Case information
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28385
Her Majesty the Queen v. Jeffrey Fink
(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) |
|---|---|---|
| 2002-09-23 | Appeal closed | |
| 2002-09-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-09-12 |
Judgment on the appeal rendered, (joint reasons with 27852 and 28144), CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal from the judgment of the Court of Appeal for Ontario, Number C33537, dated December 4, 2000, heard on the 13th day of December 2001 is dismissed with costs given the Crown's agreement to pay the costs of this appeal, L'Heureux-Dubé, Gonthier and LeBel JJ. dissenting in part. (See long version) Dismissed, with costs |
|
| 2002-06-17 | Response to motion to vary pronouncement / order, (Letter Form), from R.E. Houston, Q.C. dated Apr. 9/02 (Exhibit A of Motion) (sent to Bench June 18/02), Completed on: 2002-06-17 | Her Majesty the Queen |
| 2002-06-17 | Motion to vary pronouncement / order, of this Court dated March 26/01, granting leave to appeal and of the appeal re: costs (2 copies) (sent to Bench June 18/02), Completed on: 2002-06-17 | Jeffrey Fink |
| 2002-05-28 | Correspondence received from, (Letter Form), R. Macklin dated May 27, 2002 (fax copy) re: consents to an order that the costs of Mr. Fink be paid by the Crown on a Legal Aid tariff basis (sent to the judges on May 30, 2002) | Jeffrey Fink |
| 2002-01-10 | Correspondence received from, Robert Frater dated Jan. 10/02 re: C/A of B.C. stay orders in related cases R. Youngman 28936 and R. v. Huber 28937 (joint with 27852-28144)(sent to the Court Jan. 15/02) | Attorney General of Canada |
| 2002-01-07 | Transcript received, 194 pages (joint with 27852-28144) | |
| 2001-12-13 | Judgment reserved OR rendered with reasons to follow | |
| 2001-12-13 |
Hearing of the appeal, 2001-12-13, (V116/117), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2001-12-13 | Acknowledgement and consent for video taping of proceedings, (joint with 27852, 28144) | |
| 2001-12-12 | Respondent's book of authorities, vol. III, Completed on: 2001-12-12 | Jeffrey Fink |
| 2001-12-03 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED TO C.B.A. BY ARBOUR J.) | |
| 2001-11-28 | Intervener's factum, Completed on: 2001-11-28 | Canadian Bar Association |
| 2001-11-27 | Respondent's book of authorities, 12 copies of vol. 1 and 2, Completed on: 2001-11-27 | Jeffrey Fink |
| 2001-11-27 | Book of authorities, (joint avec 27852 et 28144), Completed on: 2001-11-27 | Attorney General of Quebec |
| 2001-11-23 | Intervener's factum, (joint avec 27852-28144), Completed on: 2001-11-23 | Attorney General of Quebec |
| 2001-11-21 | Respondent's factum, (service received Nov. 23, 2001 - book form), Completed on: 2001-11-23 | Jeffrey Fink |
| 2001-10-26 | Notice of withdrawal | Attorney General of Manitoba |
| 2001-10-17 | Order on motion to extend time | |
| 2001-10-16 | Notice of withdrawal | Attorney General of British Columbia |
| 2001-10-16 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum, record and book of authorities to Oct. 10, 2001. Granted, no order as to costs |
|
| 2001-10-16 | Submission of motion to extend time, Reg | |
| 2001-10-05 | Appellant's book of authorities, (vol. 1 and 2), Completed on: 2001-10-05 | Her Majesty the Queen |
| 2001-10-04 | Motion to extend time, to file the factum, record and authorities to Oct. 10, 2001, Completed on: 2001-10-04 | Her Majesty the Queen |
| 2001-09-26 | Appellant's record, Completed on: 2001-10-16 | Her Majesty the Queen |
| 2001-09-26 | Appellant's factum, Completed on: 2001-10-16 | Her Majesty the Queen |
| 2001-09-26 | Book of authorities, (joint with 27852, 28144, 28384), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-26 | Intervener's factum, (joint with 27852, 28144, 28384), Completed on: 2001-09-26 | Attorney General of Alberta |
| 2001-09-18 | Order on motion for leave to intervene, (BY THE COURT) | |
| 2001-09-18 |
Decision on the motion for leave to intervene, Arb, by the CANADIAN BAR 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 the interveners (15 MINUTES ORAL ARGUMENT GRANTED DEC. 3, 2001). 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 |
Decision on the motion for leave to intervene, Arb, by JOSEPH ROGER RICHARD FORGET. Dismissed, no order as to costs |
|
| 2001-09-18 | Submission of motion for leave to intervene, by Forget & CBA, Arb | |
| 2001-09-05 | Appeal perfected for hearing, Session beginning on 2001-10-01 | |
| 2001-09-05 |
Appeal hearing scheduled, 2001-12-13 Judgment reserved |
|
| 2001-08-10 | Reply to the motion for leave to intervene, 6 copies - book form, Completed on: 2001-08-10 | Joseph Roger Richard Forget |
| 2001-08-03 | Response to the motion for leave to intervene, (responding to J. R. Forget's intervention) (book form - 6th copy rec'd Aug. 7/01 with service), Completed on: 2001-08-03 | Her Majesty the Queen |
| 2001-07-13 | Response to the motion for leave to intervene, (Letter Form), from M. Fairbun undated (fax copy) (original received July 18, 2001), Completed on: 2001-07-13 | Her Majesty the Queen |
| 2001-06-28 | Motion for leave to intervene, book form, Completed on: 2001-06-28 | Canadian Bar Association |
| 2001-06-27 | Motion for leave to intervene, (book form), Completed on: 2001-06-27 | Joseph Roger Richard Forget |
| 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 | |
| 2001-05-11 | Response to the motion to state a constitutional question, (Letter Form), from A. Harnett dated May 10, 2001 (fax copy), Completed on: 2001-05-11 | Jeffrey Fink |
| 2001-05-01 | Order granting leave to appeal | |
| 2001-05-01 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-30 | Notice of appeal, Completed on: 2001-04-30 | Her Majesty the Queen |
| 2001-04-27 | Motion to state a constitutional question, 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 28384) | 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 | |
| 2001-03-20 | Respondent's response on the application for leave to appeal, (Letter Form), from A. Harnett dated March 17, 2001 re: takes no position with respect to the leave application, Completed on: 2001-03-20 | Jeffrey Fink |
| 2001-03-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-02-26 | Correspondence received from, 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 28384 - 28144 - 27852 | Her Majesty the Queen |
| 2001-01-15 | Application for leave to appeal, 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 |
|---|---|---|
| Fink, Jeffrey | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Michal Fairburn
David Lepofsky
Philip Downes
David Lepofsky
Philip Downes
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Fink, Jeffrey
Counsel
Richard MacKlin
Falconer Charney
8 PRINCE ARTHUR AVE
TORONTO, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
8 PRINCE ARTHUR AVE
TORONTO, Ontario
M5R 1A9
Telephone: (416) 964-3408
FAX: (416) 929-8179
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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
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: Attorney General of Quebec
Counsel
Gilles Laporte
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
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
Sylvie Roussel
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
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
Robert J. Frater
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
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
Eric J. Tolppanen
Attorney General of Alberta
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
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
Henry S. Brown, Q.C.
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
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: Canadian Bar Association
Counsel
James L. Lebo, Q.C.
McCarthy Tétrault LLP
3200 - 421, 7TH AVE SW
CALGARY, Alberta
T2P 4K9
Telephone: (403) 260-3500
FAX: (403) 260-3501
3200 - 421, 7TH AVE SW
CALGARY, Alberta
T2P 4K9
Telephone: (403) 260-3500
FAX: (403) 260-3501
Agent
Colin S. Baxter
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
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
January 6, 2000
Ontario Superior Court of Justice
MO-126-99
Ontario Superior Court of Justice
MO-126-99
Application dismissed
December 4, 2000
Court of Appeal for Ontario
C33537
Court of Appeal for Ontario
C33537
Appeal allowed
Memorandums of argument on application for leave to appeal
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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.
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Date modified: 2025-05-13