Case information
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28937
Attorney General of Canada v. Eric Emerson Huber
(British Columbia) (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) |
|---|---|---|
| 2002-10-28 | Close file on Leave | |
| 2002-10-11 | Judgment on leave sent to the parties | |
| 2002-10-10 | Order issued on motion for a stay of execution, (by McLachlin J.) | |
| 2002-10-10 |
Decision on the motion for a stay of execution, CJ, In light of the judgment rendered this day on these applications for leave to appeal and the application for leave to cross-appeal, the order issued by Iacobucci J. on September 26, 2002, is modified by replacing the words "a final decision of this Court in these matters" with the words "a final decision of the Court of Appeal in the matters remanded to it". Granted |
|
| 2002-10-10 | Submission of motion for a stay of execution, CJ | |
| 2002-10-10 |
Judgment of the Court on the application for leave to cross-appeal Remand |
|
| 2002-10-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of British Columbia (Vancouver), Numbers CA026974 and CA027048, dated November 5, 2001, is remanded to the Court of Appeal of British Columbia to be reconsidered and dealt with in accordance with this Court's judgment in Lavallee, Rackel and Heintz v. Canada (Attorney General), S.C.C. appeal no. 27852, released September 12, 2002. Remand |
|
| 2002-09-26 | Correspondence received from, (fax) from Kenneth Yule dated Sept. 25, 2002 re: Madam Justice Ryan continued the stay | Attorney General of Canada |
| 2002-09-26 | Order issued on motion for a stay of execution, (by Iacobucci J.) | |
| 2002-09-26 |
Decision on the motion for a stay of execution, That part of the Orders of the Court of Appeal made on the 5th day of November, 2001, in Court of Appeal File Nos. CA 027048 and 026973 and 026974, declaring that "the words other than a law office' be added after the word ‘place' in the introductory words of Section 487(1) of the Criminal Code, R.S.C. 1985, c. C-46, as amended", is hereby stayed pending a final decision of this Court in these matters. (SEE CHIEF JUSTICE'S ORDER DATED OCTOBER 10, 2002) Granted |
|
| 2002-09-19 | Submission of motion for a stay of execution, Ia | |
| 2002-09-19 | Motion for a stay of execution, (letter form Robert Frater), Completed on: 2002-09-19 | Attorney General of Canada |
| 2002-04-08 | All material on the application for leave to cross-appeal submitted to the Judges | |
| 2002-04-08 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-01-10 | Supplemental document, 2 B.C. C/A orders on stay dated Dec. 11/01 (CA 027048 and CA 026974) | Attorney General of Canada |
| 2002-01-10 | Correspondence received from, Robert Frater dated Jan. 10/02 together with 2 C/A of B.C. stay orders pursuant to 65.1 of the SCC Act (joint with 28936) | Attorney General of Canada |
| 2002-01-08 | Respondent's response on the application for leave to appeal, Completed on: 2002-01-08 | Eric Emerson Huber |
| 2001-12-18 | Correspondence received from, R. Frater dated Dec. 18, 2001 (fax copy) re: there is no publication ban | Attorney General of Canada |
| 2001-12-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-12-11 | Application for leave to appeal, Completed on: 2001-12-11 | Attorney General of Canada |
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 |
|---|---|---|
| Attorney General of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Huber, Eric Emerson | Respondent | Active |
Counsel
Party: Attorney General of Canada
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0213
FAX: (604) 666-1599
Email: kenneth.yule@justice.gc.ca
Agent
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Huber, Eric Emerson
Counsel
Vancouver, British Columbia
V6E 1E1
Telephone: (604) 687-9831
FAX: (604) 687-7089
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
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.
None.
Lower court rulings
Supreme Court of British Columbia
CC990735
Declaration s. 488.1 of the Criminal Code unconstitutional and of no force and effect; Declaration s.487 constitutional
Court of Appeal for British Columbia (Vancouver)
CA026974, CA027048
Appeal with respect ot s.488.1 dismissed; Cross-appeal with respect to s.487 allowed in part, s.487 declared unconstitutional, words read into s.487
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.
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
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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