Sept. 21/00 (by fax) (joint with 27424), Completed on: 2000-09-21 | Canadian Psychological Association |
| 2000-09-20 | Response to the motion for leave to intervene, (Letter Form), from R. M. Pomerance dated Sept. 20/00 (1 copy) (joint with 27424), Completed on: 2000-09-20 | Her Majesty the Queen |
| 2000-09-19 | Response to the motion for leave to intervene, from K. Wright (joint in Motion Book Tab 4), Completed on: 2000-09-19 | Bradley Sawyer |
| 2000-09-19 | Motion for leave to intervene, to file a factum and present oral argument joint with Motion to Extend Time (book form - 4 copies) (joint with 27424), Completed on: 2000-09-19 | Canadian Psychological Association |
| 2000-09-01 |
Appeal hearing scheduled, 2000-12-08 Judgment reserved |
|
| 2000-05-30 | Order on motion for leave to intervene, (by the Court) | |
| 2000-05-30 |
Decision on the motion for leave to intervene, Ma, and extension of time by the Criminal Lawyers' Association (ontario). The applicant shall be entilted to file a single factum of 30 pages and to present oral argument limited 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by the intervention. Granted, no order as to costs |
|
| 2000-05-30 | Submission of motion for leave to intervene, Ma | |
| 2000-04-06 | Response to the motion for leave to intervene, (fax copy), Completed on: 2000-04-06 | Bradley Sawyer |
| 2000-04-06 | Response to the motion for leave to intervene, (joint consent with 27424 - Pan)(fax copy), Completed on: 2000-04-06 | Her Majesty the Queen |
| 2000-04-06 | Motion for leave to intervene, (extension of time, order for a single factum of up to 30 pages included) (joint with 27424 - Pan), Completed on: 2000-04-06 | Criminal Lawyers' Association (Ontario) |
| 2000-03-08 | Appeal perfected for hearing, Session beginning on 2000-10-02, (previously inscribed for the Spring) | |
| 2000-03-08 | General proceeding, This appeal is to be heard with Pan (27424) in the first two weeks of the Fall session, the time limits for filing of facta by the respondent and interveners be extended to coincide with the time limits in the Pan (27424) appeal. | Bradley Sawyer |
| 1999-12-16 | General proceeding, (previously inscribed for Spring session now Fall session) | Bradley Sawyer |
| 1999-11-17 | Order on motion to extend time | |
| 1999-11-15 |
Decision on motion to extend time, G, to serve & file a notice of intervention by the Attorney General of Canada to Nov. 2/99. Granted, no order as to costs |
|
| 1999-11-15 | Submission of motion to extend time, G | |
| 1999-11-10 | Response to motion to extend time, (fax copy), Completed on: 1999-11-10 | Bradley Sawyer |
| 1999-11-09 | Appeal court record, (1 small box) | |
| 1999-11-08 | Motion to extend time, (Letter Form), to file a Notice of Intervention to Nov. 2/99, Completed on: 1999-11-08 | Attorney General of Canada |
| 1999-11-08 | Order on motion to extend time | |
| 1999-11-08 |
Decision on motion to extend time, DeRg, to serve & file the appellant's book of authorities to Oct. 29/99. Granted, no order as to costs |
|
| 1999-11-08 | Submission of motion to extend time, DeRg | |
| 1999-11-02 | Notice of intervention respecting a constitutional question, (extension of time requested) | Attorney General of Canada |
| 1999-11-01 | Notice of intervention respecting a constitutional question, (no service) | Attorney General of Manitoba |
| 1999-11-01 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 1999-10-29 | Response to motion to extend time, from A.G. for Ontario dated Oct. 28/99, Completed on: 1999-10-29 | Her Majesty the Queen |
| 1999-10-29 | Motion to extend time, (Letter Form), to serve and file their Authorities to Oct. 29/99 (2 copies), Completed on: 1999-10-29 | Bradley Sawyer |
| 1999-10-29 | Appellant's book of authorities, Completed on: 1999-10-29 | Bradley Sawyer |
| 1999-10-22 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 1999-10-21 | Appellant's factum, (see decision dated Sept. 2/99), Completed on: 1999-10-21 | Bradley Sawyer |
| 1999-10-20 | Correspondence received, from K. Wright, counsel for the applicant in 27424 re: close connection between this appeal and Pan's case, file no. 27424 (fax copy) | |
| 1999-10-04 | Notice of constitutional question(s) | Bradley Sawyer |
| 1999-10-01 | Order on motion to state a constitutional question | |
| 1999-09-22 |
Decision on the motion to state a constitutional question, CJ, The motion on behalf of the appellant for an order stating Constitutional Questions is granted (for questions see long judgment). The notices of intention to intervene are to be filed no later than November 1/99. Granted, no order as to costs |
|
| 1999-09-14 | Order on motion to extend time | |
| 1999-09-02 | Appellant's record, vols. 1 and 2, Completed on: 1999-09-02 | Bradley Sawyer |
| 1999-09-02 |
Decision on motion to extend time, Reg, to serve & file the appellant's factum to 30 days following the decision on the motion to state Constitutional Questions Granted, no order as to costs |
|
| 1999-09-02 | Submission of motion to extend time, Reg | |
| 1999-08-25 | Motion to extend time, to serve and file the Appellant's Factum and Authorities within 30 days following the Statement of Constitutional Question, Completed on: 1999-08-25 | Bradley Sawyer |
| 1999-08-09 | Submission of motion to state a constitutional question, CJ | |
| 1999-07-29 | Response to the motion to state a constitutional question, (Letter Form), from R. Pomerance dated July 29, 1999 (fax copy), Completed on: 1999-07-29 | Her Majesty the Queen |
| 1999-07-05 | Motion to state a constitutional question, Completed on: 1999-07-09 | Bradley Sawyer |
| 1999-05-17 | Letter acknowledging receipt of notice of appeal | |
| 1999-05-05 | General proceeding, (copy of reasons for judgment of C.A.) | Bradley Sawyer |
| 1999-05-05 | Notice of appeal, Completed on: 1999-05-05 | Bradley Sawyer |
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 |
|---|---|---|
| Sawyer, Bradley | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Sawyer, Bradley
Counsel
Shayne G. Kert
P. Andras Schreck
P. Andras Schreck
Buhr & Kert
111 Richmond Street West
Suite 208
Toronto, Ontario
M5H 2G4
Telephone: (416) 863-0141
FAX: (416) 863-1586
111 Richmond Street West
Suite 208
Toronto, Ontario
M5H 2G4
Telephone: (416) 863-0141
FAX: (416) 863-1586
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Her Majesty the Queen
Counsel
Renee M. Pomerance
Attorney General of Ontario
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Email: renee.pomerance@jus.gov.on.ca
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Email: renee.pomerance@jus.gov.on.ca
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
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
William F. Ehrcke, Q.C.
Mary Ainslie
Mary Ainslie
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
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
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Québec
Counsel
Marie-Claude Gilbert
patrick Michel
Gilles Laporte
patrick Michel
Gilles Laporte
Procureur général du Québec
Direction du droit autochtone et constitutionnel
1200, route de l'Église - 9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Direction du droit autochtone et constitutionnel
1200, route de l'Église - 9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Canada
Counsel
S. Ronald Fainstein, Q.C.
George Dolhai
George Dolhai
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412
Agent
Robert J. Frater
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
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of Manitoba
Counsel
Holly D. Penner
Attorney General of Manitoba
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6723
FAX: (204) 945-0053
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6723
FAX: (204) 945-0053
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
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: Criminal Lawyers' Association (Ontario)
Counsel
Melvyn Green
Sack Goldblatt Mitchell
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Leonard M. Shore, Q.C.
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
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
April 13, 1999
Court of Appeal for Ontario
C24687, C24688
Court of Appeal for Ontario
C24687, C24688
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.
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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.
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Date modified: 2025-05-13