Case information
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28148
Victor Eugene Caine v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2004-06-08 | Record returned to the Registrar of the Court of Appeal | |
| 2004-03-11 | Correspondence (sent by the Court) to, the parties re: (in response to D. Frankel's letter dated Jan. 18, 2004) - corrections enclosed | |
| 2004-01-30 | Appeal closed | |
| 2004-01-19 | Correspondence received from, S. David Frankel, Q.C. dated 01/18/04 re: errors in reasons for judgment (joint with 28026-28189) | Her Majesty the Queen |
| 2003-12-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-12-23 |
Judgment on the appeal rendered, REVISED February 18, 2004, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA 025287, dated June 2, 2000, heard on May 6, 2003 is dismissed, Arbour, LeBel and Deschamps JJ. dissenting. (see long version) Dismissed |
|
| 2003-11-07 | Correspondence (sent by the Court) to, counsel re: Lock-up | |
| 2003-09-22 | Correspondence received from, John W. Conroy re: Lock-up | Victor Eugene Caine |
| 2003-09-09 | Correspondence (sent by the Court) to, to counsel re: media lock-up | |
| 2003-07-21 | Correspondence received from, D. Frankel dated July 15, 2003 re: enclosing a copy of judgment in R. v. Murdock of C.A. of Ontario (joint with 28026 and 28189)(sent to the judges on Aug. 1/03) | Her Majesty the Queen |
| 2003-05-22 | Transcript received, (198 pages) Joint with 28026 and 28189) | |
| 2003-05-06 | Judgment reserved OR rendered with reasons to follow | |
| 2003-05-06 |
Hearing of the appeal, 2003-05-06, (V046-047-048), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-04-30 | Correspondence (sent by the Court) to, the parties from A. Roland re: the hearing of the appeal will proceed on May 6, 2003 (joint with 28026 and 28189) - sent to the judges on April 30, 2003 | |
| 2003-04-30 | Correspondence received from, D. Frankel dated April 30, 2003 (fax copy) re: withdraws the motions to file fresh evidence (joint with 28026 and 28189) - sent to the judges on April 30, 2003 | Her Majesty the Queen |
| 2003-04-25 | Correspondence received from, B. Crane dated April 24, 2003 re: new law in June 2003 (joint with 28026) (sent to the judges Apr. 28/03) | Victor Eugene Caine |
| 2003-03-17 | Notice of hearing sent to parties | |
| 2003-03-11 |
Appeal hearing scheduled, 2003-05-06 Judgment reserved |
|
| 2003-01-13 | Correspondence received from, J. Conroy dated 13-01-03 (fax copy) re: hearing of the appeals (joint with 28026 and 28189) sent to the judges on Feb. 27, 2003 | Victor Eugene Caine |
| 2002-12-20 | Transcript received, (33 pp) (joint with/avec 28026-28189) | |
| 2002-12-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-12-13 | Acknowledgement and consent for video taping of proceedings | |
| 2002-12-13 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, (Judgment to follow) Adjourned |
|
| 2002-12-13 |
Hearing of the appeal, 2002-12-13, (V087), CJ G Ia Ma Ba Bi Arb LeB De Adjourned |
|
| 2002-12-11 | Correspondence received from, D. Frankel dated/datée 11-12-02 re: the appeal should proceed/l'appel doit procéder (joint with/avec 28026-29189) | Her Majesty the Queen |
| 2002-12-11 | Correspondence received from, R. Frater dated/datée 11-12-02 re: enclosing 12 copies of full cases as referred to in tabs 17 to 20/incluant 12 copies d'autorités citées aux onglets 17 à 20 (joint/jointes avec 28026 et 28189) | Her Majesty the Queen |
| 2002-12-11 | Correspondence received from, Gowlings (12-11-02); appeal should be not be adjourned | Victor Eugene Caine |
| 2002-12-11 | Correspondence received from, (fax) J.J. Arvay (12-10-02); appeal should not be adjourned | British Columbia Civil Liberties Association |
| 2002-12-10 | Correspondence (sent by the Court) to, all parties; should the appeal be adjourned | |
| 2002-12-06 | Notice of appearance, J. Arvay and M. Pollard dated/datée 06-12-02 (joint/jointes avec 28026 et 28189) | British Columbia Civil Liberties Association |
| 2002-12-06 | Motion to adduce new evidence, (book form / format livre - joint with / avec 28026 / 28189 - 15 copies) distributed / distribuée 12-09-02, Completed on: 2002-12-06 | Her Majesty the Queen |
| 2002-12-02 | Correspondence received from, J. Arvay dated/datée 02-12-02 re: time (joint/jointes avec 28026 et 28189) | British Columbia Civil Liberties Association |
| 2002-11-27 | Correspondence received from, J. Conroy (11-27-02); proposed schedule - projet de calendrier | Victor Eugene Caine |
| 2002-11-26 | Correspondence received from, D. Frankel dated Nov. 25, 2002 (fax copy) re: time allocation (joint with 28026 and 28189) | Her Majesty the Queen |
| 2002-11-25 | Notice of appearance, (Letter Form), Andrew Lokan and Andrew Lewis dated/datée 25-11-02 (joint/jointes avec 28026 et 28189) | British Columbia Civil Liberties Association |
| 2002-11-25 | Notice of appearance, (Letter Form), of John Conroy dated/datée 25-11-02 | Victor Eugene Caine |
| 2002-11-25 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO CCLA & BCCLA BY ARBOUR J.) | |
| 2002-11-20 | Book of authorities, (joint with 29189 and 28026), Completed on: 2002-11-20 | Attorney General for Ontario |
| 2002-11-15 | Book of authorities, (vol. 1 and 2)(joint with 28026 and 28189), Completed on: 2002-11-15 | British Columbia Civil Liberties Association |
| 2002-11-15 | Intervener's factum, (joint with 28026 and 28189), Completed on: 2002-11-15 | British Columbia Civil Liberties Association |
| 2002-11-15 | Intervener's factum, (joint with 28026 and 28189), Completed on: 2002-11-15 | Attorney General for Ontario |
| 2002-11-15 | Intervener's factum, (joint with 28026 and 28189), Completed on: 2002-11-15 | Canadian Civil Liberties Association |
| 2002-11-15 | Book of authorities, (joint with 28026 and 28189), Completed on: 2002-11-15 | Canadian Civil Liberties Association |
| 2002-10-18 | Respondent's factum, (see decision of Aug. 28/02 / joint with 28026 & 28189 - 25 copies), Completed on: 2002-10-18 | Her Majesty the Queen |
| 2002-10-18 | Respondent's book of authorities, Vol. I to III (see decision of Aug. 28/02 / joint with 28026 & 28189 - 13 copies), Completed on: 2002-10-18 | Her Majesty the Queen |
| 2002-09-18 | Notice of hearing | Victor Eugene Caine |
| 2002-09-09 |
Appeal hearing scheduled, 2002-12-13 Adjourned |
|
| 2002-08-28 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum and book of authorities to October 18, 2002. Granted |
|
| 2002-08-28 | Submission of motion to extend time, Reg | |
| 2002-08-07 | Motion to extend time, to file the factum and authorities to Oct. 18, 2002; also to be heard on Dec. 13, 2002 (joint with 28026 and 28189), Completed on: 2002-08-07 | Her Majesty the Queen |
| 2002-03-14 | Appeal perfected for hearing, Session beginning on 2003-04-07 | |
| 2002-03-06 | Order on motion to adjourn the hearing of the appeal, (by the Chief Justice) | |
| 2002-03-06 |
Decision on motion to adjourn the hearing of the appeal, CJ, to the Fall 2002 session. Granted |
|
| 2002-03-06 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2002-03-01 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2002-03-01 | Victor Eugene Caine |
| 2002-02-27 | Motion to adjourn the hearing of the appeal, to Fall Session 2002 (joint with 28026 and 28189), Completed on: 2002-02-27 | Her Majesty the Queen |
| 2001-12-11 | Appellant's record, (12 copies of Exhibits on CD version), Completed on: 2001-12-11 | Victor Eugene Caine |
| 2001-12-07 | Trial court record, 1 box | |
| 2001-12-04 | Appellant's book of authorities, (joint with 28189 and 28026), Completed on: 2001-12-04 | Victor Eugene Caine |
| 2001-12-03 | Appellant's book of authorities, vol. 1 to 3 (not joint), Completed on: 2002-01-25 | Victor Eugene Caine |
| 2001-12-03 | Appellant's factum, Completed on: 2002-01-25 | Victor Eugene Caine |
| 2001-11-26 | Notice of intervention respecting a constitutional question | Attorney General for Ontario |
| 2001-10-30 | Notice of constitutional question(s) | Victor Eugene Caine |
| 2001-10-25 | Order on motion to state a constitutional question | |
| 2001-10-19 | Order on motion to extend time | |
| 2001-10-19 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum and book of authorities to forty-five (45) days from the decision on the motion to state Constitutional Questions Granted, no order as to costs |
|
| 2001-10-19 | Submission of motion to extend time, Reg | |
| 2001-10-19 |
Decision on the motion to state a constitutional question, CJ, 1. Does prohibiting possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, R.S.C. 1985, c. N-1, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II, Controlled Drugs and Substances Act, S.C. 1996, c. 19), infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If the answer to Question 1 is in the affirmative, is the infringement justified under s. 1 of the Charter? 3. Is the prohibition on the possession of Cannabis (marihuana) for personal use under s. 3(1) of the Narcotic Control Act, by reason of the inclusion of this substance in s. 3 of the Schedule to the Act (now s. 1, Schedule II, Controlled Drugs and Substances Act, S.C. 1996, c. 19), within the legislative competence of the Parliament of Canada as being a law enacted for the peace, order and good government of Canada pursuant to s. 91 of the Constitution Act, 1867; as being enacted pursuant to the criminal law power in s. 91(27) thereof; or otherwise? Notices of intervention are to be filed on or before November 26, 2001. Granted, no order as to costs |
|
| 2001-10-18 | Appellant's record, vol. 1 to 7 (see order), Incomplete | Victor Eugene Caine |
| 2001-10-18 | Response to motion to extend time, (Letter Form), letter (by fax) dated Oct. 18/01 from S. David Frankel, Q.C. (joint with 28026), Completed on: 2001-10-18 | Her Majesty the Queen |
| 2001-10-17 | Motion to extend time, (to file and serve the factum and authorities 45 days after the resolution of the const. questions) (joint with 28026) - 1 copy, Completed on: 2001-10-17 | Victor Eugene Caine |
| 2001-10-03 | Order on miscellaneous motion, (by the Court) | |
| 2001-10-03 |
Decision on miscellaneous motion, LeB, by the appellants Clay, Caine and Malmo-Levine will be allowed to file a joint statement of legislative facts not to exceed 40 pages. In addition, they will be allowed to file individual factums not exceeding 30 pages each. Granted, no order as to costs |
|
| 2001-10-03 | Submission of miscellaneous motion, LeB | |
| 2001-09-26 | Correspondence received from, S. David Frankel, Q.C. (by fax) dated Sept. 26/01 re: position continues to be that set out in his letter of Aug. 23/01 | Her Majesty the Queen |
| 2001-09-25 | Notice of miscellaneous motion, to file a Joint Statement of Legislative Facts (joint with 28189-28026)[see response filed Aug. 23/01], Completed on: 2001-09-25 | Victor Eugene Caine |
| 2001-09-18 | Order on motion to extend time | |
| 2001-09-13 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to Oct. 19, 2001. Granted, no order as to costs |
|
| 2001-09-13 | Submission of motion to extend time, Reg | |
| 2001-08-23 | Response to miscellaneous motion, (Letter Form), letter (by fax) from S. David Frankel, Q.C. dated Aug. 23/01, Completed on: 2001-08-23 | Her Majesty the Queen |
| 2001-08-23 | Response to motion to extend time, (Letter Form), letter (by fax) from S. David Frankel, Q.C. dated August 23/01(joint with response to miscellaneous motion filed on Sept. 25/01), Completed on: 2001-08-23 | Her Majesty the Queen |
| 2001-08-23 | Motion to extend time, to file the Factum, Record and Authorities to Oct. 21/01, Completed on: 2001-08-23 | Victor Eugene Caine |
| 2001-08-21 | Order on motion for leave to intervene, (by the Court) | |
| 2001-08-21 |
Decision on the motion for leave to intervene, Arb, and extension of time of the CANADIAN CIVIL LIBERTIES ASSOCIATION. The applicant shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written argument of the parties and interveners (15 MINUTES ORAL ARGUMENT GRANTED NOVEMBER 25, 2002). 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs |
|
| 2001-08-21 | Submission of motion for leave to intervene, Arb | |
| 2001-07-26 | Submission of motion to state a constitutional question, CJ | |
| 2001-07-24 | Response to the motion for leave to intervene, (Letter Form), from R. Frater dated July 23, 2001 (fax copy) (joint with 28026 and 28189), Completed on: 2001-07-24 | Her Majesty the Queen |
| 2001-07-16 | Motion to extend time, to file the motion to intervene (joint with motion to intervene) - book form, Completed on: 2001-07-16 | Canadian Civil Liberties Association |
| 2001-07-16 | Motion for leave to intervene, (joint with 28026 and 28189) - book form, Completed on: 2001-07-16 | Canadian Civil Liberties Association |
| 2001-07-12 | Reply to the motion to state a constitutional question, (Letter Form), from J. Conroy dated July 9, 2001 (joint with 28026) (fax copy), Completed on: 2001-07-12 | Victor Eugene Caine |
| 2001-07-04 | Response to the motion to state a constitutional question, (Letter Form), (fax) from David Frankel re : response to amended motion (joint with 28189), Completed on: 2001-07-04 | Her Majesty the Queen |
| 2001-06-26 | Order on motion for leave to intervene, (by the Court) | |
| 2001-06-26 |
Decision on the motion for leave to intervene, LeB, by the BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION. 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 interveners (15 MINUTES ORAL ARGUMENT GRANTED NOVEMBER 25, 2002). 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. Granted, no order as to costs |
|
| 2001-06-26 | Submission of motion for leave to intervene, LeB | |
| 2001-06-11 | Response to the motion to state a constitutional question, (Letter Form), from D. Frankel dated June 6, 2001 (joint with 28026), Completed on: 2001-06-11 | Her Majesty the Queen |
| 2001-06-08 | Motion for leave to intervene, 2 copies - book form, Completed on: 2001-06-08 | British Columbia Civil Liberties Association |
| 2001-06-05 | Motion to state a constitutional question, (AMENDED motion filed and served June 12/01 - 1 copy), Completed on: 2001-06-05 | Victor Eugene Caine |
| 2001-04-25 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-12 | Order granting leave to appeal | |
| 2001-04-11 | Notice of appeal, Completed on: 2001-04-11 | Victor Eugene Caine |
| 2001-03-16 | Notice of deposit of judgment issued to all parties | |
| 2001-03-15 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-01-29 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2000-12-01 | Correspondence received from, R. Frater dated Dec. 1, 2000 re: similar issues with 28026 and 28189 | Her Majesty the Queen |
| 2000-11-27 | Respondent's response on the application for leave to appeal, Completed on: 2000-11-27 | Her Majesty the Queen |
| 2000-11-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2000-10-30 | Application for leave to appeal, (vols. 1 and 2), Completed on: 2000-10-30 | Victor Eugene Caine |
| 2000-10-06 | Order on motion to extend the time to file and/or serve the leave application | |
| 2000-10-06 |
Decision on motion to extend time to file and /or serve the leave application, to October 31, 2000, LeB Granted, no order as to costs |
|
| 2000-10-06 | Submission of motion to extend time to file and/ or serve the leave application, LeB | |
| 2000-09-27 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (from S. David Frankel, Q.C.), Completed on: 2000-09-27 | Her Majesty the Queen |
| 2000-09-27 | Motion to extend the time to file and or serve the application for leave to appeal, to October 1, 2000, Completed on: 2000-09-27 | Victor Eugene Caine |
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 |
|---|---|---|
| Caine, Victor Eugene | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Caine, Victor Eugene
Counsel
2459 Pauline St
Abbotsford, British Columbia
V2S 3S1
Telephone: (604) 852-5110
FAX: (604) 859-3361
Email: jconroy@johnconroy.com
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: Her Majesty the Queen
Counsel
Kevin Wilson
W. Paul Riley
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
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: British Columbia Civil Liberties Association
Counsel
Matthew Pollard
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Andrew C. Lewis
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
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 for Ontario
Counsel
720 Bay Street
10th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4592
FAX: (416) 326-4656
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.
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Lower court rulings
Supreme Court of British Columbia
CC980571
Appeal dismissed
Court of Appeal for British Columbia (Vancouver)
CA 025287
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.
Downloadable PDFs
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