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27547

Ian Vincent Golden v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

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)
2002-01-17 Record returned to the Registrar of the Court of Appeal
2002-01-07 Appeal closed
2002-01-07 Formal judgment sent to the registrar of the court of appeal and all parties
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 allowed and the judgment of the Ontario Court of Appeal is set aside. The appellant's conviction is overturned and an acquittal is entered. The Chief Justice and L'Heureux-Dubé, Gonthier and Bastarache JJ. are dissenting.
Allowed
2001-03-05 Transcript received, and distributed to the judges (101 pages)
2001-02-15 Judgment reserved OR rendered with reasons to follow
2001-02-15 Hearing of the appeal, 2001-02-15, (V014-016), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2001-02-15 Acknowledgement and consent for video taping of proceedings
2001-02-15 Respondent's condensed book Her Majesty the Queen
2001-02-12 Appellant's condensed book Ian Vincent Golden
2001-02-09 Notice of appearance, of Donald McLeod and Julian Roy at the hearing of the appeal African Canadian Legal Clinic
2001-02-02 Notice of appearance Her Majesty the Queen
2001-01-30 Appellant's book of authorities, (additional) - vol. 4, Completed on: 2001-01-30 Ian Vincent Golden
2001-01-09 Order on motion for leave to intervene, (oral argument granted by Binnie J.)
2001-01-08 Notice of hearing Ian Vincent Golden
2000-12-18 Book of authorities, Completed on: 2000-12-18 Attorney General for Ontario
2000-12-18 Decision on miscellaneous motion, DeRg, on behalf of the intervener Aboriginal Legal Services of Toronto Inc. for an order allowing its factum to be filed without marginal numbering.
Granted, no order as to costs
2000-12-18 Submission of miscellaneous motion, DeRg
2000-12-15 Book of authorities, Completed on: 2000-12-15 Canadian Civil Liberties Association
2000-12-15 Correspondence received from, K. Murray dated Dec. 15, 2000 (fax copy) re: requesting to present oral argument Aboriginal Legal Services of Toronto Inc.
2000-12-13 Response to miscellaneous motion, from M. Pistyner dated Dec. 7/00 (included in Motion Book), Completed on: 2000-12-13 Her Majesty the Queen
2000-12-13 Response to miscellaneous motion, from D. Tanovich dated Dec. 7/00 (included in Motion Book), Completed on: 2000-12-13 Ian Vincent Golden
2000-12-13 Notice of miscellaneous motion, to file the factum without marginal line numbering (book form), Completed on: 2000-12-13 Aboriginal Legal Services of Toronto Inc.
2000-12-12 Intervener's factum, Completed on: 2000-12-12 Attorney General for Ontario
2000-12-12 Correspondence received from, S. Scott dated Dec. 12/00 (by fax) re: seeking leave to present 15 minutes of oral argument (original received on Jan. 4, 2001) African Canadian Legal Clinic
2000-12-11 Intervener's factum, Completed on: 2000-12-11 Canadian Civil Liberties Association
2000-12-07 Intervener's factum, Completed on: 2000-12-07 Canadian Association of Chiefs of Police (CACP)
2000-12-06 Book of authorities, Vol. I & II, Completed on: 2000-12-06 Aboriginal Legal Services of Toronto Inc.
2000-12-06 Intervener's factum, (no marginal line numbering - motion requested), Completed on: 2000-12-06 Aboriginal Legal Services of Toronto Inc.
2000-12-06 Book of authorities, Completed on: 2000-12-06 African Canadian Legal Clinic
2000-12-06 Intervener's factum, Completed on: 2000-12-06 African Canadian Legal Clinic
2000-12-01 Appeal hearing scheduled, 2001-02-15
Judgment reserved
2000-11-14 Appeal perfected for hearing, Session beginning on 2001-01-15
2000-11-10 Correspondence received from, Kimberly R. Murray (by fax) dated Nov. 10/00 re: Chantal Tie acting as Agent Aboriginal Legal Services of Toronto Inc.
2000-11-09 Respondent's factum, Incomplete Her Majesty the Queen
2000-11-07 Order on motion for leave to intervene, (revised order by the Court)
2000-10-30 Order on motion for leave to intervene, (by the Court)
2000-10-30 Decision on the motion for leave to intervene, Bi, by the ATTORNEY GENERAL OF ONTARIO. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners(15 minutes granted Jan.9, 01). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. 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.(revised Nov.7)
Granted, no order as to costs
2000-10-30 Submission of motion for leave to intervene, Bi
2000-10-11 Response to the motion for leave to intervene, Completed on: 2000-10-11 Her Majesty the Queen
2000-09-15 Appellant's book of authorities, Vol. I to III (vol. 4 filed on Jan. 30, 2001 - supplemental), Completed on: 2000-09-15 Ian Vincent Golden
2000-09-15 Appellant's factum, (see order dated June 14, 2000), Completed on: 2000-09-15 Ian Vincent Golden
2000-09-05 Response to the motion for leave to intervene, from Gowling, Lafleur (fax copy), Completed on: 2000-09-05 Ian Vincent Golden
2000-09-01 Motion for leave to intervene, (see letter sent by the Court dated June 29, 2000) - 2 copies, Completed on: 2000-09-01 Attorney General for Ontario
2000-08-01 Correspondence received, from M. Bloos dated July 27, 2000 re: acknowledge receipt of L. Meagher's letter - intervention
2000-06-29 Correspondence (sent by the Court) to, Alan D. Gold; Marvin Bloos; Charles Davison; Barry Gorlick; Eugene Meehan; Stephen Grace; Brian A. Crane; Robert E. Houston; Robert J. Frater; Manon Guitard; Sylvie Roussel; re: intervention by Sept. 1
2000-06-29 Order on motion for leave to intervene, (BY THE COURT)
2000-06-29 Decision on the motion for leave to intervene, Bi, by the AFRICAN CANADIAN LEGAL CLINIC. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the writtten arguments of the parties and interveners (15 minutes granted Jan. 9/01). 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
2000-06-29 Decision on the motion for leave to intervene, Bi, by the CANADIAN CIVIL LIBERTIES ASSOCIATION. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the writtten arguments of the parties and interveners (15 minutes granted Jan. 9/01). 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
2000-06-29 Decision on the motion for leave to intervene, Bi, by the CANADIAN ASSOCIATION OF CHIEFS OF POLICE. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the writtten arguments of the parties and interveners (15 minutes granted Jan. 9/01). 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
2000-06-29 Decision on the motion for leave to intervene, Bi, by the ABORIGINAL LEGAL SERVICES OF TORONTO INC. The applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a rota judge following receipt and consideration of the writtten arguments of the parties and interveners (15 minutes granted Jan. 9/01). 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
2000-06-29 Submission of motion for leave to intervene, by (ALST) (CACP) (CCLA) & (ACLC), Bi
2000-06-29 Reply to the motion for leave to intervene, from K. R. Murray dated June 29/00 (by fax)(original received on July 4, 2000), Completed on: 2000-06-29 Aboriginal Legal Services of Toronto Inc.
2000-06-28 Reply to the motion for leave to intervene, (Letter Form), from D. Migicovsky dated June 27, 2000 (fax copy), Completed on: 2000-06-28 Canadian Association of Chiefs of Police (CACP)
2000-06-27 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated June 26/00, Completed on: 2000-06-27 Ian Vincent Golden
2000-06-22 Response to the motion for leave to intervene, (Letter Form), from M. Pistyner dated June 21/00 re: does not oppose the inverventions and suggests term conditions, Completed on: 2000-06-22 Her Majesty the Queen
2000-06-16 Order on motion to state a constitutional question, (by the Court)
2000-06-16 Decision on the motion to state a constitutional question, CJ, The application is dismissed on the ground that this case does not raise constitutional questions within the terms of Rule 32 of the Rules of the Supreme Court of Canada.
Dismissed, no order as to costs
2000-06-14 Order on motion to extend time
2000-06-14 Decision on motion to extend time, Reg, to serve & file the appellant's factum to Oct. 1, 2000. The extension of time is granted to September 18, 2000.
Allowed in part, no order as to costs
2000-06-14 Submission of motion to extend time, Reg
2000-06-12 Response to the motion for leave to intervene, (Letter Form), from Gowling, Strathy & Henderson dated June 12/00, Completed on: 2000-06-12 Ian Vincent Golden
2000-06-12 Motion for leave to intervene, (book form), Completed on: 2000-06-12 African Canadian Legal Clinic
2000-06-12 Response to the motion for leave to intervene, from D.M. Tanovich dated June 8/00 (Tab 2 of Motion Record), Completed on: 2000-06-12 Ian Vincent Golden
2000-06-12 Motion for leave to intervene, (book form), Completed on: 2000-06-12 Canadian Civil Liberties Association
2000-06-09 Motion for leave to intervene, to file a factum and present oral argument (book form), Completed on: 2000-06-09 Canadian Association of Chiefs of Police (CACP)
2000-06-09 Response to motion to extend time, Completed on: 2000-06-09 Her Majesty the Queen
2000-06-07 Appellant's record, Completed on: 2000-06-09 Ian Vincent Golden
2000-06-06 Motion to extend time, (Letter Form), to serve and file the factum to Oct. 10/00 (1 copy), Completed on: 2000-06-06 Ian Vincent Golden
2000-05-08 Motion for leave to intervene, (book form), Completed on: 2000-05-08 Aboriginal Legal Services of Toronto Inc.
2000-04-25 Submission of motion to state a constitutional question, CJ
2000-04-20 Response to the motion to state a constitutional question, (Letter Form), from R. Frater dated April 18, 2000, Completed on: 2000-04-20 Her Majesty the Queen
2000-04-20 Appeal court record, (1 small box)
2000-04-19 Reply to the motion to state a constitutional question, (Letter Form), from D. Tanovich dated April 19, 2000 (fax copy), Completed on: 2000-04-19 Ian Vincent Golden
2000-04-13 Letter acknowledging receipt of notice of appeal
2000-04-10 Motion to state a constitutional question, Completed on: 2000-04-10 Ian Vincent Golden
2000-04-10 Notice of appeal, Completed on: 2000-04-10 Ian Vincent Golden
2000-04-05 Order granting leave to appeal
2000-03-24 Notice of deposit of judgment issued to all parties
2000-03-23 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
2000-01-24 All materials on application for leave submitted to the Judges, G Bi Arb
1999-11-23 Order on motion to leave to intervene, (by the Court)
1999-11-23 Decision on motion for leave to intervene, Arb, The motion for leave to intervene by the Aboriginal Legal Services of Toronto Inc. in the application for leave to appeal is dismissed, without prejudice to the right of the applicant to move to intervene in the appeal itself, if leave to appeal is granted.
Dismissed, no order as to costs
1999-11-22 Submission of motion for leave to intervene, Arb
1999-11-18 Reply to the motion for leave to intervene., from K. Roach dated Nov. 18/99 (by fax), Completed on: 1999-11-18 Aboriginal Legal Services of Toronto Inc.
1999-11-17 Response to the motion for leave to intervene, Completed on: 1999-11-17 Ian Vincent Golden
1999-11-12 Applicant's reply to respondent's argument, Completed on: 1999-11-12 Ian Vincent Golden
1999-11-10 Response to the motion for leave to intervene, (book form), Completed on: 1999-11-10 Her Majesty the Queen
1999-11-08 Respondent's response on the application for leave to appeal, Completed on: 1999-11-08 Her Majesty the Queen
1999-11-05 Motion for leave to intervene, (book form), Incomplete Aboriginal Legal Services of Toronto Inc.
1999-10-15 Application for leave to appeal, Completed on: 1999-10-15 Ian Vincent Golden

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
Golden, Ian Vincent Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Aboriginal Legal Services of Toronto Inc. Intervener Active
Canadian Association of Chiefs of Police (CACP) Intervener Active
Canadian Civil Liberties Association Intervener Active
African Canadian Legal Clinic Intervener Active
Attorney General for Ontario Intervener Active

Counsel

Party: Golden, Ian Vincent

Counsel
David M. Tanovich
Pinkofskys
481 University Avenue
Suite 510
Toronto, Ontario
M5G 2E9
Telephone: (416) 598-1811
FAX: (416) 598-3384
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: Her Majesty the Queen

Counsel
James W. Leising
Morris Pistyner
Attorney General of Canada
3400 First Canadian Place, PO Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3747
FAX: (416) 973-8253
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

Party: Aboriginal Legal Services of Toronto Inc.

Counsel
Kent Roach
Kimberly R. Murray
Aboriginal Legal Services of Toronto Inc.
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041 Ext: 224
FAX: (416) 408-4268
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: Canadian Association of Chiefs of Police (CACP)

Counsel
David Migicovsky
Lynda Bordeleau
Perley-Robertson, Hill & McDougall
400 - 90 Sparks Street
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775

Party: Canadian Civil Liberties Association

Counsel
Frank Addario
Jonathan Dawe
Sack Goldblatt Mitchell
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6446
FAX: (416) 591-7333
Agent
Mark Ertel
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: African Canadian Legal Clinic

Counsel
Julian K. Roy
Donald McLeod
African Canadian Legal Clinic
306 - 330 Bay St
Toronto, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
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: Attorney General for Ontario

Counsel
Michael Bernstein
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.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

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 22, 1998
Ontario Court of Justice (General Division)

1-432217

see file
September 23, 1999
Court of Appeal for Ontario

C30385

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

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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.

Downloadable PDFs

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Date modified: 2025-05-13