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.
28384
Her Majesty the Queen v. Terry Claus and Bay-Walsh Ltd.
(Ontario) (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) |
|---|---|---|
| 2001-10-26 | Notice of withdrawal | Attorney General of Manitoba |
| 2001-09-28 | Appeal closed | |
| 2001-09-28 | Correspondence received from, Michal Fairburn dated Sept. 26/01 re: discontinuance of the appeal | Her Majesty the Queen |
| 2001-09-26 | Book of authorities, (jont with 27852, 28144, 28385), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-26 | Intervener's factum, (joint with 27852, 28144, 28385), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-26 | Discontinuance of the appeal | Her Majesty the Queen |
| 2001-09-06 | Correspondence received from, Mr. Robert Sutherland (by fax) dated Sept. 5/01 with the name of his Ottawa Agent | Terry Claus and Bay-Walsh Ltd. |
| 2001-09-05 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-09-05 | Appeal hearing scheduled, 2001-12-13 | |
| 2001-06-13 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2001-06-13 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2001-06-12 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2001-06-06 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2001-06-06 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2001-05-28 | Notice of constitutional question(s) | Her Majesty the Queen |
| 2001-05-25 | Order on motion to state a constitutional question | |
| 2001-05-23 |
Decision on the motion to state a constitutional question, CJ, by the appellant. 1. Does s. 488.1 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? 3. Does s. 488.1 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 8 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement reasonable and demonstrably justified in a free and democratic society under s. 1 of the Charter? Notices of intervention are to be filed on or before June 25, 2001. Granted, no order as to costs |
|
| 2001-05-14 | Submission of motion to state a constitutional question, CJ | |
| 2001-05-01 | Order granting leave to appeal | |
| 2001-05-01 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-27 | Motion to state a constitutional question, Completed on: 2001-04-27 | Her Majesty the Queen |
| 2001-04-27 | Notice of appeal, Completed on: 2001-04-27 | Her Majesty the Queen |
| 2001-04-27 | Correspondence received from, M. Fairburn dated Apr. 26/01re: constitutional questions (joint with 28385) | Her Majesty the Queen |
| 2001-04-20 | Notice of deposit of judgment issued to all parties | |
| 2001-04-19 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2001-03-26 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2001-03-09 | Respondent's response on the application for leave to appeal, (will not be filing a response, as per phone conversation)(see consent on leave application at page 58), Completed on: 2001-03-09 | Terry Claus and Bay-Walsh Ltd. |
| 2001-03-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-02-26 | Correspondence received from, K.L. Collins dated Feb. 26/01 (by fax) re: no publication ban | Her Majesty the Queen |
| 2001-02-20 | Correspondence received from, R.E. Houston, Q.C. dated Feb. 20/01 (by fax) re: identical issues raised in 28385 - 28144 - 27852 | Her Majesty the Queen |
| 2001-01-15 | Application for leave to appeal, (consent of the Respondent's Counsel at p. 58 of Leave Application), Completed on: 2001-01-15 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Terry Claus and Bay-Walsh Ltd. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
David Lepofsky
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Terry Claus and Bay-Walsh Ltd.
Counsel
Christopher Watkins
Thunder Bay, Ontario
P7A 7T2
Telephone: (807) 345-4420
FAX: (807) 345-4441
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Attorney General of British Columbia
Counsel
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: kate.ker@gems5.gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Quebec
Counsel
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
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Canada
Counsel
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 of Alberta
Counsel
Appeals & Criminal Law Policy
1620 - 639 5 Avenue S.W.
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: eric.tolppanen@gov.ab.ca
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
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
Ontario Superior Court of Justice
99-0749
See file
Court of Appeal for Ontario
C33030
Appeal 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.
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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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