Case information
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27443
Dwayne W. Hynes v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (As of Right / 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) |
|---|---|---|
| 2002-02-15 | Appeal closed | |
| 2002-02-11 | Formal judgment sent to the registrar of the court of appeal and all parties, REVISED | |
| 2002-01-17 | Record returned to the Registrar of the Court of Appeal | |
| 2002-01-14 | Correspondence (sent by the Court) to, the parties re: corrections to be published | |
| 2002-01-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-01-03 | Correspondence received from, Burke-Robertson dated Jan. 3, 2002 re: enclosing a letter from T. Mills , Director of Public Prosecutions (re: judgment) | Her Majesty the Queen |
| 2001-12-13 | Copy of formal judgment being prepared | |
| 2001-12-07 | Notice of deposit of judgment sent to all parties | |
| 2001-12-06 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed and the case is remanded for continuation of the preliminary inquiry, Iacobucci, Major, Binnie and Arbour JJ. dissenting. (Revised Jan. 11/2002) Dismissed |
|
| 2001-02-19 | Transcript received, and distributed to the justices (67 pages) | |
| 2001-02-13 | Judgment reserved OR rendered with reasons to follow | |
| 2001-02-13 |
Hearing of the appeal, 2001-02-13, (V013), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-02-13 | Acknowledgement and consent for video taping of proceedings | |
| 2001-02-09 |
Decision on motion to extend time, Reg, to serve & file the respondent's book of authorities to Feb. 8, 2001. Granted, no order as to costs |
|
| 2001-02-09 | Submission of motion to extend time, Reg | |
| 2001-02-08 | Response to motion to extend time, (Lang, Michener) - fax copy, Completed on: 2001-02-08 | Dwayne W. Hynes |
| 2001-02-08 | Respondent's book of authorities, Completed on: 2001-02-08 | Her Majesty the Queen |
| 2001-02-07 | Motion to extend time, to file the authorities to Feb. 8, 2001 - 1 copy, Completed on: 2001-02-07 | Her Majesty the Queen |
| 2001-02-05 | Notice of withdrawal | Attorney General for Saskatchewan |
| 2001-02-02 | Notice of appearance | Attorney General of Canada |
| 2001-01-16 | Correspondence received from, Gowlings dated Jan. 16, 2001 re: will not be present at the hearing but will rely on the factum | Attorney General of Alberta |
| 2000-12-06 | Notice of hearing | Dwayne W. Hynes |
| 2000-12-01 |
Appeal hearing scheduled, 2001-02-13 Judgment reserved |
|
| 2000-11-27 | Order on motion to extend time | |
| 2000-11-24 |
Decision on motion to extend time, Ma, to serve and file a notice of intervention by the Attorney General of Saskatchewan to Nov. 10, 2000. Granted, no order as to costs |
|
| 2000-11-24 | Submission of motion to extend time, Ma | |
| 2000-11-17 |
Decision on motion to extend time, Reg, to serve & file the factum of the intervener A.G. - Ontario to Nov. 3, 2000. Granted, no order as to costs |
|
| 2000-11-17 | Submission of motion to extend time, Reg | |
| 2000-11-10 | Notice of intervention respecting a constitutional question | Attorney General for Saskatchewan |
| 2000-11-10 | Motion to extend time, to serve and file a Notice of Intervention pursuant to Rule 32 (2 copies), Completed on: 2000-11-10 | Attorney General for Saskatchewan |
| 2000-11-09 | Order on motion to extend time | |
| 2000-11-09 |
Decision on motion to extend time, Reg, to serve and file the factum and book of authorities of the intervener Attorney General of Canada to Oct. 27, 2000. Granted, no order as to costs |
|
| 2000-11-09 | Submission of motion to extend time, Reg | |
| 2000-11-07 | Order on motion to extend time | |
| 2000-11-07 |
Decision on motion to extend time, Reg, to serve & file the book of authorities of the intervener A.G. - Alberta to Oct. 2, 2000. Granted, no order as to costs |
|
| 2000-11-07 |
Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - B.C. to Oct. 6, 2000. Granted, no order as to costs |
|
| 2000-11-07 | Submission of motion to extend time, Reg | |
| 2000-11-06 | Correspondence received from, (by fax) David Day; requesting that the appeal be heard between Jan. 26 and Feb. 16 | Dwayne W. Hynes |
| 2000-11-03 | Intervener's factum, Completed on: 2000-11-03 | Attorney General for Ontario |
| 2000-11-03 | Motion to extend time, to serve and file the Factum to Nov. 3/00 (1 copy), Completed on: 2000-11-03 | Attorney General for Ontario |
| 2000-10-30 | Response to motion to extend time, (fax copy), Completed on: 2000-10-30 | Dwayne W. Hynes |
| 2000-10-27 | Motion to extend time, to file the factum and authorities to Oct. 27, 2000 - 1 copy, Completed on: 2000-10-27 | Attorney General of Canada |
| 2000-10-27 | Book of authorities, Completed on: 2000-10-27 | Attorney General of Canada |
| 2000-10-27 | Intervener's factum, Completed on: 2000-10-27 | Attorney General of Canada |
| 2000-10-12 | Motion to extend time, to serve and file the Authorities to Oct. 2/00, Completed on: 2000-10-13 | Attorney General of Alberta |
| 2000-10-11 |
Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener A.G. - Manitoba to Sept. 29, 2000, nunc pro tunc. Granted, no order as to costs |
|
| 2000-10-11 | Submission of motion to extend time, Reg | |
| 2000-10-06 | Motion to extend time, to file the factum and authorities to Oct. 6, 2000 - 1 copy, Completed on: 2000-10-06 | Attorney General of British Columbia |
| 2000-10-06 | Book of authorities, Completed on: 2000-10-06 | Attorney General of British Columbia |
| 2000-10-06 | Intervener's factum, Completed on: 2000-10-06 | Attorney General of British Columbia |
| 2000-10-06 | Response to motion to extend time, (Letter Form), (by e-mail) no objection, Completed on: 2000-10-06 | Her Majesty the Queen |
| 2000-10-05 | Response to motion to extend time, from Lang Michener, Completed on: 2000-10-05 | Dwayne W. Hynes |
| 2000-10-02 | Motion to extend time, to serve and file the Factum and Authorities to Sept. 29/00 (1 copy), Completed on: 2000-10-02 | Attorney General of Manitoba |
| 2000-10-02 | Book of authorities, (extension of time requested), Completed on: 2000-10-02 | Attorney General of Alberta |
| 2000-09-29 | Book of authorities, Completed on: 2000-09-29 | Attorney General of Manitoba |
| 2000-09-29 | Intervener's factum, (see Order dated Sept. 15/00), Completed on: 2000-09-29 | Attorney General of Alberta |
| 2000-09-29 | Intervener's factum, (extension of time requested), Completed on: 2000-09-29 | Attorney General of Manitoba |
| 2000-09-15 | Order on motion to extend time | |
| 2000-09-14 |
Decision on motion to extend time, to serve and file the A.G. Alberta's factum to Sept. 29, Reg Granted, no order as to costs |
|
| 2000-09-14 | Submission of motion to extend time, Reg | |
| 2000-09-14 | Response to motion to extend time, (Letter Form), Completed on: 2000-09-14 | Attorney General for Ontario |
| 2000-09-08 | Response to motion to extend time, (Letter Form), J. Beedell dated Sept. 8, 2000 re: does not oppose the request for an extension of time, Completed on: 2000-09-08 | Dwayne W. Hynes |
| 2000-09-07 | Correspondence received from, S. Kyle dated Sept. 6, 2000 (fax copy) re: no longer have carriage of this matter; now Robert Kelly | Attorney General for Ontario |
| 2000-09-01 | Motion to extend time, to file the factum to Sept. 29, 2000 - 1 copy, Completed on: 2000-09-05 | Attorney General of Alberta |
| 2000-08-21 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2000-08-16 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2000-08-16 | Appeal perfected for hearing, Session beginning on 2001-01-15 | |
| 2000-08-11 | Respondent's factum, Completed on: 2000-08-11 | Her Majesty the Queen |
| 2000-08-11 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2000-08-03 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2000-06-26 | Appellant's book of authorities, Completed on: 2000-06-26 | Dwayne W. Hynes |
| 2000-06-26 | Appellant's record, Completed on: 2000-06-26 | Dwayne W. Hynes |
| 2000-06-26 | Appellant's factum, Completed on: 2000-06-26 | Dwayne W. Hynes |
| 2000-06-23 | Notice of constitutional question(s), 2 copies (book form) | Dwayne W. Hynes |
| 2000-06-21 | Order on motion to state a constitutional question | |
| 2000-06-14 | Appeal court record, joint with trial court record (1 accordeon file) | |
| 2000-06-12 |
Decision on the motion to state a constitutional question, CJ, by the appellant is granted (for question see long judgment). Notices of intervention are to be filed no later than August 21, 2000. Granted, no order as to costs |
|
| 2000-06-06 | Correspondence received from, D. Day (by fax); re: lower court records have been requested | Dwayne W. Hynes |
| 2000-05-03 | Order on motion for leave to intervene, (by the Court) | |
| 2000-05-03 |
Decision on the motion for leave to intervene, Ia, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs |
|
| 2000-05-03 |
Decision on the motion for leave to intervene, Ia, & extension of time of the ATTORNEY GENERAL OF CANADA. The factum is limited to 20 pages & oral argument to 15 minutes. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record apart from their factums and oral submissions. Pursuant to Rule 18(6) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the interventions. Granted, no order as to costs |
|
| 2000-05-03 | Submission of motion for leave to intervene, by A.G. - Can. & Ont., Ia | |
| 2000-05-01 | Response to the motion for leave to intervene, (Letter Form), from J. Beedell dated May 1, 2000 (fax copy) re: will not be opposing to the motion by A.G. Ontario, Completed on: 2000-05-01 | Dwayne W. Hynes |
| 2000-05-01 | Response to the motion for leave to intervene, (Letter Form), from W. Gorman dated April 28, 2000 (fax copy) re: no objection to the request by A.G. Ontario, Completed on: 2000-05-01 | Her Majesty the Queen |
| 2000-04-26 | Submission of motion to state a constitutional question, CJ | |
| 2000-04-25 | Motion for leave to intervene, (under rule 18)(requesting a 30 pages factum) - 2 copies, Completed on: 2000-04-25 | Attorney General for Ontario |
| 2000-04-25 | Response to the motion to state a constitutional question, (included in motion book), Completed on: 2000-04-25 | Her Majesty the Queen |
| 2000-04-25 | Motion to state a constitutional question, (book form), Completed on: 2000-04-25 | Dwayne W. Hynes |
| 2000-04-06 | Response to the motion for leave to intervene, from the Appellant, Completed on: 2000-04-06 | Dwayne W. Hynes |
| 2000-04-06 | Motion for leave to intervene, joint with extension of time to Apr. 6/00; to file a factum, book of authorities and make oral argument (AMENDED), Completed on: 2000-04-06 | Attorney General of Canada |
| 2000-02-29 | Correspondence received, from M. Keith dated Feb. 28, 2000 (counsel for the Respondent in 27084) (fax copy) re: would prefer to have his matter heard on its own merits separate from the issues in Hynes (joint with 27084) | |
| 2000-02-29 | Order granting leave to appeal | |
| 2000-02-29 | Letter acknowledging receipt of notice of appeal | |
| 2000-02-24 | Notice of appeal, (service at Court of Appeal on Feb. 23/00), Completed on: 2000-02-24 | Dwayne W. Hynes |
| 2000-02-22 | Correspondence received, from H. Schwartz, counsel for the A.G. Ontario in file no. 27084 re: would like to have the Dunedin appeal, file 27084, heard on its own merits, separate from the issues in this appeal (Hynes) | |
| 2000-02-15 | Response to the motion for leave to intervene, (fax copy), Completed on: 2000-02-15 | Her Majesty the Queen |
| 2000-02-14 | Motion for leave to intervene, (to file a joint factum with 27084) - 1 copy (see amended motion filed Apr. 6/00), Completed on: 2000-02-14 | Attorney General of Canada |
| 2000-02-01 | Notice of deposit of judgment issued to all parties | |
| 2000-01-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1999-11-22 | All materials on application for leave submitted to the Judges, (changed from CJ, McL, I to CJ, I, Ma on Jan. 27, 2000), McL Ia Ma | |
| 1999-10-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-10-13 | Respondent's response on the application for leave to appeal, Completed on: 1999-10-13 | Her Majesty the Queen |
| 1999-09-29 | Application for leave to appeal, Completed on: 1999-09-29 | Dwayne W. Hynes |
| 1999-09-15 | Correspondence received from, D. Day dated Sept. 15, 1999 (fax copy) re: leave application will be also filed by Sept. 29, 1999 | Dwayne W. Hynes |
| 1999-08-31 | Letter acknowledging receipt of notice of appeal | |
| 1999-08-27 | Notice of appeal, 22 copies (book form), Completed on: 1999-08-27 | Dwayne W. Hynes |
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 |
|---|---|---|
| Hynes, Dwayne W. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Hynes, Dwayne W.
Counsel
Suite 600, TD Place
140 Water Street
St. John's, Newfoundland & Labrador
A1C 6H6
Telephone: (709) 753-2545
FAX: (709) 753-2266
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Her Majesty the Queen
Counsel
Thomas G. Mills
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
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
Peter DeFreitas
S. R. Fainstein, Q.C.
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-4079
FAX: (613) 941-8742
Email: nancy.irving@justice.gc.ca
Agent
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 for Ontario
Counsel
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4556
FAX: (416) 326-4656
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
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0679
FAX: (204) 945-0053
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 Alberta
Counsel
Appeals Branch, Ciminal Justice Division,
3rd Floor, 9833 - 109 Street St.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jim.bowron@gov.ab.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
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
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
Supreme Court of Newfoundland and Labrador, Court of Appeal
1997 St. J. No. 1703
see file
Supreme Court of Newfoundland and Labrador - Court of Appeal
97/111
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
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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
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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.
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