Case information
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28846
Inspector David Jones v. Don Morrison, Police Complaint Commissioner, et al.
(British Columbia) (Civil) (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) |
|---|---|---|
| 2003-05-06 | Appeal closed | |
| 2003-05-05 |
Decision on the motion to quash the appeal, Ia Ba Bi LeB De, The motion to quash the appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Number CA027697, dated July 6, 2001, was heard this day and the following judgment was rendered: Iacobucci J. (orally) -- We are all of the view that this appeal has become moot and that there are no circumstances to justify hearing the appeal pursuant to the criteria set forth in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342. Accordingly, the motion to quash the appeal is granted with no order as to costs. Granted, no order as to costs |
|
| 2003-05-05 |
Hearing of the motion to quash, 2003-05-05, Ia Ba Bi LeB De Decision rendered |
|
| 2003-05-05 |
Submission of motion to quash, 2003-05-05, Ia Ba Bi LeB De Decision rendered |
|
| 2003-04-25 | Response to the motion to quash, (Letter Form), from Gowlings (sent to the judges Apr. 30/03), Completed on: 2003-04-25 | Attorney General of New Brunswick |
| 2003-04-25 | Correspondence (sent by the Court) to, all parties re: videoconference scheduled for 2:30 p.m. | |
| 2003-04-25 | Response to the motion to quash, 12 copies - book form (sent to the judges Apr. 28/03), Completed on: 2003-04-25 | Inspector David Jones |
| 2003-04-24 | Response to the motion to quash, 12 copies - book form (sent to the judges Apr. 28/03), Completed on: 2003-04-24 | Attorney General of British Columbia |
| 2003-04-24 | Correspondence (sent by the Court) to, all parties re: videoconference | |
| 2003-04-16 | Motion to quash, (bookform) (sent to the judges Apr. 28/03), Completed on: 2003-04-25 | Don Morrison, Police Complaint Commissioner |
| 2003-04-15 | Book of authorities, Completed on: 2003-04-15 | Attorney General of British Columbia |
| 2003-04-15 | Respondent's factum, Completed on: 2003-04-15 | Attorney General of British Columbia |
| 2003-04-14 | Book of authorities, Completed on: 2003-04-14 | Don Morrison, Police Complaint Commissioner |
| 2003-04-14 | Respondent's factum, (25 copies), Completed on: 2003-04-04 | Don Morrison, Police Complaint Commissioner |
| 2003-03-21 | Respondent's record, see order, Completed on: 2003-03-21 | Don Morrison, Police Complaint Commissioner |
| 2003-03-19 | Notice of intervention respecting a constitutional question, (see order) | Attorney General of Alberta |
| 2003-03-14 | Notice of intervention respecting a constitutional question, (see order) | Attorney General of New Brunswick |
| 2003-03-13 | Notice of intervention respecting a constitutional question, (see order) | Attorney General of Ontario |
| 2003-03-12 | Notice of constitutional question(s), Chief Justice's Order and C/A reasons served on Feb. 26/03 - Notice of Const. Ques. dated and served by fax on Feb. 27/03 (original rec'd April 8/03) | Inspector David Jones |
| 2003-03-04 | Appeal perfected for hearing | |
| 2003-03-03 |
Decision on motion to extend time, CJ, UPON APPLICATION by the respondents for an order extending the time to serve and file their record, factum and book of authorities to June 2, 2003; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT the application is granted in part. The time to serve and file the respondents' record, factum and book of authorities is extended to April 15, 2003; IT IS FURTHER ORDERED THAT my Order of February 20, 2003, is amended by replacing the final paragraph of the Order with the following: "IT IS FURTHER ORDERED THAT the notices of intervention shall be served and filed on or before March 20, 2003, and any interveners' factums shall be served and filed on or before May 15, 2003." Allowed in part |
|
| 2003-02-28 | Submission of motion to extend time, CJ | |
| 2003-02-27 | Submission of motion to extend time, CJ | |
| 2003-02-27 | Motion to extend time, to file the factum, record and authorities to June 2, 2003, Completed on: 2003-02-27 | Attorney General of British Columbia |
| 2003-02-27 | Motion to extend time, to file the factum, record and authorities to June 2, 2003, Completed on: 2003-02-27 | Don Morrison, Police Complaint Commissioner |
| 2003-02-20 | Order on motion to state a constitutional question, (see Chief Justice Order) | |
| 2003-02-20 |
Decision on the motion to state a constitutional question, CJ, IT IS HEREBY ORDERED THAT the extension of time to file a motion to state a constitutional question is granted and the constitutional questions are stated as follows: 1) Does section 60.1(2) of the Police Act, R.S.B.C. 1996, c. 367, as amended, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2) If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? IT IS FURTHER ORDERED THAT notices of intervention shall be served and filed on or before March 5, 2003, and any interveners' factums shall be served and filed on or before March 25, 2003. Granted |
|
| 2003-02-19 | Order on motion to extend time | |
| 2003-02-18 |
Decision on motion to extend time, to serve and file the appellant's factum, supplemental record to Jan. 6; appendices to Jan. 8; supplementary book of authorities to Jan. 20, Reg Granted |
|
| 2003-02-17 | Submission of motion to state a constitutional question, CJ | |
| 2003-02-17 | Submission of motion to extend time, Reg | |
| 2003-01-27 | Response to motion to extend time, Completed on: 2003-01-27 | Don Morrison, Police Complaint Commissioner |
| 2003-01-27 | Motion to extend time, to file Factum and Suppl. Rec. to Jan. 6; Appendices to Jan. 8 and Suppl. Authorities to Jan. 20/03, Completed on: 2003-01-27 | Inspector David Jones |
| 2003-01-20 | Correspondence received from, confirming Sean Giovannetti at Hewitts is the Ottawa agent (by fax) | Inspector David Jones |
| 2003-01-20 | Appellant's book of authorities, (SUPPLEMENTARY), Completed on: 2003-01-20 | Inspector David Jones |
| 2003-01-20 | Reply to the motion to state a constitutional question, (Letter Form), D. Butcher undated (fax copy), Completed on: 2003-01-20 | Inspector David Jones |
| 2003-01-13 | Response to the motion to state a constitutional question, (Letter Form), from/de Burke-Robertson dated/datée 13-01-03, Completed on: 2003-01-13 | Attorney General of British Columbia |
| 2003-01-10 | Response to the motion to state a constitutional question, (Letter Form), from/de Gowlings dated/datée 09-01-03 (joint), Completed on: 2003-01-10 | Don Morrison, Police Complaint Commissioner |
| 2003-01-10 | Response to motion to extend time, (Letter Form), from/de Gowlings dated/datée 09-01-03, Completed on: 2003-01-10 | Don Morrison, Police Complaint Commissioner |
| 2003-01-08 | Supplemental document, Appendices to appellant's factum / Appendices au mémoire de l'appelant | Inspector David Jones |
| 2003-01-06 | Correspondence received from, R. Peck dated Jan. 6, 2003 (fax copy) re: will seek an order adjourning the hearing of this appeal (original received on Jan. 8, 2003) | Don Morrison, Police Complaint Commissioner |
| 2003-01-06 | Appellant's record, (SUPPLEMENTAL / SUPPLÉMENTAIRE - 1 vol. p. 683 - 738 - 26 copies), Completed on: 2003-01-27 | Inspector David Jones |
| 2003-01-06 | Appellant's factum, Completed on: 2003-01-27 | Inspector David Jones |
| 2003-01-06 | Motion to state a constitutional question, (joint with extension of time/joint avec la prorogation de délai), Completed on: 2003-01-06 | Inspector David Jones |
| 2003-01-06 | Motion to extend time, to file the motion to state const. questions to Jan. 6, 2003/pour produire la requête pour formuler des questions constitutionnelles au 6-1-03, Completed on: 2003-01-06 | Inspector David Jones |
| 2003-01-03 | Appeal hearing tentative date, 2003-10-09 | |
| 2002-12-17 | Order on motion to extend time | |
| 2002-12-11 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum to January 3, 2003. Granted |
|
| 2002-12-11 | Submission of motion to extend time, Reg | |
| 2002-12-10 | Appellant's record, Vol. I - III, Completed on: 2002-12-10 | Inspector David Jones |
| 2002-12-10 | Appellant's book of authorities, Vol. I - III (14 copies), Completed on: 2002-12-10 | Inspector David Jones |
| 2002-12-10 | Motion to extend time, to file the factum to Jan. 3, 2003/pour produire le factum au 3-01-03, Completed on: 2002-12-10 | Inspector David Jones |
| 2002-11-08 | Order on motion to extend time | |
| 2002-11-06 |
Decision on motion to extend time, Reg, to serve and file the appellant's record, factum and book of authorities to December 10, 2002. Granted |
|
| 2002-11-06 | Submission of motion to extend time, Reg | |
| 2002-11-01 | Motion to extend time, to file the record, authorities, factum to Dec. 10, 2002, Completed on: 2002-11-01 | Inspector David Jones |
| 2002-10-25 | Correspondence received from, (by fax) David G. Butcher, dated Oct. 25; re: will file an extension of time till Dec. 10 | Inspector David Jones |
| 2002-10-23 | Correspondence received from, (fax) from Nick Hopewell re:will be applying for an extension of time to file factum and record | Inspector David Jones |
| 2002-09-23 | Order on motion to state a constitutional question, (by the Chief Justice) | |
| 2002-09-23 |
Decision on the motion to state a constitutional question, CJ Dismissed |
|
| 2002-09-18 | Submission of motion to state a constitutional question, CJ | |
| 2002-08-26 | Reply to the motion to state a constitutional question, Completed on: 2002-08-26 | Inspector David Jones |
| 2002-08-15 | Correspondence received from, P. Barclay dated Aug. 9/02 (by fax) re: will consent to late filing of Appellant's material | Don Morrison, Police Complaint Commissioner |
| 2002-08-15 | Correspondence received from, D. G. Butcher dated Aug. 15/02 (by fax) re: factum and record to be filed this week with extension of time | Inspector David Jones |
| 2002-08-15 | Correspondence received from, N. Hopewell dated Aug. 15/02 (by fax) re: to confirm response on constitutional issue will be filed Aug. 19/02 | Inspector David Jones |
| 2002-07-18 | General proceeding, (notice of discontinuance of his part of the appeal)(proof of service received July 18, 2002) | Inspector Kenneth Doern |
| 2002-07-11 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2002-07-11 |
Decision on the motion for leave to intervene, Ba, by IRENE MacINNES. Dismissed |
|
| 2002-07-11 | Submission of motion for leave to intervene, Ba | |
| 2002-07-08 | Correspondence received from, K.W. Ball dated July 5/02 (by fax) re: Inspector Doern has no further role in the Appeal cc: to all parties | Inspector Kenneth Doern |
| 2002-06-20 | Response to the motion to state a constitutional question, (Letter Form), from R.E. Houston, Q.C. dated June 20/02 (1 copy), Completed on: 2002-06-20 | Attorney General of British Columbia |
| 2002-06-20 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated June 20/02 (joint with response to Constitutional Question - 1 copy), Completed on: 2002-06-20 | Don Morrison, Police Complaint Commissioner |
| 2002-06-20 | Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated June 20/02 - joint with response to motion to intervene (1 copy), Completed on: 2002-06-20 | Don Morrison, Police Complaint Commissioner |
| 2002-06-14 | Motion to state a constitutional question, Completed on: 2002-06-14 | Inspector David Jones |
| 2002-06-10 | Motion for leave to intervene, Completed on: 2002-06-10 | Irene MacInnes |
| 2002-04-12 | Notice of appeal, (sec. dep. no. 2610), Completed on: 2002-04-12 | Inspector Kenneth Doern |
| 2002-03-15 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Jan. 23/03) | |
| 2002-03-15 | Notice of deposit of judgment issued to all parties | |
| 2002-03-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted |
|
| 2002-02-04 | All materials on application for leave submitted to the Judges, L'HD Ba Bi | |
| 2002-01-22 | Correspondence received from, Mr. Doern dated January 21, 02 enclosing TC and C/A orders. | Inspector Kenneth Doern |
| 2001-12-12 | Correspondence received from, from Mr. Nick Hopewell, dated Dec. 12/01 enclosing TC/order and informing that CA/order will be forwarded as soon as received. (by fax - original rec'd Dec. 17/01) | Inspector Kenneth Doern |
| 2001-10-29 | Supplemental document, book form - (3 pages long of argument with a copy of B.C.C.A. decision dated Oct. 3, 2001) (service and respondents' position requested) - proof of service received Nov. 21, 2001 | Inspector Kenneth Doern |
| 2001-10-29 | Respondent's response on the application for leave to appeal, Completed on: 2001-10-29 | Don Morrison, Police Complaint Commissioner |
| 2001-10-25 | Respondent's response on the application for leave to appeal, (pursuant to s. 8 of the Const. Question Act), Completed on: 2001-10-25 | Attorney General of British Columbia |
| 2001-10-01 | Application for leave to appeal, T/C (Faxed copy of Supreme Court Order rec'd. Jan 21/02) and C/A Order missing (Faxed copy of C/A Order rec'd Jan. 21/02), Completed on: 2002-01-15 | Inspector Kenneth Doern |
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 |
|---|---|---|
| Inspector David Jones | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Don Morrison, Police Complaint Commissioner | Respondent | Active |
| Attorney General of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of New Brunswick | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Inspector David Jones
Counsel
Gurprit Gill
Nick H. Hopewell
1200 - 1125 Howe Street
Vancouver, British Columbia
V6Z 2K8
Telephone: (604) 682-7474
FAX: (604) 682-1283
Agent
Fuller Building
Suite 604, 75 Albert Street
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Don Morrison, Police Complaint Commissioner
Counsel
Paul Barkley
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
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 British Columbia
Counsel
6th Floor, 1001 Douglas Street
Victoria, British Columbia
V8X 1X4
Telephone: (250) 356-8875
FAX: (250) 356-9154
Email: george.copley@gems4.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 Ontario
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of New Brunswick
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 of Alberta
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
Supreme Court of British Columbia
L001296
Order quashing Statement of Alleged Disciplinary Default issued by Respondent; Police Act Public Hearing proceeding prohibited; Applicant's application for declaration that s.60.1(2) violated principles of natural justice allowed.
Court of Appeal for British Columbia (Vancouver)
CA027697
Appeal allowed; Applicant's petition for prohibition of public hearing 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
Not available
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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