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28189

Christopher James Clay 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)
2004-03-11 Correspondence (sent by the Court) to, all parties re: (in response to D. Frankel's letter dated Jan. 18, 2004) - corrections enclosed
2004-03-08 Appeal closed
2004-02-24 Judgment on appeal and notice of deposit of judgment sent to all parties, REVISED JUDGMENT
2004-01-19 Correspondence received from, S. David Frankel, Q.C. dated 01/18/04 re: errors in reasons for judgment (joint with 28026-28148) 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 Ontario, Number C28066, dated July 31, 2000, heard on May 6, 2003 is dismissed, Arbour, LeBel and Deschamps JJ. dissenting in part.
Dismissed
2003-11-07 Correspondence (sent by the Court) to, counsel re: Lock-up
2003-10-30 Correspondence received from, Paul Burstein re: Lock-up Christopher James Clay
2003-09-24 Correspondence received from, S. David Frankel re: Lock-up Her Majesty the Queen
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 28148) (sent to the judges on Aug. 1/03) Her Majesty the Queen
2003-07-17 Correspondence received from, P. Burstein dated July 17, 2003 re: responding to M. Frankel's letter dated July 15, 2003 and enclosing a copy of judgment of C.A. B.C. in R. v. Schedel (sent to the judges on Aug. 1/03) Christopher James Clay
2003-05-22 Transcript received, (198 pages) Joint with 28026 and 28148
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 28148) - 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 28148) - sent to the judges on April 30, 2003 Her Majesty the Queen
2003-04-25 Motion to adduce new evidence, 12 copies - book form (sent to the judges Apr. 28/03), Completed on: 2003-04-25 Christopher James Clay
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, J. Conroy, counsel for the Appellants in 28026 and 28148 to Min. Justice, dated 13-01-03 (fax copy) re: hearing of the appeals (joint with 28026 and 28148) sent to the judges on Feb. 27, 2003
2002-12-20 Transcript received, (33 pp) (joint with/avec 28148-28026)
2002-12-20 Judgment on appeal and notice of deposit of judgment sent to all parties
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 28026-28148) Her Majesty the Queen
2002-12-11 Response to the motion to adduce new evidence, affidavit of/de Paul Burstein (original filed/déposé 12/12/02) (sent to Court/envoyé à la Cour 12/11/02), Completed on: 2002-12-13 Christopher James Clay
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 28148) Her Majesty the Queen
2002-12-11 Correspondence received from, (fax) P. Burstein (12-11-02); appeal be adjourned Christopher James Clay
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, (Letter Form), J. Arvay and M. Pollard dated/datée 06-12-02 (joint/jointes avec 28026 et 28148) British Columbia Civil Liberties Association
2002-12-06 Motion to adduce new evidence, (book form / format livre - joint with / avec 28026 / 28148 - 15 copies) distributed / distribuée 12-09-02, Completed on: 2002-12-06 Her Majesty the Queen
2002-12-02 Correspondence received from, (Letter Form), J. Arvay dated/datée 02-12-02 (fax) re: time (joint/jointes avec 28026 et 28148) British Columbia Civil Liberties Association
2002-11-27 Correspondence received, J. Conroy (11-27-02); proposed schedule - projet de calendrier
2002-11-26 Correspondence received from, P. Burstein dated Nov. 26 re: time allocation Christopher James Clay
2002-11-26 Correspondence received from, D. Frankel dated Nov. 25, 2002 (fax copy) re: time allocation (joint with 28026 and 28148) Her Majesty the Queen
2002-11-25 Notice of appearance, (Letter Form), Andrew Lokan and Andrew Davis dated/datée 25-11-02 (joint/jointes avec 28026 et 28148) British Columbia Civil Liberties Association
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 28148 and 28026), Completed on: 2002-11-20 Attorney General for Ontario
2002-11-15 Book of authorities, (joint with 28026 and 28148), Completed on: 2002-11-15 Canadian Civil Liberties Association
2002-11-15 Intervener's factum, (joint with 28026 and 28148), Completed on: 2002-11-15 Canadian Civil Liberties Association
2002-11-15 Intervener's factum, (joint with 28026 and 28148), Completed on: 2002-11-15 Attorney General for Ontario
2002-11-15 Intervener's factum, (joint with 28026 and 28148), Completed on: 2002-11-15 British Columbia Civil Liberties Association
2002-11-15 Book of authorities, (vol. 1 and 2)(joint with 28026 and 28148), Completed on: 2002-11-15 British Columbia Civil Liberties Association
2002-10-18 Respondent's book of authorities, Vol. I to III (see decision of Aug. 28/02 / joint with 28026 & 28148 - 13 copies), Completed on: 2002-10-18 Her Majesty the Queen
2002-10-18 Respondent's factum, (See decision of Aug. 28/02 / joint with 28026 & 28148 - 25 copies), Completed on: 2002-10-18 Her Majesty the Queen
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 28148), 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
2002-02-27 Motion to adjourn the hearing of the appeal, to Fall Session 2002 (joint with 28026, 28148), Completed on: 2002-02-27 Her Majesty the Queen
2002-02-25 Response to the motion to adjourn the hearing of the appeal, Completed on: 2002-02-25 Christopher James Clay
2001-12-05 Appellant's book of authorities, 12 copies (not joint), Completed on: 2001-12-05 Christopher James Clay
2001-12-04 Appellant's book of authorities, (Legislative Facts) (joint with 28026 and 28148), Completed on: 2001-12-04 Christopher James Clay
2001-12-04 Appellant's factum, (see order), Completed on: 2001-12-04 Christopher James Clay
2001-11-26 Notice of intervention respecting a constitutional question Attorney General for Ontario
2001-10-26 Notice of constitutional question(s) Christopher James Clay
2001-10-24 Decision on motion to extend time, Reg, to serve and file the appellant's factum to 45 days after the decision of the motion to state Constitutional Questions.
Granted, no order as to costs
2001-10-24 Submission of motion to extend time, Reg
2001-10-24 Response to motion to extend time, (Letter Form), from D. Frankel dated Oct. 18, 2001 (fax copy), Completed on: 2001-10-24 Her Majesty the Queen
2001-10-24 Motion to extend time, to file the factum, 45 days after the decision of the constitutional questions (further extension), Completed on: 2001-10-24 Christopher James Clay
2001-10-24 Order on motion to state a constitutional question
2001-10-19 Decision on the motion to state a constitutional question, CJ, 1. Does prohibiting possession of Cannabis sativa 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 sativa 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 Nov. 26, 2001.
Granted, no order as to costs
2001-10-03 Order on motion to extend time, (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 Decision on motion to extend time, LeB, to serve and file the factum of the appellant to Oct. 19, 2001. (joint order with motion to file a joint statement)
Granted, no order as to costs
2001-10-03 Submission of miscellaneous motion, LeB
2001-10-03 Submission of motion to extend time, 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 28148-28026] (joint with a motion to extend time)(see response filed Aug. 23/01), Completed on: 2001-09-25 Christopher James Clay
2001-09-25 Motion to extend time, to file the Appellant's factum to Oct. 19/01 (joint with a miscelleneous motion to file a Joint Statement), Completed on: 2001-09-25 Christopher James Clay
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
2001-08-21 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
2001-08-17 Appellant's record, Vol. I to XVI (16 copies of vol. XVI rec'd Aug. 20/01), Completed on: 2001-08-22 Christopher James Clay
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 28148), 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
2001-07-16 Reply to the motion to state a constitutional question, (Letter Form), from P. Burstein dated July 16, 2001 (fax copy), Completed on: 2001-07-16 Christopher James Clay
2001-07-04 Response to the motion to state a constitutional question, (Letter Form), (fax) from David Frankel (joint with 28148), 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
2001-06-08 Motion for leave to intervene, 2 copies - book form, Completed on: 2001-06-08 British Columbia Civil Liberties Association
2001-06-08 Motion to state a constitutional question, Completed on: 2001-06-08 Christopher James Clay
2001-04-18 Letter acknowledging receipt of notice of appeal
2001-04-17 Notice of appeal, Completed on: 2001-04-17 Christopher James Clay
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 28148 and 28026 Her Majesty the Queen
2000-11-16 Respondent's response on the application for leave to appeal, Completed on: 2000-11-16 Her Majesty the Queen
2000-10-25 Decision on motion to extend time to file and /or serve the leave application, Arb, to October 17, 2000.
Granted, no order as to costs
2000-10-25 Submission of motion to extend time to file and/ or serve the leave application, Arb
2000-10-24 Letter acknowledging receipt of an incomplete application for leave to appeal
2000-10-20 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2000-10-20 Her Majesty the Queen
2000-10-20 Motion to extend the time to file and or serve the application for leave to appeal, to October 17, 2000, Completed on: 2000-10-20 Christopher James Clay
2000-10-17 Application for leave to appeal, (+ original judgment filed Nov.1/00), Completed on: 2000-11-01 Christopher James Clay
2000-10-13 Decision on motion to extend time to file and /or serve the leave application, LeB, to Oct. 16, 2000.
Granted, no order as to costs
2000-10-13 Submission of motion to extend time to file and/ or serve the leave application, LeB
2000-10-04 Response to the motion to extend the time to file and / or serve the leave application, from M. Pistyner (joint with Motion), Completed on: 2000-10-04 Her Majesty the Queen
2000-10-04 Motion to extend the time to file and or serve the application for leave to appeal, to Oct. 16, 2000, Completed on: 2000-10-17 Christopher James Clay

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
Clay, Christopher James Appellant Active

v.

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

Other parties

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: Clay, Christopher James

Counsel
Names
Paul Burstein
Alan Young
Karen Unger
Contact information
Burstein, Unger
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 204-1825
FAX: (416) 204-1849
Email: paul@127 john.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Her Majesty the Queen

Counsel
Names
S. David Frankel, Q.C.
Roslyn J. Levine, Q.C.
Kevin Wilson
W. Paul Riley
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Name
Robert J. Frater
Contact information
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: British Columbia Civil Liberties Association

Counsel
Names
Joseph J. Arvay, Q.C.
Matthew Pollard
Contact information
Arvay Finlay
400 - 888 Fort Street
Victoria, British Columbia
V8W 1H8
Telephone: (250) 388-6868
FAX: (250) 388-4456
Email: jarvay@arvayfinlay.com
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
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
Names
Andrew K. Lokan
Andrew C. Lewis
Contact information
Paliare, Roland, Rosenberg, Rothstein, LLP
501 - 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: andrew.lokan@paliareroland.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
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
Name
Milan Rupic
Contact information
Attorney General of Ontario
720 Bay Street
10th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4592
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
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

August 14, 1997
Ontario Superior Court of Justice

3887-F

Appellant convicted of trafficking in a narcotic, possessing a narcotic for the purpose of trafficking and cultivating marijuana contrary to ss. 4(1), 4(2) and 6(1) of the Narcotic Control Act

July 31, 2000
Court of Appeal for Ontario

C28066

Appeal against conviction 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

Not available

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

Not available

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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Webcasts

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Date modified: 2025-05-13