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28378

Warren James Jarvis v. Her Majesty the Queen

(Alberta) (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)
2006-06-30 Payment out cheque issued, ($566.04)
2006-05-17 Approved order for payment out, (sent to Finance May 26/06)
2002-11-27 Appeal closed
2002-11-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2002-11-21 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 98-17665, dated November 15, 2000, heard on June 13, 2002 is dismissed and the Alberta Court of Appeal's judgment and order for a new trial are upheld.
Dismissed, no order as to costs
2002-08-22 Correspondence received from, A. D. Macleod, Q.C. dated Aug. 21/02 (by fax) re: in response to D. Frankel, Q.C.'s letter dated Aug. 15/02 (10 copies) sent to Bench Aug. 26/02 Warren James Jarvis
2002-08-20 Correspondence received from, S. David Frankel, Q.C. dated Aug. 15/02 re: enclosing a recent decision of the Court of Appeal for Ontario (joint with 28315 - 10 copies) sent to Bench Aug. 26/02 Her Majesty the Queen
2002-08-16 Correspondence received from, D. McCallum for A. D. Macleod dated Aug. 16/02 (by fax) re: in response to D. Frankel, Q.C.'s letter dated July 29/02 (10 copies) sent to Bench Aug. 26/02 Warren James Jarvis
2002-08-02 Correspondence received from, S. David Frankel, Q.C. dated July 29/02 re: enclosing a recent decision of the Court of Appeal for Saskatchewan (joint with 28315 - 10 copies) sent to Bench Aug. 26/02 Her Majesty the Queen
2002-06-28 Transcript received, (155 pages)(joint with 28315)
2002-06-13 Acknowledgement and consent for video taping of proceedings
2002-06-13 Judgment reserved OR rendered with reasons to follow
2002-06-13 Hearing of the appeal, 2002-06-13, (V045, V046), CJ L'HD G Ia Ma Ba Bi Arb LeB
Judgment reserved
2002-06-12 Appellant's condensed book Warren James Jarvis
2002-06-07 Notice of appearance, of Alan Macleod, Q.C. and Wendy K. McCallum at the hearing of the appeal Warren James Jarvis
2002-06-05 Notice of appearance, de Gilles Laporte et Monique Rousseau à l'audition de l'appel Attorney General of Québec
2002-06-05 Notice of appearance, of S. David Frankel, Q.C. et al at the hearing of the appeal Her Majesty the Queen
2002-06-04 Response to motion to extend time, (fax copy), Completed on: 2002-06-04 Her Majesty the Queen
2002-05-31 Decision on motion to extend time, to serve and file the Attorney General of Ontario's book of authorities to May 22/02, Reg
Granted
2002-05-31 Submission of motion to extend time, Reg
2002-05-29 Correspondence received from, D. Frankel dated May 29, 2002 (fax copy) re: recent development with respect to one of the authorities cited in the respondent's factum (joint with 28315)(sent to the judges on June 6, 2002) Her Majesty the Queen
2002-05-28 Order on motion for leave to intervene, (EACH INTERVENER IS GRANTED 15 MINUTES IN TOTAL IN ( LING & JARVIS) ARBOUR J.)
2002-05-24 Order on motion to extend time
2002-05-24 Decision on motion to extend time, DeRg, to serve and file the factum of the intervener Criminal Lawyers' Association (Ontario) to May 22, 2002.
Granted
2002-05-24 Submission of motion to extend time, DeRg
2002-05-22 Book of authorities, (voir ordonnance)(joint avec 28315), Completed on: 2002-05-22 Attorney General of Québec
2002-05-22 Intervener's factum, (voir ordonnance)(joint avec 28315), Completed on: 2002-05-22 Attorney General of Québec
2002-05-22 Motion to extend time, to file and serve the authorities to May 22, 2002 (joint), Completed on: 2002-05-22 Attorney General for Ontario
2002-05-22 Book of authorities, (joint with 28315), Completed on: 2002-05-22 Attorney General for Ontario
2002-05-22 Intervener's factum, (joint with 28315) (p. 4 missing - added May 23/02 with service by fax) (motion to extend time filed May 10/02), Completed on: 2002-05-22 Criminal Lawyers' Association (Ontario)
2002-05-16 Order on motion to extend time
2002-05-16 Decision on motion to extend time, Reg, La requête pour obtenir une ordonnance prorogeant le délai pour signifier et produire le mémoire de l'intervenant Procureur général du Québec au 22 mai 2002.
Granted
2002-05-16 Submission of motion to extend time, Reg
2002-05-15 Response to motion to extend time, (fax copy), Completed on: 2002-05-15 Her Majesty the Queen
2002-05-15 Intervener's factum, (joint with 28315), Completed on: 2002-05-15 Attorney General for Ontario
2002-05-10 Motion to extend time, to serve and file the factum to May 22/02 (1 copy), Completed on: 2002-05-10 Criminal Lawyers' Association (Ontario)
2002-05-08 Motion to extend time, pour signifier et produire le mémoire au 22 mai 2002, Completed on: 2002-05-08 Attorney General of Québec
2002-05-08 Decision on motion to extend time, to serve the respondent's book of authorities to April 22/02, Reg
2002-05-08 Submission of motion to extend time, Reg
2002-05-06 Response to motion to extend time, (fax copy), Completed on: 2002-05-06 Warren James Jarvis
2002-05-01 Motion to extend time, to serve the authorities to April 22, 2002 - 1 copy, Completed on: 2002-05-01 Her Majesty the Queen
2002-05-01 Correspondence received from, S.A. St-Aubin dated May 1, 2002 re: enclosing pages 61 to 64 to be added at Vol. 3, Tab 43 of the book fo authorities (sent to the judges on May 3, 2002) - joint with 28315 Her Majesty the Queen
2002-04-25 Order on motion for leave to intervene, (PAR ARBOUR J.)
2002-04-25 Decision on the motion for leave to intervene, Arb, La demande de prorogation de délai et d'autorisation d'intervenir présentée par le PROCUREUR GÉNÉRAL DU QUÉBEC est accueillie; le requérant aura le droit de signifier et déposer un mémoire n'excédant pas 20 pages au plus tard le 15 mai 2002. La demande visant à présenter une plaidoirie sera examinée après la réception et l'examen de l'argumentation écrite des parties et des intervenants (15 MINUTES DE PLAIDOIRIE ACCORDÉE LE 28 MAI 2002).

L' intervenant n'aura pas le droit de produire d'autres éléments de preuve ni d'ajouter quoi que ce soit au dossier des parties.

Conformément au par. 18(6) des Règles de la Cour suprême du Canada, l'intervenant paiera à appelant et à l'intimé tous débours supplémentaires résultant de son intervention.
Granted
2002-04-25 Submission of motion for leave to intervene, Arb
2002-04-22 Response to the motion for leave to intervene, Completed on: 2002-04-22 Her Majesty the Queen
2002-04-18 Respondent's book of authorities, 13 copies of Vol. I to IV (see decision of March 20/02 - extension of time requested for service only / joint with 28315), Completed on: 2002-04-18 Her Majesty the Queen
2002-04-17 Respondent's factum, (see order), Completed on: 2002-04-18 Her Majesty the Queen
2002-04-16 Response to the motion for leave to intervene, (Letter Form), from A. Macleod dated April 15, 2002 (fax copy), Completed on: 2002-04-16 Warren James Jarvis
2002-04-12 Motion for leave to intervene, (jointe avec progoration de délai) - 1 copie, Completed on: 2002-04-12 Attorney General of Québec
2002-03-21 Order on motion for leave to intervene, (revised order amending the style of cause)
2002-03-20 Decision on motion to extend time, Reg, to serve and file the respondent's factum to April 18, 2002.
Granted
2002-03-20 Submission of motion to extend time, Reg
2002-03-15 Correspondence received from, the appellants dated March 14/02 (by fax) re: in response to D. Frankel's letter of March 13/02 regarding the matter in which appeals should be heard (joint with 28315) Warren James Jarvis
2002-03-15 Notice of hearing Warren James Jarvis
2002-03-14 Order on motion for leave to intervene, (by the judge)(revised order amending the style of cause issued March 21, 2002)
2002-03-14 Decision on the motion for leave to intervene, Arb, and extension of time by the CRIMINAL LAWYERS' ASSOCIATION (ONTARIO). 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 (15 MINUTES GRANTED ON MAY 28, 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
2002-03-14 Submission of motion for leave to intervene, Arb
2002-03-14 Reply to the motion for leave to intervene, (Letter Form), from S.K. Fenton dated March 14/02 (by fax) (joint with 28315), Completed on: 2002-03-14 Criminal Lawyers' Association (Ontario)
2002-03-13 Correspondence received from, D. Frankel dated March 13, 2002 (fax copy) re: takes no position as to which of these 2 cases should proceed first (joint with 28315) Her Majesty the Queen
2002-03-13 Correspondence received from, A. Macleod dated March 13, 2002 (fax copy) re: Ling and Jarvis cases should not be heard together (joint with 28315) Warren James Jarvis
2002-03-13 Response to the motion for leave to intervene, (Letter Form), from R. Frater dated March 13/02 (by fax) (joint with 28315), Completed on: 2002-03-13 Her Majesty the Queen
2002-03-12 Response to the motion for leave to intervene, (included in the motion), Completed on: 2002-03-12 Warren James Jarvis
2002-03-12 Motion for leave to intervene, 3 copies - book form (joint with extension of time), Completed on: 2002-03-12 Criminal Lawyers' Association (Ontario)
2002-03-12 Response to motion to extend time, (Letter Form), letter from Alan D. McLeod (by fax) dated March 11/02, Completed on: 2002-03-12 Warren James Jarvis
2002-03-11 Correspondence received from, Tinka Shanahan (by fax) dated March 11/02 re Trevor Shaw now has carriage of this matter (joint with 28315) Attorney General for Ontario
2002-03-08 Appeal hearing scheduled, 2002-06-13
Judgment reserved
2002-03-06 Motion to extend time, to file the Respondent's factum to April 18/02 (joint with 28315), Completed on: 2002-03-06 Her Majesty the Queen
2001-12-07 Appeal perfected for hearing, Session beginning on 2002-04-15
2001-10-12 Supplemental document, 24 copies of suppl. record (enclosing judgments and reasons for judgment) Warren James Jarvis
2001-10-12 Appellant's record, 12 copies of vol. 1 to 5 (see order), Completed on: 2001-10-12 Warren James Jarvis
2001-10-12 Appellant's book of authorities, Completed on: 2001-10-12 Warren James Jarvis
2001-10-12 Appellant's factum, Completed on: 2001-10-12 Warren James Jarvis
2001-10-10 Response to motion to reduce number of copies, (Letter Form), from D. Frankel dated Oct. 10, 2001 (fax copy), Completed on: 2001-10-10 Her Majesty the Queen
2001-10-10 Decision on motion to reduce number of copies, Reg, of the appellant's record to 12 copies and excusing the appellant from complying with the requirements of rule 33(3) when reproducing transcript evidence and reasons for judgment in the record.
Granted, no order as to costs
2001-10-10 Submission of motion to reduce number of copies, Reg
2001-09-26 Motion to reduce number of copies, (from 24 to 12 copies of record)(joint), Completed on: 2001-09-26 Warren James Jarvis
2001-09-18 Order on motion for leave to intervene
2001-09-18 Decision on the motion for leave to intervene, Arb, by the ATTORNEY GENERAL OF ONTARIO. 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 (15 MINUTES GRANTED ON MAY 28, 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
2001-09-18 Submission of motion for leave to intervene, Arb
2001-08-29 Response to the motion for leave to intervene, Completed on: 2001-08-29 Her Majesty the Queen
2001-08-29 Motion for leave to intervene, 1 copy, Completed on: 2001-08-29 Attorney General for Ontario
2001-06-22 Letter acknowledging receipt of notice of appeal
2001-06-18 Notice of deposit for security Warren James Jarvis
2001-06-14 Order granting leave to appeal
2001-06-13 Notice of appeal, Completed on: 2001-06-13 Warren James Jarvis
2001-05-18 Notice of deposit of judgment issued to all parties
2001-05-17 Judgment of the Court on the application for leave to appeal
Granted, no order as to costs
2001-04-02 All materials on application for leave submitted to the Judges, L'HD Arb LeB
2001-03-09 Order on motion to extend time
2001-03-09 Decision on motion to extend time, Reg, to serve & file the respondent's response to Mar. 7, 2001.
Granted, no order as to costs
2001-03-09 Submission of motion to extend time, Reg
2001-03-09 Response to motion to extend time, (fax copy), Completed on: 2001-03-09 Warren James Jarvis
2001-03-07 Motion to extend time, to file the response to March 7, 2001- 2 copies, Completed on: 2001-03-07 Her Majesty the Queen
2001-03-07 Respondent's response on the application for leave to appeal, Completed on: 2001-03-07 Her Majesty the Queen
2001-03-05 Letter acknowledging receipt of a complete application for leave to appeal
2001-01-12 Application for leave to appeal, Completed on: 2001-01-12 Warren James Jarvis

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
Jarvis, Warren James Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active
Attorney General of Québec Intervener Active

Counsel

Party: Jarvis, Warren James

Counsel
Names
Alan MacLeod, Q.C.
Wendy K. Johnston
Wendy K. McCallum
Contact information
Macleod Dixon
3700 - 400, 3rd Avenue S. W.
Calgary, Alberta
T2P 4H2
Telephone: (403) 267-8222
FAX: (403) 264-5973
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Her Majesty the Queen

Counsel
Names
S. David Frankel, Q.C.
Janet Henchey
Bruce Harper
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: Attorney General for Ontario

Counsel
Name
Trevor Shaw
Contact information
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4204
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

Party: Criminal Lawyers' Association (Ontario)

Counsel
Name
Scott K. Fenton
Contact information
Suite 3910, P. O. Box 234
66 Wellington Street West
Toronto, Ontario
M5K 1J3
Telephone: (416) 955-4551
FAX: (416) 955-1237
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: Attorney General of Québec

Counsel
Names
Gilles Laporte
Monique Rousseau
Contact information
Procureur général du Québec
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com

Summary

Keywords

None.

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

March 6, 1998
Court of Queen’s Bench of Alberta

9701-016-S2

Respondent's summary conviction appeal allowed; new trial ordered

November 15, 2000
Court of Appeal of Alberta (Calgary)

98-17665

Applicant's 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

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13