Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
27791
Clément Mukoko Mbaka Mankwe v. Her Majesty the Queen
(Quebec) (Criminal) (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) |
|---|---|---|
| 2002-08-09 | Appeal closed | |
| 2002-01-17 | Record returned to the Registrar of the Court of Appeal | |
| 2001-10-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-10-03 | Copy of formal judgment being prepared | |
| 2001-10-03 | Notice of deposit of judgment sent to all parties | |
| 2001-10-02 | Book of authorities, (supplémentaire)(donnée en cours lors de l'audition), Completed on: 2001-10-02 | Her Majesty the Queen |
| 2001-10-02 | Supplemental document, 12 copies of condensed book | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-10-02 | Acknowledgement and consent for video taping of proceedings | |
| 2001-10-02 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, THE CHIEF JUSTICE (Orally): In view of the Crown's concession with respect to the first grounds of appeal, we would all allow the appeal and order a new trial on the charges as laid against the accused. Allowed, no order as to costs |
|
| 2001-10-02 |
Hearing of the appeal, 2001-10-02, (V075), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment rendered |
|
| 2001-09-26 | Notice of appearance, of Pascal Lescarbeau and Gabriela Vragovic at the hearing of the appeal | Clément Mukoko Mbaka Mankwe |
| 2001-09-25 | Notice of appearance | Her Majesty the Queen |
| 2001-09-25 | Notice of appearance | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-09-10 | Notice of hearing | Clément Mukoko Mbaka Mankwe |
| 2001-09-05 | Order on motion for leave to intervene, (10 MINUTES GRANTED TO ACLC and MARC - BINNIE J.) | |
| 2001-09-05 |
Appeal hearing scheduled, 2001-10-02 Judgment rendered |
|
| 2001-08-23 | Notice of withdrawal, (1 copy) | Aboriginal Legal Services of Toronto Inc. |
| 2001-08-02 | Book of authorities, vol. 1 to 3, Completed on: 2001-08-02 | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-08-02 | Intervener's factum, Completed on: 2001-08-02 | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-07-12 | Correspondence received from, S. Scott dated July 12, 2001 (fax copy) re: whether the S.C. will be dealing with the jury challenge (original received July 20, 2001) | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-07-05 | Respondent's factum, (voir décision du 19 juin/01), Completed on: 2001-07-05 | Her Majesty the Queen |
| 2001-06-19 | Order on motion to extend time | |
| 2001-06-19 |
Decision on motion to extend time, Reg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et produire le mémoire, le dossier et le cahier d'autorités de l'intimée au 10 juillet 2001, est accordée. Granted, no order as to costs |
|
| 2001-06-19 | Submission of motion to extend time, Reg | |
| 2001-06-06 | Motion to extend time, pour produire le mémoire, dossier et authorities au 10 juillet 2001 - 1 copie, Completed on: 2001-06-06 | Her Majesty the Queen |
| 2001-06-04 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-04-11 | Correspondence received from, K.R. Murray dated Apr. 10/01 (by fax) re: confirming Ottawa Agent | Aboriginal Legal Services of Toronto Inc. |
| 2001-04-09 | Appellant's book of authorities, Completed on: 2001-04-09 | Clément Mukoko Mbaka Mankwe |
| 2001-04-09 | Appellant's record, Completed on: 2001-04-09 | Clément Mukoko Mbaka Mankwe |
| 2001-04-09 | Appellant's factum, Completed on: 2001-04-09 | Clément Mukoko Mbaka Mankwe |
| 2001-03-20 | Order on motion for leave to intervene, (by the Court) | |
| 2001-03-20 |
Decision on the motion for leave to intervene, Bi, and extension of time by the AFRICAN CANADIAN LEGAL CLINIC and the MINORITY ADVOCACY AND RIGHTS COUNCIL. A joint factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (10 MINUTES ORAL ARGUMENT GRANTED - SEPT.5/01) The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. 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 |
|
| 2001-03-20 |
Decision on the motion for leave to intervene, Bi, and extension of time by the ABORIGINAL LEGAL SERVICES OF TORONTO INC. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. 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 |
|
| 2001-03-20 | Submission of motion for leave to intervene, Bi | |
| 2001-03-13 | Response to the motion for leave to intervene, re: African Canadian Legal Clinic, Completed on: 2001-03-13 | Her Majesty the Queen |
| 2001-03-09 | Appellant's book of authorities, Completed on: 2001-03-09 | Clément Mukoko Mbaka Mankwe |
| 2001-03-06 | Reply to the motion for leave to intervene, (book form), Completed on: 2001-03-06 | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-02-28 | Response to the motion for leave to intervene, from Gowlings dated Feb. 26/01 re: African Cdn Legal Clinic and Aboriginal Legal Services, Completed on: 2001-02-28 | Clément Mukoko Mbaka Mankwe |
| 2001-02-23 | Motion for leave to intervene, to file a factum and present oral argument (joint with Extension of Time - book form), Completed on: 2001-02-23 | African Canadian Legal Clinic and the Minority Advocacy and Rights Council |
| 2001-02-23 | Reply to the motion for leave to intervene, (Letter Form), from K.R. Murray dated Feb. 23/01 (by fax), Completed on: 2001-02-23 | Aboriginal Legal Services of Toronto Inc. |
| 2001-02-21 | Response to the motion for leave to intervene, from S. Gabbino (joint with response to extension of time), Completed on: 2001-02-21 | Her Majesty the Queen |
| 2001-02-15 | Motion for leave to intervene, to file a factum and present oral argument (book form) (joint with extension of time), Completed on: 2001-02-15 | Aboriginal Legal Services of Toronto Inc. |
| 2001-02-06 | Appeal court record, (1 boîte - joint avec dossier de première instance) | |
| 2000-12-14 | Order granting leave to appeal | |
| 2000-12-14 | Letter acknowledging receipt of notice of appeal | |
| 2000-12-08 | Notice of appeal, Completed on: 2000-12-08 | Clément Mukoko Mbaka Mankwe |
| 2000-11-10 | Notice of deposit of judgment issued to all parties | |
| 2000-11-09 |
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 |
|
| 2000-07-04 | All materials on application for leave submitted to the Judges, G Bi Arb | |
| 2000-04-06 | Respondent's response on the application for leave to appeal, Completed on: 2000-04-06 | Her Majesty the Queen |
| 2000-03-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-03-13 | Application for leave to appeal, Completed on: 2000-03-13 | Clément Mukoko Mbaka Mankwe |
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 |
|---|---|---|
| Mankwe, Clément Mukoko Mbaka | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| African Canadian Legal Clinic and the Minority Advocacy and Rights Council | Intervener | Active |
Counsel
Party: Mankwe, Clément Mukoko Mbaka
Counsel
Bureau 306
Montréal, Quebec
H2X 1Y6
Telephone: (514) 871-8389
FAX: (514) 289-9612
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Manon Ouimet
1, rue Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: African Canadian Legal Clinic and the Minority Advocacy and Rights Council
Counsel
Marie Chen
330 Bay Street
Suite 306
Toronto, Ontario
M5H 2S8
Telephone: (416) 214-4747
FAX: (416) 214-4748
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
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.
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Lower court rulings
Superior Court of Quebec
500-01-044136-973
Voir dossier
Court of Appeal of Quebec (Montréal)
500-10-001140-977
Appel rejeté
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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Related links
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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